The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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THE JOURNAL OF THE House of LORDS.
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.
Nicolaus Bacon Miles, Dominus Custos Magni Sigilli.
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.
Dominus Clinton Admirallus Angliæ.
Dominus Howard Camerarius.
Dominus Dacres de Souch.
Dominus Gray de Wilton.
Dominus Darcie de Chich.
Dominus Haistings de Loughborough.
Dominus St John de Bletsoe.
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.
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.