THE JOURNAL OF THE House of LORDS.
The Journal of the Proceedings of the House of Lords, in the Parliament
bolden at Westminster, An. 13 Reg. Eliz. A. D. 1571, which began
there on Monday the 2d day of April, and then and there continued
until the Dissolution thereof on Tuesday the 29th day of May
ensuing.
This Journal of the Upper House
continuing about the space of two
Months, was very carelesly entred
in the Original Journal-Book of
the Upper House, by the Clerk
thereof, who (as it seems) was Anthony Mason
Esq;, succeeding about this time in the said Office of Clerk of the Upper House, unto Francis
Spilman Esq;, who had formerly supplied that
place. But yet by means of a Copious Journal
I had by me, of the Passages of the House of
Commons in this Parliament, taken by some
Anonymous Member thereof, and also of some
Copies I had of the Speeches of Sir Nicholas Bacon, Lord Keeper, at the beginning and conclusion of this said Parliament, this ensuing Journal
is much enlarged. And therefore to avoid confusion, whatsoever is here inserted out of the
said private Journal, is particularly distinguished
from that which is taken out of the above-mentioned Journal-Book of the Upper House, by
some Animadversions or Expression thereof,
both before and after the inserting of it. Neither doth the Original Journal-Book it self of
the Upper House, want some matter of variety,
besides the ordinary Reading, Committing and
passing of Bills, in respect that Sir Robert Catlyn
Knight, Lord Chief Justice of the Kings Bench,
was appointed by her Majesties Commission, under the Great Seal, to supply the Lord Keepers
place (upon occasion of his sickness during some
part of this said Parliament) in the first entry
whereof is set down out of the foresaid Anonymous Journal of the House of Commons, her
Majesties coming to the Upper House, with the
Order and manner of it, the substance also of
which is found, though somewhat more briefly
set down, in the Original Journal-Book of the
same House.
On Monday the second day of April, the Parliament beginning (according to the Writs of
Summons sent forth) her Majesty about eleven
of the Clock came towards Westminster, in the
antient accustomed most honourable Passage,
having first riding before her the Gentlemen
Sworn to attend her Person, the Batchellors
Knights, after them the Knights of the Bath, then
the Barons of the Exchequer, and Judges of either Bench, with the Master of the Rolls, her
Majesties Attorney General, and Sollicitor General; whom followed in Order, the Bishops,
and after them the Earls, then the Archbishop of
Canterbury.
The Hat of Maintenance was Carried by the
Marquess of Northampton, and the Sword by
the Earl of Sussex. The place of the Lord Steward for that day, was supplied by the Lord Clinton, Lord Admiral of England; the Lord Great
Chamberlain was the Earl of Oxenford. And the
Earl Marshal, by Deputation from the Duke of
Norfolk, was the Earl of Worcester.
Her Majesty sate in her Coach in her Imperial
Robes, and a Wreath or Coronet of Gold, set
with rich Pearl and Stones, over her Head; her
Coach drawn by two Palfries, covered with
Crimson Velvet, drawn out, imbossed and imbroidered very richly. Next after her Chariot
followed the Earl of Leicester, in respect of his
Office of the Master of the Horse, leading her
Majesties spare Horse. And then forty seven Ladies and Women of Honour; The Guard in
their rich Coats going on every side of them.
The Trumpeters before the first, sounding; and
the Heralds riding, and keeping their rooms
and places Orderly. In Westminster Church, the
Bishop of Lincoln Preached before her Majesty,
whose Sermon-being done, her Majesty came from
the Church, the Lords all on foot, in order as afore;
and over her Head a rich Canopy was carried all
the way. She being entered into the Upper House of
Parliament, and there sate in Princely and seemly sort, under a high and rich Cloth of Estate; her
Robe was supported by the Earl of Oxenford, the
Earl of Sussex kneeling, holding the Sword on
the left hand, and the Earl of Huntingdon holding the Hat of Estate, and the Lords all in their
Rooms on each side of the Chamber; that is to
say, the Lords Spiritual on the right hand, and
the Lords Temporal on the left.
Nota, That whereas the presence of these
Lords ought here, according to the usual course,
to have been inserted out of the Original Journal-Book of the Upper House, it must of necessity be omitted, in respect that through the great
negligence of Anthony Mason Esq;, at this time
(as it should seem) Clerk of the said House, there
are none of the said Lords noted to have been
present; yet it may be probably guessed who
they were, by those who attended on Wednesday
of this instant April ensuing. Quod vide.
The Judges and her Learned Councel, being at
the Woollsacks in the midst of the Chamber, and
at her Highness Feet, at each side of her kneeling one of the Grooms, or Gentlemen of the
Chamber, their Faces towards her, the Knights,
Citizens and Burgesses all standing below the Bar,
her Majesty then stood up in her Regal Seat, and
with a Princely Grace, and singular good Countenance, after a long stay, spake a few words to
this effect, or thus.
My right Loving Lords, and you our right
faithful, and Obedient Subjects, we in the
name of God, for his Service, and for the safety of
this State, are now here Assembled, to his Glory I
hope, and pray that it may be to your Comfort, and
the common. quiet of our, yours, and all ours for
ever. And then looking on the right side of her,
towards Sir Nicholas Bacon Knight, Lord Keeper
of the Great Seal of England, standing a little
beside the Cloth of Estate, and somewhat back
and lower from the same, she willed him to shew
the cause of the Parliament, who thereupon
spake, as followeth.
The Queens most Excellent Majesty, our
most Dread and Gracious Soveraign, hath
Commanded me to declare unto you, the Causes
of your Calling and Assembly at this time, which
I mean to do as briefly as I can, led thereunto
as one very loth to be tedious to her Majesty,
and also bècause to wise men, and well-disposed
(as I judge you be) a few words do suffice. The
Causes be chiefly two, The one to establish or
dissolve Laws, as best shall serve for the Governance of the Realm. The other, so to consider
of the Crown and State, as it may be best preserved in time of Peace, and best defended in the
time of War, according to the Honour due unto
it. And because in all Councils and Conferences
first and chiefly there should be sought the Advancement of Gods Honor and Glory, as the
sure and infalliable Foundation, whereupon the
Policy of every good Publick Weal is to be Erected and built; and as the streight line, whereby it is principally to be directed and governed,
and as the chief Pillar and Buttress, wherewith it
is continually to be sustained and maintained;
Therefore, for the well-performing of the former touching Laws, you are to consider; first,
whether the Ecclesiastical Laws concerning the
Discipline of the Church, be sufficient or no?
and if any want shall be found, to supply the
same; and thereof the greatest care ought to depend upon my Lords the Bishops, to whom the
Execution thereof especially pertains, and to
whom the imperfections of the same be best
known.
And as to the Temporal Laws, you are to Examine whether any of them already made, be too
sharp or too sore, or over-burthenous to the Subject; or whether any of them be too loose or too
soft, and so over-perillous to the State. For like
as the former may put in danger many an Innocent, without cause, particularly; so the second
may put in peril both the Nocent and Innocent,
and the whole State universally. You are also
to examine the want and superfluity of Laws:
you are to look whether there be too many Laws
for any thing, which breedeth so many doubts,
that the Subject sometimes is to seek how to observe them, and the Councellor how to give advice concerning them.
Now the second, which concerns a sufficient
provision for the Crown and State; herein you
are to call to remembrance, how the Crown of
this Realm hath been many ways charged extraordinarily of late; not possibly to be born by
the ordinary Revenues of the same, and therefore of necessity to be relieved otherwise; as
heretofore it hath commonly, and necessarily
been. For like as the ordinary charge hath been
always born by ordinary Revenues, so the extraordinary charge hath always been sustained by
an extraordinary relief. This to those that be of
understanding is known, not only to be proper
to Kingdoms and Empires, but also is, hath been,
and ever will be a necessary peculiar pertaining
to all Common-Wealths, and private States of
men, from the highest to the lowest; the rules
of reason hath ordained it so to be.
But here I rest greatly perplexed, whether I
ought to open and remember unto you, such
reasons as may be easily produced, to move you
thankfully and readily to grant this extraordinary relief or no: I know the Queens Majesty
conceiveth so great hope of your prudent foreseeing what is to be done, and of your good
wills and readiness to perform that, which by
Prudence you foresee, that few or no perswasions at all are needful for the bringing this to
pass. Nevertheless, because by the antient order
heretofore used, it is my Office and Duty somewhat to say in this Case, and likewise all men
also that be present, neither understand alike,
nor remember alike; Therefore I mean, with
your favour and patience, to trouble you with
a few words, touching this point. True it is,
that there be two things that ought vehemently
to move us, frankly, bountifully, and readily to
deal in this matter. The former is the great benefits, that we have received; the second is the
necessity of the Cause. If we should forget the
former, we are to be charged as most ungrate
and unthankful; and the forgetfulness of the second doth charge us, as uncareful of our own
Livings and Liberties, and of our Lives; the
former moveth by Reason, and the second urgeth
by Necessity. And here, to begin with the former, albeit that the benefits that the Realm hath
received by Gods Grace, and the Queens Majesties Goodness, both for the number and greatness, are such as may be more easily marvelled
at, than worthily weighed and considered; Yet
mean I to remember briefly three of them, whereof the first and chief is restoring and setting at
Liberty Gods holy Word amongst us; the greatest and most precious Treasure that can be in this
World: for that either both, or should benefit
us in the best degree; to wit, our Minds and
Souls; and look how much our Souls excel our
Bodies, so much must needs the benefits of our
Souls excel the benefits of our Bodies; whereby
also, as by a necessary consequent, we are delivered, and made free from the Bondage of the
Roman Tyranny; therefore this is to be thought
of us the most principal benefit.
The second is the inestimable benefit of Peace
during the time of ten whole years together, and
more; and what is Peace? is it not the richest
and most wished for Ornament that pertains to
any publick Weal? Is not Peace the mark and
end that all good Governments direct their actions unto? Nay, is there any benefit, be it never so great, that a man may take the whole
Commodity of, without the benefit of Peace? Is
there any so little Commodity, but through Peace
a man may have the full fruition of it? By this
we generally and joyfully possess all; and without
this generally and joyfully we possess nothing.
A man that would sufficiently consider all the
Commodities of Peace, ought to call to remembrance all the miseries of War; for in reason it
seems as great a benefit in being delivered of
the one, as in the possessing of the other. Yet
if there were nothing, the common and lamentable Calamities and Miseries of our Neighbours
round about us, for want of Peace, máy give us
to understand what blessedness we be in that
possess it. There be that never acknowledge benefits to their value, whilst they possess them,
but when they be taken from them, and so find
their want; marry such be not worthy of them.
Now is it possible, trow you, that this blessed
benefit of Peace could have been from time to
time thus long conserved and conferred upon us,
had not the mind, affection and love, that our
Soveraign bears towards us her Subjects, bred
such care over us in her Breast, as for the well
bringing of this to pass, she hath forborn no care
of Mind, no travel of Body, nor expence of her
Treasure, nor sale of her Lands; no adventuring of her Credit, either at home or abroad? a
plain and manifest Argument, how dear and pretious the safety and quiet of us her Subjects be to
her Majesty. And can there be a greater perswasion to move us to our power to tender the like?
The third is the great benefit of Clemency
and Mercy. I pray you, hath it been seen or
read, that any Prince of this Realm, during
whole ten years Reign, and more, hath had his
hands so clean from Blood? If no offence were,
her Majesties Wisdom in Governing was the
more to be wondered at; and if offences were,
then her Majesties Clemency and Mercy the
more to be commanded. Misericordia ejus super
omnia opera ejus. Besides, like as it hath pleased
God ten years and more, by the Ministry of our
said Soveraign, to bless this Realm with those
two inestimable benefits of Peace and Clemency,
so there is no cause but the same might by Gods
Grace have continued twenty Years longer,
without intermission, had not the Raging Romanist Rebels entertained the matter. And here
it is to be noted, that this Merciful and Peaceful Reign of ten Years and more, hath hapned
in the time of Christs Religion now established.
I cannot think that any man can follow me in
this, in the time of the Romish Religion since
the Conquest. Nay a man might affirm, that this
is an Example for times to come, without any
like in times past; comparing Singula singulis,
what should I say? these be the true Fruits of
true Religion. I could further remember you of
the Fruits of Justice, the benefit of restoring
your Money to Finess; yea, I could put you in
mind, but I think it needs not, it happened so
late, of a Subsidy granted, whereof the Queens
Majesty of her own bountifulness, remitted the
one half; was the like here in England ever seen
or heard of? But being out of doubt, that
these benefits already remembred be sufficient
of themselves to move you to be thankful to
your Power, I leave any longer to detain you in
this point.
And albeit a Subject cannot yield any benefit
to his Soveraign in the same nature that he receiveth it; because every benefit is more than Duty, and more than Duty a Subject cannot yield
to his Soveraign: Yet can it not be denied, but
a Subjects acknowledging of benefits received,
joined with good will to yield as far as Liberty
will reach, doth sufficiently satisfie for the Subject, for ultra a posse non est esse. To your best actions
therefore address ye. And thus much concerning
benefits.
Now to the second part, concerning urging
by Necessity, true it is, that the extraordinary
matters of Charge, happened since the last Assembly here, urging to have by necessity a relief
granted, amongst many others be these. First,
The great Charge in suppressing the late Northern Rebellion, with Charges also in reforming
those the Queens Majesties Enemies in Scotland,
that assisted the Rebels, and made Rodes into England. The continual growing Expences, by reason of Ireland, as in subduing the Rebels within
that Realm, and withstanding the Scots Northward, and other Foreign Forces, intending Invasion Southward. To these three Charges by
Land, you may add a fourth by Sea; as the
preparation and setting forth of Ships, partly for
the defence against all Foreign Forces, suspected
and intended, partly for the safe conducting of
the Wares and Merchandizes in greater strength
and longer cut than heretofore hath been used.
These and such like extraordinary Charges,
whereof there be sundry, with the remains of
old Charges not possible to be born by the ordinary Revenue, and yet of necessity to be expended, do greatly exceed any extraordinary
aid therefore commonly granted. Again, the
great decay of the Queens Majesties Customs, by
reason of stay and alteration of Traffick (albeit
upon just occasion) hath bred no small want;
for although in time it is not to be doubted, but
that will grow again to his old course, and continue with great Surety; Yet in the mean time,
this want must some way be supplied; for you
know the Horse must be provided for, whilst the
Grass is in growing. At the least let us do so
much for our selves, as we do for our Horses.
For our selves it is that are to be relieved in this
Case. This I must needs say, that if the Queens
Majesty did use in matters of Expence, to do
as commonly Princes heretofore have used to do,
then with the more difficulty might such extraordinary aid be assented unto, and yet of necessity to be had, to withstand a greater necessity.
It hath been used in times past, that Princes pleasures and delights have been commonly followed
in matters of Charge, as things of necessity. And
now, because, God be praised, the relieving of
the Realms necessity is become the Princes Pleasure and Delight, a noble Conversion (God continue it, and make us as we ought to be, earnestly thankful for it!) A Princely Example shewed by a Soveraign for Subjects to follow. To descend in some particulars: What need I to remember unto you, how the gorgeous, sumptuous,
superfluous Buildings of time past be for the
Realms good, by her Majesty in this time turned
into necessary Buildings, and upholdings? The
chargeable, glittering, glorious Triumphs, into
delectable Pastimes and Shows? Embassadors of
Charge into such as be void of excess, and yet
honourable and comely? These and such like are
dangerous dams, able to dry up the flowing
Fountains of any Treasure; and yet these imperfections have been commonly Princes Peculiars, especially young. One free from these was
accounted Rara avis, &c. and yet (God be
thanked) a Phœnix, a Blessed Bird of this kind
God hath blessed us with. I think it may be affirmed, and that truly, that there hath not been
any matter of great Charge taken in hand by
her Majesty in this happy Reign of twelve Years
and more, that hath not been thought before
convenient to be done for the Weal and profit
of the Realm; so far her Highness is from spending of Treasure in vain matters, and therefore
the rather how can a man make any difficulty to
contribute according to his Power? specially,
in maintaining of his Sovereign, his Country,
his Self, his Wife and Children, and what not?
having so long a proof by experience, of such
an imployment? Here I would put you in mind
of extraordinary Charges to come, which in reason seems evident, but so I should be over tedious unto you, and frustra fit per plura quod fieri
potest per pauciora. And therefore here I make
an end, doubting that I have tarried you longer
than I promised or meant, or perchance needed,
your wisdoms and good inclinations considered.
But you know things are to be done both in form
and matter. And my trust is, that if I had
stayed, I may be warranted by either, or by
both, that you will take it in good part. Thus
far out of the Copy of this foregoing Speech.
As soon as the Lord Keepers Speech was ended,
then the Clerk of the Upper House, read the names
of Receivers and Tryers of Petitions in French
(whose names are transcribed out of the Original
Journal-Book of the Upper House) and were as
followeth.
Sir Robert Catlin Knight, Chief Justice of the
Kings Bench, Sir William Cordell Knight, Master
of the Rolls, Sir John Widden Knight, one of
the Justices of Sir Richard Read
Knight, and Dr Huick, who were Receivers of
Petitions for England, Ireland, Wales and Scotland.
Receivers of Petitions for Gascoigne, and the
parts beyond the Seas, and the Isles:
Sir James Dyer Knight, Chief Justice of the
Common-Pleas, Sir Edward Saunders Knight,
Lord Chief Baron, Richard Weston one of the
Justices of Welsh one of the Justices of Dr Lewis, Dr Yale, and
Dr Vaughan.
Triers of Petitions for England, Ireland, Wales
and Scotland, The Archbishop of Canterbury,
the Earl of Arundel, the Earl of Sussex, the Earl
of Huntington, the Earl of Bedford, the Bishop
of London, the Bishop of Durham, the Bishop
of Salisbury, the Lord Clinton, the Lord Admiral
of England, the Lord Cobham, the Lord Wentworth, and the Lord North.
Triers of Petitions for Gascoigne, and for other
parts beyond the Seas, and the Isles, The Archbishop of York, the Marquess of Northampton,
the Earl of Shrewsbury, the Earl of Leicester, the
Bishop of Winchester, the Bishop of Worcester,
the Bishop of Lincoln, the Lord Howard of Effingham, Chamberlain of the Queen, the Lord
Windsor, the Lord Hastings of Loughborough, and
the Lord Carie of Hunsdon.
Hodiè retornatum breve quo Edwardus Comes
Oxon. præsenti huic Parliamento summonitus suit,
qui admissus suit and suum in sedendo præheminentiæ
locum, salvo cuiq; jure suo.
The like Writs returned for Henry Earl of
Pembroke, and William Lord Sands.
Hodiè retornatum fuit breve, quo Richardus
Episcopus Carliolen. præsenti huic Parliamento summonebatur, qui admissus fuit ad suum in sedendo
præheminentiæ locum, salvo jure alieno.
On Wednesday the 4th day of April in the Afternoon, but at or about what hour appeareth
not, although it may probably be guessed, that
it was about three of the Clock, her Majesty
with divers Lords Spiritual and Temporal, Assembled in the Upper House, whose names are
marked to have been present this day in the Original Journal-Book of the Upper House, being
as followeth.
Regina.
Archiepiscopus Cantuarien.
Episcopus London.
Episcopus Dunelmen.
Episcopus Winton.
Episcopus Hereforden.
Episcopus Wigorn.
Episcopus Lincolnien.
Episcopus Sarisburien.
Episcopus Meneven.
Episcopus Rossen.
Episcopus Norwicen.
Episcopus Carliolen.
Episcopus Cestren.
Episcopus Assaven.
Episcopus Glocestren.
Episcopus Bangoren.
Episcopus Landaven.
Nicolaus Bacon Miles, Dominus Custos Magni
Sigilli.
Marchio Northampton.
Comes Arundell.
Comes Oxon.
Comes Wigorn.
Comes Sussex.
Comes Southampton.
Comes Bedford.
Comes Pembroke.
Comes Leicester.
Vice-Comes Hereford.
Vice-Comes Mountague.
Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms, noted to be
present this day.
Nota, That the Spiritual Lords are always thus
placed in the Original Journal-Book of the Upper House, on the dexter side, not in respect of
their precedency, but (as it should seem) because the Archbishop of Canterbury the chief of
them is the first Peer of England, and so the residue of the Clergy are placed next after him, in
respect of their Ecclesiastical Dignities. The next
that follow are the Barons, who are placed in
the said Journal-Book in respect of their several
places and precedencies, as followeth.
Barones.
Dominus Clinton Admirallus Angliæ.
Dominus Howard Camerarius.
Dominus Burgavenny.
Dominus Strainge.
Dominus Dacres de Souch.
Dominus Cobham.
Dominus Stafford.
Dominus Gray de Wilton.
Dominus Dudley.
Dominus Lumley.
Dominus Darcie.
Dominus Mountegle.
Dominus Vauxes.
Dominus Windesor.
Dominus Wentworth.
Dominus Burgh.
Dominus Crumwell.
Dominus Evers.
Dominus Wharton.
Dominus Rich.
Dominus Willoughby.
Dominus Paget.
Dominus Darcie de Chich.
Dominus North.
Dominus Shandois.
Dominus Haistings de Loughborough.
Dominus Hunsdon.
Dominus St John de Bletsoe.
Dominus Buckhurst.
Dominus De la Ware.
Her Majesty and the Lords being thus set, the
Knights, Citizens and Burgesses of the House of
Commons, had notice thereof, and thereupon repaired to the Upper House, with Christopher
Wray Serjeant at Law, their lately Elected Speaker,
whose presentation to her Majesty, and allowance by her, being not mentioned in the Original Journal-Book of the said House, are therefore wholly transcribed out of that before-cited
Anonymous Journal, more particularly mentioned at the beginning of this present Journal,
the same also in effect being contained in the Original Journal-Book of the House of Commons,
fol. 10. a.
The said Speaker being led up to the Rail or
Bar, at the lower end of the Upper House, by
two of the most Honourable Personages of the
House of Commons, did there, after three Reverences made, humbly beseech her Majesty, according to the usual course, that albeit he could
not obtain of the Commons (who had Elected
him to be their Speaker) for such causes, as he
had alledged, to be disburthened of that place,
that so some other more fit and able might be
chosen, that yet her Highness would vouchsafe
to have consideration of the greatness of the
Service, and therefore to require them eftsoons
to return to the House, and to make a new
Choice. To which his Petition, the Lord Keeper,
by her Majesties Commandment, Answered and
said.
That as well for that her Highness had understood of him, as for that the Commons had chosen him, his Request could not be granted.
Whereupon the said Speaker being allowed,
he desired to be heard to say somewhat concerning the orderly Government of a CommonWeal, which to be duly done, he said, there
were three things requisite, Religion, Authority,
and Laws. By Religion, he said, we do not
only know God aright, but also how to Obey
the King or Queen, whom God shall assign to
Reign over us; and that, not in Temporal Causes, but in Spiritual or Ecclesiastical; in which
wholly her Majesties Power is absolute. And
leaving all proofs of Divinity to the Bishops, and
Fathers (as he said he would) he prov'd the
same by the practice of Princes within this Realm;
and first, made remembrance of Lucius the first
Christian King, who having written to Elutherius the Pope, 1300. Years past for the Roman Laws, he was Answered, that he had the
Holy Scriptures, out of the which he might draw
to himself, and for his Subjects, Laws by his own
good discreation; for that he was the Vicar of
Christ over the People of Brittain. The Conqueror (he said) in the Erection of Battell-Abby,
granted that the Church should be free from all
Episcopal Jurisdiction.
Henry the Third gave to Ranulph Bishop of
London, the Archbishoprick of Canterbury, by
these words, Rex, &c. Sciatis quod dedimus Dilect. nostro Ranulpho Archiepiscop. Cantuarien.
quem instituimus Anulo & Baculo. The Ring, he
said, was the sign of perfection; The Staff the
sign of Pastoral Rule, which he could not do, if
these Kings had not had and used the Ecclesiastical Powers. In the Reports of the Law, we find
that an Excommunication of a certain person
came from the Pope under his Leaden Bull; and
was shewed in abatement of an Action brought
at the Common Law; which, besides that it was
of no force, the King and Judges were of Mind,
that he who brought it, had deserved Death, so
to presume on any Foreign Authority; which
Authority being now by Gods Grace, and her
Highness means, abolished, and the freedom of
Consciences, and the truth of Gods word established; we therefore ought greatly to thank
God and her.
For Authority, or the Sword, whereby the
Common-Wealth is stayed, three things he said
are requisite; Men, Armour and Money. For
Men, their good wills he said were most, being
of it self a strong Fortress. For Armor, the necessity he shewed in part, and how requisite Treasure was, he a little declared. And concluded,
that all three must be conjoined, Men, Armour
and Mony.
Lastly for Laws, the third stay of the Common-Wealth; he said there must be consideration in making them, and care in Executing of
them; in making such, as by the providing for
one part of the Common-Wealth, the rest should
not be hindred, which were indeed a matter
most pernicious; and this he vouched out of Plato
de legibus. For Execution, he said, that since the
Law of it self is but Mute, set in Paper, not able
to do ought, the Magistrate (except he will be
also Mute) must be the Doer, and then is a good
Law said to be well made, when it is well Executed; for anima legis est executio.
Hereupon he said something in commendation
of her Majesty, who had given free course to
her Laws, not sending or requiring the stay of
Justice, by her Letters or Privy-Seals, as heretofore sometime hath been by her Progenitors
used. Neither hath she pardoned any, without
the advice of such, before whom the Offendors
have been Arraigned, and the Cause heard.
His Oration being ended, he then made four
Petitions; the first, that the Persons, Servants
and Goods of all coming to that Assembly, might
be free from all Arrests. Secondly, That for
Cause of Conference, they might have access to
her Majesty. Thirdly, If any sent should not
truly report, or in part mistake the meaning of
the House, that the same should be by her Highness favourably heard. And lastly, That in the
House all men might have free Speech.
This Oration being ended, by direction from
her Majesty, and instructions given what should
be said, The Lord Keeper Answered thus; dividing his Speech into three parts, the first, where
he had sometimes inserted commendations of her
Majesty, he said, her Highness would not acknowledge so great perfections to be in her;
but said, that they should be instructions for her
better proceedings in time to come. The second
part of his Oration, he said, concerning the Rule,
for ordering of the Common-Wealth, she well
liked of, and wished, that as he had well conceived of it, and well uttered the same, so he
and others would endeavour the Execution
thereof.
For his Petitions, he said, her Majesties Pleasure was, that the first should be granted, with
this caution, that no man should under their
shadows, untruly protect any others. For the
second, he said, at time convenient, her Pleasure was, they should come freely. Touching
the third part, he said, she could not imagine
that among so many wise men it could happen;
but if it should, her Grace would be content to
remit it. The fourth was such, that her Majesty
having Experience of late of some disorder, and
certain Offences, which though they were not
punished, yet were they Offences still, and
so must be accompted; therefore said, they
should do well to meddle with no matters of
State, but such as should be propounded unto
them, and to occupy themselves in other matters, concerning the Common-Wealth.
The Presentment and Allowance of the Speaker
being thus transcribed, out of that often before
vouched Anonymous Journal of the House of
Commons in this Parliament, Now follow the
residue of this days passages, with those also of
other days ensuing, out of the Original JournalBook of the Upper House.
Hodiè returnatum est breve, &c. by which the
Bishop of Exeter was Summoned to this Parliament, who was thereupon admitted to his accustomed place.
The like Writs were returned, whereby the
Lord Paget, and the Lord De la Ware, were Summoned to the said Parliament, who were thereupon admitted.
There is no entrance of the Adjournment, or
continuance of this Parliament, which happened
doubtless through the great negligence of the
Clerk of the Upper House; although it is most
easy to conjecture, that the Lord Keeper did
continue the same, by her Majesties Commandment, unto some hour of the Afternoon following, being Thursday the 5th day of this instant
April.
This day finally (but whether before or after
the rising of the Lords of the Upper House, doth
not appear) were divers Proxies returned, and
delivered in unto the Clerk of the said Upper
House, or to some other belonging unto him; of
which the unusual or extraordinary Proxies, were
only three, and those also all from Spiritual
Lords, which are entred in the Original Journal-Book of the said Upper House, in manner
and form following.
4 die April. Introductæ sunt Litteræ Procuratoriæ
Hugonis Episcopi Landaven. in quibus Procuratores suos constituit Nicolaum, Wigorn. Richard.
Meneven. & Nicolaum Bangor. Episcopos, conjunctim & divisim.
Eodem die Introductæ sunt Litteræ Procuratoriæ Thomas. Episcopi Covent. & Litchf. in quibus Procuratores suos constituit Nicol. Wigorn.
Johannem Salisburien. & Richardum Meneven.
Episcopos, conjunctim & division.
Eodem die Introductæ sunt Literæ Procuratoriæ
Richardi Episcopi Gloucester. in quibus Procuratores suos constituit Nicol. Wigon. Johan. Norwicen. & Willielmum Exonien. Episcopos.
Nota, That I call an extraordinary Proxy, when
a Bishop Constitutes one Proctor, or more than
two, and when a Temporal Lord Constitutes
more than one; for of ten Temporal Lords, who
sent Proxies this Parliament, none appointed
more than a single Proctor, and of seven Spiritual Lords, four Constituted but two Proctors
apiece.
Note also, That the Earl of Leicester had this
Parliament seven Proxies sent unto him, all Entred in the Original Journal-Book of the Upper House, to have been returned on the said
4th day of April; viz. from William Marquess
of Winchester, Edward Earl of Derby, Henry
Lord Berkely, Henry Lord Scroope, George Earl of
Shrewsbury, Edward Lord Dudley, and Ambrose
Earl of Warwick. Vide a like President on Tuesday the 22th day of October, An. 8 Reg. Eliz.
anteá.
On Thursday the 5th day of April, to which
day the Parliament had been doubtless continued
or Adjourned Yesterday, although through the
Clerks negligence it be not at all mentioned
in the Original Journal-Book of the Upper
House.
Two Bills of no great moment, had each of
them one reading; of which the second being
the Bill for the punishment of Collectors, Receivers, &c. for their fraudulent and unjust deceiving of the Queens Majesty in their Offices, was
read primâ vice.
The Bill for the reviving and continuance of
certain Statutes, was read the first time, and
commissa Vice-Comiti Mountague, Episcopo London, Episcopo Hereford, Episcopo Elien. Episcopo
Wigorn. Domino Wentworth, Domino Shandois,
Domino St John de Bletsoe, Domino Primario
Justiciario Banci Regis, Justiciario Welch, & Justic. Southcot.
Nota, That here a Bill was committed upon
the first reading, of which although it be not
very usual, yet there want not divers Presidents.
Vide April the 20th Friday Postea.
Nota also, That here the Judges, being but
Assistants unto the Upper House, are made joint
Committees with the Lords, which is usually
found in all these Parliaments of her Majesties
Reign, until the thirty ninth of the same.
Dominus Custos magni Sigilli adjournavit præsens Parliamentum, until to Morrow at eight of
the Clock.
On Friday the 6th day of April, Three Bills
of no great moment, had each of them one reading; of which the third touching Receivers, &c.
deceiving the Queen of her Treasure, was read
secundâ vice, & commissa to the Earl of Hunt.
the Earl of Bedford, the Earl of Leicester, the
Bishop of Rochester, the Bishop of Salisbury, the
Bishop of Lincoln, the Lord Hastings of Loughborough, the Lord North, the Lord Hunsdon,
and to the Queens Attorney, and Mr Sollicitor.
Nota, That here the Queens Attorney and
Sollicitor, who are but meer Attendants upon
the Upper House, are made joint Committees
with the Lords.
Dominus Custos magni Sigilli adjournavit præsens Parliamentum in diem Crastinum hora nona.
On Saturday the 7th day of April, the Lords
Assembled according to the last Adjournment,
and the Lord Keeper being absent, Dominus
Clinton vicem gerens Senescalli, ex mandato Dominæ Reginæ, continuavit præsens Parliamentum
usq; in diem Lunæ proximum hora nona.
April the 8th Sunday.
On Monday the 9th day of April, Two Bills
had each of them one reading; of which the first
being the Bill against such as shall bring in any
Bulls, &c. was read prima vice, and committed
unto the Earl of Sussex, the Earl of Huntington,
the Earl of Pembroke and others; and to the
Chief Justices of the Common-Pleas, Justice
Southcot, and Justice Carus.
Nota, That the Judges, who were but meer
Assistants unto the Upper House, are here made
joint Committees with the Lords. Vide consimile
Apr. 5. Thursday.
And the second touching Receivers, Collectors, &c. was read the second time, & eisdem
Dominis quibus primò commissa fuit, denuò committitur.
Nota, That this Bill was read before, the second
time, on Friday the 6th day of this instant April
foregoing, and committed, and therefore it should
seem that this Bill was not now read again the
second time, but only some additions or amendments thereunto annexed by the Committees,
and thereupon the Bill was again referred unto
them, to be further considered of.
For that Sir Nicholas Bacon Knight, Lord
Keeper of the Great Seal of England, was sick,
her Majesties Letters Patents were read, Authorizing Sir Robert Catlin, Chief Justice of England,
to supply the place of the said Lord Keeper, at
all times, when the Lord Keeper, during this
present Parliament, shall be absent: The tenor
of which here followeth verbatim.
Elizabeth by the Grace of God, Queen of England, France and Ireland. Defender of the
Faith, &c. To our Trusty and Right Well-beloved
Sir Robert Catlin Knight, Chief Justice of our
Common-Pleas, before us to be holden, Greeting.
Where our Right Trusty and Right Well-beloved
Councellor, Sir Nicholas Bacon Knight, Lord
Keeper of our Great Seal of England, is at this
time so 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 Lord 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 therefore minding the same
place and room to be supplied, in all things as appertaineth, for and during every time of his absence,
have named and appointed you, and by these Presents, do Constitute, name, appoint and authorize
you, from day to day, and time to time, when and
so often as the said Lord Keeper shall happen at any
time or times, during this present Parliament to be
absent from his accustomed place in the Upper
House, to occupy, use and supply the room and place
of the said Lord Keeper, in the said Upper House,
amongst the said Lord Spiritual and Temporal
there Assembled, at every such day and time of his
absence, and then and there at every such time, to
do and execute all such things, as the said Lord
Keeper of the Great Seal of England, should or
might do, if he were there personally present, using
and supplying the same room. Wherefore we will and
Command you the said Sir Robert Catlin, to attend to the doing and Execution of the Premises
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
selves at Westminster, the 9th day of April, in the
Thirteenth Year of our Reign.
Powle.
Nota, That this Commission is in one respect
very exotick, and unusual, because it doth not
only give Authority to the Lord Chief Justice to
supply the Lord Keepers place, until his recovery and return to Parliament, as is ordinary
in other Commissions; but it doth further authorize him to supply the said Lord Keepers
place, at any time during this Parliament, when
he shall be absent, as well as at this present;
whence in this ensuing Journal it is frequent, that
sometimes the Lord Keeper, and sometimes the
Lord Chief Justice, though seldomer, without
any new Commission, do in their several turns
continue the Parliament.
Robertus Catlin Miles, Dominus Capital. Justiciarius Banci Regis, continuavit præsens Parliamentum usq; in diem Crastinum hora nona.
On Tuesday the 10th day of April, Billa de
novo reformata per Dominos, quibus pridie committebatur, touching the bringing in of any Bulls,
or other Writings from the Bishop of Rome, was
read the first time.
The new Bill touching Receivers, Treasurers,
Collectors, &c. defrauding the Queens Majesty
of her Treasure, was read the first time.
The Bill touching the Confirmation of the
Attainder of Charles Earl of Westmerland, Thomas Earl of Northumberland, and others, was
read the first time.
The Lords requested to have Conference with
certain of the House of Commons, touching a
Bill brought to them, concerning matters of Religion, whereupon Committees were appointed;
viz. the Archbishop of Canterbury, the Marquess
of Northampton, and others.
The Lord Keeper continued the Parliament,
usque in diem Crastinum horâ Octavâ.
On Wednesday the 11th day of April, it was
Ordered by the House, that the Lords Committees for the Bill of Bankrupts, may call unto
them such of the House of Commons, and others,
as they shall think good, which may best inform
touching any doubt, or other matter, that may
rise upon the said Bill.
Two Bills also had each of them their second
reading, of which the second being the new Bill
against the bringing in of Bulls, was read the
second time, & commissa Justiciario Southcot.
Dominus Capitalis Justiciarius, &c. continuavit
præsens Parliamentum usq; in diem Crastinum hora
nona.
On Thursday the 12th day of April, the Bill
against Receivers, Treasurers, &c. was read
tertiâ vice, & conclusa, and sent to the House of
Commons, by Dr Lewis, and Dr Huick.
Two Bills also had each of them one reading,
of which the first being the Bill for the avoiding,
of srudulent Deeds, and Gifts, &c. was read
primâ vice.
Dominus Custos magni Sigilli continuavit præsens Parliamentum in diem Sabbathi hora Octavâ.
On Saturday the 14th day of April, a Bill concerning the Commission of Sewers, was brought
from the House of Commons, and read primâ vice.
Then the Parliament was continued by the
Lord Chief Justice, &c. unto Thursday next horâ nonâ.
On Thursday the 19th day of April, to which
day the Parliament had been last continued on
Saturday foregoing, Three Bills of no great moment, had each of them one reading; of which
the first being the Bill that the consent and Exemplification of Letters Patents, shall be as good
and available as the Letters Patents themselves,
was read primâ-vice, & commissa Domino Dier
Justiciario, & Justiciario Southcot.
Then the Parliament was continued in ordinary form by the Lord Keeper of the Great Seal,
unto to Morrow horâ nonâ.
On Friday the 20th day of April, Five Bills
had each of them one reading; of which the
first being the Bill against bringing in of Bulls
from the See of Rome, was read the second time,
& commissa ad ingrossandum, it was read secundâ
vice antea, and it seems now some Additions were
only read.
The Bill against sraudulent Gifts, Alienations,
&c. was read the first time, and thereupon committed unto the Earl of Sussex, Viscount Hereford, and other Lords, and to the Lord Chief
Justice Dier, and Justice Southcot. Vide Apr. 5th antea.
Another Bill committed upon the first reading.
The Parliament was continued in ordinary
form by the Lord Keeper of the Great Seal, unto to Morrow horâ nonâ.
On Saturday the 21th day of April, Two Bills
of no great moment, had each of them one reading; of which the first being the Bill against the
bringing in and putting in Execution of Bulls,
Writings, or Instruments, and other superstitious things, from the See of Rome, was read tertiâ vice, & Communi omnium procerum assensu conclusa, and sent to the House of Commons by Sir
Richard Read Knight, and Dr Yale.
The Bill against fraudulent Gifts, Alienations,
&c. was read primâ vice, but it should rather
seem, That this Bill was read secundâ vice, in respect that it had its first reading before on Friday
the 20th day of this instant April; and being
then committed, was either now upon the bringing in of it again by the Committees, read the
second time; or else some Additions or Amendments thereof annexed unto it, by the said Committees, were now read the first time, and not
the Bill it self; but whether it were th'one or
the other, it may easily be conjectured, that
this Bill was dashed in the House, upon the said
reading this Forenoon; for on Wednesday the
25th day of this instant April ensuing, a new Bill
(as is very probable) with this very Title, had
its first reading.
The Bill for Commissions of Sewers, was committed unto the Earl of Bedford, the Bishop of
Worcester, the Bishop of Ely, the Lord Admiral,
the Lord Burleigh, the Lord Rich, the Lord ......
the Lord Darcie, de Dethick, and unto Justice
Southcot.
Nota, That the Bill here committed, is not
mentioned to have had any reading at this time,
although it were most probable, that this commitment had reference to the second reading of
the Bill in the Morning Yesterday, notwithstanding that the second reading thereof be there omitted, as a matter of no great moment, which is
a thing both likely and usual; neither do there
want Presidents of this nature in the very next
Session of Parliament ensuing, in An. 14 Reg.
Eliz. where divers Bills are referred to Committees, although there be no mention made of any
reading they had: Ut vide on Wednesday the
28th day of May, on Wednesday the 4th day, on
Tuesday the 9th day of June, in anno Prædicto.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Mercurii prox. horâ
Octavâ.
On Wednesday the 25th day of April, Three
Bills of no great moment, had each of them one
reading; of which the first being the Bill for
the Confirmation of the Attainder of Charles Earl
of Westmerland, Thomas Earl of Northumberland,
and others, was read secundâ vice, & commissa
ad ingrossandum.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crast. horâ nonâ.
On Thursday the 26th day of April, Three
Bills of no great moment, had each of them one
reading; of which the third being the Bills for
avoiding of fraudulent Gifts, was read secundâ
vice, and committed to the Earl of Sussex, Viscount Hereford, and others, and to Serjeant
Barham, and the Queens Sollicitor.
Dominus Custos magni Sigilli continuavit præsens
Parliamentum usq; in diem Sabbathi prox. horâ nonâ.
On Saturday the 28th day of April, Five Bills
of no great moment, had each of them one reading; of which the fourth being the Bill for the
Confirmation of the Attainder of Charles Earl of
Westmerland, Thomas Earl of Northumberland,
and others, was read tertiâ vice, & conclusa. And
the fifth and last, being the Bill for the reviving
and continuance of certain Statutes, was read
tertiâ vice, & conclusa, and sent to the House of
Commons by Serjeant Barham, and the Queens
Sollicitor.
Dominus Custos magni Sigilli continuavit præsens
Parliamentum usq; in diem Lunæ prox. horâ nonâ.
April the 29th Sunday.
On Monday the 30th day of April, Four Bills
of no great moment, had each of them one reading; of which the second being the Bill against
Usury, was read the second time, and commited
ted unto the Archbishop of Canterbury, the Earl
of Sussex, the Earl of Huntington, the Earl of
Leicester, the Bishop of Winchester, the Bishop
of Worcester, the Bishop of Chichester, the Bishop
of Lincoln, and others; and to Serjeant Barham,
and the Sollicitor General.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crastinum horâ
Octavâ.