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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THE JOURNAL OF THE House of LORDS.
A Journal of the Passages of the House of Lords in the Session of Parliament bolden at Westminster, An. 5 Regin. Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12th of January, and then and there continued until the Prorogation thereof upon Saturday the 10th day of April, An D. 1563.
This Session in An. 5 Regin. Eliz. making but one and the same Parliament with that Session next ensuing, in an. 8 Regine ejusdem, is replenished with some extraordinary matter, besides the accustomed and usual passages of reading, committing, and expediting of Bills. For not only the pompous and solemn manner of her Majesties repairing to the Lords House, is set down; but the several Speeches also of that Eloquent Orator, and wife Statist, Sir Nicholas Bacon Lord Keeper, are supplied at large, together with such Interlocutory Speeches, as passed in the House of Peers, from Thomas Williams Esq; the Speaker or Prolocutor of the House of Commons; which said several Speeches, being not found in the Original Journal-Book of either House, are therefore supplied out of several written Copies, or Anonymous Memorials of them I had by me; especially the latter passages and Speeches, both when the Speaker was presented on Friday the 15th day of January, and when this Session of Parliament was Proorgued, on Saturday the 10th day of April, then next following, together with the Solemn and Royal manner of her Majesties passing to the House of Lords, on either of the said Days, are for the most part transcribed out of several Anonymous Memorials thereof, I had in my Custody, being doubtless the very Original Draughts or Autographs, set down by some observant Member of one of the Houses, or by some other person then present in the Upper House, for it was written in a hand of that time, and much interlined.
The Parliament was Summoned to begin at Westminster, on Monday the 11th day of Jan. An. 5 Regin. Eliz. An. D. 1562. upon which day Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, with divers other Lords, repaired to the Parliament Chamber, commonly called the UpperHouse, and then and there in presence of the Lords Spiritual and Temporal, and of the Knights, Citizens and Burgesses, Summoned to the same Parliament, the Lord Keeper declared, that the Queens Majesty, by reason of the evil disposition of her Health, could not be present this 11th day of January, and that she hath therefore been pleased to Prorogue the same, until to Morrow, being the 12th day of the same.
And to this purpose, a Writ Patent under the Great Seal of England, whereby the said Parliament was Prorogued unto the 12. day of this Instant Jan. was read publickly, by the Clerk of the Upper House, in these words following:
Elizabeth Dei gratia Angliæ Franciæ & Hibermiæ Regina, fidei defensor, &c. Prædilect is & fidelibus nostris Prælatis, Magnatibus & Proceribns Regni nostri Angliæ, & dilectis & fidelibus nostris Militibus, Civibus & Burgen. dicti Regni nostram, ad Parliamentum nostrum apud civitatem nostram Westmonasterii, undecimo die instantis mensts Jan. inchoand. & tenend. convocatis & electis, & vestrum cuilibet, salutem. Cum nos, pro quibusdam arduis & urgentibus negotiis, nos statum & defenstonem dicti Regni nostri Angliæ & Ecclesiæ Anglicanæ concernent. dictum Parliamentum nostrum, ad diem & locum prædict. teneri ordinaverimus, Ac vobis, per separalia Brevia nostra, apud Civitatem & die prædict. interesse mandaverimus, ad tractand. consentiend. & concludend. super hiis, quæ in dicto Parliamento nostro tunc & ibidem proponerentur, & tractarentur: Quibusdam tamen certis de causis, & considerationibus, nos ad tempits specialiter movent. dictum Parliamentum nostrum, nsq; duodecimum diem bujus instantis Mensis Jan. duximus prorogand it a quod nec vos, nec aliquis vestrum ad dictum undecimum diem jan. apud Civiatem prædictam comparere teneamini, Seu arctemini, volumus enim vos, quemlibet vestrum, inde erga nos penitus exonerari: Mandantes, & tenore præsentium firmiter injungendo præcipientes vobis & cuilibet vestrum, ac omnibus aliis, quibus in hac parte intererit, quod ad dictum duodecimum diem Januarii, apud prædictam Civitatem Westmonasterii perfonaliter compareatis, & intersitis & quilibet vestrum compareat & intersit, ad tractand. faciend. agend. & concludend, super hiis, quæ in dicto Parliamento nostro, de communi concilio dicti Regni nostri (favente Deo) contigerint ordinari. Teste me ipsâ apud Westmonasterium nono die Januarii, anno Regni nostri quinto.
This day, although the Parliament began not, nor any Peers sate in the Upper House, but the Lord Keeper, and some others of either House, met only in the Parliament Chamber, to Prorogue the Parliament unto the 12. day of this Instant Month, as aforesaid, were divers Proxies returned, from many of the Lords, both Spiritual and Temporal, who in their absence did constitute others to give their Voices for them.
Nota, That the Duke of Norfolk was Constituted the sole or joint Proctor of four several Peers, and Francis Earl of Bedford was nominated the sole or joint Proctor of seven several Lords; whereof one was Thomas Archbishop of York, and another of them was William Bishop of Exeter; By which it doth appear, not only that a Spiritual Lord did Constitute a Temporal (which at this day is altogether forborn, as also for a Temporal Lord to Constitute a Spiritual, which was but rarely used during this Queens Reign.) but likewise that any Peer of the Upper House, by the ancient and undoubted usages and Custom of the same, is capable of as many Proxies as shall be sent unto him.
On Tuesday the 12. day of January, the Parliament held according to the Prorogation on yesterday foregoing, and about eleven of the Clock in the Forenoon, the Queens Majesty took her Horse at the Hall Door, and proceeded in manner as followeth.
Then Sir William Cordall, Master of the Rolls in his Gown, and Sir Robert Catlin, Chief Justice of the Kings Bench; and these Justices and Barons of the Exchequer, in their Scarlet Mantles, Hood and Circot edged with Miniver; the Mantle shorter than the Circot by a foot.
Then Barons, in all forty, but there in number 30. a. St. John of Bletso, Hunsdon, Hastings of Loughborough, Chandois, North, Effingham, but now as the Lord Chamberlain, Darcy of Chicke, Paget, Sheffield, Willoughby, Rich, Wharton, Events, Cromwell, St. John, Mordaunt, Borough, Wentworth, Windsor, Vaux, Sands, Mountegle, Darcy of Menell, Ogle, Mountjoy, Lumley, Latimer, Scroope, Grey of Wilton, Stafford, Cobham, Dacres of the North, Dacres of the South, Morley, Barkley, Strange, Zouch, Audeley, Clinton, but now Lord Admiral, and Bargaveny: their Mantles, Hoods, and Circot furr'd, and two Rows of Miniver on their right Shoulder.
Then proceeded the Bishops, all that were there present were but twenty two, as Glocester and St. Asaph, Chester, Carlisle, and Peterborough, Norwich, and Exeter, Lichfield and Coventry, Bath and Wells, Rochester, and St. Davids, Salisbury, and Lincoln, Bangor, and Worcester, Ely, and Hereford, Landasse, Chichester, and Winchester, Durham, and London; their Robes of Scarlet lined, and a Hood down their back of Miniver.
Then the Earls, but nineteen present, the Earl of Hertford, the Earl of Pembroke, Bedford, Southampton, Warwick, Bath, Huntington, Sussex, Cumberland, Rutland, Worcester, Darby, Shrewsbury, Westmoreland, Northumberland, Oxford, and Arundel; their Robes of Scarlet, with their Rows of Miniver.
Then the Marquess of Winchester, but now as Lord Treasurer, and the Marquess of Northampton; the Duke of Norfolk went as Earl Marshal. Then the Lord Keepers Serjeant, and Seal, and after Sir Nicholas Bacon, Lord Keeper of the Great Seal, in his Gown.
Then the Queens Majesty on Horseback, a little behind the Lord Chamberlain, and Vice- Chamberlain; her Grace Apparelled in her Mantle, opened before, furr'd with Ermines, and her Kirtle of Crimson Velvet, close before, and close Sleeves, but the Hands turned up with Ermines, and a Hood hanging low, round about her Neck, of Ermins. Over all a rich Coller, set with Stones and other Jewels, and on her Head a rich Caul. And the next after Her, the Lord Robert Dudley, Master of the House, leading the spare Horse. And after all, other Ladies, two and two, in their Ordinary Apparel. By side the Queen went her Footmen, and along on either side of her went the Pensioners, with their Axes; after the Ladies followed the Captain of the Guard, Sir William St. Loe, and after him the Guard.
In which Order Her Majesty proceeded to the North Door of the church of Westminster, where the dean there, and the Dean of the Chappel met her, and the whole Chappel in Copes; and St Edwards Staff, with the Inlet in the top, was delivered unto her; her Arm, for the bearing thereof, assisted by the Baron of Hunsdon; the Canopy born over her by Charles Howard Esq; Sir George Howard, Sir Richard Blunt, Sir Ed. Warner, Sir John Perrott, and Sir William Fitz-Williams, Knights; her Graces Train born up and assisted, for the weight thereof, from her Arms by the Lord Robert Dudley, Master of the Horse, and Sir Francis Knowles, Vice-Chamberlain; and so orderly proceeded to the Travers beside the Table of Administration. Although other Princes have used to be placed in the Quire till the Offering, but not now because there was neither Communion nor Offering; and so, she being placed, all the Lords sate down on Forms, besides the Travers; the Spiritualty on the North side, and the Temporalty on the South side; the Sword and the Cap of Estate laid down on the Table. Then the Quire fung the English Procession; which ended, Mr Noell Dean of Pauls began his Sermon, and first made his Prayer orderly for the Queens Majesty, and the Universal Church, and especially for that Honourable Assembly of three Estates there present, that they might make such Laws, as should be to Gods Glory, and the good of the Realm.
The Sermon being ended, and a Pslam sung, her Majesty and the rest orderly on foot proceeded out of the South Door, where she delivered the Dean the Scepter, and so proceeded into the Parliament Chamber, where the Queen stayed a while in her Privy Chamber, till all the Lords and others were placed, and then her Highness came forth, and went, and sate her down in her Royal Place, and Chair of Estate (the Sword and Cap of Maintenance born before her) and when she stood up, her Mantle was assisted and born up from her Arms, by the Lord Robert Dudley, Master of the Horse, and Sir Francis Knowles Vice-Chamberlain.
The Lord Keeper sate alone upon the uppermost Sack, until the Queen was sate, and then went and stood without the Rail, on the right hand the Cloth of Estate; and the Lord Treasurer, holding the Cap of Estate, on the right hand before the Queen, Garter standing by him, and on the left hand standing the Earl of Worcester, with the Sword, and by him the Lord Chamberlain.
On the Sack on the left hand and Southside, sate Sir William Cordall, Master of the Rolls, Sir Edward Samders Chief Baron, Justice Widdon, Serjeant Carus, and Mr Russell the Queens Sollicitor, and at their Backs sate Sir Richard Read, Doctor Yale, and Doctor Vaughan.
At the side hand of the Queen sate on the ground three or four Ladies, and no more; and at the back of the Rail, behind the Cloth of Estate, kneeled the Earls of Oxford, and Rutland under Age, the Earl of Desmond, the Lord Roos, the Lord Herbert of Cardiffe, and divers other Noblemens Sons and Heirs.
Nota, That these foregoing passages, touching the solemn manner of her Majesties coming to the Upper House, are not at all found in the Original Journal-Book of the same, but are transcribed out of a written Copy or memorial of them, I had by me, as doth also the Lord Keepers Speech follow, out of the same, in the next place.
The Queens Majesty (being set (as aforesaid) under the Cloth of Estate) the House of Commons had notice thereof; and thereupon the Knights, Citizens and Burgesses of the same, repaired to the Upper House, and being, as many as conveniently could, let in, she Commanded Sir Nicholas Bacon the Lord Keeper, to open the cause of Calling and Assembling this Parliament, who thereupon spake, as followeth.
You shall understand, that my most Dread and Sovereign Lady the Queens Majesty, here present, hath Commanded me to declare the occasion of this Assembly, which I am not able (but unmeet) to do, as it ought to be done, among such a noble, wife and discreet Company. Howbeit, knowing the Experience of her Majesty, bearing with such as do their good wills, and your Honours Patience, in bearing with me in the like, afore this time; it encourageth me the better herein, not doubting of the like at this present. Therefore my Lords, the occasion is, that necessary matters be provided for, propounded and scanned, and after agreed upon, and ended, which afterwards shall remain and continue; which matters in my Judgment, may well be divided into two parts, one touching Religion for the setting forth of Gods Honour and Glory, and the other concerning Policy, for the Common-Wealth, as well for provision at home, as to provide for the Foreign Enemy abroad: Which said matters of Religion, may again be divided into two parts; for Gods cause being sincerely weighed, considered and followed, bringeth forth good success in all Affairs, and being not followed, but neglected, and made light of, how can any thing prosper, or take good effect? And the greater the Personages be, which so abuse the same, the greater the fault is, to the damage of the whole Common-Wealth; for all mens Eyes be fixed on those who be in Authority; for as the Head is, even so is the Foot; and after the Superior followeth the Inferior. For as Gods Law it self is perfect, so there is no imperfection therein, but that which cometh of our selves, wherein I cannot excuse either the spiritualty or laiety. For as the Preachers be not so diligent in their Vocation of Preaching, as they ought to be, even so we of the Laiety be neither so diligent in hearing, nor yet in doing as we should be. And thirdly, some of the Laiety in not giving credit unto it, as it ought for to be. For as all in Authority ought to be credited, and their doings taken in the best part, yet I would with the same should continue no longer than they do well.
And where at this present there is great want of Ministers, and some of them that be, be much insufficient; which, considering the time, are to be born withal, not doubting the Circumspection of the Bishops, in well looking to the placing of such, which shall be appointed hereafter; and those which be, and will not be reformed, to have sharp punishment. For as heretofore the Discipline of the Church hath not been good, and again, that the Ministers thereof have been slothful, even so for want of the same hath sprung two Enormities; the first is, that for lack thereof, every man liveth as he will, without fear; And secondly, many Ceremonies agreed upon, but the right Ornaments thereof, are either left undone, or forgotten. As in one point, for want of Discipline it is that so few come to Service, and the Church so unreplenished, notwithstanding that at the last Parliament, a Law was made, for good Order to be observed in the same; but yet as appeareth not Executed. Therefore if it be too easie, let it be made sharper, and if already well, then see it Executed. For the want of Discipline causeth obstinacy, contempt and growing of Herefie; therefore better to be winked at and unspoken, than bruted abroad and unperformed: Therefore, in mine opinion, the device is good, that in every Diocess there be Officers appointed and devised, as hath been thought good, to sit for redress of these and such like Errors, twice or thrice a Year, till the faults be amended. In which well doing, the Head-Officers are to be born withal, and maintained; and Laws to be made for the purpose: the chief Care of which said former matters pertaineth to you, my Lords of the Spiritualty, wherein you must take pains to travel, whereunto be Laws to be joined, not only for the more perfecting of the same, but for the maintenance, as well of the Heads, as the Ministers thereof.
Now to the second part, of Policy for the Common-Wealth; for as there be faults for want of Discipline, so are there faults in the imperfection, and want of Execution, which imperfection must be looked unto; and want of Laws which needeth to be provided for and made; and to consider, if there be not too many Laws for one thing, and those so large and busie, that neither the Commons can understand the same, not yet well the Lawyer, which would be brought into some briefer and better Order, and there Executed. For which purpose, it is necessary to take care, to have good Ministers thereof, and secondly, to banish all fearfulness for prosecuting the same; and over and besides, that to appoint proved men to inquire of these Ministers, whereby they may have the better regard to their Duty: For, even as the Visitation of the Church is and was well appointed for the church, so now is the like to be appointed for the Temporalty. For if the Laws be not well Executed, my part is not the least thereof, which Yearly I would be glad to hear of. The third for the Enemy, as well here bred amongst us, as abroad: for whereas the Queens Majesty at her entrance found this Realm in War with Foreign Power, at which time lack of Treasure, Artillery, Force and other things, caused her to agree to a Peace, although not the best, howbeit for our surety she spared no cost to bring it to pass; which notwithstanding, of later time, certain old cankered Enemies of this Realm, attempted to put in Execution to bring the Scots to the Governance of France, and so being a firm Land to ours, to have been our utter Enemies; which danger the Queen foreseeing, sought by all means, as well by her Ambassadors as others, to stay the Enterprise, but could not; and therefore helped her Neighbours of Scotland, and so disappointed that attempt; or else afore this time I doubt the Scottish Territories would have been too little to have holden them, but that they would have troubled us, not only at Barwick, but at the Walls of York; which said attempt, being by the means of her Majesty stayed and letted, the said bent Enemies have attempted the same in France, to the whole disturbance of all Christendom, and all done for the mischief of this Realm, (joined with a devilish Conspiracy within our selves, tending to the aiding of the Foreign Enemy, and by their own Confession, to have raised a Rebellion in this Realm) And for that by none of her Graces Travels or means, she could there stay their Enterprise, or make them agree, she was forced the rather to stay the same, for the surety of this Realm, to the no little charge of her Majesty: for in these proceedings, and in repairing of these, and other like faults, I dare be bold to say (for that I am thereof assured) it hath cost her Majesty as much as two of the best Subsidies, which at any time hath been within this Realm; and all at her own proper Charges, without either straining of her Subjects, or having aid of them, towards the same. Howbeit she yet thinketh it well spent, for often it chanceth, that money is better spent than spared; as the common saying is, That a penny is well spent which afterwards saveth a pound. And so in this, if that money had not been so spent in staying in time their attempted Enterprises, it would afterwards have turned to no little prejudice, nor yet small Charge of this Realm. And where afore this time Princes commonly have had some vein or delight to spend Treasure upon for their pleasure, which the Queen hath none, but only for the Common-Wealth and surety thereof, so that we may most justly and fortunately say to her great Praise, that the relieving of the Realms necessities is our Princes whole delight: And notwithstanding all the disbursements of these her great Charges, yet she was (as I right well know) very hardly brought to, and perswaded to call this Parliament, in which she should be driven to require any aid, or by any means to charge her Subjects, if by any other means it might have been holpen: and so her Majesty her self Commanded to be declared. And I for my part, and so do others very well know; for the Commons little think or consider what a trouble want is to her, whereby she is forced to ask of them (which surely is against her nature) but that she is thereunto forced, for the surety of this Realm.
And for that the nether House cannot, being so many together, but of necessity must have one to be a Mouth, Aider or Instructer unto them, for the opening of matters, which is called the Speaker, Therefore go and Assemble your selves together and Elect one, a discreet, wise, and learned Man, to be your Speaker, and on Friday next the Queens Majesty appointeth to repair hither again, for to receive the Presentment of him accordingly.
The manner of her Majesties coming to the Upper House, with the Lord Keepers Speech, being supplied out of that written Copy or Anonymous Memorial, I had by me, as aforesaid, now follow the Names of the Receivers and Tryors of Petitions, out of the Original JournalBook it self of the Upper House.
Then the Clerk of the Parliament read in French the Names of such, as should receive, hear, and try the Petitions for England, France, Scotland, Ireland, Gascoigne and Guyen, &c. which were as followeth.
Sir Robert Catlin, Chief Justice of the Kings Bench; Sir William Cordall, Master of the Rolls; Sir Anthony Browne, Knight; Sir Richard Read, Knight; and Doctor Huicke; And such as will prefer any Petitions, are to deliver them in six days next ensuing.
Sir James Dyer Knight, Chief Justice of the Common-Pleas; Sir Edward Saunders Knight, Chief Baron; Justice Weston, Mr John Vaughan, and Doctor Yale; And such as will prefer any Petitions, are to deliver the same within six days next ensuing.
The Archbishop of Canterbury, Lord Marquess of Winchester, Tresurer of England; the Duke of Norfolk, Earl Marshal of England; the Earl of Arundel, the Earl of Rutland, the Earl of Bedford, the Earl of Pembroke, the Bishop of London, the Bishop of Durban, the Bishop of Salisbury, the Lord Clinton, Admiral of England, the Lord Rich; all these together or four of the Prelates, and Lords, calling to them the Keeper of the Great Seal, and the Treasurer, and the Queens Serjeant, when need shall require, shall hold their places in the Chamberlains Chamber.
The Archbisho[ of York, the Marquess of Northampton, the Earl of Shrewsbury, the Earl of Huntingdon, the Bishop of Winchester, the Bishop of Worcester, the bishop of Oxon; the Lord Howard, the Lord Chamberlain, the Lord Abergaveny, the Lord Wentworth, the Lord willoughby and the Lord North; all they together, or four of the Prelates and Lords aforesaid, calling to them the Queens Serjeant, Attorney, and Sollicitor, when need shall require, shall hold their place in the Treasurers Chamber.
These Names of the Receivers and Tryors of Petitions foregoing, being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament, by the Queens Majesty, or the Lord Keeper by her Commandment; but the same being wholly omitted through the negligence of Francis Spilman, Clerk of the same, it is in part supplied out of that before-mentioned memorial Copy of this present days passages following.
Then the Lord Keeper Adjourned the Parliament till Friday next, and then the Queen returned to her Chamber, and shifted her, and so did all the Lords, and then waited on her to the Water side, where she took her Boat, and departed to Whitehall from whence she came, and they till Friday at their pleasures; upon which ensuing Friday, her Majesty came again to the Upper House; but the manner and form thereof being wholly omitted in the Original JournalBook of the Upper House, and only found in the foresaid Anonymous Memorials I had by me, is therefore inserted out of the same, in manner and form following.
On Friday the 15th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat, and went by Water to the Parliament-House, about two of the Clock, the Lords and Heralds waiting on her to the Landing place, on the back side of the Parliament; and so brought her to her Privy-Chamber, where she shifted her, and put on her Robes, and the Lords theirs, as the first day; and then she repaired to her Seat, and the Lords to theirs, with theirs Serjeants and Gentlemen-Ushers; before her the Lord Marquess of Northampton, bearing the Cap of Estate, the Duke of Norfolk the Rod of the Marshalsie, and the Earl of Northumberland the Sword; the Lord Robert Dudley, Master of the Horse, and the Baron of Hunsdon, sustained her Mantle, from her Arms: And her Train was born by the Lord Chamberlain, Vice-Chamberlain, and Mr Ashley, Master of the Jewel-House; and the Lord Keeper standing at the back of the Rail, on the right, and the Lord Treasurer on the left. And because this is the first Session of the Second Parliament of her Majesty, I thought it worth the labour to cause the presence of her Majesty, and the Lords spiritual and Temporal, to be inserted, directly according unto the Copy thereof in the Original Journal-Book of the Upper-House.
Pr. Archiepiscopus Cantuar.
Pr. Archiepiscopus Eboracen.
Pr. Episcopus London.
Pr. Episcopus Dunelmen.
Pr. Episcopus Winton.
Pr. Episcopus Cicestren.
Pr. Episcopus Hereford.
Pr. Episcopus Elien.
Pr. Episcopus Wigorn.
Pr. Episcopus Banforen.
Pr. Episcopus Lincoln.
Pr. Episcopus Sarum.
Pr. Episcopus Meneven.
Pr. Episcopus Roffen.
Pr. Episcopus Bathon. & Wellen.
Pr. Episcopus Coven. & Lichfeild.
Pr. Episcopus Exon.
Pr. Episcopus Norwicen.
Pr. Episcopus Petriburgen.
Pr. Episcopus Cestren.
Pr. Episcopus Assaven.
Pr. Episcopus Gloucestren.
Nota, That this is the very express manner and form, by which the presence of her Majesty, the Lord Keeper, and the Lords Spiritual and Temporal, is set down and marked out, upon this present Friday, being the first day of this her Highness Second Session of her Parliament; and at the beginning of every Lords name that was present, are the Letters Pr. prefixed, by which it appeareth, and may certainly be concluded, that all they, before whose names those Letters are not set down, and entred, were then absent, which hath been the constant course of Recording such presence, in all the Original Journal-Books of the Upper House, both of former and latter times, which is so obviuous to every mans curiosity, that will search, that it needs no further dilating.
Pr. Nicolaus Bacon Miles, Dominus & Custos
Pr. Marchio Winton. Thesaurarius Angliæe.
Pr. Dux Norfolciæ Comes Mareschallus Angliæ.
Pr. Marchio Northampton.
Pr. Comes Arundell. Seneschallus Hospitii Dominæ Reginæ.
Pr. Comes Northumbriæ.
Pr. Comes Salop.
Pr. Comes Darbiæ.
Pr. Comes Wigorn.
Pr. Comes Rutland.
Pr. Comes Huntington.
Pr. Comes Bedford.
Pr. Comes Pembrooke.
Pr. Vice-Comes Hereford.
Pr. Vice-Comes Mountague.
Vice-Comes Howard de Bindon.
In the next and second Rank after the Spiritual Lords, are the names of the Lord Keepers, and of all other Temporal Lords, entred above the degree of Barons, and the reason why the names of the Spiritual Lords are thus entred, before the Lord Keepers, and all other Temporal Lords, although divers of them enjoy likewise the great Offices of the Kingdom; is not because they have all precedence of them, but either in respect that the Archbishop of Canterbury (when there is one) is the first Peer of the Realm, and so one of the rank with whom they sit in the Upper House, and therefore ought to be ranked with him, or else in respect of their Ecclesiastical Dignities, which are preferred before the Temporal, as the Church is before the CommonWealth.
Pr. Dominus Clinton Admirallus Angliæ.
Pr. Dominus Howard de Essingham Camerarius
Pr. Dominus Burgavenny.
Pr. Dominus Strange.
Pr. Dominus Barkeley.
Pr. Dominus Morley.
Pr. Dominus Dacres.
Pr. Dominus Dacres de Gillesland.
Pr. Dominus Cobham.
Dominus Grey de Wilton.
Pr. Dominus Scroope:
Pr. Dominus Lumley.
Pr. Dominus Darcie
Pr. Dominus Mountegle.
Pr. Dominus Vauxe.
Pr. Dominus Windsor.
Pr. Dominus Wentworth.
Pr. Dominus Mordant.
Pr. Dominus St. John.
Pr. Dominus Cromwell.
Pr. Dominus Evers.
Pr. Dominus Willoughbye.
Pr. Dominus Sheffield.
Pr. Dominus Darcie de Chiche.
Pr. Dominus Chandos.
Pr. Dominus Haistings de Loughborough.
Pr. Dominus Cary de Hunsedon.
Pr. Dominus St. John de Bletsoe.
The presence of the Lords being thus transcribed out of the Original Journal-Book of the Upper House, there is nothing worthy the further observation therein, but only that the Abbot of Westminster, who sat all the last Parliament, is not here at all mentioned, and the reason was, because himself, with five other Abbots and Abbesses, and many other of the Popish Clergy, were deprived of their Ecclesiastical Promotions, in An. Dom. 1559. at the end of the last Parliament. And now in the next place follows the manner of the Presentment of the Speaker, with his several Speeches, and the Lord Keepers Answers at large, out of a Memorial thereof I had by me, which I conceive for the most part to be the very Autography, or Original Copy thereof, taken by the hand of some industrious Member of one of the Houses, or at least some other Hearer, at this time present in the Upper House: It being set down in a hand at that time, and full of interlinings and amendments.
The Queens Majesty being set under her Cloth of Estate, and the Lords having placed themselves according to their several Ranks, in their Parliament Robes, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon repairing to the Upper House, with Thomas Williams Esq; their Speaker Elect, were (as many of them as conveniently could) let in; and the Speaker was led up unto the Bar or Rail, at the lower end of the said House, between Sir Edward Rogers Knight, Comptroller of her Majesties Houshold, and Sir William Cecill Knight, her said Majesties Principal Secretary; all of them making, in their proceeding up thither, three Obeysances; and the said Speaker, being placed there, after he had made three other like Obeysances, began as followeth.
Right Excellent and most Vertuous Prince, our Renowned and Dread Soveraign Lady, on Tuesday last it pleased your Highness by the Mouth of the Right Honourable, the Lord Keeper of the Great Seal, for the more ease of the nether House of this Parliament, to Command them to go and Assemble themselves, and to Elect one, being wife, discreet and learned, to be their Speaker; who after a Consultation had (with one Voice) did Elect me, being indeed insufficient, as by, and for divers Causes I did then to them decalre; Howbeit, whether it were that they, being so many wife men together, at the Electing of me, and therefore would not seem to speak against their own Election, or for what other cause I know not, but they refused my denial, and stood to their said Choice, and now present me here, to be at your Graces Appointment: I therefore, knowing my own imbecillity, and yet not arrogantly refusing the same; as one amongst the Romans chosen from the Plough to a place of Estimation, and after to the Plough again; even so, I a Countryman, fit for the same, and not for this place, most humbly desire your Majesty, to discharge me hereof, and to appoint some other more able; and I, am bounden, will not only pray for your Highness, but also serve your Highness, and my Country, to my power, in the place of a Citizen, whereunto first I was Elect and appointed.
Mr Williams, The Queens Majesty hath well heard and pondered your Speech, and doth well perceive your modest and humble manner, in the disabling your self to that place, whereunto her well-beloved Subjects have Elected and Chosen you, and now accordingly presented you, and hath also heard your suit for discharge of the said Room; and for Answer, she hath Commanded me to declare unto you, that she commendeth well your modest and humble manner, in so disabling your self, knowing that Judgement appertaineth to the Caller, and not to the party Called; And, forasmuch as her Majesty is credibly informed, as well of your knowledge and experience in other Parliaments, as in other great and weighty matters, she thinketh now therefore, she cannot disable you, without some peril to the Realm; and the rather, for that the wife Knights, Citizens and Burgesses have nominated and Chosen you, she cannot grant your Petition; And besides, that your modest Order in disabling your self, doth right well declare your ability to furnish the place; for which cause she doth allow this Election, and Presentation made of you; not doubting your care to be such, but that the good Opinion her Majesty and the Burgesses have of you, shall be augmented and increased, and the Burgesses not to repent their Election. Therefore your Office is to take it upon you.
Although afore this time, the place hath been furnished with Orators, and therefore their matter entreated of worthily called an Oration; yet I now, void of any such knowledge, require that name may be left, and that it might bear the name of an Epistle with a Request. And for the better understanding thereof, I will divide the matter into three parts; one for time past, and the second, time present, and the third, time to come. But searing to fall between two Mountains, as to be counted either ungrate, or diffembling, I know not what to say; but yet seeing Savage Beasts forget not them who do well unto them, as appeareth by the story of a Lyon, out of whose foot a certain Man took a Thorn, which said person, being afterwards cast to the same Lyon to be devoured, the Lyon not forgetting, but remembring the former kindness shewed unto him, would not devour him, but ever after followed the same Man; even so, without too much ingratitude, can I not let pass your Majesties manifold benefits extended upon us; which although worthily to be declared, they pass my Capacity now to express, yet think it Blasphemy to suffer it clean to be untouched, and therefore in some part will put in remembrance the same; which I will divide into two parts; the one spiritual, the other temporal. For the first, When God planted your Highness in this place, you found it not so furnisht with Treasure, as other your Predecessors have, although, if you had, yet occasions enough to employ it; which notwithstanding, you did not take the extremity of Penal Statutes, and other forfeitures, due unto you, but pardoned all such, as in time convenient required it. Also your Majesty did vouchsafe to take upon you the Charge of both the States, as well Spiritual as Temporal, and so purged this Church of all ill Service, and placed therein Service to Gods Honour: Further, what great Plague and Dearth happened by ill money this twenty Years last past, which within one Year is brought to good again, with little loss of your Subjects? Your Majesty prevented also, as well the Attempt in Scotland, made by your Common Enemy there, as now of late again in France; which otherwise, if it had not been foreseen, would have turned to the no little peril, and loss of this your Realm, and Subjects thereof. Also your Highness hath been Author of good Laws, as appeareth by those made; both at the last Parliament, and by your other Proclamations since. Further, finding this Realm at your Entrance in Wars, you brought it in Peace: All which former Proceedings have been a great Charge unto your Majesty, which although the Revenues of the Crown be small, yet hath it hitherto only been done of your own Charge, as the last day by the Lord Keeper it was declared. And, for the last part and principal point of all other, your Highness hath brought and restored again Gods Doctrine into this Realm; for which your humble Subjects most heartily give thanks to God, and you, by the Mouth of me, their appointed Speaker.
For the second point, being time present; your Majesty is the Head, and the Body the Spiritualty and the Temporalty, which Body is to be divided into three Estates, The Lords Spiritual, and the Lords Temporal, and the Commons, whose Mouth I am; which by no means can prosper, the one without the other: for as any Estate divided cannot well continue, so in this; and therefore say, Nosce teipsum, not minding to speak these words only to your Highness, but to the whole Body; for although the Head may lack a Member of the Body, and yet continue; yet so the Member cannot want the Head, nor yet the Head the whole Body, but the want of the one of these last two shall be the ruine of the other; and therefore of necessity, for the sure preservation of the whole, it behoveth them firmly to join together; for though your Highness be the Head, and therefore the chief care pertaineth to you, yet your Majesty cannot throughly redress the same, without knowledge of the faults, nor yet well understand the whole State, except the other parts of the Body join with you, and put to their helping hands. I find in divers Histories great Commodities grow to Princes, by searching out, not only the wants of their Subjects, but knowledge of their talk; whereby they better both understand their own faults, and the Flatterers they have about them; which Order the wife and prudent Marcus Aurelius used, and long time Reigned Honourably. The noble Conqueror Alexander, in the beginning of his Reign, used the same; but leaving that Order, and having no regard to his living, was destroyed; which like Example was seen by that notable and Valiant Warrier Julius Cæsar. And being encouraged by these like Examples, and others, to enter into some abuses used in this Realm, I will only speak of three, being all three notable Monsters, Necessity, Ignorance and Error. Necessity is grown amongst our selves, so that no Man is contented with his Degree, though he hath never so much; but where she is (as the Proverb faith) she hath no Law; for how now be all Schools, Benefices, and other like Rooms furnished, and yet those for Schools so few, that I dare say a hundred Schools want in England, which before this time have been. And if in every School there had been but an hundred Scholars, yet that had been ten thousand; so that now I doubt whether there be so many learned men in England, as the number wants of these Scholars.
The second Monster is her Daughter Ignorance; for want of ten thousand Scholars, which these Schools were the bringers up of, and want of good School-masters, bringeth Ignorance; but the occasion of these two Monsters, is for want of Livings and Preserments; for Covetousness hath gotten the Livings, as by Impropriations, which is a decay of Learning. For by it the Tree of knowledge groweth downwards, and not upwords, as it was first meant, and made for; and groweth thereby greatly to the dishonour both of God and this CommonWealth. The Universities are decayed, and great Market Towns, and others without either School or Preacher; for the poor Vicar hath but only twenty pound, and the rest, being no small summ, is Impropriate; and so thereby no Preacher there, but the people being trained up and led in Blindness, for want of instructions, become obstinate. And therefore to see to it, and that Impropriations may be redressed, notwithstanding the Laws already made.
The third Monster is Error, a Serpent with many Heads, many evil opinions, and much evil Life, as Pelagians, Libertines, Papists, and such others, leaving Gods Commandments, to follow their own Traditions, affections and minds. But if the Papist be, as indeed he is, in error, let us seek the redress thereof; for that the poor and ignorant be thereby abused. Until which redress be had, you nor your Realm, neither at home nor abroad, shall ever be well served of such people, which be so divided; and therefore speedily look to it, and weed out this wickedness and error within these our days, which is too much known now adays; for if your Godly Proclamations were not so soon forgotten, they would be amended. In the Country I heard tell, but since I came hither, walking in the streets, I have heard oftentimes more Oaths than words, a pitiful hearing! for if the Egyptians, by whose Laws the people lost their hands, and amongst the Barbarians lost their Lives, for swearing, and especially if it were a lie; if it were so punished amongst them, being Infidels, what, shall there be no punishment amongst us being Christians? Is truth further from us professing the name of Christ, and being Christians, than from them being Infidels? But even as Tantalus was Plagued, so are we; for although he had Apples even hanging at his Mouth, yet could he not eat any of them, and having a River of Water even as it were running by his Lips, yet could he not drink, but died for hunger and thirst: even so are we Plagued; for having Gods word, and his name even in our Mouths, yet we live as Infidels, or as them that are furthest from the same, and so having enough, there is scarcity. And that we may avoid this Blasphemy, and the other Monsters, your humble Subjects desire your Highness to see to the lamentable Estate of this Common-Wealth, and the redress of the same.
Having perused times past, and times present, let us go to, and well remember the time to come. For Cato faith, A thing well begun shall be well ended; so then followeth of a good beginning a good ending. For that Noble Captain Hannibal, environed with his Enemies, in a strange Country, sounded his Trumpet to Council, and thereby prospered. So your Majesty hath now called the Prelates, Nobles and Commons to Council for surety of the Realm. We now so therefore Assembled, as diligent in our Calling, have thought good to move your Majesty with the assent of this Assembly, to build a strong Fort for the surety of the Realm, to the repulsing of your Enemies abroad, which must be set upon firm ground, and stedfast, having two Gates, one commonly open, the other as a Postern, with two Watchmen at either of them, one Governor, one Lieutenant, four Souldiers, and no good thing there wanting. The same to be named The fear of God; the Governor thereof to be God, your Majesty the Lieutenant, the Stones the Heart of faithful People, the two Watchmen at the open Gate, to be called Knowledge and Virtue, the other two at the Postern to be called Mercy and Truth; all being Spiritual Ministers.
This Fort is Invincible, if every man will fear God; for all Governours Reign and Govern by the two Watchmen, Knowledge and Vertue; and if you, being the Lieutenant, see Justice with Prudence her Sister executed, you shall then rightly use the Office of a Lieutenant; and for such as depart out of this Fort, let them be let out at the Postern by the two Watchmen, Mercy and Truth; and then you shall be well at home and abroad. The Charge of this Fort is yours, being Lieutenant. By Justice your place is setled, whereunto Obedience ought to be taught and done; which your Majesty ought to look to. And so now the fear of God to be a sure Fort, the Subjects Hearts the Stones, Knowledge, Virtue, Mercy and Truth, the four Watchmen, God the Governor, and your Majesty the Lieutenant, is well proved. Therefore to build upon this Fort, the fear of God, is nothing lacking to a happy Life; for by God are all Princes appointed. Who put down Saul? Who made David King, who sought only Gods Glory and so prospered? as did Josaphat, Josias and Hezechias, and also Abas, as long as they sought Gods Glory, prospered; but forgetting God, were overthrown: Therefore first of all, and continually vouchsafe to seek Gods Gloey, and his true Honour, and then you shall have this Fort well built, and by you well Governed.
Further I am to be a Suitor to your Majesty, that when matters of importance shall arise, whereupon it shall be necessary to have your Highness Opinion, that then I may have free access unto you for the same; and the like to the Lords of the Upper House.
Secondly, That in repairing from the nether House to your Majesty, or the Lords of the Upper House, to declare their meanings, and I mistaking on uttering the same contrary to their meaning, that then my fault or imbecillity in declaring thereof be not prejudicial to the House, but that I may again repair to them, the better to understand their meanings, and so they to reform the same.
Thirdly, That the Assembly of the Lower House, may have frank and free Liberties to speak their Minds, without any Controulment, Blame, Grudge, Menaces or Displeasure, according to the old antient Order.
Finally, That the old Priviledge of the House be observed, which is, that they and theirs might be at Liberty, frank and free, without Arrest, molestation, trouble or other damage to their Bodies, Lands, Goods or Servants, with all other their Liberties, during the time of the said Parliament; whereby they may the better attend, and do their Duty; all which Priviledges I desire may be Inrolled, as at other times it hath been accustomed.
And thus having been tedious unto you with my Speech, void of Eloquence, I crave your Pardon, and desire your Majesty to accept of my Heart, and good Will, as well at this time as after, and I will pray as I am bounden, for your Honour long to Reign over us.
Mr Speaker, The Queens Majesty hath heard and very well weighed your Eloquent Oration, which you in the beginning required might not be so called, but that it might bear the name of an Epistle, with a Request, full of good meaning, and good matters, gathered, divided and set; which you divided, as I gather, into four parts. Three by you applied unto three times, past, present, and to come; and the fourth for your Petitions.
For times past, being the first, you opened the benefits received by us all from the Queens Majesty, since her entrance to the Crown, which you divided into two, the one Spiritual, and the other Temporal, and so in some part related the same; and thus passed with times past.
The second part for time present; after you had therein declared many notable Examples of Princes, which searched privily to understand the Commons talk and Opinion, and the benefit thereof arising, you declared to be in this Common-Wealth three Notable Monsters, viz. Necessity, Ignorance and Error, which to redress, you desired the Princes Aid.
And in the third part for time to come, you declared how the Queens Majesty and this Parliament in your Opinion, by building a Fort, named the fear of God, might take Order and live surely in time to come.
And in the fourth part, made four Petitions, the first for free access to her Person, and Upper House, the second for well taking your meaning, and the third and fourth for free Liberty of Speech and Persons.
Now for the Answering of them, her Majesty hath Commanded me to say, That for the first part she commendeth much those Godly Virtues that you opened to be in her, and also those beautiful budding benefits which you declared to come from her, and doubteth not the rather by this your remembring of them, but they shall be on her part hereafter performed, for which she thanketh you, thinking all things well bestowed, when they are well remembred.
In the second part you declare certain Monsters, which trouble this Region, and would be redressed; the Remedy whereof you declared in your third part, wherein she desireth you to travel for the bringing of it to pass.
And for the fourth part, being your Petitions, which be also four; for the first being for free access to her Person, she granteth it, not doubting of your discretion to use it, as rath as may be, not out of time, nor yet without they be matters of great importance.
For the second, that if you mistake their meanings, that they may notwithstanding redress the same, without prejudice to them; this also she granteth, although unneedful, for that she trusteth you will not offend therein; And for the third, to have free Speech she granteth also, so that it be reverently used.
And to the last point, for them and theirs to be free, without disturbance, she is pleased therewith; howbeit great regard would be therein had, not thereby to avoid or delay their Creditors, but to be well used, according to the meaning of the first grant thereof.
Now a word or two more, I would advise you, to make your Laws as few, and as plain as may be, for many be burthenous, and doubtful to understand; and so accordingly to make them as brief, as the matter will suffer; and thirdly, that you proceed to the great and weighty matters first, and then to others of smaller importance, and that so speedily as can be, whereby this Assembly may be again at their Liberties, and so end.
Then the Speaker and nether House did their Reverence, and departed, and the Queen returned into her Privy-Chamber, and shifted her, and the Lords likewise, and then she repaired to her Barge, and so to Whitehall, unto which place the Sword was born; the Officers of Arms waited to and fro.
On Monday the 18th day of January, three Bills of no great moment, had each of them one reading, of which the last, being the Bill for the punishment of Clipping, and washing of the Queens Majesties Coin, and other Moneys Currant within the Realm, was read the first time.
On Tuesday the 19th day of January, four Bills had each of them one reading; of which the first being for the good Order and Government of the Garrison of Barwick, was read secunda vice, & commissa ad ingrossand. and the second, being the Bill for punishment of Clipping and washing of the Queens Majesties Coin, was read tertia vice, & commissa Archiepiscopo Ebor., Duci Norfolciæ, Marchion. Northampton, Episcopo Hereford, Domino Wentworth, Domino Willoughby & Domino Hastings de Loughborough.
On Wednesday the 20th day of January, the Bill touching the Government of the Garrison of Barwick, was read tertia vice & conclns. and sent to the House of Commons by Serjeant Carus, and the Queens Attorney.
On Thursday the 21th day of January, two Bills had each of them one reading; of which one was the Bill to repeal a Branch of a Statute, made Anno primo Edwardi 6ti, touching the Conveying of Horses out of the Realm, and being read tertia vice, was concluded, and sent down to the House of Commons.
On Saturday the 23th day of January, the Lords Spiritual and Temporal Assembled, but nothing was done, save only the Parliament continued by the Lord Keeper, in usual Form, usq; in diem Martis prox. hora nona.
On Tuesday the 26th day of January, the Bill for fulling and thicking of Caps, was read prima vice, & commissa to the Earl of Shrewsbury, the Earl of Rutland, the Earl of Bedford, the Bishop of Winchester, the Bishop of Exeter, the Lord Wentworth, the Lord Willoughby, and the Lord Shandois; And the Bill also against forging of Evidences and Writings, was upon the first reading, Committed to the Archbishop of York, the Duke of Norfolk, the Marquess of Northampton, the Earl of Rutland, the Earl of Huntington, the Bishop of London, the Bishop of Durham, the Bishop of Winchester, the Lord Clinton, the Lord Wentworth, the Lord Rich, the Lord Willoughby, the Lord Hastings of Loughborough, the Lord Chief Justice of the Kings Bench, the Lord Chief Baron of the Exchequer, and the Queens Sollicitor.
Nota, That this last mentioned Bill, touching the forging of Evidences, &c. was not only committed upon the first reading, which is not usual till after the second, but committed also to the Judges, being but Assistants of the Upper House, and to the Queens Sollicitor, being but a meer Attendant upon the same, jointly with the Lords, the only proper and undoubted Members of that great Council; which is to be observed, because of latter days, neither the said Assistants, nor Attendants, are ever appointed joint Committees with the Lords, as here, but only Commanded by the House to attend upon the Committee, and thereby to give such advice as shall be required of them; which is no greater respect yielded them at a Committee, than in the House it self, sitting the Parliament; and were they still admitted to be Committees, as they usually were in all these first Parliaments of the Queen, yet could no inconvenience ensue thereby, because at a Committee things are only prepared, and made ready for the House, in which and no where else they ought to be concluded and expedited.
Here the House was doubtless continued until Thursday next, the 28th day of this Instant January, because this being Hillary Term, the ensuing Wednesday being the 27th day of the same Month, was Star-Chamber day, on which the House seldom sits; and this may be observed very usual, not only in this Journal, but in the Original Journal-Books of the Upper-House of all her Majesties time, in whose Reign the Star-Chamber-Days were first certainly appointed to be on Wednesdays and Fridays.
True it is, that in former times, when StarChamber-Days were uncertain, then it is hard to guess when the House sat not by reason of them, and there seemeth to be but one direct President of it, which is entred in the Original JournalBook, de An. xxv. Henr. 8. die Mercurii, 4 die Februarii, in these words, viz. Hodie Dominus Cancellarius, eo quod die crastino Domini circa ardua negotia in Camerâ Stellatâ consultaturi, & Domini Spirituales die Veneris in convocatione convers. fuerint, ex consensu totius Domus continuavit hoc præsens Parliamentum in diem Sabbati horâ consuetâ. By which President also it may be plainly collected, that the House did sometimes forbear sitting on Convocation Days, when the Lords Spiritual were absent; Of which also there is another President in the Original Journal-Book of the Upper-House, de an. 7 Hen. 8. die 30 Novembris, where it is thus entred; Dominus Cancellarius, propterea quod Domini spirituales in Convocatione crastino die occupandi sunt, continuavit præsens Parliamentum usq; ad diem Lunæ. But notwithstanding these Presidents, it is plain, that the other Lords may sit, if they please, on Convocation days, or Star-Chamber-Days; For as touching the first, it is plain by the Original Journal-Book, de an. 1 Hen. 8. that the Temporal Lords fat every Convocation Day, though they did no other business than receive Bills from the Commons; And for the second, there is an Excellent President, tempore Jacobi Regis, to prove, that the Lords of the Upper-House are not bound to observe Star-Chamber-Days (though usually they do) for it appears plainty by the Original Journal-Book, de an. 18 Regis ejusdem, die Martis, 24 die Aprilis, that upon a motion made that day unto the House, that there was a great Cause in the midst of hearing to be heard in the Star-Chamber the day following being Wednesday, the Lords were contented to forbear sitting that day, but withal it was provided that it should not be drawn into a President, but that the House (being the supream Court) may sit upon any Star-Chamber day, notwithstanding the absence of such Lords, as do use to attend that Court: And accordingly the House was Adjourned unto the next day, being Wednesday, in the Afternoon. And the next StarChamber Day, being Friday, the 26th day of April, the House did sit both in the Forenoon, and in the Afternoon.
On Saturday the 30th day of January, the Bill for Assurance of certain Lands assumed by the Queens Majesty, during the Vacation of Bishopricks, was read secunda vice (although not mentioned through the negligence of the Clerk) & commissa Archiepiscopo Eboracen. Duci Norfolciæ, Marchion. Northampton, Comiti Salop. Comiti Derby, Comiti Rutland, Comiti Huntington, Comiti Bedford, Comiti Pembroke, Episcopis London, Dunelm. Winton. Hereford, Elien. Domino Clinton Admirallo, Domino Howard de Effingham Camerario, Domino Dacres de Gillesland, Domino Lumley, Domino Rich, Domino Willoughby, Domino Hastings de Loughborough, & Domino Hunsden, as duobus primariis Justiciariis & Primario Baroni Scaccarii.