The Journals of Parliaments, Journal 17

The Journals of Parliaments · Journal 17

p. 375THE JOURNAL OF THE House of LORDS.

An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster, Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29^th Day of October (after two Several Prorogations thereof) and then and there continued until it was at length Dissolved on Thursday the 23^th Day of March, Anno 29 Reginae ejusdem.

THE Journal of this Parliament both in respect of the greatness of the matter handled in it, being the business of Mary Queen of Scots, as also of the many rare Precedents which happened in the Carriage of it, the Queens Person being represented and the Lord Chancellors place supplied by others, with the Adjournment and re-assembling again of the same, somewhat extraordinary, is and ought to be esteemed most worthy of observation. And it is most plain that this Parliament was at the first (beyond the Queens own expectation) summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Vide de tota ista materia in Annal Eliz. à Guliel. Camd. script. edit Lugdun. Batav. An. Dom. 1625. à pagin. 432. ad pagin. 472.Majesties life, of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted, and afterwards Judicially pronounced to have been in a high nature guilty. But yet her Majesty not satisfied with her so just a Tryal and Attainder, assembled the Parliament on purpose, that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm. And that this great Council of the Kingdom was merely called together at this time about this business is most plain, because the last Prorogation of ths former Parliament holden in Anno 27 Regin. Eliz. Anno Dom. 1584. was from the 26^th day of April Anno 28 Regin. Eliz. Anno Dom. 1586. unto the 14^th day of November then next ensuing: But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem, the former Parliament was dissolved on Wednesday the fourteenth day of September following, in the 28^th year of her Majesty; And this new one Assembled on Saturday the 29^th day of October immediately after ensuing: At which time the Queen came not to the Upper House in Person, but was represented by three Commissioners; not as her Majesty afterward professed, Gul. Camd. in Annal. Eliz. supracitatis pag. 468. line is 1, 2, 3.because she feared the Violence of any Assassinte; but because she abhorred to be an hearer of so foul, and unnatural a conspiracy plotted against her by the Scottish Queen, a Kinswoman so near to her Highness; Yet by this means her absence doubtless drew on the greater safety; and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived, and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion, the Security of her Majesties Life, and the safety of p. 376these Realms. Which matters the Lords of the Upper House did so seriously intend, as that in this first meeting in this present Parliament, which lasted from the foresaid 29^th day of October being Saturday, unto the second day of December next following being Friday, it appeareth not in the Original Journal-Book of the Upper House, that any one Bill publick or private was read, or so much as once treated of.

This Parliament was summoned to have begun on Saturday the 15^th day of October Anno 28 Regin. Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving, did prolong and adjourn the said Parliament unto Thursday being the 27^th day of the said Month of October, by vertue of a Writ under the Great Seal dated the eighth day of this present October; whereupon on the said 15^th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House, and there in presence of divers Lords Spiritual and Temporal the Knights, Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27^th of the said Month, and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House.

Upon the said 27^th day of October Sir Thomas Bromley Knight Lord Chancellor of England, and divers Lords with a good number of the House of Commons met again in the Parliament Chamber, and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following, being the 29^th day of this present October.

On which said 29^th day of October the Parliament held accordingly, and the Lords in the Afternoon repaired to the Upper House, and there placed themselves according to their several Degrees; Upon which the Knights, Citizens and Burgesses having notice that the Lords expected their presence, repaired to the said House, and being let in as many as could conveniently, Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly, that her Majesty was so hindred by great and urgent occasions as she could not be present, yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament. Whose names are entred in the Original Journal-Book of this Parliament in manner and form following.

Regina representata per Commissionarios, viz.

Archiepiscopum Cantuariensem.

Dominum Burleigh Thesaurarium, &

Comitem Darbiae Magnum Seneschallum.

All the Lords then present were these following.

Archiepiscopus Cantuarien.

Thomas Bromley Miles Dominus Cancellarius.

Archiepiscopus Eboracen.

Dominus Burleigh.

Dominus Thesaurarius Angliae.

Comites.

Comes Oxon Magnus Camerarius.

Comes Kantiae.

Comes Darbiae Magnus Seneschallus.

Comes Wigorn.

Comes Rutland.

Comes Cumberland.

Comes Sussex.

Comes Pembrook.

Comes Hartford.

Comes Lincoln.

Vicecomes Mountague.

Episcopi.

Episcopus London.

Episcopus Dunelmen.

Episcopus Winton.

Episcopus Bathon. & Wellen.

Episcopus Sarisburien.

Episcopus Roffen.

Episcopus Exon.

Episcopus Cestren.

Barones.

Dominus Howard Admirallus.

Dominus Aburgavenny.

Dominus Zouch.

Dominus Barkley.

Dominus Morley.

Dominus Dacres.

Dominus Cobham.

Dominus Stafford.

Dominus Grey de Wilton.

Dominus Lumley.

Dominus Stourton.

Dominus Darcie.

Dominus Sandes.

Dominus Windsor.

Dominus Wentworth.

Dominus Borough.

Dominus Cromwell.

Dominus Evers.

Dominus Rich.

Dominus Willoughby de Parham.

Dominus Darcie de Chiche.

Dominus Shandois.

Dominus S^t John.

Dominus Buckhurst.

Dominus Delaware.

Dominus Compton.

Dominus Cheney.

Dominus Norris.

p. 377The Lords being all set in this Order in their Parliament-Robes, and the Judges placed, with other Attendants and Assistants of the Upper House, being also before the said Lords Commissioners had taken their places on the right side of the Chair of State, the Lord Chancellor shewed forth the Queens Majesties Letters Patents, by which She committed full Power to the Archbishop of Canterbury, the Lord Burleigh Lord Treasurer of England, and the Earl of Darby, to supply her place in the said Parliament, which were as followeth: viz.

Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent, & Milites, Cives & Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt, praesso essent, & jam universt tam Proceres quàm Communes Reginae adventum expectarent; Thomas Bromley Miles Dominus Cancellarius exponit omnibus, Regiam Majestatem maximis & urgentissimis causis adeò esse impeditam, ut non queat impraesentiarum commodè interesse ut decreverat. Nihilominus inquit, sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati & Metropolitano, ac praedilecto & fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae, ac charissimo Consanguineo suo Henrico Comiti Darbiae, ad facienda nomine suo omnia & singula quae in dicto Parliamento gerenda essent; ut per easdem Liter as Patentes … apparet, quas hiis dictis Dominus Cancellarius Clerico Parliamentar. publicè legendas tradidit. Earum autem tenor sequitur in haec verba.

ELizabetha Dei graetiâ Angliae, Franciae & Hiberniae Regina, fidei Defensor, &c. Omnibus ad quos praesentes Literae pervenerint, Salutem. Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis & urgentibus negotiis nos, statum & defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen. quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster. 29^o die instant. mensis Octobris teneri ordinavimus; quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse, nos de circumspectione, sideliate & industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat. & Metropolitan. ac praedilecti & fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae, ac charissimi Consanguinei nostri Henrici Comitis Darbiae, plenam fiduciam reportand. eisdem Archiepiscopo, Willielmo Domino de Burleigh & Henrico Comiti Darbiae, & duobus eorum ad Parliamentum praedictum nomine meo inchoand. & tenend. negotiá que praedict. exponend. & declarand. ac exponi & declarari faciend. necnon in negotiis illis & Parliamento praedicto, ac omnibus & sin gulis in eo procedend. & ad faciend. omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen. ibid. fuerint faciend. necnon ad Parliamentum illud, si necesse fuerit, continuand. adjournand. & prorogand. de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem. Dantes ulteriùs de assensu ejusdem Concilii nostri tam universis & singulis Archiepiscopis, Episcopis, Comitibus, Vicecomitibus, Baronibus & Militibus quàm omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur. similit. tenore praesentium firmiter in Mandatis, Quòd eisdem Archiepiscopo, Willielmo Domino Burleigh, & Henrico Comiti Darbiae, & duobus eorum intendant in praemissis in fornia praedicta. In cujus rei testimonium has Literas nostras sieri fecimus Patentes. Teste meipsa apud Westmonasterium vicesimo octavo die Octobris, Anno Regni nostri vicesimo octavo.

Per ipsam Reginam, &c.

The Letters Patents foregoing being read, the said three Lords Commissioners leaving their own places, went to a Seat prepared for them on the right side of the Chair of State beneath the steps. Then the said Lord Chancellor going first to the said Lords, and conferring a while with them, went to his accustomed place, and there made intimation of the Cause of this present Summons of Parliament; which, as he said, were no usual Causes, not for making of Laws, whereof her Majesty thought there were more made than were duly executed, nor for Fifteenths and Subsidies, although there were some cause; yet her Majesty would not charge her loving Subjects so far at this time: But that the cause was rare and extraordinary, of great weight, great peril, and dangerous consequence. Then he declared, what dangerous practices had been contrived of late, and how miraculously the Providence of God had by discovery thereof, beyond all humane Policy, preserved her Majesty, the destruction of whose Sacred Person was most traiterously compassed and imagined. Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates; and said, That although some of them had suffered according to their demerits, yet one remained that by due course of Law had received her Sentence, which was the chief cause of this Assembly, and wherein her Majesty required their faithful advice; and therefore, said he, you may orderly proceed therein. And you of the House of Commons are to make present choice of some one amongst you to be your Speaker. and to present him unto the Lords Lieutenants as soon as conveniently you may.

Assoon as the Lord Chancellor had ended his Speech, the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French, which were as followeth.

Receivors of Petitions for England, Ireland, France and Scotland, Sir Christopher Wray Knight Lord Chief Justice, Sir Gilbert Gerrard Knight Master of the Rolls, Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford.

Receivors of Petitions for Gascoigne and other p. 378Lands and Countries beyond the Seas, and of the Isles, Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas, Sir Roger Manwood Knight Lord Chief Baron, Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary.

Tryors of Petitions for England, Ireland, Wales and Scotland, the Archbishop of Canterbury, the Earl of Darby Lord High Steward of England, the Earl of Rutland, the Earl of Essex, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Lord Howard of Essingham Lord High Admiral of England, the Lord Cobham, the Lord Grey of Wilton.

Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles, the Archbishop of York, the Earl of Oxford great Chamberlain of England, the Earl of Warwick, the Earl of Pembroke, the Bishop of Durham, the Bishop of Lincoln, the Bishop of Rochester, the Lord Hunsdon Chamberlain to the Queen, the Lord Lumley, and the Lord Buckhurst.

Assoon 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 and the Queens Attorney and Sollicitor, should hold their place when their leisure did serve them to meet in the Treasurers Chamber. Then the Lords Lieutenants adjourned the Parliament until Monday next following.

This day were divers Proxies returned, of which the Extraordinary ones were these that follow.

29^o die Octobris introductae sunt Literae procuratoriae Marmad. Episcopi Meneven. in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London, & Thomam Episcopum Wintonien.

Item introductae sunt Literae procuratoriae Willielmi Episcopi Cestren. in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien.

Item introductae sunt Literae procuratoriae Hugonis Episcopi Bangor. in quibus Procuratores suos constituit Johannem Episcopum Cantuarien. & Willielmum Dominum Burleigh Thesaurarium.

Item introductae sunt Literae procuratoriae Johannis Episcopi Carliolen. in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor.

Nota, That these were all the Extraordinary or unsual Proxies that are entred in the Original Journal-Book of the Upper House to have been returned this Parliament: For whereas the Spiritual Lords do for the most part constitute two Proctors, and the Temporal Lords but one, and those likewise of their own Order, here the Bishop of S^t Davids nominated three, the Bishops of Chester and Carlisle but one apiece, and the Bishop of Bangor did constitute the Lord Burleigh Lord Treasurer of England his Joynt Proctor with John Bishop of Canterbury, which I take to be the only Precedent with two others in Anno 5 Eliz. during all the Parliaments of Queen Elizabeth's Reign, where a Spiritual Lord did nominate a Temporal for his Proctor, or a Temporal Lord a Spiritual, although in the Reign of Queen Mary and other times more ancient it was very usual and ordinary.

On Monday the 31^th of October her Majesties Person was represented (as it had been on the first day of this Parliament) by three Commissioners, viz. the Archbishop of Canterbury, the Lord Burleigh Lord Treasurer of England, and the Earl of Darby great Steward of England, who were stiled the Lords Lieutenants.

These with divers other Lords, both Spiritual and Temporal, being fet in their Parliamentary Robes in the Upper House, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon with John Puckering Serjeant at Law (who had been Speaker also the last Parliament) their now Prolocutor repaired thither; and being (as many as conveniently could) let in, the said M^r Speaker was led up by two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the said Upper House, who being there placed, and having, according to the usual course, desired himself to be excused, that so the House of Commons might make choice of some other more able Member amongst themselves, it was not allowed, but his former wise and discreet behaviour the last Parliament in the Execution of this very place was alledged and much commended.

Whereupon the said M^r Speaker having made humble reverence and in very discreet and good manner, submitted himself to the undertaking of the said Prolocutorship, did in the end of his Speech make divers petitions of course for freedom of Speech, freedom of Access to her Majesty, and freedom from Arrests and Suits in the Name of the House of Commons; and lastly for pardon for himself, if he should unwittingly erre in the report or carriage of any thing. Whereunto the Lords Commissioners by the Lord Chancellor answered, That the said House of Commons and himself should enjoy and use such Priviledges as others in the times of the Queen her Noble Progenitors had accustomed to use and enjoy.

Nota, That it doth not appear by the Original Journal-Book of the Upper House, whether the Speaker were presented in the Forenoon or in the Afternoon.

Dominus Cancellarius continuavit praesens Parliamentum us que in diem Veneris prox. horâ octavâ.

On Friday the 4^th day of November the Lords Spiritual and Temporal being Assembled, the Lord Chancellor continued the Parliament unto the next day at eight of the Clock.

p. 379On Saturday the 5^th day of November the Lord Chancellor declared unto the Lords the foul and indirect dealings practised by the Queen of Scots against her Majesty and the whole Realm, notwithstanding so many great benefits and favours which the said Queen of Scots had received of her Majesty; the which matter by William Lord Burleigh Lord Treasurer of England, as one unto whom the said Queen of Scots whole proceedings were better known by reason of his long Service done unto our most gracious Soveraign Lady since the beginning of her Reign, were more fully dilated.

Dominus Cancellarius continuavit praesens Parliamentum us que in diem Lunae horâ octavâ.

On Monday the 7^th day of November while the Lords were debating the matter of the Queen of Scots, the House of Commons came up and desired a Conference with some of the Lords of this House, what number it should please them to appoint, about the great matter of the Queen of Scots already opened unto them. Whereupon the Lords chose out to the number of twenty one, viz. the Archbishops of Canterbury and York, the Lord Treasurer, the Lord Steward, the Earl of Northumberland, the Earl of Kent, the Earl of Rutland and the Earl of Sussex: the Bishop of London, the Bishop of Durham, the Bishop of Winchester and the Bishop of Worcester; the Lord Admiral, the Lord Chamberlain, the Lord Cobham, the Lord Grey, the Lord Lumley, the Lord Shandois, the Lord Buckhurst, the Lord de la Ware and the Lord Norris.

Dominus Cancellarius continuavit praesens Parliamentum us que in diem crastinum horâ nonâ.

On Tuesday the 8^th day of November nothing was done, but the Parliament was by the Lord Chancellor continued us que in diem crastinum horâ nonâ.

On Wednesday the 9^th day of November were read divers Letters as well of Anthony Babington to the Queen of Scots, as of the said Queen of Scots to the said Anthony Babington, Charles Paget and others.

The Sentence also pronounced by the Commissioners against the Queen of Scots was read.

A form of a Petition agreed upon by the Committees of both Houses was read.

Dominus Cancellarius continuavit praesens Parliamentum us que in diem crastinum horâ nonâ.

On Thursday the 10^th day of November the Lords Committees made report unto the whole House, that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded, openly read unto them, after long deliberation and consultation had betwixt them both publickly and privately, they all with one assent allowed the same Sentence to be just, true and honourable, and that they humbly desired their Lordships to make choice of such number of Lords as their Lordships should think meet, to joyn with them in Petition to her Majesty. Whereupon their Lordships made choice of the said Lords following, viz. the Lord Chancellor, the Lord Treasurer, the Lord High Chamberlain, the Lord Steward, the Earl of Northumberland, the Earl of Kent, the Earl of Rutland, the Earl of Sussex, the Earl of Pembroke and the Earl of Hartford, the Lord Chamberlain, the Lord Abergavenny, the Lord Zouch, the Lord Morley, the Lord Cobham, the Lord Grey, the Lord Lumley, the Lord de la Ware and the Lord Norris.

Memorandum, That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll, the which the Lords thought better to defer until her Majesties liking or misliking were first had of the same.

Dominus Cancellarius adjournavit praesens Parliamentum us que in diem Martis prox. horâ nonâ.

On Tuesday the 15^th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness, and that her Majesties Answer was in so eloquent and goodly sort, and with words so well placed, that he would not take upon him to report it as it was uttered by her Majesty, but that the effect was, that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shewed to have of her safety; and were it not in respect of them and of the state of the Realm and maintenance of the true Religion, she would not..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person, and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often, and from so great perils. Her Highness concluded, it was a Cause of great moment, and required good deliberation, and that she could not presently give Answer unto them, but that her Highness would shortly deliver it to some of her Privy Council, which should declare unto them her Highnesses mind. And thus her Highness answered.

This day further the Lord Chancellor signified unto the Lords, that on Monday her Majesty commanded him to require the Lords to advise amongst them, if some other course might be taken without proceeding to the extremity of Execution, which her Highness could better like of, if any such might be found, and that her Highness looked for Answer from their Lordships.

Nota, That the whole entrance of this days business, viz. the Lord Chancellors Report of the Queens Answer, is crossed in the Original Journal-Book, but remaineth as legible as any other part, except a few interlined words; but by the whole course following, that ought to stand which is crossed, for without that the business following hath no coherence with the premisses.

Dominus Cancellarius adjournavit praesens Parliamentum us que in diem Sabbati prox. horâ consuetâ.

p. 380Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum us que in diem Martis prox. horâ nonâ.

On Tuesday the 22^d day of November after many Speeches which tended all to one effect, which was, that their Lordships in their opinions could not find any other way than was already set down in their Petition: then the Lords agreed that the matter should be put to the question; and being particularly asked every one his several voice, answered with one Consent, that they could find no other way.

The House of Commons came up, and desired the Lords to be content to appoint some of the Lords to confer with them upon the Answer that was to be made to her Highness, and to deliver the same to her Majesty. Whereupon the Lords made choice of these Lords following, viz. the Archbishops of Canterbury and York, the Lord Treasurer, &c.

And the said Lords upon Conference had with the Committee of the Lower House made report, that the like question was propounded to them of the House of Commons, and that they Answered all with one consent, no man gainsaying, that they could find none other way. Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty, That having often conferred and debated of that question according to her Highness Commandment, they could find none other way than was set down in the Petition. Which Answer for the Lords was delivered unto her Majesty by the Lord Chancellor, and for the Commons by their Speaker at Richmond on Thursday the 24^th day of November.

Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox. horâ nonâ.

On Friday the 25^th day of November the Lord Chancellor delivered her Maiesties Answer to the Lords to the last resolution; the Effect whereof was as followeth, viz.

If (said her Highness) I should say unto you that I mean not to grant your Petition, by my faith I should say unto you more than perhaps I mean. And if I should say unto you that I mean to grant your Petition, I should then tell you more than is fit for you to know. And thus I must deliver you an Answer Answerless.

Whereas on the 7^th day of this instant Month of November whilst the Lords were in Consultation about the great matter of the Queen of Scots, the Chief and only Cause of the Summons of this Parliament, they of the House of Commons came up and desired Conference with some of the Lords of this House, what number it should please their Lordships to appoint touching the said great cause, which, as they affirmed, had been opened and declared unto them: Whereupon the Lords made choice of divers Lords (whose names see at large on Munday the 7^th day of this instant Month of November foregoing) And to attend the said Lords were appointed the Lord Chief Justice of the Common-Pleas, the Lord Chief Baron and Justice Gawdie, the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon; and after often meeting and long Conferences had, they agreed upon a form of Petition, which by both the Houses should be presented unto her Majesty. And that Choice should be made of a certain number of either House to prefer the same unto her Highness. Which being reported to this House, the Lords liked very well thereof; And thereupon made Choice of divers Lords, whose names see at large on Thursday the 10^th day of this instant November foregoing.

And they of the House of Commons appointed their Speaker and all the Privy-Council of that House, and so many others as in all with the Privy-Council made up the Number of 42. Persons, to join with the said Lords.

And they altogether understanding first her Majesties pleasure for the time of their repair to her Highness presence, (which was signified to be on Saturday the 12^th day of November,) the Lord Chancellor in the name of the Lords, and the Speaker in the name of the House of Commons declared unto her Majesty, That both the Lords and Commons after often Conferences and long consultation had, concluded to be humble Suitors unto her Majesty by way of Petition; the effect whereof was then at good length opened unto her Majesty by the Lord Chancellor and Speaker, and the Petition thereupon delivered unto her Majesty in writing. And where it was before desired by them of the said House of Commons, that presently upon the Agreement of the Form of the Petition it might be entered into the Rolls of the Parliament, the Lords thought it better to stay the enterance thereof until it were presented unto her Highness; which done, the Lords ordered that this Friday the 25^th day of November the said Petition should be entered into the Parliament Roll in manner and form following, viz.

May it please your most Excellent Majesty, Our must Gracious Soveraign. We your humble, loving and faithful Subjects, the Lords and Commons in this present Parliament assembled, having of long time to our intolerable grief seen by how manifold most dangerous and execrable practices Mary the Daughter and Heir of James the Fifth late King of Scots Dowager of France and commonly called Queen of Scots, hath compassed the destruction of your Majesties sacred and most Royal Person, in whose safety (next under God) our chief and only felicity doth consist, and thereby not only to bereave us of the sincere and true Religion of Almighty God, bringing us and this Noble Crown back again into the Thraldom of the Romish Tyranny, but also utterly to ruinate and overthrow the happy State and Common Weal of this most Noble Realm; which being from time to time by the great mercy and providence of God, and p. 381your Highness singular wisdom foreseen and prevented, your Majesty of your exceeding great Clemency and Princely Magnanimity hath either most graciously passed over, or with singular favour tolerated, (although often and instantly moved by your most loving and faithful Subjects to the contrary in times of your Parliaments, and at many other times; and hath also protected and desended the said Scottish Queen from those great dangers which her own people for certain detestable Crimes and offences to her imputed, had determined against her. All which notwithstanding, the same Queen was nothing moved with these and many other your Majesties most gracious favours towards her; but rather obdurate in malice, and by hope of continual impunity imboldened to prosecute her cruel and mischievous determination by some speedy and violent course, and now lately a very dangerous Plot being conceived and set down by Anthony Babington and others, That six desperate and wicked persons should undertake that wicked and most horrible enterprize to take away your Majesties Life (whom God of his infinite mercy long preserve) she did not only give her advice and direction upon every point, and all circumstances concerning the same make earnest request to have it performed with all diligence, but did also promise assurance of large reward and recompence to the doers thereof; which being informed to your Majesty, it pleased your Highness upon the earnest Suit of such as tendred the safety of your Royal Person, and the good and quiet state of this Realm, to direct your Commission under the Great Seal of England to the Lords and others of your Highness Privy-Council, and certain other Lords of Parliament of the greatest and most antient Degree, with some of your principal Judges, to examine, hear and determine the same Cause, and thereupon to give Sentence or Judgment according to a Statute in that behalf made in the twenty seventh year of your most Gracious Reign: By vertue whereof the more part of the same Commissioners being in number thirty six, having at sundry times fully heard what was alledged and proved against the said Scottish Queen in her own presence touching the said crimes and offences, and what she could say for her defence and excuse therein, did after long deliberation give their Sentence and Judgment with one consent, that the death and destruction of your Royal Person was imagined and compassed by the said Anthony Babington with the privity of the same Scottish Queen; And that she her self did also compass and imagine the death and destruction of your most Royal Person. Now for as much as we your Majesties most humble, loyal and dutiful Subjects representing unto your most Excellent Majesty the universal State of your whole people of all degrees in this your Realm, do well perceive and are fully satisfied, that the same Sentence and Judgment is in all things most honourable, just and lawful; And having carefully and effectually according to our most bounden duties weighed and considered upon what ground and cause so many Traiterous complots and dangerous practices against your most Royal Person and Estate, and for the invading of this Realm have for the space of many years past grown and proceeded, do certainly find and are undoubtedly perswaded that all the same have been from time to time attempted and practised by and from the Scottish Queen, and by her Confederates, Ministers and Favourers, who conceive an assured hope to atchieve speedily by your Majesties untimely death that which they have long expected, and whereof during your Life (which God long preserve to our inestimable Comfort) they despair, to wit, to place her the said Scottish Queen in the Imperial and Kingly Seat of this Realm, and by her to banish and destroy the Professors and professing of the true Religion of Jesus Christ, and the antient Nobility of this Land, and to bring this whole State and Common-Weal to Foreign Subjection and utter ruin and confusion; which their malicious and traiterous purpose they will never cease to prosecute by all possible means they can, so long as they may have their Eyes and Imaginations fixed upon that Lady the only ground of their treasonable hope and conceits, and the only Seed-plot of all dangerous and traiterous devices and practices against your Sacred Person. And seeing also what insolent boldness is grown in the heart of the same Queen through your Majesties former exceeding favours and Clemencies towards her, and thereupon weighing with heavy and sorrowful hearts in what continual peril of such like desperate Conspiracies and practices your Majesties most Royal and Sacred Person and Life (more dear unto us than our own) is and shall be still, without any possible means to prevent it, so long as the said Scottish Queen shall be suffered to continue, and shall not receive that due punishment which by Justice and the Laws of this your Realm she hath so often and so many ways for her most wicked and detestable offences deserved; Therefore, and for that we find that if the said Lady shall now escape the due and deserved punishment of Death for these her most execrable Treasons and offences, your Highness Royal Person shall be exposed unto many more and those more secret and dangerous Conspiracies than before, and such as shall not or cannot be foreseen or discovered as these her late attempts have been, and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by Justice may and ought to be done; We do most humbly beseech your most Excellent Majesty, that as well in respect of the continuance of the true Religion now professed amongst us, and of the safety of your most Royal Person and Estate, as in regard of the preservation and defence of us your most loving, dutiful and faithful Subjects, and the whole Common-Weal of this Realm, It may please your Highness to take speedy Order, That p. 382Declaration of the same Sentence and Judgment be made and published by Proclamation, and that thereupon direction be given for further proceedings against the said Scottish Queen according to the effect and true meaning of the said Statute: Because upon advised and great consultation we cannot find that there is any possible means to provide for your Majesties Safety, but by the just and speedy Execution of the said Queen, the neglecting whereof may procure the heavy displeasure and punishment of Almighty God, as by sundry severe Examples of his great Justice in that behalf left us in the Sacred Scriptures doth appear. And if the same be not put in present Execution, We your most loving and dutiful Subjects shall thereby (so far as mans reason can reach) be brought into utter despair of the continuance amongst us of the true Religion of Almighty God, and of your Majesties Life, and the Safety of all your faithful Subjects, and the good Estate of this most flourishing Common-Weal.

Dominus Cancellarius continuavit praesens Parliamentum us que in diem Martis prox.

On Tuesday the 29^th day of November, the Lords Spiritual and Temporal being Assembled, Commissionar' Reginae continuaverunt praesens Parliamentum us que in diem Veneris hor â nonâ.

On Friday the second day of December Commissionarii Reginae adjornaverunt praesens Parliamentum us que in decimum quintum diem Februarii prox.

Nota, That the Parliament was Adjourned without any new Commission from her Majesty which had been used in the last Parliament, in Anno 27 Regin. Eliz. Anno Dom. 1584. where the Adjournment was from the 27^th day of December unto the 4^th day of February, which was near upon the same intervenient time or space for which this present Parliament de Anno 28, & 29 Regin. Eliz. was now Adjourned.

But the reason and cause is very plain why this Parliament was now Adjourned without any such Commission from her Majesty, although she her self was absent, and this was only in respect that her Highness Person was represented by Commissioners, to whom at first she had by Commission under the Great Seal delegated full and absolute power not only to begin but also to continue, Adjourn or Prorogue this instant Parliament (ut vide on Saturday the 29^th day of October foregoing) which said Delegates or Lords Lieutenants did here being present Adjourn the same accordingly.

Concerning which said Adjournment and these two Meetings of one and the same Parliament there hath been much mistake and difference both in the Original Journal-Book of the Upper House, and in that also of the House of Commons, in the very Rolls of the Statute of this Parliament transcribed by the Clerk of the Upper House into the Chancery, and remaining in the Chappel of the Rolls, and lastly in the very Printed Books of the Statutes thereof.

For in the first place M^r Anthony Mason at this time Clerk of the Upper House, Entereth these two meetings of this one and the same Parliament in two several Books, as if they had been two several Sessions; to which mistake he was the rather induced, because divers Lords did send their new Proxies upon the second meeting of the two Houses on Wednesday the 15^th day of February, & Anno Regin. Eliz. whereas it doth not appear that in the last Parliament de Anno 27 Regin. Eliz. that any new Proxies were then returned upon the second meeting of the two Houses after a like Adjournment. But the reason of this seemeth to be, not only in respect of this Adjournment, that it was somewhat longer than that former in the twenty seventh year of her Majesty (which lasted not full two Months, whereas this present Adjournment continued for the space of seventy five days or two Months and a Fortnight at the least.) But also because divers of the Lords both Spiritual and Temporal, who were present at this first meeting, being desirous (as it should seem) to hear that great business of the Scottish Queen debated and resolved on, did after this Adjournment and their recesses into their several Countries get Licence of her Majesty to be absent from the second meeting of this Parliament, which ensued on Wednesday the 15^th day of February following in Anno 29 Regin. Eliz. and in which there were none but ordinary matters likely to be handled (Execution and Justice being done upon the Scottish Queen the 8^th day of February immediately preceding the said second meeting) and did thereupon send their several Proxies of which such as were unusual and extraordinary are set down in the Journal ensuing according to the several days on which they were returned.

In the second place touching the Original Journal-Book of the House of Commons these two meetings of one and the same Parliament are set down as two several Sessions, the one by M^r Fulk Onslow at this time Clerk of the House of Commons, and the other by M^r William Onslow his Kinsman, who being a Member of the House was Licenced by it to supply the place of the said M^r Fulk Onslow, who by reason of his sickness was not able to attend, who enters this second meeting of the House of Commons upon Wednesday the 15^th day of February in these words, viz.

This present Session of Parliament holden by Prorogation, &c.

Whereas it had not been Prorogued but Adjourned, and was no new Session but meerly a new meeting.

In the third place the Roll of Statutes transcribed by M^r Anthony Mason into the Chancery and remaining in the Chappel of the Rolls, is intituled as followeth, Rotulus Parliament de Anno Regni Regin Elizabeth. vicesimo octavo. Whereas the words should likewise have been added, viz. & vicesimo nono.

In the fourth and last place the Printed Books p. 383of Statutes are likewise mistaken; for Christopher Barker at this time Printer to the Queens Majesty, who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin. Eliz. but mentioneth that Book of Statutes in this manner, Anno 29^o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15^th day of February in the 29^th year of the Raign of our most gracious Soveraign Lady Elizabeth, &c. Whereas if he had intituled it truly, it should have been thus: At this present Parliament holden at Westminster the 29^th day of October in the 28^th and 29^th years of the Raign of our most Gracious Soveraign Lady Elizabeth, &c. M^r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers, Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament, viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29^th day of October, Anno 28 Eliz. and Anno Dom. 1587. &c.

In which said Title there are these two notorious and gross mistakes: The first in that he saith this Parliament was holden by Prorogation, whereas the former Parliament, held in Anno 27^o Regin. Eliz. being dissolved upon the 14^th day of September in Anno 28 Regin. ejusdem, this Parliament begun and held in the said 28^th and 29^th years of her Majesty was newly Summoned, and not held by Prorogation.

His second mistake is more gross than this, in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25^th day of March, as in all the Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed. All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth, seeing so many men in that which they were best skilled in, and had doubtless so industriously travelled in, yet should be so grosly mistaken; for it is not worth the proof that this was an Adjournment and not a Prorogation, seeing it is positively entred in the Original Journal-Book of the Upper House on Friday the second day of December foregoing. And likewise when the two Houses did meet again on Wednesday the 15^th day of February following, the foresaid Journal-Book beginneth thus:

Die Mercurii 15^o die Februarii Domini tam Spirituales quàm Temporales, quorum nomina subsequntur, praesentes fuerunt.

Whereas if that meeting had been a new Session, the Entrance ought to have been thus: viz.

Die Mercurii 15^o die Februarii, in quem diem hoc praesens Parliamentum Prorogatum fuerat, Proceres tam Spirituales auàm Temporales, &c. Or thus: viz. In quem diem, &c. Sessio Parliament? Prorogata fuit teneri & inchoari apud Westminster die & loco praedict. Domini tam Spiritual. quàm Temporal. quorum nomina Subscribuntur, praesentes fuerunt, &c.

To which also may lastly be added, that no Bill passing the two Houses in the first meeting of this Parliament, nay for ought that can be gathered out of the Original Journal-Book of the Upper House, no one Bill having so much as any reading there, as hath been before observed, and so no Royal Assent putting life into any one Law, it could not be a Session but a meer meeting, which continued from Saturday the 29^th of October unto Friday the second day of December in Annis 28, & 29. Regin Eliz. Anno Dom. 1586.

This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered, the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth.

On Wednesday the 15^th day of February Anno 29^o Regin Eliz. Anno Dom. 1586. (to which day the Parliament had been on Friday the second day of December foregoing last Adjourned) The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lords by coming in their Robes or any other Pomp whatsoever, because this was neither new Parliament nor new Session, but a meer new meeting of either House upon an Adjournment of the former meeting thereof, which began on the 29^th day of October being Saturday in Anno 28 Regin. Eliz. as is aforesaid.

Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shewed forth to be publickly read a Commission directed unto him from her Majesty, in which appeared that the Lord Chancellor was so visited at this time with sickness, that he was not able to travel to the Upper House to supply his room and place there; her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor, hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room, as by the Tenour of the said Commission here ensuing more fully appeareth.

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 Edmund Anderson Knight Chief Justice of our Court of Common-Pleas, Greeting. Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor 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 among the Lords Spiritual and Temporal there Assembled as to the Office of the said Lord p. 384Chancellor or Lord Keeper of the Great Seal of England hath been accustomed: We minding the same place and room to be supplied in all things as appertaineth 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 as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House, to occupy, use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lords 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 Chancellor 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 Edmund Anderson to supply the doing and Execution of the Premisses with effect, and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf: In Witness whereof we have caused these our Letters to be made Patents. Witness our Self at Westminster the 15^th day of February in the twenty ninth year of our Reign, &c.

As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read, he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit, and in the Original Journal-Book of this Parliament, where the presence of the Lords is noted, he is always ranked in the first place as the Lord Chancellor should have been if he had been present; with this Addition after the setting down of his name and place, Locum tenens Cancellarii, in such Order as followeth, viz.

Archiepiscopus Cantuarien.

Edmundus Anderson Miles, Justiciar, de Communibus Placitis, Locum tenens Cancellarii.

Comes Sussex.

Comes Hartford.

Comes Lincoln.

Vice-Comes Bindon.

Episcopi.

Episcopus Winton.

Episcopus Sarisburien.

Episcopus Rofsen.

Episcopus Hereforden.

Barones.

Dominus Howard Admirallus.

Dominus Hunsdon Camerarius.

Dominus Morley.

Dominus Cobham.

Dominus Stafford.

Dominus Grey de Wilton.

Dominus Stourton.

Dominus Sandes.

Dominus Cromwell.

Dominus Windsor.

Dominus Sheffield.

Dominus North.

Dominus S^t John de Bletsoe.

Dominus Compton.

Dominus Norris.

Which are all the Peers the Journal-Book noteth to have been present.

Nota, That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament, or at least a new Session; yet I have observed it here though but at the beginning of a new meeting: partly because it was after a long Adjournment, and partly because many Lords did send new Proxies: So that the presence of the Lords before set down at the beginning of this Parliament on the 29^th day of October being Saturday, could not serve to be any rule for the presence of those that attended at this new meeting. Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament, or on the next day from the first, on which they be noted, if through the Clerk of the Upper House his negligence (as it often happeneth) it be omitted on the said first day.

A second but less material cause why I have their names transcribed, is to see the due places and precedencies of the Lords Temporal.

On this 15^th day of February lastly (although this were neither new Parliament nor new Session, but meerly a second meeting of one and the same Parliament, as hath been already observed) was one unusual or extraordinary Proxy returned, which is Entred in the Original Journal-Book of the Upper House in manner and form following, viz.

15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien' & Welien', in quibus Procuratores suos constituit Thomam Episcopum Wintonien', Thomam Episcopum Cicestren', & Willielmum Episcopum Coventrien' & Litchfield'.

The difference between an usual and an unusual Proxy see before on Saturday the 29^th day of October in the latter end thereof (on which said day this Parliament began) where also it is set down why those ordinary ones are for the most part omitted.

Other unusual Proxies returned also at this new meeting of Parliament, vide on Friday the 17^th day, on Sunday the 19^th day, and on Saturday the 25^th day of this instant February. All which I have ever caused to be set down upon the several days on which they were returned, if the said day be particularly expressed, and not altogether before the beginning of the Parliament, p. 385as is usually observed in the Original Journal-Books of the Upper House.

Nota Lastly, that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament, of which the first Proxy was returned on Sunday the 19^th day of this instant February from John Bishop of Exeter; the second on the same Day from Richard Bishop of Durham; the third on Saturday the 25^th day of this instant February from Edmund Bishop of Worcester; the fourth on Thursday the 9^th day of March next ensuing from Hugh Bishop of Bangor, and the fifth and last on the same day from William Bishop of S^t Asaph. Which with many other precedents of a like nature frequent almost in every Parliament, doth plainly prove, that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him, by the ancient Customs and Usages of that House; although the contrary hath been of late ordered upon the..... day of ..... in the Parliaments in Anno secundo Regis Caroli.

Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent (as is before observed) by reason of sickness, did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after.

Nota, That during this intervenient time of Adjournment, three unusual Proxies were delivered in unto the Clerk of the Parliament; the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17^th day of this Instant February in manner and form following, viz.

17^o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague, in quibus Procuratores suos constituit Ambrosium Comitem Warwici, & Robertum Comitem Leicestren.

19^o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon, in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien', Thomam Episcopum Winton' & Johannem Episcopum Roffen'.

Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien', Johannem Episcopum London, & Thomam Episcopum Wintonien.

Nota, That here a Temporal Lord constituted two Proctors, and two Spiritual Lords nominated each of them three, which being extraordinary and unusual Proxies are well worthy the observation. Vide intrationes Literarum consimilium procurator' die Saturni die 29^o Octobris praecedentis in fine dici, & die Mercurii die 15^o Februar. jam instantis antea, & die Saturni die vicesimo quinto ejusdem Febr' postea.

On Wednesday the 22^d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice.

Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum us que in diem crastinum horâ nonâ.

On Thursday the 23^d day of February the Lords met, but it seems nothing was done, but only the Parliament continued unto a further day, the Entrance whereof in the Original Journal-Book is in manner and form following, viz.

Edmundus Anderson Miles capitalis Justiciarius de placito communi continuavit praesens Parliamentum us que in diem Sabbati prox. horâ nonâ.

On Saturday the 25^th day of February Two Bill of no great Moment had each of them one reading; of which the second being a Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors was upon the second reading committed unto the Archbishop of Canterbury, the Lord Steward and others.

This day was one unusual Proxy returned, which is Entred in the Original Journal-Book of the Upper House in manner and form following, viz.

25^o Die Februarii introductae sunt Literae procuratoriae Edmundi Episcopi Wigorn, in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuariensem, Johannem Episcopum London, & Johannem Episcopum Roffen.

Nota, That it doth not appear whether this Proxy was delivered unto the Clerk of the Upper House in the said House sitting the Court, or elsewhere; but it is probable that it might be this Forenoon before the rising of the Lords.

Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox' horâ octavâ.

On Monday the 27^th day of February the Bill for Restraint of Horse-stealing and other Felonies was upon the second reading committed.

Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Jovis prox'horâ nonâ.

On Thursday the 2^d day of March there was brought from the House of Commons one Bill, which being for explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, where unto they are parties, was read the first time.

Lect. sunt The Amendments for the Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors; & lect. sunt the Amendments for the Bill of Horse-stealing and other Felonies.

In the Journal-Book is no entrance or mention of any Amendments by the Committees thought fit to be added to both or either of the said Bills, nor of the delivery back of the said Bills or either of them by the Committees into the House, which seemeth to have been the Error of the Clerk by that which followeth on Thursday the ninth day of March. where it is plain that this was the first reading of these Amendments.

p. 386Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Sabbati prox. horâ consuetâ.

On Saturday the 4^th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read secundâ vice.

Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox. horâ nonâ.

On Monday the 6^th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read the third time, & communi omnium Procerum assensu conclusa.

Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ oct avâ.

On Tuesday the 7^th day of March the Bill for the restraint of Horse-stealing and other Felonies was read tertiâ vice, & communi omnium Procerum assensu conclusa.

There was brought to the Lords from the House of Commons the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty.

On Wednesday the 8^th day of March the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty, was read primâ vice.

On Thursday the 9^th day of March the Bill for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty was read tertiâ vice, & communi omnium Procerum assensu conclusa.

Nota, That in the Journal-Book there is no entrance or mention of the second reading of this Bill, which doubtless happened through the negligence of M^r Anthony Mason at this time Clerk of the Upper House.

The Amendments in the Bill to avoid fraudulent Assurances made or to be made in certain cases by Traitors, were read.

On Saturday the 11^th day of March three Bills of no great moment were brought up to the Lords from the House of Commons; of which the first appointing the wideness of the Mask of Nets for taking Herrings and Smelts in Oxford Haven, and the Gull was read primâ vice.

Introducta est Billa pro Subsidio Cleri, quae primâ & secundâ vice lect' est & commiss' ad ingrossandum.

The Bill to avoid fraudulent Assurances made in certain cases by Traitors was read tertiâ vice, quae communi omnium Procerum assensu conclusa est, & tradit' Doctori Ford & servienti Gawdy in Domum Communem deferend'.

A Bill for the better and more speedy execution of certain branches of the Statute made in the 23^d year of the Queens Majesties Reign, intituled, An Act to restrain the Queens Majesties Subjects in their due obedience, was read primâ vice.

The House of Commons made request to the Lords to have Conference with some of their Lordships what number it should please their Lordships to appoint. Whereupon the Lords made choice of these following, viz. the Archbishop of Canterbury, the Archbishop of York, the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, the Earl of Leicester, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Lord Hunsdon Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Grey, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.

After Conference had with the Committee of the Lower House, this present day the said Committee made Report unto the whole House, that the House of Commons made humble Suit unto their Lordships to have their Lordships to joyn with them in a Contribution or Benevolence for the Charges of the Low Countries Wars, which they of the House of Commons meant to offer unto her Majesty. How they meant to proceed therein was opened by the Archbishop of Canterbury. Upon which Report of the Committee the Lords thought good to defer their Answer until Monday next.

But it appeareth not by the Original Journal-Book of the Upper House or of the House of Commons, that any such Answer was given by their Lordships upon the said Monday being the 13^th day of this instant March ensuing. Vide die Mercurii die 15^o Martii sequentis in sine diei.

On Monday the 13^th day of March six Bills of no great moment had each of them one reading; of which the first being the Bill for one Subsidy granted by the Clergy was read tertiâ vice, and the Bill touching Oxford Haven was read secundâ & tertiâ vice.

On Tuesday the 14^th day of March the Bill for confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances, was brought from the House of Commons, and read primâ vice. Vide plus concerning this matter on the day following.

The Bill for Confirmation of the Attainder of Thomas late Lord Paget and others was read tertiâ vice, & communi omnium Procerum assensu conclusa & expedita, dissentiente Domino Darcy, who is sometimes called the Lord Darcy of Meinel.

Two Bills of no great moment had each of them one reading, being the last reading, and thereupon passed; of which the second being the Bill for the more speedy and due execution of certain branches of the Statute made in the 23^d year of the Queens Majesties Reign, intituled, An Act to retain the Queens Majesties Subjects in their due obedience, was expedited communi omnium Procerum assensu, dissentiente solummodò Comite Rutland. Which two Bills aforesaid were sent down to the House of Commons by p. 387the Queens Attorney and Doctor Carew.

Two Bills were brought up to the Lords from the House of Commons, whereof the first being an Act of one Subsidy granted by the Clergy was returned expedited; and the other was the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight deceased and of John Croker Esq his Son.

On Wednesday the 15^th day of March the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight, and of the Debts of John Croker Esq his Son, was read primâ vice.

Two Bills were brought up to the Lords from the House of Commons, whereof the first being a Bill touching Errours in Records of Attainders of High Treason was read primâ vice & commissa; and the second being a Bill for repealing of a Statute made in the 23^d year of the Queens Majesties Reign touching the bringing in Fish into this Realm, was read primâ vice & commissa.

The Bill for the confirmation of the Seal of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances was read secundâ vice. Whereupon the Lords ordered that Edward Fisher now in the Fleet should be brought before them to morrow at nine of the Clock, and that he should bring his learned Counsel with him: And that the Parties who follow the said Bill, should have like warning to be there with their learned Counsel.

Nota, That this very Bill or some other to the same purpose had divers readings, and was often debated in the Parliament, both in the Upper House and in the House of Commons, but passed not. And there it seemeth, that the same or a new Bill to the like purpose was now again offered unto the House. Vide the first reading of it upon Tuesday immediately foregoing.

The Lords Committees made Report unto the whole House, that upon divers Conferences had with the Committees of the Lower House touching their Request made to the Lords to joyn with them in Petition to her Majesty about a Benevolence or Contribution, which they of the House of Commons thought good to offer unto her Majesty; the said Lords Committees thought it not fit, for divers reasons, to joyn with the House of Commons herein. Which reasons when the whole House had heard and considered, their Lordships did resolve that the House of Commons should be left to themselves, and their Lordships would take such order therein for themselves as to them should seem convenient. Vide plus concerning this matter on Saturday the 11^th day of this instant March foregoing.

On Thursday the 16^th day of March the Committees in the Bill for the repealing of a Statute made in the three and twentieth year of the Queens Majesties Reign touching the bringing in of Fish into this Realm, according to the Lords appointment delivered their opinions and reasons by the Lord Chief Baron touching the said Bill; which when the Lords had heard and considered, they ordered that the said Bill for the Repeal of the said Statute should be rejected.

This day was chosen a new Committee to resolve upon somewhat touching the Contribution, viz. the Archbishop of Canterbury, the Archbishop of York the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, and the Earl of Leicester; the Bishop of London, the Bishop of Winton, and the Bishop of Salop; the Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Gray, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.

The Lords Committees last named upon Conference had betwixt them in respect of the great Charges that her Majesty hath sustained heretofore, and that her Highness shall be enforced hereafter to be at for the defence of this Realm and other her Majesties Dominions, did resolve amongst themselves freely to give to her Majesty two shillings in the pound, after the rate of the valuation of the Subsidy of the Temporality granted in this present Session of Parliament, to be paid unto such persons and at such time as it shall please her Majesty to appoint. Which being after openly declared to the whole House, the Temporal Lords (in as much as the Lords Spiritual had made former offer of Contribution unto her Majesty) did all together with one consent most willingly ratifie the said resolution, both touching the Sum and the payment thereof; and ordered that this their free gift should be entred upon Record: And that such of the Lords of her Majesties Privy Council as were there present, should signifie the same to her Highness in all their Names.

On Friday the 17^th day of March a Bill touching Errours in Records of High Treason was read secundâ & tertiâ vice & conclusa.

On Saturday the 18^th day of March the Bill for the confirmation of the Sale of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances, with certain amendments in a Schedule added unto the said Bill, was read tertiâ vice & communi omnium Procerum assensu conclusa, & tradita Doctori Barkley & Doctori Carew in Domum Communem deserend'. Vide concerning this matter on Tuesday the 14^th day, and on Wednesday the 15^th day of this instant March foregoing.

Two Bills were brought up to the Lords from the House of Commons; of which the first being a Bill touching Exemplifications and Constats of Original Conveyances made to the Queens Majesty, was read primâ vice.

On Monday the 20^th day of March two Bills of no great moment had each of them one reading; whereof the second being a Bill for the limitation of time touching Writs of Errour upon Fines and Recoveries, was read secundâ vice.

Six Bills of no great moment were this day, lastly, brought up to the Lords from the House of Commons; of which the first being for the Sale of Edward Fishers Lands was returned expedited; p. 388and the second was a Bill for the more speedy and due Execution of certain branches of the Statute made in the twenty third year of the Queens Majesties Reign, intituled, An Act to retain the Queens Majesties Subjects in their due obedience, with an amendment, and a provision annexed, quae communi omnium Procerum assensu conclusa & expedit'; and the third being the Bill for continuance of Statutes was read primâ vice.

On Tuesday the 21^th day of March primâ, secundà & tertiâ vice lect' sunt the Amendments of the Bill to avoid fraudulent Assurances made in certain cases by Traitors, quae commumi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deserend'.

Two Bills also of no great moment had each of them one reading; of which the first being a Bill for limitation of time touching Writs of Errours upon Fines and Recoveries, was read tertiâ vice, & communi omnium Procerum assensu rejecta est.

Two Bills were sent up to the Lords from the House of Commons, which (as it seemeth) were of so little moment, as that they are omitted in the very Original Journal-Book of the Upper House.

On Wednesday the 22^th day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tetriâ vice, and sent to the House of Commons by Serjeant Gawdy and Doctor Carew, being first passed by the Lords with an Amendment.

The first reading of this Bill appeareth not in the Original Journal-Book of the Upper House; and by that which followeth on Thursday the 23^d day of this instant March following, it is plain that the Entrance of the several readings of this Bill with the Amendments thereof, is much mistaken and confounded through the great negligence of M^r Anthony Mason, at this time Clerk of the Upper House.

A Bill for the Sale of Thomas Hanford's Lands, was brought up to the Lords from the House of Commons.

The Lords having before passed a Bill to the same effect, and sent it down to the House of Commons, and they having rejected it without any Conference first desired and had with their Lordships; therefore the Lords thought it a Precedent so strange and so far different from the Orders of this House, that they of the House of Commons should reject a Bill sent from this House without Conference, and frame a new Bill to the same effect and send it up, that they did resolve to put it to the Question, Whether this new Bill should by the Orders of this House be read here or not. The whole House being particularly asked their opinions herein with one assent, concluded (not one gainsaying) that it should not be read.

On Thursday the 23^d day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tertiâ vice, & communi omnium Procerum assensu conclusa, with the Amendments. Vide concerning this matter in the beginning of the day immediately foregoing being Wednesday; for it should seem that the Bill it self was then read primâ & secundâ vice, and the Amendments only at this time, although they be both set down very confusedly through the negligence of the Clerk of the Upper House.

The Bill for the Queens Majesties most gracious, general and free Pardon communi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deferend'. Which said Bill was brought back again this morning from the said House of Commons unto the Lords, with another Bill which was for the continuance and perfecting of divers Statutes.

There is no other or further business of this day set down in the Original Journal-Book of the Upper House, save only her Majesties Royal Assent given to divers Bills which had passed both Houses, although she her self was absent, which was done by her Majesties Letters Patents under the Great Seal. Which because of the rarity of the Precedent, are here verbatim transcribed, together with the manner and solemnity of this days meeting, out of the said Original Journal-Book in manner and form following, viz. Hodie quum omnes Proceres Robis Parliament aribus induti in suo quis que loco sederent, & Prolocutor de Domo Communi unà cum omnibus qui ad hoc praesens Parliamentum summoniti suerant, & Militibus, civibus & Burgensibus accersitis praestò esset Edmundus Anderson Miles, Capitalis Justiciarius de placito communi, quia Cancellarius nondum convaluit, exponit omnibus Regiam Majestatem magnis & urgentissimis quibusdam negotiis adeò esse impeditam, ut non queat impraesentiar' commodè interesse: Tamen, inquit, sua Majestas imperavit mibi, ut suo nomine vobis hîc praesentibus declarem, quibus Legibus seu Statutis à vobis in hoc praesenti Parliamento pro vestra parte stabilitis velit Regium assensum suum adhibere, sine quo Legum vigorem obtinere non debent, sicuti vos probè nôstis. Et hiis dictis protendit Clerico Parliamentor' quasdam Literas sub magno Sigillo Angliae Patentes, quos ipse publicè legit. Literae autem scriptae fuerunt in haec verba.

ELizabeth by the Grace of God Queen of England, France and Ireland, Defender of the Faith, &c. To our right Trusty and right well-beloved the Lords Spiritual and Temporal, and to our Trusty and well-beloved the Knights, Citizens and Burgesses, the Commons in this present Parliament Assembled, Greeting. We have seen and perfectly understand divers and sundry Acts and Ordinances annexed and affiled to these Presents, agreed and accorded by our loving Subjects the Lords Spiritual and Temporal and the Commons in this our present Parliament assembled, and severally indorsed by you as hath been accustomed; The Titles and names of which Acts hereafter do particularly ensue p. 389(that is to say) an Act for the Confirmation of the Attainders of Thomas late Lord Pagett and others; An Act concerning Errors in Records of Attainders of High-Treason; An Act to avoid frandulent Assurances made in certain Cases by Traitors; An Act to prevent Extortion in Sheriffs, Under-Sheriffs and Bailiffs of Franchises or Liberties in Cases of Execution; An Act for the Continuance and perfecting of divers Statutes; An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23^d year of the Queens Majesties Raign intituled An Act to retain the Queens Majesties Subjects in their due obedience; An Act for the Confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances; An Act of one Subsidy granted by the Clergy; An Act for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty; An Act for the Queens Majesties most gratious, general and free Pardon: And albeit the said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto, and seem very necessary and profitable for the Commonwealth, which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them; And forasmuch as for divers great and urgent Causes and Considerations, We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament, being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons; We have therefore caused these our Letters Patents to have been made, and have signed and caused the same to be Sealed accordingly, And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid, as to all and singular other our loving Subjects, That we by these Presents do give & put our Royal Assent to all and singular the said Acts and Ordinances, and to all Articles, Clauses and Provisions in them contained, and be fully agreed and consented to all and every the said Acts, willing that the said Acts and every Article, Clause, sentence and provision in them contained, from henceforth shall be of the same strength, force and effect as if we had been personally present in the said Higher House, and had openly and publickly in the presence of you all assented to the same; Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal, as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas, to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament … to be assembled for that purpose, and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same; And also to Inrol these our Letters in the said Parliament Roll; and these our Letters Patents shall be to every of them sufficient Warrant in that behalf: And finally declare and will that after this our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, That then immediately the said Acts and every of them shall be taken, accepted and admitted good, sufficient and perfect Laws, to all intents, Constructions and purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this our Parliament, or any other Use, Custom, thing or things to the contrary thereof notwithstanding.

In Witness whereof We have caused those our Letters to be made Patents. Witness our self at Westminster the 23^th day of March in the 29^th year of our Reign.

Per ipsam Reginam.

Nota, That the Clerk of the Parliament having read the said Letters Patents before set down, Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas (still supplying the place of Sir Thomas Bromley Knight Lord Chancellor) delivered other Letters Patents unto the said Clerk openly to be read, whereby eight several Commissioners were nominated and authorized to dissolve the Parliament, viz. The Archbishop of Canterbury, the Archbishop of York, the Earl of Shrewsbury Earl Marshal of England, the Earl of Darby Lord Steward, the Earl of Kent, the Earl of Leicester Master of her Majesties Horse, the Lord Howard Lord Admiral of England, Lord Hunsdon Lord Chamberlain, and the Lord Cobham Lord Warden of the Cinque-Ports. For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose, the three Commissioners at first appointed in the beginning of this Parliament (which see at large upon Saturday the 29^th day of October foregoing) might without any other new authority though not have Dissolved the Parliament, yet have Prorogued it to a further day, as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15^th day of February next ensuing, which was for ten weeks space at the least: but that former Authority being now at an end by these new Letters Patents, the manner of their delivery, the removal of the new Commissioners in them nominated, and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House.

Postquam verò Clericus Parliament. has Literas palàm perlegisset, Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit: atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus p. 390nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur: Earum autem tenor hic sequitur.

ELizabetha Dei gratiâ Angliae, Franciae & Hiberniae Regina, fidei Defensor, &c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo, totius Angliae Primati & Metropolitano, ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen. Angliae Primati & Metropolitano; ac etiam chavissimis Consanguineis & Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae, Henrico Comiti Darbiae magno Seneschallo; necnon charissimo Consanguineo & Consiliario suo Henrico Comiti Kantiae, ac charissimo Consanguineo & Consiliario suo Roberto Comiti Leicestr. Magistro Equorum suorum; ac etiam praedilectis & fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae, Henrico Domino de Hunsdon Domino Carmerario suo, & Willielmo Domino Cohham Domino Gardiano quin que Portuum suorum, Salutem. Cùm nuper pro quibusdam arduis & urgentibus negotiis, nos, statum & desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari & teneri ordinaverimus, in & à quo dic idem Parliamentum nostrum us que ad & in vicesimum septimum ejusdem mensis Octobris prorogat fuerat, eodém que die idem Parliamentum nostrum us que ad & in vicesimum nonum diem dicti mensis Octobris prorogat' fuerat, ac ibid' tunc tent' & continuat' fuerat us que ad & in secundum diem Decembris tunc proximum sequentem; Eódém que die idem Parliamentum nostrum us que ad & in decimum quintum diem Februarii tunc prox' sequent' adjournat' fuit; Eodém que die idem Parliamentum nostrum tunc & ibidem tent' & continuat' fuerat us que ad & in vicesimum tertium diem instantis mensis Martii: Sciatis tamen certis urgentibus causis & considerationibus nos specialiter moven' idem Parliamentum nostrum hoc instante vicesimo tertio die Martii duximus dissolvend'. De fidelitate igitur, prudentiâ & circumspectione vestris plurimùm confident' de avisamento & assensu Concilii nostri assignavimus vos & aliquos tres vel plures vestrum Commissionarios nostros, dantes vobis & aliquibus tribus vel pluribus vestrum, tenore praesentium, plenam potestatem, facultatem & authoritatem hoc instante vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar' dissolvend'. Et ideo vobis Mandamus quòd vos, aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instante vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plenè dissolvatis & determinetis. Et ideo vobis Mandamus quòd circa praemissa diligenter intendatis, ac ea in forma praedicta effectualiter expleatis & exequamini. Damus autem universis & singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus & Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur' tenore praesentium firmiter in mandatis, quòd vobis in praemissis pareant, obediant & intendant in omnibus prout decet. In cujus rei testimonium has Literas nostras sieri secimus Patentes. Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono.

Per ipsam Reginam. Powle.

It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23^th day of this instant March in the Forenoon, for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lords to dinner unto some hour in the Afternoon; which may very well be, in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon, yet that being now performed after an unusual and extraordinary manner by her Majesties Letters Patents, or a Commission under the Great Seal, the time was also altered: So that though this Parliament were not long in continuance (for both the meetings thereof put together make but ten weeks at the most) yet it had many weighty matters debated in it, and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time.

Finally, Her Majesties loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars, and withal in a manner foreseeing the stupendious preparations of Spain (at this time most intentive in providing and furnishing of that mighty Armado stiled afterwards Invincible) did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths (as the Clergy had also granted unto her one other Subsidy) but did likewise consult in either House severally (for the Lords refused to joyn with the House of Commons therein) concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands.