The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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After the reading of this Bill the House did without all question Adjourn it self unto Thursday the third day of November ensuing, although there be no mention thereof in this said JournalBook of the House of Commons, which must (as all other defects) be imputed to the former neglect. And yet this Adjournment may be collected, not only by a like Adjournment of the Lords unto Friday the 4th day of November aforesaid, and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament; but also out of the very Entrance of the said Thursday following, which is on the very next Page after the Entrance of the before mentioned Bill, which is never used to be done if any other days passages should have intervened between. And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn it self contrary to the usual practice both of former and latter times, which was no other than the handling of that great and unusual business touching the Scotish Queen, and leaving or forbearing to treat of other ordinary matters usual in the House.
Vide de tota ista materia in Annal. Eliz. à Cambd. script. Edit.Lugd.Bat.1625. à p. 432. ad p.472.
For by this means it happened that the Original Letters and other proofs produced against the said Scotish Queen for the discovery of her being guilty of the Teason plotted by Ballard, Babington and others, being all first laid open and urged before the Lords in the Upper House, and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees; It was the only means and cause that the said House of Commons did for want of matter and imployment so often Adjourn it self: Whereas usually at other times the passing of Bills with the matter of Subsidy and publick grievances being first debated in the said House and from them derived to the Lords, their Lordships are often necessitated in the beginning of each Parliament for want of like imployment to Adjourn themselves.
On Thursday the third day of November, to which day the Parliament had been on Monday the 31th day of October foregoing last adjourned, MrSpeaker shewed unto the House, that he received Commandment from my Lord Chancellor from her Majesty to signifie unto them, that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the chusing and returning of the Knights for the County of Norfolk: a thing in truth impertinent for this House to deal withal, and only belonging to the Charge and Office of the Lord Chancellor, from whence the Writs for the same Elections issued out, and are thither returnable again. And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges. And so thereupon examining the said Returns, and the Sheriff, touching the matter and circumstances of his proceedings in the said Elections, to set down such course for making the true Return as to Justice and Right shall therein appertain.
Two Bills had each of them one reading; of which the first being the Bill for Orford-Haven, had its first reading; and the second being the Bill touching Inrollments, had its second reading.
One of the House offering to speak to this Bill, Mr Vice-Chamberlain stood up, and shewed unto this House, that having matter of most great importance to deliver unto this House from her Majesty, he was so bold with their good favours for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill; and so then shewed, that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament, could not hear the same, and also that many of the Members of this House now here present, were not then come up or returned, commanded him to deliver unto this House the summary cause of her Majesties calling and assembling of this great Council at this time, which was (he said) not to make any more Laws as being many more already than well executed, nor yet for any Subsidy, albeit, if need so required, the same were convenient enough to be done; but (said he) to consult for such matters as the like were never erst heard of, nor any Parliament called for in former time that can be found or read of. And so very excellently, plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the Queen of Scots so called, meerly tending to the ruine and overthrow of the true and sincere Religion established in this Realm, the Invasion of Foreign Forces into this Realm, Rebellion and Civil Wars and dissension within this Realm: yea and withal (which his heart quaked and trembled to utter and think on) the death and destruction of the most Sacred Person of our most Gracious Soveraign Lady the Queens Majesty, to the utter desolation and conquest of this most Noble Realm of England. And so discoursing of the matter and great execrable Treacheries and Conspiracies of the said Queen of Scots even from the first to the last in particularities very amply and effectually (such of them at the least as have been hitherto discovered) shewing also very manifestly and evidently the proofs and all other circumstances of the same Treachery and Conspiracies; and so thinketh good for his part that speedy Consultation he had by this House for the cutting of her off by course of Justice, for that otherwise our said Soveraign Lady the Queens Majesties most Royal Person cannot be continued with safety, concludeth with this Sentence,
Ne pereat Israel, pereat Absolon.
Which done, Mr Chancellor of the Exchequer, Mr Chancellor of the Dutchy, and Mr Secretary Woolley using each of them severally very effectual Speeches at large touching the said horrible Treasons and Conspiracies caused and procured by the said Queen of Scots, the House did then rise, the time being far spent, with reservation nevertheless by Mr Speaker remembred for further Speech therein to be had by others of this House to morrow again, and a saving also till some other more convenient time for such of this House as shall please to speak to the said Bill of Inrollments upon the said second reading of the same accordingly. Vide 7th November, Monday.
On Friday the 4th day of November Mr Recorder of London having made Declaration unto this House, that divers of the Members of the same do find themselves grieved for that their Servants attending upon them, are daily arrested contrary to the ancient Liberties and Priviledges of this House, and having further moved also that a like Committee of this House may at this time be appointed, as had been the last Parliament for the examining and reporting Cases of Priviledge; It was resolved and agreed by the House, that the same shall be exercised and done accordingly: And for the performance thereof the said Mr Recorder, Sir Henry Gate, Mr Robert Wroth and Mr William Fleetwood were appointed by the Authority of the House.
Upon the Motion of Mr Speaker putting the House in remembrance of continuing and further prosecuting of the great Cause they dealt in: yesterday divers Speeches were made to that effect by Sir James Croft Comptroller of her Majesties Houshold. Sir Francis Knowles Treasurer of the same, Sir William Herbert, Sir Thomas Scot, Mr Francis Bacon, Mr Alford, Mr Throgmorton, Mr Barker, Mr Dalton, Mr Baynbrigg, and Mr Sollicitor; by all which it was concluded, That considering the late horrible Treasons and Practices conspired against the Life of the Queens Majesty, and also for the procuring of Foreign Invasion in respect of the Attempt; and also for endeavouring to raise Rebellion within the Realm for and by Mary late Queen of Scots, therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter, which could never be, unless the said Scottish Queen did presently suffer the due Execution of Justice according to her deserts.
And then upon the further Motion of the said Mr Sollicitor for a Committee of this House to be had to confer of some convenient and fit course to be taken by Petition and Suit to her Majesty in that behalf, with request also unto the Lords to joyn therein with this House to her Highness, if it please them; thereupon this Committee following was nominated and appointed in that behalf accordingly, viz. all the Privy Council of the House, Sir William Herbert, Sir Thomas Scot, Sir Henry Gate, Sir William Moore, Sir Thomas Manners, Sir Thomas Fairfax, Sir Robert Jermin, Sir John Petre, Sir Henry Cock, Sir Henry Cobham, Sir Henry Knyvet, Sir John Higham, Sir Thomas Stanhope, Mr Fortescue Master of the Wardrobe, Mr Randal, Mr Osborne, Mr George Moore, Mr Cromwell, Mr Beale, Mr Wroth, Mr Burlace, Mr George Carie, Mr Doctor Stanhopp, Mr Dale, Master of Requests, Mr Francis Hastings, Mr Sollicitor, Mr Attorney of the Wards, Mr Serjeant Snagg, Mr Morrice, Mr Sandes, Mr Dalton, Mr Bacon, Mr Alford, Mr Barker, Mr Bainbrigge, Mr Throckmorton, Mr Corbett, Mr Palmes, Mr Pate, Mr Skinner, Mr Amersam, Mr Edward Lukenor, Mr Thynne and Mr Hellyard Recorder of York, who were all of them appointed by the House to meet in the Exchequer Chamber at two of the Clock this Afternoon.
On Saturday the 5th day of November Mr George Moore entring into some discourse touching the great Cause, concludeth (after sundry great and weighty reasons first shewed) that only Popery is the chief and principal root of all the late horrible and wicked treacheries and practices, and the Queen of Scots a principal branch issuing from the same root, and the most perillous and full of poyson of all the other branches thereof, for that the Papists in very deed for the most part not knowing the Person of the said Queen of Scots do with the Establishing of her in the Crown of this Realm rather in respect of Popery which she would set up, than for any affection they bear to her Person, and so likewise for the most part all of them either wish or could easily bear the death of our Soveraign Lady the Queens Majesty, though perhaps they would not shew themselves to be Actors or Dealers therein. He therefore moveth that it may be joyned in the Petition for the great Cause, that her Majesty may be moved to retain no Servants about her Highnesses Person, but such only as may be well known both to profess the true and sincere Religion, and also to be every way true and faithful Subjects. And further, that the Laws already in force against Papists may be put in due Execution. Which Speeches being ended Mr Speaker shewed that the said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Causeby any member of the House.
Mr Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London. Whereupon Mr Speaker put the House in remembrance of her Majesties pleasure before signified unto this house; to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned; yet because in the mean time of dealing in the said great Cause in Committee or otherwise, there should be nothing to occupy the House withal, it is thought good at such times to have some Bills read in the House (reserving always due regard and place to the said great Cause. And thereupon the said Bill was read accordingly.
The Bill touching the Curriers was read the first time.
The Bill also for limitation of time touching Writs of Error growing by fraud, had its first reading.
Mr Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County, out of Cities, Market Towns and Corporate Towns. Whereupon the said Bill was then read accordingly.
The Bill touching Clothiers in the County of Devon had its first reading.
Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler, and John Turner of the same Butcher, being both of them in the Serjeants Custody for presuming to come into this House (sitting the House) and being no Members of the same; it is, upon opinion that they did it of ignorance and meer simplicity, and not of any pretended purpose, and also upon their humble submission of themselves unto this House, and like humble request and Petition of Pardon for the same, Agreed by this House, that they shall be discharged and set at Liberty, taking first the Oath of Supremacy openly in this House, which they so then did and afterward departed.
On Munday the 7th day of November, The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas, whereunto any of the said Justices are parties, was read the first time.
Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth, and prayeth that the same Bill may be read; which was so then read accordingly.
The Bill for relief of certain Orphans in the County of Monmouth had its first reading.
Mr Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas, and prayeth the same may be read; which was thereupon so done accordingly.
The Bill touching Clothes made to be transported over the Seas had its first reading.
Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex, and prayeth the reading thereof, which in no wise he would have moved, if the House should have been any ways occupied in the great Cause; the speedy course and proceeding whereof he most earnestly desireth and prayeth.
The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time.
Mr Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them, and that then also they did appoint another Meeting therein to be this Afternoon; and shewed withal, That some of the Committees of this House, being of the Privy Council, do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves, nor in any other matter besides, until they shall have first heard therein from this House for Conference to be prayed with them by this House; and therefore moved, That now whilst their Lordships do yet sit, the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference, and to know their Lordships pleasure for the time and place of Meeting. Whereupon for that purpose it was ordered, That all the Privy Council being of this House, Sir Henry Gate, Mr Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House; who did so accordingly.
It should seem that in the mean time after the going up of Mr Treasurer and the rest, and before their return from the Lords, these matters following were handled, viz.
The Bill touching Orford-Haven was read the second time, and thereupon committed unto Sir Robert Jermin, Sir John Higham, Sir Henry Cobham, Mr Cromwell, Mr Layer, and all others that were Committees in the same Cause the last Parliament, to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock.
After sundry Speeches to the Bill touching Inrollments upon the second reading thereof, and being then reserved to convenient time, and this present time falling out to be convenient for that purpose, it is upon the question both for the committing and ingrossing quite dashed and rejected.
The Bill touching Curriers had its second reading.
Mr Treasurer and the residue of the Committees being returned from the Lords (as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills) he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause, which their Lordships did very well like of, and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships, as their Lordships for that purpose do appoint: which (he faith) he thinketh to be twenty or thereabouts. And so thereupon were the Names of the said Committees of this House read, and they required to give their Attendances therein at the said time and place accordingly.
On Tuesday the 8th day of November Mr Doctor Turner shewed unto this House, That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots, unless some good means withal be had for the rooting out of Papistry, either by making of some good new Laws for that purpose, or else by the good and due Execution of the Laws already in force; which, as he greatly wisheth and referreth to the grave consideration of this House: so concluding in his own Conscience that no Papist can be a good Subject, he did offer a Bill to this House containing (as he thinketh) some convenient form of matter tending to the effect of his Motion; and prayeth the same may be read. Whereupon Mr Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person, putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees of this House who had not only had Conference thereof amongst themselves, but also with Committees of the Lords yesterday, and must so have again this day also in the Afternoon: And sheweth further, That yesterday upon the like Motion of this made by another Gentleman of this House, it was agreed, That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person, should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House, and so wished this might also be, without reading the said Bill, or further proceeding therein by this House, until the said Committees should first have reported unto this House their travail with the Lords in the said Cause, which he thought would be to morrow. And after sundry Speeches to that end uttered by Mr George Moore, Sir Henry Knyvet, Mr Treasurer and Mr Francis Hastings, it was referred to be imparted to the said Committees accordingly, and therefore the Bill not to be read as yet in this House.
Sundry Speeches being had touching the Liberties of this House, and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk, and some arguing one way, and some another, the time so passing away, the House did rise, and nothing then resolved thereof at all. And then also at the rising of the House, it was moved, That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon, the meeting of the Committees in the Bill for Orford Haven (likewise appointed for this Afternoon) might be deferred till some other more convenient time.
On Wednesday the 9th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk, It is upon the question resolved, that Mr Comptroller, Mr Treasurer, Mr Recorder of London, Mr Serjeant Snagg, Mr Cromwell, Sir William Winter. Sir Henry Knyvett, Mr Thomas Knyvett, Mr Alford, Mr Drew, Mr Harris, Sir William Moore, Mr Morrice, Mr Sandes and Mr Sanders, be appointed Committees by this House to examine the state and circumstances of the said Returns, and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber. And also that Mr Watson Clerk of the Crown in the Chancery, and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly. And further, that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination; to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient.
This day report was made by Mr Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday, and that the Clerk of the Crown had brought before them as well the Writs as their Returns; upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County, the first dated the 15th day of September, the second dated the 11th day of October. The first appeared by the return to have been executed the 26th day of September, the second executed the 24th of October which was after the Parliament was to have had its beginning. By the first Writ Mr Thomas Farmer and Mr Gresham were returned to be chosen Knights; by the second Mr Christopher Heydon and the said Mr Gresham. That by the examination of the Clerk of the Crown it appeared unto them, that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15th day of October, when as the Parliament was to have had its beginning, and that with that Writ the Burgesses for the Boroughs of the County were also brought, which then notwithstanding he received not. That after about the 29th day of October both the said Writs were delivered unto him. It was further declared that the said Mr Heydon with his Council and the said Mr. Farmer in person, and also the Under-Sheriff had been before the Committees; that Mr. Gresham as being returned by both the Writs had not been before them; that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ: who then alledged two causes, the one that due Summons was not given to the Freeholders of the Shire, the other that Proclamation was not duly made. That thereupon they examined the Under-Sheriff, who in their presence affirmed, that the Writ was delivered to the High-Sheriff on the Saturday, which he received on the Sunday, the County day being on Monday following; On which day he was bound by Law to execute his Writs: by which means he had not leisure either to summon many, or any day left wherein he might by Proclamation notifie it in the Country. That on the said Monday between eight and nine of the Clock three solemn O yes were made, and the Queens Writ publickly read, and all Circumstances used which the Law required: wherein he was the more careful, for that it was commonly bruted, that there would be variance about the Election. That the Election was so expected in the Country, that by his Estimation there were three Thousand Persons at the same; And that Mr. Farmer had the Voices without denyal; that Mr. Justice Windham, Sir Thomas Knyvett, Sir Nicholas Bacon, Sir Henry Woodhouse and divers other Justices of the Peace, Esquires and Gentlemen of great calling, were at the Election, and gave their Assents to the same, and set their Hands and Seals to the Indenture. Upon consideration of the whole matter it appeared unto them, that the first Writ and Return were in matter and form perfect and duly executed; the second Writ they thought could not be available; besides that the precedent was perillous for the time to come, in respect that it appointed two others to be Chosen. The effect of the Writ besides not observed; for that Mr. Gresham one of the same was chosen by the first Writ. They further declared, that they understood that the Lord Chancellor and divers of the Judges having examined the matter, were of the same opinion. He declared further, that one of the Committees had moved, that two of the Committees might have been sent to understand of my Lord Chancellor what he had done in the matter, which the rest of the Committees thought not convenient, first in respect they were satisfied therein by divers of their Committees, and also for that they thought it prejudicial to the priviledge of the House to have the same determined by others than such as were Members thereof. And though they thought very reverently of the said Lord Chancellor and Judges, and thought them competent Judges in their places; yet in this case they took them not for Judges in Parliament in this House. And there upon required that, if it were so thought good to the House, Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of by force of the first Writ, as allowed by the censure of this House, and not as allowed of by the said Lord Chancellor and Judges. Which was agreed unto by the whole House, and ordered to be entred accordingly.
This Case before set down touching the Election of the Knights for the County of Norfolk, containeth in it many curious and very useful points. The Case was singly this:
The Sheriff of Norfolk receives a Writ touching the Election of two Knights for that County but two days before the next County-day, in which he is bound by Law to see it executed. By reason of this shortness of time he could neither summon many Freeholders, nor make due Proclamation in the County any one day before the said Election. The Sheriff notwithstanding on the said County-day proceeds to the Execution of the said Writ, and Mr. Farmer and Mr. Gresham are duly chosen according to all points and circumstances in such sike cafe required; there being not only a great appearance of Freeholders, but divers also of the eminentest Gentlemen of the said County, who after they had given their Voices to the said Election, did also set their Hands and Seals to the Indenture of the same in that case usual. After this a second and new Writ is delivered to the said Sheriff for a new Election to be made, which is in all points executed without any the least colour of misfesance, and by it Mr. Heydon, and Mr. Gresham (being one of the two first that had been before Elected) were chosen, and the Indenture of their said Election, together with the Writ, were delivered in unto the Clerk of the Crown, together with the Writ and Indenture of the former Election. After which the Lord Chancellor and the Judges meeting about it do resolve, That the first Writ was well executed, the first Election good, and the second absolutely void; and of this their resolution do give the House of Commons notice.
In which case these points following were resolved by the whole Body of the said House.
First, That the said first Writ was duly executed, and the Election good, and the second Election absolutely void.
Secondly, That it was a most perillous Precedent, that after two Knights of a County were duly Elected, any new Writ should issue out for a second Election without order of the House of Commons it self.
Thirdly, That the discussing and adjudging of this and such like differences, only belonged to the said House.
Fourthly, That though the Lord Chancellor and Judges were competent Judges in their proper Courts, yet they were not in Parliament.
Fifthly, That it should be entred in the very Journal-Book of the House, that the said first Election was approved to be good, and the said Knights then chosen, had been received and allowed as Members of the House, not out of any respect the said House had or gave to the Resolution of the Lord Chancellor and Judges therein passed, but meerly by reason of the resolution of the House it self, by which the said Election had been approved.
Sixthly and lastly, That there should no Message be sent to the Lord Chancellor, not so much as to know what he had done therein, because it was conceived to be a matter derogatory to the Power and Priviledge of the said House. Concerning all or the most of which particulars see more upon Friday the 11th day of this instant November ensuing.
Sir Christopher Hatton her Majesties Vicechamberlain (presently as it seemeth after the discussing of the former Election) fell upon the debating of the great Cause touching the Scottish Queen, and shewed, That the Committees of the Lords in the great Cause, and also the Committees of this House in the same Cause had Conference together yesterday in the Afternoon, and resolved upon a Petition unto her Majesty in the Name of both Houses to be exhibited, as afterwards it was on Saturday the 12th day of this instant November unto her Highness, by the Lord Chancellor in the Name of the Lords of the higher House, and by Mr. Speaker in the Name of this House, as the joynt Petition of both Houses for Proclamation and Execution of the Sentence of the Lords and others the late Commissions at Fotheringhay in the proceedings there against Mary called the Queen of Scots. And that because the said Committees of both Houses thought the said Petition would be too long if it should comprehend the whole course and manner of the said proceedings; yet they thought it necessary, that in both Houses the whole course of the same proceedings should be signified and read this present day, to the end each Member of both the said Houses might understand the whole matter and manner of the same course of proceedings to their full satisfactions. And that then afterwards also the same uniform Petition likewise be read in both the said Houses; with reservation nevertheless and liberty to both the same Houses, and to every Member of the same House, to shew and infer to the said Lord Chancellor for the Lords, and to Mr. Speaker for this House, any other reasons whatsoever (besides those contained in the said Petition) which they shall think meet to be remembred to her Majesty for the better furtherance of obtaining their humble Suit at her Majesties hands contained in the said Petition. And shewed further, That the said Committee of the Lords willed the said Committees of this House, that the Lords now sitting this Forenoon in the higher House, might hear from this House this Forenoon also of the liking or acceptation of this House in the said form and course of proceeding in the said Petition. Which thing himself after a long time spent in the reading of part of the said Record of the said proceeding in the said Commission at Fotheringhay, and foreseeing also that the finishing of the reading thereof, would require so much more time as was very like could not well be done before the Lords should rise; moved, That one or two of this House might in the mean time of reading the residue of the said Record of the said Course of proceedings, repair to their Lordships, and signifie unto them the same from this House, to know their Lordships pleasure for some other time for the Committees of this House to intimate unto their Lordships the good liking of this House conceived of the matter of the said Petition. And thereupon were appointed Mr Treasurer and Mr Vice-Chamberlain, who going then presently to the Lords, and returning again afterwards, Mr. Vice-Chamberlain shewed, that the Message they brought again from the Lords was very short, to wit, that their Lordships did appoint for that purpose to morrow in the Forenoon. And afterwards the same Record of the whole course of the said proceeding in the said Commission being read, and the said Petition then read also, Mr. Vice-Chamberlain moved that this House would be Suitors to the Lords to have the said Petition entred and inrol led in the said higher House, there to remain of Record as an Act. And thereupon it was upon the Question resolved by the whole House, That the said Request should be made to their Lordships in that behalf by the said Committees on the morrow, when they deliver unto their Lordships the full and whole good liking of this House had of the said Petition. Then Mr. Speaker moved, That for as much as by reason of the shortness of the said Petition he is appointed by this House to yield reasons unto her Majesty in such objections as should please her Highness to make touching the Contents of the said Petition, the House would deliver him in writing, for his better memory and the righter direction of their Service imposed upon him in that behalf, such reasons as they should think meet for him in their Names to remember unto her Majesty. And such objections as should please her Highness to make touching the Contents of the said Petition, the House would deliver him in writing, for his better memory and the righter direction of their Service imposed upon him in that behalf, such reasons as they should think meet for him in their Names to remember unto her Majesty. And thereupon it was ordered, That the said Committees of this House and every other Member of this House that would, should meet at two of the Clock in the Afternoon of the same day in the Exchequer-Chamber, and there shew and deliver such reasons inferring the necessity of the said Petition, or other matter tending to the safety and preservation of her Majesties most Royal Person, as to every or any Member of this House should seem meet and convenient. And upon another Motion of Mr. Speaker, that some of her Majesties Privy Council being of this House, might be requested by this House to make humble Suit to her Majesty for Access of some competent number of this House unto her Highness accordingly, It was prayed and agreed by the whole House, that Mr. Vice-Chamberlain do the same. And so then the House did rise, and adjourned the Court until the Friday next following, upon a former request then a little before made by Mr. Speaker for sparing his Service till then, in respect he might in the mean time the better bethink and prepare himself to attend upon her Highness in performance of their said Charge so as before imposed upon him.
On Friday the 11th day of November the Committees in the Bill for Orford-Haven (whose Names see before on Monday the 7th day of November) are appointed to meet this Afternoon at three of the Clock in the Middle Temple Hall.
Mr. Cromwell one of the Committees for the Examination of Writs and the Returns for the Knights of the County of Norfolk (which said Committees Names see on Friday the 4th day of November foregoing) maketh report, That yesterday eleven of them met, and upon view of the Dates of the same Writs and Returns, and upon Conference by them then also had with the Clerk of the Crown and Under-Sheriff of Norfolk touching the manner of executing of the same Writs and Returns, and hearing all such parties grieved, with their learned Councel, as repaired then to them for that purpose; they do find, that the first Writ and Return both in manner and form was perfect, and also duly executed, and the second Writ not so; and that besides it might also be a perillous Precedent for the time to come to the Liberty and Priviledge of this House, to admit or pass over any such Writ or Return in such manner and course as the said second Writ carrieth. And further declared, That they understood by the said Clerk of the Crown, that the Lord Chancellor had then lately commanded him to receive and accept the said first Writ and Return, by the which Mr. Farmer and Mr. Gresham were elected and returned, as the Writ rightly and duly executed, and did also understand by Mr. Recorder one of the said Committees, That Sir Edmund Anderson Lord Chief Justice of the Court of Common Pleas had also shewed him, that the said Lord Chancellor and the Judges had resolved, That the said first Writ should be returned as that which was in all parts duly and rightly executed, and not the second. And shewed further, That one of the Committees assenting with the residue in opinion of validity of the said first Writ and Return, and of the invalidity of the said second, and also in resolution that the explanation and ordering of the Case as it standeth, appertaineth only to the Censure of this House, moved notwithstanding in the Committee, That two of the Committees might be sent to the said Lord Chancellor to understand what his Lordship had done in the matter; which the residue thought not convenient, first, for that they were sufficiently satisfied therein by divers of themselves, but principally in respect they thought it very prejudicial and injurious to the Priviledge and Liberties of this House, to have the said Cause decided or dealt in in any sort by any others than only by such as are Members of this House: and that albeit they thought very reverently (as becometh them) of the said Lord Chancellor and Judges, and know them to be competent Judges in their places; yet in this case they took them not for Judges in Parliament in this House: and so further required, that (if it were so thought good) Mr. Farmer and Mr. Gresham might take their Oaths, and be allowed of and received into this House by force of the said first Writ; as so allowed and admitted only by the censure of this House, and not as allowed of by the said Lord Chancellor or Judges. Which was agreed unto accordingly by the whole House, and so Ordered also to be set down and Entred by the Clerk.
Mr. Treasurer one of the said Committees in the said Examination sheweth for his part his privity and assent unto the whole recited course of proceeding in the said Committee as it hath been declared by Mr. Cromwell; and that before himself, the said Mr. Farmer hath already pronounced and taken his Oath. Shewing further withal that in the Committee he moved that some might be sent to the Lord Chancellor to know what his Lordship had done in the matter, which he then thought, and yet still doth think necessary to have been done, as one of the circumstances of the said examinations, and not for want of any satisfaction otherwise, but only in respect of the orderly proceeding in the Commission unto them by this House, tending to circumstances of the matter, of which he thinketh one to have been to send as aforesaid unto the said Lord Chancellor, though they were resolved by themselves amongst themselves before.
Mr. Recorder of London making a large and plentiful discourse of the ancient priviledges and liberties of this House, furnished with recital of sundry Precedents and examples, and lastly coming down to the matter in hand, sheweth, that Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas told him this morning, that the said Lord Chancellor and the Judges had resolved, that the said first Writ ought to be returned, and had so given order to the Sheriff and Clerk of the Crown; And that he thereupon answered the said Sir Edmund Anderson again, that the censure thereof belonged unto this House and not unto them, and that he for his part would take no notice thereof at their hands of their so doing, but only by way of instructions and not otherwise. And so concluded with the allowance of the good course and order of this House in setting down and entring the said Judgement accordingly as before.
Mr. Vice-Chamberlain shewed unto the House, that according to their appointment he hath been an humble suitor unto her Majesty on the behalf of this House for access there to be had unto her Highness, to exhibit their Petition unto her Majesty; And that her Majesty thereupon hath very Graciously granted to hear them at the Court upon to morrow next between one and two of the Clock in the Afternoon: signifying also unto them further, that her Majesty having heard that the Lords do appoint them twenty of themselves of the Higher House to attend her Majesty also for the same purpose; so her Highness thinketh meet that forty of this House were likewise appointed for this House, which She thinketh to be a sufficient number; but is nevertheless well pleased if the House shall think good, to send a more or greater Number at their discretions, but leaveth the same to their own considerations.
Which her Majesties most Gracious Favour, as the whole House did take it in most joyful and dutiful part; So did they then desire the said Mr. Vice-Chamberlain, that he would in the name of this whole House present unto her Majesty their most humble and dutiful thanks for the same her Highnesses most gracious clemency and great loving kindness towards them. Which so to do, the said Mr. Vice-Chamberlain told them he purposed (God willing) in the Afternoon of this present day.
And these were appointed by this House to attend upon her Majesty to morrow at the Court, as many of the former Committees as would (whose names see at large on Friday the 4th day of this instant November foregoing) and also Sir Henry Barkeley, Sir William Moham, Sir Edward Dymocke, Sir Thomas Jones, Sir Henry Bagnell, Sir Andrew Nevill, Sir Henry Knyvet, Mr. Farmer, Sir Edward Osborne, Mr. Henry Bromley, Mr. Ralph Horsey, Mr. James Croft, and Mr. Tasborough then added unto them; which done, upon a Motion, that for as much as the Knights for the County of Norfolk, and the Burgesses for all the Boroughs within the same County (saving only the Citizens for the City of Norwich) were returned and certified into this House this present day, and not before, the Petition might therefore be read again in this House in the presence of the same Knights and Burgesses, to the intent that they being made privy thereof, might also yield their Assents to the same Petition; whereby, the rather, the same being for a matter of so great moment, might in very deed be the Action of the whole House then being possessed and consisting of all the Members thereof; the same Petition was read by the Clerk, and well liked of, agreed unto and allowed by the voices of the said Knights and Burgesses upon the question thereof unto them made in that behalf by Mr. Speaker.
And afterwards Mr. Vice-Chamberlain made a motion, that Mr. Speaker be put in remembrance by this House, besides the residue of his reasons to be shewed to her Majesty for maintenance of the parts of the said Petition, to urge (if need be) to her Majesty the matter and necessity of the late Instruments of Association, respecting especially the Consciences of a great number of her Highnesses good and Loyal subjects, which cannot be dispensed with by Laws; whereupon request was so made by the House to Mr. Speaker accordingly.
Mr. Treasurer shewed, that yesterday he and others of the Committees in the great Cause presented unto the Lords in the Upper House the Request of this House unto their Lordships to have the said Petition entred and recorded in the Upper House, there to remain as an Act. Whereunto their Lordships assented, and willed that the same might first be ingrossed in Parchment, and so delivered to their Lordships this present Forenoon; shewing further, That the Clerk of this House then had the same already ingrossed and exact accordingly, but that the same could not that day be sent to their Lordships, for that their Lordships did not sit this Forenoon, and therefore he said it must be delivered at some other time. And so then the House did rise, and this Court was adjourned till Monday next following.
Memorandum, That in the Afternoon of this present day the said Petition ingrossed was delivered into the hands of the Lord Chancellor by the Appointment of Mr. Speaker, and so left with his Lordship.
The Petition against the Scottish Queen presented unto her Majesty, Nov. 12.
On Saturday the 12th day of November (although the House of Commons sate not any part of the day in their proper place) yet in the Afternoon according to her Majesties direction sent unto the House yesterday by Sir Christopher Hatton her Vice-Chamberlain, John Puckering Serjeant at Law their Speaker, with all the Privy Council and divers other Members of the said House (whose Names see before on Friday the 4th day, and on Friday the 11th day of this instant November last past) repaired to her Majesty unto the Court, there to joyn with Sir Thomas Bromley Lord Chancellor and twenty Temporal Lords of the Upper House in presenting a certain Petition (which had been agreed upon by both Houses) unto her Highness for the speedy Execution of Mary late Queen of Scots, according to that just Sentence which had been pronounced against her.
And to move her Majesty thereunto, the said Speaker of the House of Commons did use many excellent and solid reasons, which were all found in a certain Memorial written with his own hand, being as followeth.
Unless Execution of this just Sentence be done,
1. Your Majesties Person cannot any while be safe.
2. The Religion cannot long continue amongst us.
3. The most flourishing present State of this Realm must shortly receive a woful Fall.
4. And consequently in sparing her your Majesty shall not only give courage and hardiness to the Enemies of God, of your Majesties self, and of your Kingdom; but shall discomfort and daunt with despair the hearts of your loving People, and so deservedly provoke the heavy hand and wrath of God.
And that summarily for the reasons ensuing: First, forasmuch as concerns the danger of your Majesty:
Both she and her Favourers think that she hath right, not to succeed, but to enjoy your Crown in possession; and therefore as she is a most impatient Competitor (acquainted with blood) so will she not spare any means that may take you from us, being the only Lett that she enjoyeth not her desire.
She is hardned in malice against your Royal Person, notwithstanding that you have done her all favour, mercy, and kindness, as well in preserving her Kingdom, as saving her Life and Honour.
And therefore there is no place for mercy, where there is no hope of amendment, or that she will desist from most wicked Attempts.
The rather, for that her malice appeareth such, as that she maketh as it were her Testament of the same to be executed after her death, and appointeth her Executors to perform the same.
She affirmeth it lawful to move Invasion: therefore as of Invasion Victory may ensue, and of Victory the death of the vanquished; so doth she not obscurely prosess it lawful to destroy you.
She holds it not only lawful, but honourable also and meritorious, to take your life, &c. being deprived of your Crown by her holy Father; and therefore she will (as she hath continually done) seek it by all means whatsoever.
She is greedy of your death, and preferreth it before her own life; for in her late direction to some of her Complices she willed, whatsoever became of her, the Tragical Execution should be performed on you.
There is by so much the more danger to your Person since the Sentence than before, by how much it behoveth them that would preserve her or advance her, to hasten your death now or never, before Execution done upon her; as knowing, that you and none else can give direction for her death: and that by your death the Sentence hath lost the force of Execution, and otherwise they should come too late, if they take not the present opportunity to help her.
Her Friends hold Invasion unprofitable while you live, and therefore in their opinion your death is first and principally to be sought, as the most compendious way to ruine the Realm by Invasion.
Some of the eldest and wisest Papists set it down for a special good drist to occupy you with conceit, that the preservation of her Life is the safety of your own; and therefore you may be assured that they verily think that her life will be your death and destruction.
Secondly, Forasmuch as concerns Religion:
It is most perillous to spare her that hath continually breathed the overthrow and suppression of the same, being poysoned with Popery from her tender Youth, and at her Age joyning in that false termed Holy League, and ever since and now a professed Enemy of the Truth.
She resteth wholly upon Popish hopes to be delivered and advanced, and is so devoted and doted in that profession, that she will (as well for satisfaction of others, as feeding her own humor) supplant the Gospel where and whensoever she may. Which evil is so much the greater and the more to be avoided, as that it slayeth the Soul, and will spread it self not only over England and Scotland, but also into all parts beyond the Seas where the Gospel of God is maintained; the which cannot but be exceedingly weakened if defection should be in these two most valiant Kingdoms.
Thirdly, For as much as concerns the happy Estate of this Realm: The Lydians say, Unum Regem agnoscunt Lydii, duos autem tolerare non possunt: So we say, Unam Reginam Elizabetham agnoscunt Angli, duas autem tolerare non possunt. And therefore since she saith that she is Queen here, and we neither can nor will acknowledge any other but you to be our Queen: It will follow, if she prevail, she will rather make us slaves than take us for Children; and therefore the Realm sigheth and groaneth under fear of such a Step-Mother.
She hath already provided us a Foster-Father and a Nurse, the Pope and the King of Spain, into whose hands if it should mis-happen us to fall, what can we else look for but ruine destruction and utter extirpation of goods, lands, lives, honour and all?
Whilst she shall live the enemies of the State will hope and gape after your death. By your death they trust to make Invasion profitable for them, which cannot be but the same should be most lamentable for us: and therefore it is meet to cut off the head of that hope.
As she hath already by her poysoned baits brought to destruction more Noble men and their Houses, and a great multitude of Subjects during her being here, than she would have done if she had been in possession of her own Country and armed in the field against us; so will she still be continually cause of the like spoil to the greater loss and peril of this Estate: and therefore this Realm neither can or may endure her.
Her Sectaries do write and print, that we be at our wits end, worlds end, if she over-live your Majesty; (meaning thereby that the end of our world is the beginning of theirs: and therefore take her away, and their world will be at an end before it begin.
Since the sparing of her in the 14th year of your Reign, Popish Traytors and Recusants have multiplied exceedingly; And if you spare her now again they will grow both innumerable and invincible also.
And therefore now in the 4th place:
Mercy in this case would in the end prove cruelty against us all; Nam est quædam crudelis misericordia. And therefore to spare her is to spill us.
She is only a Cousin to you in a remote degree, but we be Sons and Children of this land, whereof you be not only the natural Mother, but also the Wedded Spouse. And therefore much more is due from you to us all than to her alone.
It would exceedingly grieve and wound the hearts of your loving Subjects if they should see so horrible Vice not condignly punished; if any be wavering, it will win them to the worser part, and many will seek to make their own peace. Wherefore as well for the comfort of the one as stay of the other, and retaining of all, It is most needful that Justice be done upon her.
Thousands of your loving Subjects of all degrees, which have for special zeal of your safety made Oath before God to pursue to death by all forcible and possible means such as she is by just sentence found to be, cannot save their Oaths if you keep her alive: for then either we must take her life from her without direction, which will be to our extream danger by the offence of your Law; or else we must suffer her to live against our express Oath, which will be to the uttermost peril of our own Souls, wherewith no Act of Parliament nor power of man whatsoever can in any wise dispense. And therefore seeing it resteth wholly in you by a most worthy and just execution of this sentence to keep us upright, and free us in both, we most humbly and earnestly beseech you, &c. that speedy Justice be done upon her, whereby your self may be safe, the state of your Realm preserved, and we not only delivered from this trouble of conscience, but also re-comforted to endeavour our selves and all ours into whatsover other peril for the preservation and safety of you.
Lastly, Gods vengeance against Saul for sparing Agag, against Ahab for sparing the life of Benhadad is apparent; for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain to death by them, as by the Ministers of his eternal and divine Justice.
How much those Magistrates were commended that put to death those mischievous and wicked Queens Jezebel and Athaliah!
How wisely proceeded Solomon to punishment in putting to death his own natural and elder Brother Adonias for the only intention of a marriage, which gave suspicion of Treason! whereas there is no more desired of your Majesty, than the very Pope (now your sworn Enemy,) some of these late Conspirators and this wicked Lady her self have thought fit to fall on her.
He in like case gave sentence, vita Conradini, mors Carolo; Mors Conradini, vita Carolo. They in their best minds and remorse of Conscience setting down the best means of your safety said, He that hath no Arms cannot fight, and he that hath no Legs cannot run away, but he that hath no head can do no harm. Pisces primùm à Capite fætent. She by her voluntary subscribing to the late Association &c. gave this sentence against her self.
And after in her Letters of these Treasons to Babington wrote, that if she were discovered, it would give sufficient cause to you to keep her in continual close Prison. By which words she could mean nothing else but pains of death.
Therefore we seeing on the one side how you have, to the offence of mighty Princes, advanced Religion, with what tender care, and more than motherly Piety you have always cherished us the Children of this Land, with what Honour and Renown you have restored the ancient Rights of the Crown, with what Peace and Justice you have governed, and with what store and plenty you have raigned over us:
On the other side seeing that this Enemy of our Felicity seeks to undermine the Religion, &c. to supplant us, and plant Strangers in the place, to transfer the Rights of the Crown to that Italian Priest, and the Crown to her self, or some other from you, and therefore lyeth in continual wait to take your life, &c.
Therefore we pray you, &c. for the Cause of God, his Church, this Realm, our selves, and your self, That you will no longer be careless of your life, our Soveraign safety, nor longer suffer Religion to be threatned, the Realm to stand in danger, nor us to dwell in fear; but as Justice hath given rightful Sentence, &c. so you will grant Execution. That as her life threatneth your death, so her death may by Gods favour prolong your life; and that this evil being taken away from the Earth, we may praise God fo. our deliverance, and pray. him for our continuance. And with the Psalmist say, Dominus fecit Judicium, and the ungodly is trapped in the works of her own hand.
And so pray God to incline her heart to our just desires, &c.
Which short Note seemeth to be thus imperfectly set down by the said Speaker, only to put him in mind to end and shut up his Speech with some short Prayer to the said purpose.
Nota, That all the several passages of this Saturday are supplied out of a very authentick Copy which I had, containing the said reasons delivered by the said Speaker, and partly out of the Original Journal-Book of the Upper House, being wholly omitted in that of the House of Commons, as is also her Majesties Answer, which because it is printed at large by Mr. Cambden (in Annal. Regin. Eliz. edit. Lugd. Batav. Anno Dom. 1625. pag. 466, 467, & 468.) and elsewhere, it would be needless to insert it here or any part thereof; and the rather, because some heads thereof are shortly remembred on Monday next following.
On Monday the 14th day of November Mr. Speaker made report to the House of his Message done from this House to her Majesty, (which see on Saturday last foregoing) and also of her Majesties most grateful acceptation of the same, and of her Highnesses Answer thereunto: but what her Majesties said Answer was, is wholly omitted in the Original Journal-Book of the House of Commons, although Mr. Fulk Onslow, at this time Clerk thereof, had left the entire 187. leaf of the said Journal, a blank for the entring or inserting of it. Yet it will not be amiss, although the said Answer be extant in print, as is abovesaid, briefly to touch the heads thereof. Which were, her Majesties thankful acknowledgment for her many miraculous preservations; that she was most grieved that so near a Kinswoman as the Queen of Scots had conspired to take away her life. That the Law lately made (which seemeth to have been that for the preservation of her Majesties person passed the last Parliament) was not enacted to intrap the said Queen (as some had pretended) but only to deter her from such wicked practices. That her Tryal had been just and honourable. And lastly, that she thanked them for their care of her safety, and desired them a while to expect her further and final Answer.
Mr. Vice-Chamberlain affirming the Report of Mr. Speaker to be very true in all the parts of the same, and well and faithfully delivered by him to this House, and very much also commending his delivery of the Message of this House to her Majesty upon Saturday last at the Court, in such dutiful and due sort as all this whole House had (he said) very good cause to yield him very hearty thanks for the same, and therefore required them so to do; which they so then did in very loving and courteous sort. And he further shewed, That he had something more to add to the said Speech reported by Mr. Speaker, not of any thing delivered unto him upon Saturday by her Majesty, but of something then omitted and forgotten by her Majesty, albeit both before purposed by her Highness, and then and yet still intended to be signified unto this House, and which he himself that morning was commanded by her Majesty to signifie unto them: which was, That her Highness, moved with some commiseration towards the Scottish Queen in respect of her former Dignity and great Fortunes in her younger years, her nearness of Kindred to her Majesty, and also of her Sex, could be pleased to forbear the taking of her Blood, if by any other means to be devised by her Highnesses great Council of this Realm, the safety of her Majesties own Person and of the State might be preserved and continued without peril or danger of ruine and destruction, and else not: therein leaving them all nevertheless to their own free liberty and dispositions of proceeding otherwise at their choices. For as her Majesty would willingly hearken to the device and reasons of any particular Member of this House; so Mr. ViceChamberlain shewed they may exhibit their conceits in that case either to any of the Privy Council, being of this House, or else to Mr. Speaker, to be further signified over to her Highness accordingly.
Nota, That Mr. Cambden hath delivered and set down in his Annals of Queen Elizabeth, pag. 408. two mistakes: The first, that this Message was sent twelve days after the access which the two Houses had unto her Majesty on Saturday foregoing, as is aforesaid; whereas it is plain that this Message was sent to both the Houses upon the second day after, being this instant Monday, as appears by the Original JournalBook of both the Houses before mentioned. His second errour is, in respect that he said that the said Message was delivered by Puckering the Speaker of the said House of Commons, whereas her Majesty sent it by Sir Christopher Hatton her Vice-Chamberlain, and he accordingly did relate the same unto the House, as appears in his Speech immediately foregoing. All which I have the rather observed and set down thus at large, that so the excellent use of these Journals of Parliament may appear, not only in respect of the Orders and Priviledges of the said Two Houses, but also in respect of the true discovery of the very History of this Realm.
Mr. Vice-Chamberlain continuing his former Speech at this time, did further put the House in remembrance, that as at the beginning of this present Parliament the Lord Chancellor signified unto this House by her Majesties express Commandment, that no Laws at all should be made in this Parliament; so her Highness purposing not to be present to give her Royal Assent to any Laws, this House should not need (he said) to be troubled with going about to make or enact any Laws now at all: and therefore wisheth that this Court may be adjourned till Friday next; at which day (he said) it may be this House will hear her Majesties further pleasure in Answer to the said Petition, for that her Highness had not as yet read or perused the same. And so thereupon this Court was then adjourned till Friday next accordingly.
On Friday the 18th day of November after sundry grave Speeches, sound Arguments, and forcible Reasons made by Sir Edward Dymock, Sir Thomas Scot, Mr. Woodward, Mr. Edward Sanders, Mr. Dalton, Mr. Chancellor of the Exchequer, and Mr. Vice-Chamberlain concerning the Message delivered by the said Mr. Vice-Chamberlain upon Monday last from her Majesty, for Consultation to be had for some other means of course, if it might be, for the establishing and preservation of the true Religion, of her Majesties most Royal Person, and the good and peaceable estate of this Realm, than by the taking away of the Life of the Queen of Scots. And each of them resolutely concluding, that no other device, way, or means whatsoever could or can possibly be found or imagined, that such safety can in any wise at all be had so long as the said Queen of Scots doth or shall live, they do withal very earnestly move and perswade the prosecution of the said Petition lately delivered jointly by the Lords and this House to her Majesty for the necessity of the speedy executing of the said Queen of Scots, as the one and only mean (as far as mans reason can reach) to provide for the safety of the continuance of true Religion, of her Majesties most Royal Person, and of the peaceable estate of this Realm, from the manifest and imminent danger of utter subversion, destruction and desolation. And Mr. Vice-Chamberlain gathering partly by some of the said Speeches preceding, that some of this House seemed to conceive of the said Message by him delivered to this House from her Majesty on Monday last touching the said Consultation to be had, as a peremptory Proposition unto them to exclude them from all other courses of proceeding, shewed unto them again, as he did before, that her Majesty commanded that Message to be propounded unto them for consultation only, and not for direction, leaving nevertheless every Member of this House to their own free liberty and dispositions of proceeding touching the said matter; and so yielding his full opinion and ready consent with the residue for the continuance of the prosecution of the said Petition unto her Majesty in most humble and dutiful sort, as the only necessary resolution of this whole House to rely upon in that behalf.
And shewing further, That upon Tuesday last the like Message was done by her Majesties like Commandment to the Lords of the higher House, moved, That as in all the former proceedings of this House in the great matter and business touching the Scottish Queen, the said House had always been Suitors unto their Lordships to join with them therein; so now that the same motion might be again made unto their Lordships to join with them in this part also. And for that it is very meet and convenient, that Answer be made to her Majesty of the said Message, this House would, as in the beginning of the said former proceedings, appoint a convenient Committee of this House to confer of the manner and substance of the said Answer, and then after the report thereof made to this House, to make suit unto the Lords for Conference with their Lordships touching the resolution of this House. Which motion being well liked of by this House, It was upon the Question resolved, That such a Committee should be had accordingly. And further ordered, That all the former Committees in the said great Cause, and also all those others which had spoken this present day, to wit, Mr. Woodward and Mr. Edmund Sanders, and also Sir George Cary be likewise added unto them, and that they meet to morrow at nine of the Clock in the Forenoon in the Exchequer-Chamber, and as many else of this House besides as please to come thither to them. Which done, this Court was then adjourned till Monday next, for that the Lords did not sit this present day, and this House then had nothing to deal with till the said Committees shall first have had Conference with their Lordships.
Sir John Higham one of the Committees in the Bill for Orford-Haven, doth at the rising of the House make report of the travail of himself and the residue of the Committees therein, and so delivereth in both the old Bill and also a new Bill.
On Monday the 21th day of November (to which day the Parliament had been on Friday the 18th day of the said Month foregoing last adjourned) Mr Markham a Burgess for the Borough of Grantham in the County of Lincoln, shewed on the behalf of the Inhabitants of the said Borough, that Mr Arthur Hall having been in some former Parliaments returned a Burgess for the said Borough, and in some of the same Parliaments for certain causes the House then moving, disabled for ever afterwards to be any Member of this House at all, hath of late brought a Writ against the Inhabitants of the said Borough for his wages (amongst other times) in attendance at the late Session of Parliament holden at Westminster in the 27th year of her Highnesses Raign; during which time, as also a great part of some other of the said former Parliaments he did not serve in the said House, but was for some causes as aforesaid disabled to be any Member of this House, and was also then committed Prisoner to the Tower of London. And so prayeth the advice and order of this Honourable House therein, unto the censure and order whereof the said Inhabitants do in most humble and dutiful wise submit themselves. And so shewed the said Writ, which was then read by the Clerk. After the reading whereof, and some speeches had touching the former proceedings in this House against the said Mr Hall, as well in disabling him to be any more a Member of this House, as also touching his said imprisonment, the matter was referred to further consideration after search of the Precedents and Entries of this House heretofore had and made in the course of the said cause. Vide diem Veneris 2um diem Decembris, & diem Mercurii 22um diem Martii postea.
Mr Treasurer shewed that the Committees in the Cause for Conference to be had touching the answer to be made by this House to the Message lately delivered from her Majesty, did meet according to the Commission of this House, and after long and much debating, and many great arguments, it appeared very evidently by most strong reason, that no other way whatsoever can be taken for the safety and continuance of true Religion, of her Majesties most Royal Person, and of the peaceable Estate of this Realm, but only by Justice to be done upon the Queen of Scots according to her demerits. Which Justice as her Majesty ought of duty to cause to be done, so they resolved utterly to insist upon the prosecution of the former Petition unto her Highness, as the one only way and none other to be performed in the said Cause. And so left to some other of the said Committees the more particular discourses of their said Conferences. Whereupon Mr Vice-Chamberlain very excellently, plainly and aptly shewed the manner of their Treaty in the said Conference, and of the Reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said Queen of Scots, as neither by likelihood of reformation in her Person, hope of strait guarding or keeping of her, or of any caution of hostages to be taken for her; reciting and applying most apt and invincible reasons in the several proofs thereof; and so concluding his own opinion also only to be such and none other, wished that if any member of the House could conceive or shew any other course or device tending to the purport of the said Message, than hath been erst now remembred or in the said Committee offered, he would shew the same. And if not, that then Mr Speaker would move the question for the consent of the whole House to the continuance of prosecuting that said Petition together with the said Committees. Whereupon after some little pause and none offering any speech to other end, Mr Speaker moving the question to the House, it was resolved by the whole House, to insist only upon the said Petition accordingly. And also after sundry other speeches had tending all to the same resolution, and some of them urging the remembrance, purpose and present consideration of the former Association, it was ordered that to morrow when the Lords do sit in the Upper House the former Committees of this House (Mr Robert Cecill being now added unto them) do repair unto their Lordships for Conference with their Lordships touching the said resolution of this House in answer to her Majesties said Message. And also with request to their Lordships to give Licence unto this House to join with their Lordships in the said Answer to her Majesty, if it so please them.
Mr Comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said Petition only, and of none other course at all, as well in his former delivery thereof upon treaty of the said cause, as now at this present, declared further, That he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this House rather of ignorance in them (he thinketh) than of any evil disposition and purpose; and so affirming earnest and devout prayer to God to incline her Majesties heart to the Petition of this House as a thing much importing, he moveth that some apt and special course of prayer to that end might be devised and set down by some of this House, and be not only exercised here in thus House every day, but also by all the members of this House elsewhere abroad, and also privately in their Chambers and Lodgings.
Mr Treasurer liking well the motion and good meaning of Mr Comptroller touching Prayer to be exercised as before, shewed that fit Prayers for that purpose and extant in print are already used in this House, and so may also be by the Members of the same privately by themselves, and doth willingly with the same might be so executed accordingly.
Sir John Higham assenting very readily to the continuation of pursuing the said Petition, urged further very zealously and earnestly the burthen of the Oath of Association; and so thereby amongst other things of great and necessary consideration and importance, prayeth her Majesty may be solicited to the speedy execution of Justice upon the person of the Queen of Scots.
Mr. Recorder bending many Speeches, and reciting many Precedents of Petitions in former times granted by sundry of her Majesties most noble Progenitors Kings of England to the Subjects of this Realm at the humble Suits and Petitions of the Speaker and Commons of the Lower House, which the Lords of the Upper House in those days could not obtain at their hands; doth not only perswade very earnestly the said insisting of this House upon the said Petition, but also undoubted assuredness of her Majesties granting and performing of the same, as a thing answerable both unto her Highness most merciful, loving and tender care over her good Subjects, as also to the very necessity of the case.
Mr. Cope moved, that Mr. Speaker might put it to the Question for the resolution of this House touching the prosecution of the said Petition with all good and fit speed.
Mr. Chancellor of the Exchequer putting the House in remembrance of their resolution therein given already even now at this very instant Court upon the Question then propounded by Mr. Speaker, moved the going forward with the Committee for Conference, to the end that with better expedition upon report of the same Conference to be made to morrow to this House, and then the Resolution thereupon to be signified unto the Lords and their favours prayed for joining further with this House, the Cause may receive such speedy good course of further proceeding to end and execution as shall best appertain.
On Tuesday the 22d day of November Mr Treasurer and sundry others of the Committees returning from the Lords shew, they have had Conference with their Lordships, and that their Lordships wholly and only insisting upon the said Petition, like as this House also doth, do purpose this Afternoon to send two Lords, to wit the Lord Admiral and the Lord Cobham, to be Suiters for that House for access unto her Majesty for delivering their Lordships answer to the said Message; and so moved likewise, that Two of this House of the Privy Council, or such other as this House shall appoint, may also on the behalf of this House be Suiters unto her Majesty for like access in the same matter also. And thereupon were named for that purpose Mr Vice-Chamberlain and Mr Secretary Wolley.
Mr Vice-Chamberlain shewed further, that the Lords did prepare against the time of their access to be obtained of her Majesty, to be furnished with sufficient matter to answer unto any reasons happily to be objected unto them by her Highness at the time of their said answer to be made to her Majesty touching the said Message, and not to propound any such at all but only by way of answer, if it fall out that it please her Highness so to object and else not. And so moved the like care by consideration to be also had by this House, and the same reasons to be such also (as near as may be) as were not lately delivered unto her Majesty by Mr Speaker; for the avoiding of which iterations on the one side, and readiness of preparation to her Highness objections (if any happen) on the other side, he thinketh good that a Committee of this House were presently named for that purpose, and that Mr Speaker also be with them at their meeting; whereby he may advertise them (as occasion shall serve) of such reasons as he had before inferred to her Majesty at the time of exhibiting the said Petition. Whereupon it was ordered, that all the former Committees in the great Cause, with Mr Doctor Lewen now added unto them, do meet at two of the Clock this Afternoon in the Exchequer Chamber, and that Mr Speaker be then there also.
Mr Vice-Chamberlain shewed that he cannot be with them at the Committee, neither yet at this House before to Morrow at ten of the Clock at the soonest, but of necessity must both attend her Majesties good pleasure for answer, and also lodge at the Court all night.
On Wednesday the 23d day of November Mr Speaker shewed the travail of the Committees in their meeting yesterday, and also their appointment then of further meeting again this Forenoon, and of their conference at both times; in which (he said) were brought very many and sound reasons touching the matter in consultation to very great depth by sundry there present, delivered by some in speech, and by some other in writing; which as they were very many and hard to be all carried in memory, and withal sundry of the most principal and effectual of them uttered by Mr Sollicitor; so had he entreated Mr Sollicitor to take pains to abridge a summary note of the said most principal reasons: which having been done so by him and also delivered to Mr Speaker, he offered the same to the House to be read.
Mr. Sollicitor taking the said Note into his hand shewed, that his meaning was to make the said Note only for a Memorial unto Mr. Speaker for himself, and not at all to be read to the House. And because the said Note is not in any part so fully and plainly set down, as by the reading thereof the House might so well conceive the effects of the said reasons as were requisite, himself therefore would, if it pleased them, shew unto them the substance of the said Note, as himself for his own opinion conceived of the said reasons. And so holding the said Note in his hand, and discoursing the several particularities contained in the said Note, proveth by invincible reasons, that neither by expectation of reformation in the disposition of the Scottish Lady (if the Queens Majesty should spare her life) nor yet by safer or stronger guarding of her Person, nor by her promise upon word or Oath, nor by the Hostages of other Princes her Allies, nor by her Banishment, nor by the revocation of the Bull of Pope Pius Quintus, nor yet by the bonds or word of a Prince, or of any or all the Princes her Allies, nor by any other way or means whatsoever, other than only by the speedy Execution to death of the said Scottish Queen, the safety or continuance of the true Religion, of the most Royal Person of the Queens Majesty, and of the peaceable state of this Realm can in any wife be provided for and established. And so concluding, relied only upon the humble continuation of the Suit of this said House unto her Majesty in the said Petition.
Mr. Thomas Knyvet shewing, that as Liberty was given to the Members of this House to deliver their conceits touching the matter presently in Consultation either in Speech or in Writing at their choices; so he for his part offered the same in writing, and prayeth the same may be read.
Mr. Vice-Chamberlain saith he thinketh Mr. Kuyvet did mistake it, for that such Notes in writing were appointed to have been offered in the Committee, not in the House; and shewed further, That he and Mr. Secretary Wolley having according to the appointment of this House attended her Majesties pleasure for access for answer; and that her Highness is well pleased that for the time of their access, the same be to morrow next being Thursday, betwixt one and two of the Clock in the Afternoon at the Court, and for the number to be such, and of such persons as this House shall think good, the Speaker, if they will, and the Committees, yea and as many else of the House also as please. And shewed further, That they thought good in duty to make her Majesty acquainted with the great care and travail of this House in their diligent and dutiful proceeding to the satisfaction of her Majesty in the matter of the Message delivered unto them from her Highness. Which their exceeding great and especial care therein as her Majesty doth very well like of, and take and accept in most gracious and loving part; so did her Highness command him to signisie unto this whole House her Majesties most hearty thanks for the same, reposing (next under God) her own safety to be greater in the dutiful love and obedience of so faithful and loving Subjects (an inestimable blessing of God unto her Majesty) than in their riches, abilities and forces; rehearsing this Sentence, fide quàm ferro tutiùs regnant Reges. He also said, that for matter of other affair not of this House, he had cause even now very lately to be with the Lords, and perceived by some of them that the Lord Chancellor also to Morrow did repair to the Court with twenty others of the Lords at the least; And therefore it were very necessary also that Mr Speaker also did in like sort go with these of this House. And further moved, that Mr Speaker might be furnished with sufficient reasons to be by himself propounded unto her Majesty in the name of this House for her satisfaction in Answer to the said Message, and so not to expect reasons to be objected unto him by her Highness; for that (he said) he knew very well her Majesty looked for these reasons of satisfaction at their hands, by way of propounding and not only by way of Answering. Whereupon the House did then rise, and this Court was Adjourned till Friday next in the Forenoon.
On Friday the 25th day of November Mr Grice hearing it reported (as he shewed) that the French Embassadour lately arrived, is appointed to have access unto her Majesty to Morrow at the Court, and fully perswading himself for his part that the said Embassadour cometh not for any good either to her Majesty or to the Realm; and knowing that their manner is in such Cases to be attended for the most part with a Company of Rascals and basest sort of People of their Nation, and all the rabble of them accustomed to thrust into the presence of the Prince with their Master, moved, That for the better safety of her Majesties most Royal Person from peril of any desperate attempt of any of the said French, it would please those of this House of her Highness Privy Council to procure that the said Embassador might both be heard and also receive his answer at the hands of her Majesties Council, and in no wise to have access unto her Highnesses Person.
Mr Vice-Chamberlain shewed that at the last conference of the Committees of this House with the Lords, this matter was remembred and considered of amongst them; And that the Lord Chamberlain and others at the Court about her Majesty were already appointed to take order for it accordingly.
Mr Serjeant Gawdie and Mr Attorney General do bring word from the Lords, That where their Lordships according to some former direction had purposed presently to have sent for this House to have attended their Lordships for Prorogation of this present Parliament, their Lordships being set, had sithence received Letters of her Majesty, by which her Highness signified her pleasure to have the same Parliament yet continued two or three days longer for certain weighty considerations moving her Majesty thereunto, whereof their Lordships commanded them to advertise this House; and further to signifie unto this House, that their Lordships had thereupon Adjourned the said Parliament in their House until Friday next: and so then the said Mr Serjeant Gawdie and Mr Attorney departed. Which Message being afterwards declared unto this House by Mr Speaker, this Court was also adjourned until Friday next in like manner.
On Friday the 2d day of December, upon a motion this day renewed on the behalf of the Inhabitants of the Borough of Grantham in the County of Lincolne, touching a Writ brought against them by Arthur Hall Esquire, whereby he demandeth wages of the said Inhabitants for his service done for them in attendance at sundry Parliaments, being Elected and returned one of the Burgesses of the said Borough in the same Parliaments; for as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House; and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Borough, and in some other also hath not given any attendance in Parliament at all; It is ordered that the examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Knight, one of her Majesties most Honourable Privy Council, Chancellor of her Highnesses Court of Exchequer, Sir Ralph Sadler Knight, one other of her Majesties most Honourable Privy Council and Chancellor of her Highnesses Dutchy of Lancaster, Thomas Cromwell, Robart Markham and Robert Wroth, Esquires; to the end that after due examination thereof by them had, if it shall so seem good to them) they do thereupon move the Lord Chancellor on the behalf of this House, to stay the granting out of any attachment or other Process against the said Inhabitants for the said Wages at the suit of the said Arthur Hall: And the said Committees also to signify their proceedings therein to this House at the next sitting thereof accordingly. Vide November 21. antea & Mar. 22. postea.
Mr Serjeant Gawdie and Mr Attorney General do bring word from the Lords, that their Lordships do desire that Mr Speaker and this whole House do presently repair unto their Lordships into the Higher House. Which being then signified unto the House by Mr Speaker, all the House thereupon repaired thither presently accordingly.