Journal of the House of Lords
October 1566

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History of Parliament Trust

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Author

Sir Simonds d'Ewes

Year published

1682

Pages

95-103

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'Journal of the House of Lords: October 1566', The Journals of all the Parliaments during the reign of Queen Elizabeth (1682), pp. 95-103. URL: http://www.british-history.ac.uk/report.aspx?compid=43673 Date accessed: 22 July 2014.


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Contents

October 1566

On Tuesday the first day of October, the Bill for the making void of fraudulent Gifts and Alienations, was read primâ vice.

The Queen, having been moved as it seemeth the day past about the Death of the former Speaker, and the Choice of a new one in the House of Commons, by those eight Right Honourable Personages, who were then and there named to move her Highness in it; did give Order, that this present Tuesday, both the Lords and Commons should Assemble, and meet together in the Parliament Chamber, there to receive her Majesties Answer. Where being Assembled, the Lord Keeper shewed forth a Commission from her Highness, under the great Seal of England, which was directed unto him only; the tenor whereof is set down at large in the Journal of the House of Commons, de An. isto 8 Regin. Eliz. (to which House it properly belonged) viz. That in respect Thomas Williams Esq; the former Speaker was dead, therefore the Lord Keeper was for her Majesty, and in her Name, to will and Command the Knights, Citizens and Burgesses of the said House of Commons, to resort unto these accustomed place, and there to Elect and chuic amongst themselves, one able and sufficient person, to be their Speaker, for the rest of this present Parliament, yet to come. And after they should have made their Election, that then three or four of them, for, and in all their names, should signifie the same unto her Majesty, and thereupon her Highness would further signifie her pleasure unto them, what day and time they should present him so Elected before her, as it had been used formerly in like Cases to be done.

There was this day no other Bill, or other business agitated in the Upper House; for immediately upon the reading of the last above-mentioned Commission, the Continuance of the Parliament is Entred in the Original Journal-Book of the said House, in manner and form following, viz.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; diem Mercurii secundum diem Octobris.

On Wednesday the second day of October, it seemeth there was no meeting of the Lords, nor any thing done in the Forenoon; neither is any mention made in the foregoing continuance of this Parliament by the Lord Keeper, to what Hour of this Wednesday it was continued; which is usual in other continuations of it. But the reason why they met not till the Afternoon, seemeth to be, because then the Queens Majesty her self come thither; to whom Richard Onslow Esq; her Majesties Sollicitor, having been Chosen Speaker for the House of Commons the day past, was presented, and admitted by her, in manner and form as followeth.

About three of the Clock in the Afternoon this present Wednesday, the second day of October, the Queens Majesty took her Barge, and Landed on the back-side of the ParliamentChamber; and so the Earl of Northumberland bearing the Sword, the Lady Strainge her Trayn, with the Lords in their daily Apparel, and the Heralds attending on her, she proceeded up into the Privy-Chamber, to prepare her self; during which time the Lords and Justices put on their Parliament Robes, and took their places in manner and form following. In which it is to be noted, that no part of this days passages already set down, is found in the Original Journal-Book of the Upper House; but is either transcribed out of a certain Anonymous memorial I had by me, in which the presentment of the Speaker this day, is somewhat exactly set down, or was supplied by my self, upon the comparing of several things together. Now follow the Names of the Lords and others as aforesaid.

First on the Form on the North-side, together with the Upper Form at the nether end, sate the Bishops as followeth.

Younge Archbishop of York.
Grindall Bishop of London.
Pilkington Bishop of Durham.
Sands Bishop of Winchester.
Birkley Bishop of Bath and Wells.
Bett. Bishop of Carlisle.
Barlow Bishop of Chichester.
Alleo Bishop of Exeter.
Gest. Bishop of Rochester.
Skamler Bishop of Peterburgh.
Horne Bishop of Worcester.
Bullingham Bishop of Lincoln.
Bentam Bishop of Coventry and Lichfield.
Denham Bishop of Chester.
Scorie Bishop of Hereford.
Davies Bishop of St Davids.
Parkhurst Bishop of Norwich.
Cheyney Bishop of Gloucester.

Nota, That these names with those that follow, being transcribed in a different manner from all others in the residue of the Journals of the Queens time, were so found with the Names of the Lords Spiritual and Temporal added to them, in that before-mentioned Anonymous memorial of this present Wednesdays passages, being the second day of October; and were therefore transcribed out of it, as is aforesaid, rather than out of the Original Journal-Book of the Upper House; although the Series of them that were present set down there, did serve well to rectifie those foregoing, and these also that next ensue.

At the foremost Form on the South-side, sate these Peers, viz.

William Paulet Marquess of Winchester, Lord Treasurer.
Thomas Howard Duke of Norfolk, Earl Marshall of England.
William Parre Marquess of Northampton.
Thomas Peircie Earl of Northumberland.
Charles Nevill Earl of Westmorland.
George Talbot Earl of Shrewsbury.
William Sommerset alias Plantagenet Earl of Worcester.
Thomas Ratcliff Earl of Sussex.
Henry Haistings Earl of Huntingdon.
Edward Seymor Earl of Hartford.
Robert Sutton alias Dudley, Earl of Leicester, and Master of the Horse.
Anthony Brown Viscount Mountague.

Nota, That Edward de Vere Earl of Oxford, Lord Great Chamberlain of England, Edward Mannors Earl of Rutland, William Bowrchier Earl of Bath, and Henry Wriotheisly Earl of Southhampton; were at this time under Age, and in Ward to the Queen; and therefore they were not admitted to take their places in the Uppermost House, but (if they were present) did either stand besides the upper part of the Rail, at the higher end of the said House, or were admitted to kneel at the upper end of the same House, near the Chair of State, at this time, and upon like solemen days; for no Peers is admitted to have his free Voice, or fit as a Member of that Great Council, until he have accomplished his full Age, unless by the special Grace of the Prince.

At the Form at their back, and the nether Form at the nether end, sate these Peers.
Fynes Lord Clinton, as Lord Admiral, fate first amongst the Barons.
Howard Lord Effingham, as Lord Chamberlain of her Majesties Houshold, sate second.
Nevill Lord of Burgaveny, sate in his due place of perhaminence, and so the rest that follow, unless such as were misplaced by the Clerks error, which is too frequent.
Zouch Lord Zouch.
Standley Lord Strange.
Birkley Lord Birkley.
Parker Lord Morley.
Brooke Lord Cobham.
Stafford Lord Stafford.
Gray Lord Gray of Wilton.
Sutton Lord Dudley.
Lumley Lord Lumley.
Blunt Lord Mountjoy.
Darcy Lord Darey of Mevill.
Standley Lord Mounteagle.
Sands Lord Sands.
Vaux Lord Vaux.
Windsor Lord Windsor.
Wentworth Lord Wentworth.
Burrough Lord Borough.
Mordant Lord Mordant.
Cromwell Lord Cromwell.
Evers Lord Evers.
Willoughby Lord Willoughby.
Sheffeild Lord Sheffeild.
Paget Lord Paget.
Darcy de Chiche Dominus Darcy.
North Lord North of Carthelige.
BridgesLord Shandois.
Haistings Lord Haistings of Loughborough.
Carey Lord Carey of Hunsdon.
St John Lord St John of Bletsoe.

Nota, That Dutchet Lord Audley, and the Lord Dacres of the North, were under Age.

All which Peers abovesaid had their Mantles, Hood and Circots furred with Miniver, their Arms put on the right side, and the Duke of Norfolk had Bars of Miniverl the Marquess of Winchester and Northampton had three Bars of Miniver, the Earls likewise; the Viscounts two, and the Barons two.

Item, On the upper Sack of Wooll fate the Lord Keeper, till the Queen came; and then went to his place at the Rail. On the Woolsack on the Northside, sate Sir Robert Catlin, and Sir James Dyer, the Queens two Chief Justices, Mr Corbet Weston and Southcote Justices of both Benches; on the Woolsack on the Southside, fate Sir William Cecill the Queens Principal Secretary, Sir William Cordall Master of the Rolls, Sir Thomas Sanders Chief Baron, Baron Whiddon ......Carus the Queens Serjeant,....... Gerrard the Queens Attorney; and on the nether Sack sate Mr Vaughan, and Yale, Masters of the Chancery, Mr Spilman Clerk of the Parliament, Mr. Martin Clerk of the Crown, and Mr Peile his Joint Patentee. And behind them kneeled Smith, Clerk of the Council, and Jones Clerk of the Signet, Permiter and Dister.

Then the Queens Majesty being Apparelled in her Parliament Robes, with a Caul on her Head, came forth, and took her Seat; the Marquess of Northampton carrying the Cap of Maintenance; and after stood on her right hand the Duke of Norfolk, carrying his Marshals Rod, and on her left hand the Earl of Northumberland, with the Sword, the Heralds also and Serjenants at Arms being before her; her Majesties Mantle was born up on either side from her Shoulders, by the Lord Chamberlain and the Lord of Hunsdon, who also stood still by her, for the assissting thereof; when she stood up, her Train was born by the Lady Strange, assisted by Sir Francis Knolies Vice-Chamberlain; at the left hand of the Queen, and on the South-side, kneeled the Ladies, and at the Rail at the Queens back, on the right hand, stood the Lord Keeper; and on the left hand the Lord Treasurer.

Then the Queen (as asforesaid) being placed at the South Door, came in the House of Commons, bringing in between Sir Edward Rogers Comptroller of the Queens House and Sir Francis Knolles Vice-Chamberlain, Mr Richard Onslow Esq; the Queens Sollicitor, whom they had Chosen for their Speaker, and after a Reverence done, proceeded after down to the Wall, and from thence came up to the Rail, in the way doing three Reverences, and then began the said Speaker to say, as followeth.

IF it please your Royal Majesty, most Vertuous and most Excellent Princess, At the humble Suit of the Knights, Citizens and Burgesses of your nether House of Parliament, now Assembled, was signified from your Majesty, by the mouth of the Lord Keeper, by force of your Highness Letters of Commission, your pleasure and grant of free Election to the Knights, Citizens and Burgesses, to chuse a fit, and learned man, to be their Speaker, instead of Thomas Williams Esq; their late Speaker, whom it hath pleased God to call to his Mercy. For which they have Commanded me, in their Names, to render unto your Majesty most humble thanks; And have Commanded and forced me, to my great grief, to signifie to your Majesty, how accordingly they have proceeded to an Election, and chosen and assigned me (as I may say) being most unworthy to speak in this place, for this Parliament; and for that I would not be obstinate, I am forced to wound my self with their Sword, which wound yet being green and new, your Majesty being the perfect Physician, may Cure in disallowing that which they have allowed; for that, without your consent it is nothing. And although I being very loth to trouble your Highness, have made Suit and used all ways and means to avoid it, yet could I find no remedy; and therfore am driven to seek remedy at your hands; for though I have the experience of their uprightness, wifdom and knowledge, which chose me, who if they would have found any fault in me, I would lightly have believed them (notwithstanding that we are for the most part given to think too much of our selves) but in this day, that they seem to enable me to this calling, whereof I known my self unable, I cannot credit them, no more than the simple Patient grievously tormented with sickness, will believe the Physician, may the whole Colledge of them, if they say he hath no grief, pain or sickness. I therefore do not attempt this releasing of me for any ease of my self, but would be glad to serve your Majesty, to the uttermost of my Power, In the Office of Sollicitorship, whereunto I am appointed, and not in this, being unfit for the same; and that for divers Causes. For first, I consider, I have to deal with many well Learned, the Flower and Choice of the Realm, whose deep understanding my Wit cannot attain to reach unto. No, if they for greate carefulness would often inculcate it into my dull Head, to signifie the same unto your Highness, yet my memory is so slippery by Nature and Sickness, that I should likely lose it by the way; yet if perhaps I kept part thereof, I have no other knowledge to help my self withall, but a little in the Law, far inferiour to divers in this House; and so should want Learning and Utterance to declare their meanings, as it requireth; specially when I consider your Royal Majesty, a Princess endowed with so many Vertues, Learning and flowing Eloquence, it will abash and astonish me; and therefore finding these infirmities, and other in me, I think my self most unworthy of this place. I trust therefore only in your Highness, that you will disallow this Election; and the rather, for that by the true intent of your said Letters, it may not be gathered that they should elect any of your Majesties Officers; for although the words be to have their free Election, yet the Law may restrain them in some measure: As for Example, we find in the Law, that if it would please your Majesty, to grant Licence to a Dean and Chapter, to purchase to them and their Successors, a hundred pound yearly; which words be generally: yet if the purchased Lands be holden in Capite, this grant is void. And again, if you grant the Fines and Amerciaments of all your Tenants to one, who after chanceth to be sheriff of a shire, yet being a Sheriff he cannot have them. So this (me Feemeth) if it pleasure your Highness, serveth my Cafe. Another Cause is for want of substance to maintain this my countenance; but yet your Majesties goodness in this point stoppeth my Mouth, for that I have none other living, but in manner by you. So for all these considerations, and divers others, as it shall please your Majesty to consider, I humbly desire your Highness to disallow this Election, Commanding them to repair again together, and to chuse another more fit, to serve the same. And so he ended, and did his Reverence.

Then the Queen called the Keeper, declaring her opinion in Answering him, who returning to his place, said as followeth.

Mr. Onslow, The Queens Majesty hath heard and well understood this disabling your self to this office; and doth well perceive your earnest Suit to be discharged of the same; and for Answer, hath Commanded me to say, that she doubteth not, but you very well understand, that when one is chosen to serve the CommonWealth, it is not in him which is called, who hath appointed him thereunto. Also there is an old similitude, that like as it appertaineth to the head, to dispose every inferior member in his place, so it pertaineth to the Queens Majesty, being the Head, to appoint every one in the Common-Wealth; This being truth, and her Majesty withal remembring your Fidelity and long Experience in Parliament matters, and a gain being chosen by so learned and expert men, thinketh therefore your fitness needeth not to be disputed here, and therefore they giving unto you such Faith and Credit, according to an Antient Custom, she cannot but do the like; and also you in disabling your self have abled your self, and therefore she doth allow and approve this their Election, nothing doubting her opition in your ability to sever this turn; and so ended.

Mr. Onslow's Answer.

SEeing that it hath pleased your Majesty to ratify this Election, I to the uttermost of my power shall serve your Highness, and this Common-Wealth; but first my humble suit is, that it would please your Majesty, to accept my good will: and the better of discharge my Duty towards them which have Chosen me, that in great matters sent from them, I may have access to your Majesty at times convenient, as the weight shall require. Secondly, If by weakness I shall mistake the effect and meaning of the matters commited to me, by the Knights, Citizens and Burgesses, and thereby against my will misreport them; that then thereby this Common-Wealth may take no detriment; but that I may conser again with them, the better to understand their meaning, and so with more words to utter the same unto you; And I shall pray, as I am bound, to God, for your long and profperous Reign over us.

Then her Majesty called the Lord Keeper, and Commanded him to Answer him, which he did as followeth.

Mr Speaker, The Queens Majesty hath heard your humble Petitions, and request made unto her, the effect whereof she gathereth to stand in two points; first, for access to her person; and secondly, for good interpretation of your meaning, and also larger Declaration thereof, if need be. For the former, her Highness (as her Noble Progenitors have done) is well contented, that in convenient time, and for convenient Causes, in convenient place, and without importunity (for that these parts now touched, have not been afore this time so well handled, as she trusteth now it shall be) which considered, as free access she granteth you, as any other hath had. For the second point, because no man at all times may do so well, but sometimes things may be uttered, which may be mispoken; for which cause, in that time also you shall have her intreatable; but she thinketh your circumspection to be such as she shall not therein need. And so ended.

Now a word or two to remember you here present of both the Houses; first, this it is that I would advise you in this your proceeding, to preser the most weighty matters first, and not trouble your selves with small matters, and of no weight; and therein also, that all be done to understand the truth, and to avoid all superfluous matters, and losing or driving away of time. Secondly, It is profitable that you my Lords, and all others that be here, consider that long time requireth greate expences, and therefore wish you to make Expendition the rather, to avoid the same. And yet not meaning such Expedition, that any thing needful to be done, should be lightly passed over, and not substantially done, and seen unto; but only I mean that you should settle your selves wholly to mighty matters, and those which be necessary, and to spare superfluous things, and which needeth not; And this is the sum I have to say.

Then the Speaker, and the Knights, Citizens and Burgesses of the House of Commons, having made their low Reverence towards her Majesty, departed to their own House; and the Queen (after the Lord Keeper had by her Majesties Commandment, continued the Parliament unto the Morrow following) returned into her PrivyChamber, and there shifted her, and then repaired to her Barge; and so to the Court. Hactenus ex Memoriali præsato.

On Thursday the third day of October, were three Bills read; of which the last being the Bill for the better Execution of certain Statutes, and for the reformation of certain disorders used in the Law, was read primâ vice, & tunc commissa Archiepiscopo Cantuarien., Duci Norfolciæ, Comiti Mareschall. Angliæ, Comiti Salopiæ, Comiti Wigorniæ, & Comiti Leicester, Episcopo Dunelmen., Episcopo Elien. & Episcopo Carliolen., Domino Cobham, Domino Grey de Wilton, & Domino Haistings, Domino Primario Justiciario Banci Regis, Domino Primario Baroni Scaccarii, & Servienti Carus.

Nota, That this days passages are wholly transcribed out of the Original Journal-Book of the Upper House, as are also the greatest part of the days following; although the whole proceedings of Wednesday foregoing were inserted out of the before-mentioned Anonymous memorial, touching the Speakers presentment and allowance, which I had by me.

Nota also, That the former Bill touching the better Execution of certain Statutes, & 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 Serjeant, being but a meer Attendant upon the same, jointly with the Lords, the only proper and undoubted Members of that Great Council; which is a matter to be observed, because of later days neither the said Assistants nor Attendant, are ever appointed joint Committees with the Lords, as here; but only Commanded by the House to attend upon the Committee, and there to give such advice, as shall be required from 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.

And Nota lastly, That the Parliament was this day continued to Saturday the 5th day of October ensuing; but whether by the Lord Keeper, who (as it seems) at this time sell sick of the Gout, or by the Lord Treasurer, who for a while afterwards was appointed by the Quieens Commission to continue it, according to the usual form and course in such case used, doth not appear in the Original Journal-Book of the Upper House, but is omitted through the negligence of Francis Spilman Esq;, now Clerk of the same House.

On Saturday the 5th day of October (to which day the Parliament had been last continued) two Bills of no great moment, had each of them one reading; of which the second, being the Bill for the taking away Clergy in certain Cases, was read Secundâ vice, & commissa Archiepiscopo Eboracen., Duci Nors., Comiti Huntington, Comiti Leicester, Vice-Comiti Mountague, Episcopo London, Episcopo Dunelmen., Episcopo Lincoln., Domino Clinton, Domino Morley, Domino Wentworth, Domino Willoughby, Domino North, Domino Hunsdon, the two Chief Justices, and the Chief Baron.

Nota That the Judges being meer Assistants, and no Members of the Upper House, were here also made joint Committees with the Lords, which hath never been admitted of in later times.

These two Bills were read, the Lord Keeper by reason of his being sick of the Gout abstaining this day, and a good while after, from the Upper House; and therefore William Lord Marquess of Winchester, Lord Treasurer of England, was Authorized by verbal Commission from the Queen, to supply his place; and accordingly continued the Parliament unto Monday next, being the 7th day of October; the form and manner whereof (although the President be very rare, and of great use) is only entered very briefly in the Original Journal-Book of the Upper House, in these words following.

Hodie dictus Thesaurarius, ex Mandato Dominæ Reginæ, eò quod Dominus Custos Magni Sigilli Podagræ Morbo laboraret, continuavit præsens Parliamentum usq; in diem Lunæ proxim. horâ consuetâ.

Nota, That here the Marquess of Winchester Lord Treasurer of England, did supply the Lord Keepers place in the Upper House, without any Authority given him by Commission under the great Seal; which in like Cases is usual, and therefore it is most probably that her Majesty did by word of Mouth, given him this Commandment or Commission, either in private, or in the presence of some other Lords of the Upper House; which although it be not very usual, yet there want not Presidents of the same nature, as I was assured by Henry Elsing Esq; at this time Clerk of the Upper House, upon Friday the 16th day of April 1630.; and that especially in former times, as of King Edward the third, and others, the Lord Keepers place was (during his absence) for the most part supplied by vertue of the Kings verbal Command; and seldom by Commission.

October the 6th Sunday.

On Monday the 7th day of October, An Act to make void fraudulent Gifts, Bargains and Alienations, made for the deceiving of Creditors, was read primâ vice, and committed to Justice Dyer: Quod nota.

The Lord Treasurer continued the Parliament until the next day at nine of the Clock.

On Tuesday the 8th day of October, the Bill that no man killing any person by misfortune, at twelve score or longer mark, shall therefore forfeit his Lands, Tenements, or Goods, was read primâ vice.

Dominus Thesaurarius continuavit præsens Parliament. usq; in diem Jovis prox. horâ nonâ.

On Thursday the 10th day of October, Three Bills of no great moment, had each of them one reading; of which the last being the Bill that no man killing any person at twelvescore prick, or longer mark, shall forfeit his Goods or Chattels (in which Bill for that it toucheth the Queens Prerogative, it was thought not convenient to proceed further, without her Highness pleasure first known in the same.)

Dominus Thesaurarius continuavit præsens Parliamentum usq; in diem Sabbati prox. hora nona; and so every sitting day until Friday the 25th day of October exclusivè, the Parliament was continued in this Form by the Lord Treasurer, except Monday the 21th day, and Tuesday the 22th day of October; on both which days the House did sit, and Bills were read; but in the Original Journal-Book is no mention of continuing the Court by any person; which seemeth to have happened by negligence of the Clerk: and after the said 25th day of October (on which Sir Robert Catlin Knight, Lord Chief Justice of the Kings Bench, was appointed by her Majesties Commission to supply the place of the Lord Keeper, during his Sickness) it was continued until Saturday the 9th day of November ensuing; when Sir Nicholas Bacon, Lord Keeper of the Great Seal, repaired again to the Upper House, and there continued his place, till the Dissolution of this present Session of Parliament.

On Saturday the 12th day of October, Two Bills of no great moment, had each of them one reading; of which the first being the Bill against fraudulent Gifts of Goods and Chattels, and also a remedy for Creditors against Bankrupts, was Committed to the Lord Chief Justice Dyer, and Justice Southcote, to be by them considered against the next meeting: Quod nota.

October the 13th Sunday.

On Monday the 14th day of October, to which day the Parliament had been last continued by the Lord Treasurer, Two Bills had each of them one reading; of which the first being the Bill for the taking away of Clergy from Pick-Purses, and Cut-Purses, was read Secundâ vice, & commissa and ingrossand.

On Tuesday the 15th day of October, to which day the Parliament had been last continued by the Lord Treasurer, Three Bills had each of them one reading; of which the two first, the one being the Bill to take away the benefit of the Clergy from certain Offenders for some Felonies, for which by the Common Law they could not be denied it, was read tertiâ vice & communi omnium Procerum assensu conclusa. And the other being a Bill for the Confirmation of Fines and Recoveries, notwithstanding the fault of the Original Writ, & majore Procerum numero assentientium conclusa est. And the said two Bills so concluded, were committed unto the Queens Attorney, and Mr Martin, to be carried down to the House of Commons.

On Wednesday the 16. day of October, the Lords did meet in the Parliament Chamber, and nothing done, but the Parliament continued by the Lord Treasurer in usual Form, until Thursday the 17. day of October.

On Thursday the 17. day of October, Three Bills of no great moment, had each of them one reading; of which the first being the Bill to Naturalize John Stafford, born beyond the Seas, was Primâ vice lect. and the third being against fraudulent Gifts of Goods and Chattels, and also a remedy against Bankrupts, was by the consent of all the Lords concluded.

On Saturday the 19. day of October, to which day the Parliament had been last continued, on Thursday foregoing, by the Lord Treasurer, the Bill for the punishment of the negligence and false return of Writs, by under-Sheriffs and Bayliffs; was by common consent of the Lords concluded, and with two other Bills before concluded, was sent to the House of Commons by Serjeant Carus, and the Attorney General.

On Monday the 21. day of October, the Bill for annexing of Hexhamshire to the County of Northumberland, was read primâ vice.

Two Bills were brought up to the Lords from the House of Commons, viz. One to take the benesit of Clergy from certain Offendors, returned exped.; And another to repeal a branch of a Statute made Anno 23 Hen. 8. touching prices of Barrells and Kilderkins.

On Tuesday the 22. day of October, to which day the Parliament had been last continued, two Bills of no great moment, had each of them one reading; of which the second, being the Bill for the annexing of Hexhamshire to the County of Northumberland, was read secundâ vice 5 and committed to the Archbishop of York, the Earl of Northumberland, the Earls of Westmoreland, and Bedford, the Bishop of Durham, the Bishop of Carlisle, the Lord Evers, the Lord Rich, and the Lord North, and to Justice Welsh and Serjeant Carus.

Nota, That here a Judge, being but an Assistant, and a Serjeant, being but an Attendant upon the Upper House, are made Joint-Committees with the Lords; Vt vide plus on Thursday the third day of this instant October foregoing.

Nota also, That an Extraordinary Proxy is Entered in the beginning of the Original Journal-Book of the Upper House, to have been introduced this day, being as followeth, viz.

22 die Octobris introductæ sunt literæ Procuratoriæ Cuthberti Domini Ogle, in quibus Procuratores constituit Franciscum Comitem Bedford, & Johannem Dominum Lumley.

This I call an Extraordinary Proxy, in respect that a Temporal Lord did Constitute two Proctors; whereas usually they nominate but one, and the Spiritual Lords for the most part two; and this Proxy of the Lord Ogle's may the rather seem unusual, in respect that of sixteen Temporal Lords, who were absent by her Majesties Licence from this Session of Parliament, there was but one more, viz. Francis Earl of Bedford (ut vide on Saturday the 9. day of November following) who Constituted above one Proxy.

It is also worth the noting, that Robert Earl of Leicester, being at this time a Favorite, was Constituted the sole and joint Proxy of eight several Temporal Lords, who with six others, as is aforesaid, were absent this Session of Parliament: from which, as also from other Presidents of former and later times, it may easily be gathered, that any Member of the Upper House, by the antient usage and custom of the same, is capable of as many Proxies, as shall be directed unto him, although there was an Order made in the said House to the contrary A. D. 1626. That no Lord or Member whatsoever of the Upper House, should for the time to come, be capable of above two Proxies at the most; which said Order was occasioned in respect that George Duke of Buckingham (Favorite of the King Deceased, and of King Charles) being guilty of many Crimes, did, to strenghten himself by Voices, not only procure divers persons to be made Members of that House, but also engrossed to himself near upon twenty several Proxies.

Vide one other Extraordinary Proxy on Saturday the 9th day of November, and another on Sunday December the first following.

This Forenoon also these twenty Lords under written, were appointed to repair in the Afternoon to the Queens Majesty; viz.
The Archbishop of York.
The Earl of Northumberland.
The Earl of Westmoreland.
The Earl of Shrewsbury.
The Earl of Worcester.
The Earl of Sussex.
The Earl of Huntingdon.
The Earl of Warwick.
Viscount Bindon.
Viscount Mountague.
The Bishop of London.
The Bishop of Durham.
The Bishop of Winchester.
The Lord Cobham.
The Lord Rich.
The Lord Wentworth.
The Lord Pagett.
The Lord Sheffeild.
The Lord Hastings of Loughborough.
The Lord Hunsdon.

The business about which these Lords repaired to the Queen, is not in the Original JournalBook it self of the Upper House, but it may be guessed it was concerning those two great businesses of the Queens Marriage, and the Declaration of the next Heir, and Successor after the Queens Decease, to the Crown; which business bred so much distast afterwards between her Majesty and her Subjects in this Session; so that, as afterwards the Lords did Petition the Queen about it, so now (it should seem) these Lords repaired unto her, either to desire leave to prefer that Petition, and that they might confer with the House of Commons about it, or else to know of her Majesty a fitting time, when they might repair unto her, with their said Petition, and so receive Answer unto it. But what the Queen replied at this time, is hard to be conjectured; only it followeth at large, that on Tuesday the 5th day of November, the Members of both Houses, for that end appointed, repaired to her Majesty in the Afternoon; but whether they then offered up their Petitions unto her Majesty, or whether the House of Commons did at this Session of Parliament, prefer any Petition at all concerning those two great matters aforesaid, is hard to be determined.

No mention is made in the Original JournalBook of continuing the Parliament; which seemeth to have happened by the Clerks negligence.

On Wednesday the 23th day of October, the Bill to repeal a branch of a Statute made Anno 23 Hen. 8. touching the prices of Barrels and Kilderkins, was read Primâ vice.

An Act declaring the manner of making and Consecrating of the Archbishops and Bishops of the Realm, to be good, lawful and perfect, was brought from the House of Commons.

Dominus Thesaurarius continuavit præsens Parliamentum usq; in diem Jovis prox.

On Thursday the 24th day of October, the Archbishop of York, the Lord Treasurer, the Duke of Norfolk, and divers other Lords both Spiritual and Temporal, did Assemble in the Parliament-Chamber, where nothing was done, but only the continuance of the Parliament, until Friday next at ten of the Clock.

On Friday the 25th day of October, the Lord Treasurer signified to all the Lords, that the Queens Highness, considering the decay of his Memory and Hearing, being Griefs accompanying Hoary Hairs, and Old Age; and understanding the Lord Keepers slow amendment, intended to supply both their said defects by Sir Robert Catlin Knight, Chief Justice of the Kings Bench, and shewed forth her Majesties Commission under the Great Seal of England, which the Clerk by Commandment openly read, in hæc verba.

ELizabeth, by the Grace of God, Queen of England, France and Ireland, Defender of the Faith, &c. To our Trusty and well Beloved, Sir Robert Catlin Knight, Chief Justice of the Pleas to be holden before us, Greeting. Where our right trusty and well-beloved Councellor, Sir Nicholas Bacon Knight, Lord Keeper of our Great Seal of England, is at this present sore visited with sickness, that he is not able to travel to the Upper House of this our present Parliament, holden at Westminster, nor there to supply the room and place in the said Upper House amongst the Lords Spiritual and Temporal there Assembled, as to the Office of the Lord Chancellor, or Lord Keeper of the Great Seal of England, hath been accustomed, We, minding the same place and room to be supplied in all things, as appertaineth, have named and appointed you, from day to day, and time to time hereafter, during our pleasure, to use and occupy the place and room of the said Lord Keeper, in our said Upper House of Parliament, amongst the said Lords Spiritual and Temporal there Assembled; and there to do and execute in all things from day to day, and time to time, as the said Lord Keeper of the Great Seal of England, should and might do, if he were there present, using and supplying the same place. Wherefore we will and Command you the said Sir Robert Catlin, to attend unto and about the Executing of the premisses with effect. And these our Letters Patents shall be your sufficient Warrant, and discharge for the same, in every behalf. In Witness whereof we have caused these our Letters to be made Patents. Witness our Self at Westminster the 25th day of October, in the Eighth Year of Our Reign.

Martin.

The Bill to repeal a branch of a Statute made in the 23th Year of Henry 8. touching prices of Barrels and Kilderkins, was read tertiâ vice, and by common consent of all the Lords concluded.

Dominus Capitalis Justiciarius continuavit præsens Parliamentum usque in diem Sabbati proximum.

On Saturday the 26th day of October, the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm, to be good, lawful and perfect, was read primâ vice.

Memorandum, The Lords after deliberate Consultation and advice taken, how to proceed in the great matters of Succession and Marriage, before moved by the House of Commons, did this present day send Serjeant Carus, and Mr Attorney down unto them, to signifie that they would a chosen number should be sent up unto them, for their knowledge to be had of the same. Vide concerning this business on Wednesday the 30th day of October, now next ensuing; as also on Tuesday the 5th day of November following.

Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in diem Lunæ prox.

October the 27th Sunday.

On Monday the 28. day of October, Sir Robert Catlyn Knight, Lord Chief Justice of the Kings Bench (supplying the place of the Lord Keeper, at this time sick of the Gout, as is before-mentioned) with divers other Lords Spiritual and Temporal, met in the Upper House; but nothing appeareth to have been done in the Original Journal of the same House, only the continuance of the Parliament unto Wednesday next following.

On Wednesday the 30. day of October, Two Bills of no great moment, had each of them one reading; of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good, lawful, and perfect, was read secundâ vice.

The Lords whose names are here next after written, were appointed to have Conference with a setled number of the House of Commons, touching Petition to be made to the Queens Highness, as well for the Succession, as for her Marriage, viz.
The Archbishop of York.
The Lord Treasurer.
The Duke of Norfolk.
The Marquess of Northampton.
The Earl of Northumberland.
The Earl of Westmorland.
The Earl of Shrewsbury.
The Earl of Worcester.
The Earl of Sussex.
The Earl of Huntingdon.
The Earl of Warwick.
The Earl of Bedford.
The Earl of Pembroke.
The Earl of Leicester.
Viscount Mountague.
Viscount Bindon.
The Bishop of London.
The Bishop of Durham.
The Bishop of Winchester.
The Bishop of Worcester.
The Bishop of Lincoln.
The Bishop of Rochester.
The Bishop of Coventry and Lichfield.
The Lord Admiral.
The Lord Chamberlain.
The Lord Morley.
The Lord Cobham.
The Lord Grey.
The Lord Wentworth.
The Lord Windsor.
The Lord Rich.
The Lord Sheffeild.
The Lord Paget.
The Lord North.
The Lord Haistings of Loughborough.
The Lord Hunsdon.

It should seem that the Lords had intended at first to have appointed but thirty of themselves, to have joined with the House of Commons, about the foresaid Treaty or Conference, to be had between them, touching the said great matters of Succession and Marriage, however it fell out afterwards, as appeareth by the names above set down, that they appointed more: for it appeareth plainly by the Original Journal-Book of the House of Commons, (although there be no mention at all of it in that of the Upper House) that the Lords did this day send down word unto the House of Commons, by Mr Serjeant Carus, and Mr Attorney, that they had Chosen thirty of themselves, to consult and confer with a Select Committee of the said House, touching the foresaid great business: touching which see more on Tuesday the 5th day of November following.

Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in diem Jovis prox.

On Thursday the 31th day of October, the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm, to be good, lawful and perfect, Commissa est to the Chief Justice of the CommonPleas, Justice Southcote and Attorney General.

The Bill for annexing of Hexamshire to the County of Northumberland, was read secundâ vice.

The House of Commons appointed Sir Edward Rogers Knight, Comptroller of her Highness Houshold, Sir Francis Knolles her Majesties Vice-Chamberlain, Sir William Cecill, her Highness Chief Secretary, Sir Ambrose Cave Knight, Chancellor of her Dutchy of Lancaster, Sir William Peeter, Sir Ralph Sadler, Sir Walter Mildmay Knights, all of her Highness Privy-Council, and divers other Members of the House of Commons, to have Conference with the Lords aforenamed (whose names see on yesterday foregoing) touching those two great matters of the Succession and Marriage, to be dealt in by Petition to her Majesty. As see more at large upon to Morrow ensuing in the Afternoon.

Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in diem Martis 5 die Novembris prox.