THE JOURNAL OF THE House of LORDS.
An Exact and perfect Journal of the Passages of the House of Lords,
in the Parliament holden at Westminster, Anno 31 Reginæ Eliz.
Anno Domini 1588. which began there (after one Prorogation of
the same) on Tuesday the 4th Day of February, and then and there
continued until the Dissolution thereof on Saturday the 29th Day of
March, Anno Domini 1589.
Guliel. Cambden, in Annal. Regin. Eliz. edit. Lugdun. Batav. Anno Dom. 1625. p. 511 & 512.
THE Queens Majesty, soon after
that her wonderful and glorious
Victory which God Almighty had
given her Navy over that vainly
stiled Invincible Armado sent against her Realm of England by the Spanish
King, summoned this her High Court of Parliament to begin on Tuesday the 12th day of November that present year 1588 and the 30th
year of her Reign, that so by common Advice
and Counsel she might prepare and provide against the inbred malice of that Prince and Nation, Sir Christopher Hatton Knight her Majesties
late Vice-Chamberlain, being made Lord Chancellor in the room and stead of Sir Thomas Bromley
Knight, who having been sick a great part of
the last Parliament dyed in April following Anno 29 Regin.
Eliz. Anno Domini 1587. But
other occasions of some importance requiring the deferring
of the said Assembly, her Majesty Prorogued the
same in manner and form following.
Memorandum, That whereas the Queens Majesty by her Writ summoned her Parliament to
begin and to be holden at Westminster this present Tuesday being the 12th day of November, her
Highness for certain great and weighty Causes
and Considerations her Majesty specially moving, by the advice of her Privy Council and
of her Justices of both her Benches and other of
her Council learned, did Prorogue and adjourn
the said Parliament until the 4th day of February
next, by virtue of her Writ Patent sealed with
the Great Seal, and bearing date the 15th day of
October last past. Whereupon at this said 12th
day of November the Archbishop of Canterbury,
Sir Christopher Hatton Lord Chancellor, William
Lord Burleigh Lord Treasurer, the Earl of Huntingdon, the Bishop of London and three other
Barons repaired to the Parliament-Chamber commonly called the Upper House, and there in the
presence of the Knights, Citizens and Burgesses
summoned to the said Parliament declared, That
her Highness for divers good causes and considerations her specially moving, by her Highnesses said Writ had Prorogued the said Parliament
from this said first summoned day until the 4th
day of February next. Whereupon the Writ for
the said Prorogation in the presence of all that
Assembly was openly read by the Clerk of the
Upper House in hæc verba.
Elizabetha Dei gratiâ Angliæ, Franciæ & Hiberniæ Regina, fidei Defensor, &c. Prædilectis & fidelibus nostris Prælatis, Magnatibus
& Proceribus Regni nostri Angliæ, ac dilectis &
fidelibus nostris Militibus, Civibus & Burgensibus
dicti Regni nostri ad præsens Parliamentum nostrum apud Civitatem nostram Westmonasterii 12.
die Novembris proximè futuro inchoand' & tenend'
convocatis & electis, & vestrum cuilibet Salutem.
Cùm nos pro quibusdam arduis & urgentibus negotiis, nos, statum & defensionem dicti Regni nostri
Angliæ & Ecclesiæ Anglicanæ concernentibus dictum
Parliamentum nostrum ad diem & locum prædictos
teneri ordinaverimus, ac vobis per separalia Brevia
nostra apud Civitatem & diem prædictum interesse
mandaverimus ad tract and. consentiend. & concludend' super hiis quæ in dicto Parliamento nostro
tunc & ibidem proponerentur & tract arentur;
Quibusdam tamen certis de causis & considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usq; ad & in quartum diem
Februarii prox' futurum duximus Prorogand. It a
quod nec vos nec aliquis vestruin ad dictum duodecemum diem Novembris apud Civitatem prædictam comparere teneamini seu arctemini, volumus
enimvos & quemlibet vestrum erga nos penitus exonerari. Mandantes & tenore præsentium firmiter
injungeudo præcipientes vobis & cuilibet vestrum
& omnibus aliis quibus in hac parte intererit, quòd
ad dictam quartum diem Februarii apud prædictam Civitatem Westmonasterii personaliter compareatis & intersitis, & quilibet vestrum compareat
& intersit ad tract and faciend. agend. & concludend. super hiis quæ in dicto Parliamento nostro
de communi Concilio dicti regni nostri favente
Domino contigerint, ordinari. In cujus rei testimonium has Literas nostras fieri fecimus Patentes.
Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30.
Per ipsam Reginam
On Tuesday the 4th day of February in the 31.
year of her Majesties Reign, to which day the
Parliament had been last Prorogued upon Tuesday the 12th day of November foregoing, and
accordingly now held, The Queens Majesty
was personally present, accompanied by the Lord
Chancellor and divers of the Lords both Spiritual and Temporal; but the Original JournalBook of the Upper House doth not at all mention the presence of any Lords, which happened
through the great negligence of Mr Anthony
Mason at this time Clerk thereof, yet it may be
collected February 8.
The Queen being set under her Cloth of
State, and the Lords placed in their Parliamentary Robes according to their several ranks
and orders, the Knights, Citizens, Barons and
Burgesses of the House of Commons had notice
thereof, and thereupon repaired to the said Upper House, and as many of them as conveniently could being let in, stood before the Rail or
Bar at the nether end thereof. Then Sir Christoper Hatton Knight Lord Chancellor of England, in a Speech which he used, did at large declare the Queens gracious disposition to peace,
and her great wisdom in preserving the same and
singular government of the Realm. Next he
shewed the great benefit which this Kingdom
enjoyed by her government, and remembred
her great Conquest over the Spanish late wonderful Army or Fleet on the Seas, videlicet in
Anno 30 Regin. Eliz. Anno Domini 1588. He
further declared how much the King of Spain
remained bent against this Kingdom. And lastly,
shewed the Cause of calling this Parliament to
be, that by the consent of the most grave and
wise Persons now called together out of all parts
of the Realm, preparation may as far forth by
the Counsel of man as is possible, be made and
provided, that Arms, Souldiers and Money may
be in readiness; and an Army prepared and furnished against all Events.
The Lord Chancellors Speech being ended,
the Clerk of the Parliament read the names of
the Receivors and Triors of Petitions in French,
according to the usual form, which were these.
Receivors of Petitions for England, Ireland,
Wales and Scotland, Sir Christopher Wray Chief
Justice, Sir Gilbert Gerrard Knight Master of the
Rolls, Sir Robert Shute one of the Justices of
Kings Bench, Dr Aubrey and Dr Ford.
Receivors of Petitions for Gascoigne and other
Countries beyond the Seas and the Isles, Sir Edmond Anderson Chief Justice of the Common
Pleas, Sir Roger Manwood Chief Baron, Francis
Windham one of the Justices of the Common
Pleas, Dr Clerk and Dr Cary.
Tryors of Petitions for England, Ireland, Wales
and Scotland, The Archbishop of Canterbury, the
Earl of Darby, the Earl of Worcester, the Earl
of Sussex, the Bishop of London, the Bishop of
Winchester, the Lord Howard of Effingham Lord
Admiral, Lord Cobham, the Lord Grey of Wilton.
Tryors of Petitions for Gascoigne and for
other Countries beyond the Seas and the
The Earl of Oxford great Chamberlain of
England, the Earl of Warwick, the Earl of Pembrook, the Bishop of Salisbury, the Bishop of
Lincoln, the Bishop of Rochester, the Lord
Hunsdon Lord Chamberlain to the Queen, the
Lord Lumley and the Lord Buckhurst.
As soon as the Clerk of the Parliament had
read these names, and had likewise ended other
things of course belonging unto them, viz.
That the first Tryors of England, &c. or any
four of them, calling unto them the Lord Chancellor and the Lord Treasurer and also the
Queens Serjeants, should at their leisure meet
together in the Chamberlains Chamber, and
that the last Tryors of Gascoigne, &c. or any
four of them, calling unto them the Queens Serjeants, the Queens Attorney and Sollicitor,
should hold their place when their leisure did
serve them to meet in the Treasurers Chamber.
Then the Queen continued the Parliament unto
a day to come, which is entred in the Original
Journal-Book of the Upper House in manner
and form following; viz. Ipsa Regina continuavit præsens Parliamentum usq; in diem Jovis prox'
hora secunda post Meridiem.
On Wednesday the 5th day of this instant February, although the Upper House sate not, yet,
was one extraordinary Proxy returned or brought
in unto the Clerk of the said House, as there
had formerly been another of a like nature returned on Monday the third day of the said
Month foregoing, which because it was returned
before the Parliament it self began, and is entred together with that before mentioned in the
beginning of the Original Journal-Book of the
said House, it shall not be much amiss to set
them down both together in this place, in such
manner and form as they are entred in the said
Vacat. 3. die Februarii introductæ sunt Literæ
procuratoriæ Willielmi Assaphen' Episcopi, in
quibus Procuratores suos constituit Johannem
Archiepiscopum Cantuar' & Johannem Episcopum Roffen, & Hugonem Episcopum Bangoren'.
Nota, That though the word vacat be here
placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such
manner and sort as this is transcribed; yet there
doth not appear any reason thereof: for as it may
be collected by the presence of the Lords set
down on Saturday the 8th day of this instant
February following, neither the said Bishop of
St Asaph was present himself after the said Proxy
sent, nor all nor any of his Proctors absent,
nor himself dead, which are only causes of a
5to Die Februarii introductæ sunt Literæ procuratoriæ Johannis Carliolen' Episcopi; in quibus Pro
curatorem suum constitiuit Johannem Archiepiscopum Cantuarien'.
Nota, That these Two Proxies are therefore
called unusual and extraordinary, because these
two Bishops did constitute (the first of them)
three Proctors, and the last of them but one;
whereas for the most part the Spiritual Lords
do nominate two, and the Temporal Lords but
one; which may be collected in part out of the
very Returns of this Parliament: for of five Spiritual Lords that sent their Proxies, three constituted two Proctors a piece, and of seven Temporal Lords not any nominated more than
It is also worth the observation, that the Lord
Burleigh the Lord Treasurer had this Parliament
four several Proxies sent unto him (entred in
the Original Journal-Book of the Upper House
in such order as they be here set down) viz.
from the Lord Dacres, the Earl of Warwick,
Viscount Mountacute and the Lord Lumley.
On Thursday the 6th day of February, to
which day the Parliament had been last continued, the Queens Majesty was personally
present, coming unto the said Parliament in
her accustomed State and Order about three of
the Clock in the Afternoon, it being the time appointed for the House of Commons to present
their Speaker or Prolocutor, whom they had
been authorized to chuse on the last Tuesday
when the Parliament first began. And thereupon accordingly the Queen and Lords being set,
and the said Knights, Citizens and Burgesses of
the House of Commons let into the Upper House,
two of the most eminent Personages of the said
House did lead up to the Bar of the Upper
House George Snagg Serjeant at Law who was
chosen the Speaker or Prolocutor of the said
House of Commons, who being placed at the
said Bar, and silence being made, did in a modest and discreet Speech disable himself by
reason of his many imperfections, and humbly
desired her Majesty to discharge him of that great
place, and to nominate some other more able
and sufficient Member of the said House. Whereupon the Lord Chancellor by commandment
from the Queen did let him know, that her Majesty did very well allow of his choice, and
thereupon encouraged him willingly and chearfully to undertake and execute that charge and
place to which he had been by the free and unanimous consent of the House of Commonselected and chosen. Upon which Speech of the Lord
Chancellor the said Speaker according to the usual course and form rendring all humble thankfulness to the Queens Majesty for her undeserved goodness towards him in conceiving him
able and worthy for the execution of a place of
that great charge and trust, and promising his
care and readiness with all diligence to undergo
the same, he did offer up unto her said Majesty
divers petitions in the name and on the behalf of
the said House of Commons; first, That during
the continuance of this Session, themselves and
their necessary attendants and servants might be
freed from all suits and arrests; secondly, That
they might have free access unto her Majesty upon all urgent and important occasions; and thirdly, That they might have free liberty of speech
in the said House to debate and dispute of such
matters and things as shall be there purposed:
And lastly, He petitioned her Majesty in his own
behalf, that if any thing should be mistaken or
unwillingly omitted by himself, that she would
be graciously pleased to pass by and pardon
the same. To which speech the Lord Chancellor by commandment from the Queen shortly
replied, That her Majesty was graciously pleased
to grant all his said Petitions, and that he the
said Speaker and the House of Commons should
use and enjoy all such liberties and priviledges
as others before them had been accustomed to
use and enjoy in the times of her Majesties most
noble Progenitors, and withal admonishing them
not to extend the said priviledges to any unreverent and misbecoming speech, or unnecessary
accesses to her Majesty.
Nota, That the presence of the Lords is here
omitted, as it was before upon the first day of
this Parliament through the Clerk of the Upper
House his great negligence; where also the foresaid Presentment of the Speaker is but shortly
Then followed the continuance of the Parliament, which is thus entred in the Original
Journal-Book of the Upper House, viz. the Lord
Chancellor by the Queens Commandment continuavit præsens Parliamentum usq; in diem Sabbathi prox' hora octava.
On Saturday the 8th day of February, to which
day the Parliament had been last continued, were
present these Lords Spiritual and Temporal following, viz.
Episcopus Coven'. & Litchf.
Nota, That though the Bishops names are
sometimes placed after the Earls and Viscounts,
as they are commonly in all places where they
are made Committees; yet in all the Journals of
the Upper House where the presence of the
Lords is marked, they are always thus placed on
the dexter side, in respect chiefly of the Archbishop of Canterburies place, which is before all
others next the Prince.
Christopherus Hatton Miles Cancellarius Angliæ.
Dominus Burleigh Dominus Thesaurarius Angliæ.
Comes Darbiæ Magnus Seneschallus.
Dominus Homard Admirallus Angliæ.
Dominus Hunsdon Camerarius.
Dominus Gray de Wilton.
Dominus St John.
Nota, That these names of such Lords as
were present, are supplied here out of the Original Journal Book of the Upper House on the
third day of the Parliament, because it is the
first on which their presence is noted, it having
been omitted in the two foregoing days by the
great negligence of Mr. Anthony Mason at this
time Clerk of the said House.
Two Bills of no great moment had each of
them their first reading; of which the last was
the Bill for the maintenance of Husbandry and
for increase of Tillage.
Dominus Cancellarius continuavit præsens Parliamentum usq; in diem Lunæ prox' hora nona.
On Monday the 10th day of February, to
which day the Parliament had been last continued, were four Bills read; whereof the last being
a Bill concerning Captains and Souldiers was
read secunda vice & commissa Domino Thesaurario,
Marchioni Winton', the Earl of Oxford, the Earl
of Shrewsbury, Lord Steward, the Earl of Kent,
the Earl of Cumberland, the Earl of Sussex, the
Earl of Essex, the Bishop of Winchester, the Bishop of Coven' and Litchf. the Bishop of
the Lord Admiral, the Lord Chamberlain, the
Lord Audley, the Lord Strange, the Lord Cobham, the Lord Grey, the Lord Wentworth, the
Lord Cromwell, the Lord North, the Lord Buckhurst and the Lord Norris, Serjeant Puckering
and Mr. Attorney.
Nota, That here were Attendants of the Upper House and no Members of it, are made joint
Committees with the Lords, which is very usually done in the Parliaments foregoing in the
Reign of this Queen; where also the Judges being but meer Assistants of the said House are often nominated Committees also: Whereas in the
two last Parliaments of her Majesties Reign, viz.
in Anno 39 & Anno 43. and in these latter times
of King James and our present Soveraign his Son,
these are seldom or never nominated as Committees, but only as Assistants to the Committees to
give their advice if they shall be required, and
not otherwise. And though the Clerk of the
Parliament might at some time mistake and err
in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees; yet that he
should so often mistake in so many Parliaments,
and the rather because such Committees are frequently named divers times in sundry of the several Sessions, it is most unlikely and improbable.
On Friday the 14th day of February the Bill
for the more speedy payment of Fines and
Tenths was read prima vice.
Memorand. The Lords Committees brought
in the Bill concerning Captains and Souldiers
with Amendments; and by reason of divers defects in the same Bill, they had framed a new
Bill, which new Bill by the consent of all the
Lords was received and read prima vice.
Two Bills had each of them one reading; of
which the first being a Bill touching Constats of
Original Conveyances made to the Queens Majesty was read secunda vice; And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer, was
read secunda vice & commissa Archiepiscopis Cantuar' & Ebor', Domino Seneschallo, three Earls,
three Bishops, six Barons, Magistro Rotulorum,
Servienti Shuttleworth, Magistro Attornato & Sollicitatori.
Dominus Cobham & Dominus Stafford robis
Parliamentariis induti introduxerunt Dominum
Talbot, eúmq; ad locum suum perduxerunt præeunte Gartiro principali Reg. Armorum, qui etiam
tunica armorum indutus erat.
On Saturday the 15th day of February, to
which day the Parliament had been last continued, three Bills were read; whereof two of
them, the first being a Bill for maintenance of
Houses of Husbandry and Tillage, and the second
being a Bill for Horse-stealing and House-burning were read secunda vice & tunc commissæ Domino Thesaurario, 4 Comitibus, 2 Episcopis, 8
Baronibus, Justiciar' Gawdie, Servienti Puckering, & Sollicitatori Reginæ.
On Monday the 17th day of February, to
which day the Parliament had been last continued four Bills were read; of which the first being a Bill for reformation in excess of Apparel
was read secunda vice & commissa Domino Thesaurario, 3 Comitibus, 2 Episcopis, 6 Baronibus, Servienti Shuttleworth, & Sollicitatori Reginæ. Quod nota.
On Tuesday the 18th day of February, to which
day the Parliament had been last continued, were
four Bills read; whereof the first being a Bill providing remedy against discontinuance in Writs
of Error in the Exchequer and Kings Bench, was
read tertia vice & conclusa, and sent to the House
of Commons by Serjeant Shuttleworth and Dr.
Aubery with three other Bills.
On Thursday the 20th day of February, to
which day the Parliament had been last continued, were four Bills read; of which the first
being a Bill for having Horse-Armour and Weapons was read prima vice.
On Saturday the 22th day of February, to
which day the Parliament had been last continued, were three Bills read; of which the last
being a Bill concerning Captains and Souldiers
was read tertia vice & conclusa, and together
with the two Bills aforesaid sent to the House of
Commons by Serjeant Puckering and Doctor
Three Bills were also sent from the House of
Commons, viz. a Bill concerning Informers; and
two others of no great moment.
On Monday the 24th day of February, to
which day the Parliament had been last continued, were four Bills read; whereof one of
them being a Bill for Writs upon Proclamation
upon Exigents to be Currant within the County
Palatine of Durham, was read secunda vice &
commissa Justiciario Gawdie. Quod nota.
On Tuesday the 25th day of February, to which
day the Parliament had been last continued, were
two Bills read; whereof the first being a Bill
concerning Informers was read prima & secunda
vice & conclusa, and so expedited.
And the second being a Bill for the abridgment
of Proclamations upon Fines to be levied at the
Common Law was read secunda vice, wherein
the Lords finding some imperfections sent down
Serjeant Shuttleworth and Dr Clark to the lower
House, to pray a Conference with some of that
House; which being yielded, the Lords Ordered
for Committees, the Lord Treasurer, the Lord
Steward, the Bishop of Winton, the Lord Cobham, the Lord Buckhurst, and the Lord Chief
Justice of the Common Pleas to attend the
Nota, That here one of the Judges is particularly nominated to attend upon the Lords Committees, which may further prove, that in all
those former places where the Judges or the
Queens Learned Council are named as Committees, it is no Error nor mistake of the Clerk. So
that hence the difference may very well be gathered to be this, That where a Committee of
the Lords was formerly used to be selected out
to meet with another Committee of the House
of Commons, here neither the Judges being but
Assistants, nor the Queens Learned Council being but Attendants of and upon that House,
were ever nominated or appointed as Joint Committees with the Lords, because the very Members of either House only are then admitted to
partake of such matters of weight and secrecy as
they do there commonly confer upon: But when
the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill
that is to pass their House, and especially if the
Bill do concern matter of Law, here it antiently
hath been used, and may still without any prejudice to the honour of that House be continued, that the Kings Learned Council but especially the Judges may be nominated as Committees
alone or as Joint Committees with the Lords;
for in regard that nothing can be absolutely concluded at a Committee, all matters shall still depend upon the resolution of the House, and so
no inconvenience shall ensue thereupon.
After the Committees of both Houses had met,
the Lords Committees proceeded to the Amendment of the Bill, and afterwards this present day
the Bill and Amendments received their second
reading and passed the House, and was sent
down to the House of Commons to be amended
by them, by Dr Carew and Mr Sollicitor.
It appeareth by the Journal-Book, that the
House of Commons having yielded to a Conference, did presently chuse Committees, and sent
them up to the Upper House.
Two other Bills had each of them one reading
in the House, and one Bill was sent up to the
Lords from the House of Commons, all being of
no great moment.
On Thursday the 27th day of February, to
which day the Parliament had been last continued, two Bills of no great moment had each of
them one reading; of which the first being a
Bill for reformation of excess in Apparel was
read secunda vice & commissa uni Comiti & 4