The Journals of Parliaments, Journal 1 (1 of 2)
THE JOURNAL OF THE House of LORDS, Ao 1o Regin. Eliz. A. D. 1558 & 1559.
The Journal of the Proceedings of the House of Lords, in the Parliament holden at Westminster, Ao 1o Regin. Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25th. of January, and then and there continued until the Dissolution thereof on Monday the 8th. day of May Anno Dom. 1559.
QUeen Mary Deceased on Thursday the 17th. day of November, in the year of our Lord 1558. and the Parliament then Assembled in the 6th. and last year of her Reign, thereby immediately Dissolving. the thrice Excellent and Prudent Princess Queen Elizabeth, according to her right and Hereditary Title, without any opposition or difficulty, King Philip being then very happily absent beyond the Seas, Succeeded to all the Realms and Dominions of Mary her Sister, excepting Callais and those other inestimable places in France, which had been most dishonourably and vainly lost in the time, and towards the end of the Reign of the said Queen, and finding also the Innocent Blood of Gods Saints, shed for the Witness of the Truth, to have stained the former Government with the just Brand and Stigma of persecuting and Tyrannical: And that her Realms and Dominions were much impoverished and weakened; whilst in the mean time her Enemies every where abroad, were encreased not only in Number, but in Strength and Power; She therefore in the very entrance of her Reign well considering and foreseeing that the surest and safest way to Establish the Truth, to abolish all Foreign and usurped Authority, to repair the breaches and weaknesses of her said Realms and Dominions, to strengthen her Kingdoms with Shipping and Munition, and to revive the decayed Trade thereof, was by the common advice and Council, and with the Publick assent of the Body of her Realm, did Summons herfirst Parliament to begin on Monday the 23th. day of January, having before made and appointed that wise and able Statesman Sir Nicolas. Bacon Knight, Lord Keeper of the great Seal of England.
In the setting down of this Journal of the upper House in An. 1. Reg. Eliz. An. Dom. 1558. Summoned to begin at the day and place aforesaid; I have caused to be Transcribed many things at large out of the original Journal Book. Some things also of Form I have added to it, which are in the very Original it self omitted in this regard only, because they were but matters of Course, and not much material: yet I was much desirous both in this Journal of the Upper House, and in that also of the House of Commons, in this first year of the Queen, to supply once for all the whole matter of Form, that so I might the better omit it in the following Journals, and have ready recourse hither unto it, being all framed into one Structure or Body. In this Journal of this first year is set down the ground, form, and return of the Writs of Summons, with their usual and common differences, the Commission for Prorogation, and the form of Proroging the Parliament to a surther day, The manner of the beginning of the Parliament, with the Sitting of the Lords Spiritual and Temporal, The places of Peers under age, and of Noblemens Sons, their Fathers living and the difference, The whole form Verbatim of the Receivers and Tryers of Petitions. And lastly for what, or by whose Licence, the Lords both Spiritual and Temporal, may absent themselves from the Parliament House, and send their Proxies, the forms of Proxies, the cause of a Vacat, the several observations upon the return of such usual or unusual Proxies, as were this Parliament returned, the returns of which are set down at large, out of the Original Journal Book it self, with divers other things of the like nature, and are digested as the following Passages of this first Parliament of Queen Eliz. into an orderly and exact Journal.
Before the Writs for the Summoning of this Parliament were sent forth, the Queens Majesty did send her Warrant to Sir Nicolas Bacon Knight, Lord Keeper of the great Seal of England, commanding him speedily to cause the said Writs to be made, as in like cases had been formerly accustomed, the usual Form of which Warrant being by Bill Signed, is as followeth.
Elizabeth, by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, &c. To our right Trusty and right Wel-beloved Nicolas Bacon Knight, Lord Keeper of our Great Seal of England, Greeting.
Whereas we by our Council, for certain great and urgent Causes concerning us, the good Estate and Common-wealth of this our Realm, and of the Church of England, and for the good Order and continuance of the same, have appointed and Ordained a Parliament to be holden, at our City of Westminster, the sirst day of April next coming, in which case divers and sundry Writs are to be directed forth, under our Great Seal of England, as well for the Prelates, Bishops, and Nobility of this our Realm, as also for the Election of Knights, Citizens, and Burgesses of the several Counties, Cities, and Burroughs, Towns of the same, to be present at the said Parliament, at the day and place aforesaid.
Whereupon, We Will, and Command you, forthwith upon the receipt hereof, and by Warrant of the same to cause such, and so many Writs to be made, and Sealed under our Great Seal for the accomplishing of the same, as in like Cases hath been heretofore used and accustomed. And this Bill Signed with our own hand, shall be as well unto you, as to every such Clerk and Clerks as shall make and pass the same, a sufficient Warrant or Discharge in that behalf given.
Upon this Warrant the Lord Keeper sends out the said Writs of Summons returnable the 23th day of January, being Monday, and bearing Date at Westminster the 5th day of December, in the first year of the Queen, the form of which Writ is as followeth.
Elizabetha, Dei Gratia, Angliae, Franciae, & Hiberniae, Regina, Fidei Defensor, &c. Clarissimo Consanguineo suo, Thomae Duci Norfolciae, &c. Salutem, Quia de advisamento & assensu Consilij nostri, pro quibusdam ardius & urgentibus negotiis, nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae concernentibus, quodd am Parliamentum nostrum apud Civitatem nostram Westmonasterij vicessimo tertio die Januarij proximè futuro teneri ordinaverimus, & ibidem vobiscum & cum Prelatis, Magnatibus, & Proceribus dicti Regni nostri, colloquium habere & tractatum, vobis sub fide & ligeancia, quibus nobis tenemini, firmiter injungendo Mandamus, quod consideratis dictorum negotiorum arduitate, periculis imminentibus, cessante excusatione quâcun que dictis die & loco personaliter intersitis, nobiscum & cum Praelatis, Magnatibus & Proceribus praedictis, super dictis negotiis tractatur', vestrumque consilium impensur', & hoc sicut nos & honorem nostrum, & salvationem & Defensionem Regni & Ecclesiae praedict', expeditionemque negotiorum dictorum diligitis nullatenus omittatis. Teste me ipsà apud Westmonasterium quinto Die Decembris Anno Regni nostri primo.
The Writ to the Archbishop of York (for the See of Canterbury was now void by the Death of Cardinal Pool) was after this Form ensuing.
Elizabetha, Dei Gratia, &c. Reverendissimo in Christo Patri, Nicholao Archiepiscopo Eboracen' &c. And so to the end as it is in the Duke of Norfolks Writ, unless perhaps after the word Mandamus, the words following are, in fide & dilectione quibus nobis tenemini, &c. instead of these words to the Temporal Lords, Sub fide & Ligeancia quibus nobis tenemini.
The Writs that were directed to the two Marquesses of Winchester and Northampton, and to all the Earls Summoned to this Parliament, differed nothing from that, by which the Duke of Norfolk was Summoned.
The words of the Writs that were directed to any Bishop, this Parliament, were Verbatim the same with the Archbishops, only differing in the Style which is set down before their Christian Names, being added in these words, Reverendo in Christo Patri, instead of these words inserted into the Writs directed to the Archbishops, viz. Reverendissimo in Christo Patri.
The Writs to the Viscounts and Barons are thus directed, viz. Dilecto & fideli suo Anthonio Vicecomiti, &c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk.
The Writs, by which the Judges are Summoned are directed thus, Dilecto & Fideli suo, &c. and differ from the Peers Writs in these words (tractare & Consilium suum impendere, but not ordinare) and the same Style is inserted in the Writs directed to the Queen's Council, and the rest who are to attend in the Upper House.
The Parliament being Summoned to begin, as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk, on the 23th. day of January, it was upon the said day farther Prorogued, in manner and form following.
Memorandum where the Queen's Majesty by her first Writ, Summoned the Parliament to be begun and holden at Westminster the 23. day of January, as by the same Writ bearing Date at Westminster the 5th. day of December in the first year of her Reign it more plainly appeareth. Her Highness upon certain great and weighty Causes, and considerations, her Majesty especially moving, by the advice of her Privy-Council, and of her Justices of both her Benches, and other of her Council Learned, did Prorogue and Adjourn this said Parliament until Wednesday now next following, being the 25th. day of this instant Month, by vertue of her Writ Patent Signed with her own Hand, Sealed with her Great Seal, bearing Date the 21th. day of this present Month, whereupon at this said 23th. day of January, the Lord Keeper of the Great Seal with divers others her Lords and Counsellors, repaired to the Parliament Chamber commonly called the Upper House, and there in the presence of the whole Assembly of the Lords Spiritual and Temporal, the Knights, Citizens, and Burgesses Summoned to the same Parliament, did open and declare, that the Queens Majesty, whose preservation in Health giveth safety and surety to the whole Publick Wealth, not feeling her self in good Disposition of Body, nor unmindful of the Peril that by her too much boldness, by coming abroad might ensue, sent for the Lord Keeper of the Great Seal, the Lords and others of her Highness Council, unto whom she declared her Estate, and the fear she had to adventure going to Parliament this said prefixed day being the 23th. day of January, requesting them to signifie her Estate unto the Assembly, and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day, until the 25th. day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure, the said Writ for the said Prorogation in the presence of that Assembly was there then read, by the Clerk of the Upper House publickly and openly, the Tenor whereof ensueth Verbatim.
ELizabetha, Dei Gratiâ, Angliae, Franciae, & Hiberniae, Regina, Fidei Defensor, &c. praedilectis & fidelibus nostris Praelatis, Magnatibus, & Proceribus Regni nostri Angliae, ac dilectis & fidelibus nostris Militibus, Civibus & Burgensibus dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand' & tenend' convocat' & elect' & eorum cuilibet Salutem. Cum nos, pro quibusdam arduis & urgentibus negotiis nos statum & defensionem dicti Regni nostri Angliae, & Ecclesiae Anglicanae concernen' dictum Parliamentum nostrum ad diem & locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem & diem praedict' interesse Mandaverimus ad tractand' assentiend' & concludend' super his quae in dicto Parliamento nostro tunc & ibidem proponerentur & tractarentur. Quibusdam tamen certis de causis & considerationibus nos ad hoc specialitèr movend' dictum Parliamentum nostrum us que 25 diem hujus instantis Mensis Januarij duximus prorogand' it a quod nec vos, nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini, seu arctemini; volumus enim vos & quemlibet vestrum; inde erga nos penitùs exonerari Mandantès & tenore presentium firmiter injungendo precipientes vobis & Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit, quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis & intersitis, & quilibet vestrum compareat & intersit ad tractand', faciend', agend', & concludend', super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari. Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo.
This day also although the Parliament begun not, nor any Peers sate in the Upper House, but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th. day of this instant Month as aforesaid, were divers Proxies returned from many of the Lords both Spiritual and Temporal, who in their absence did Constitute others of the said Upper House to give their voices for them. And because no Lord could be absent, without Licence from her Majesty first obtained during this Parliament, it will not be impertinent amongst other matters of Course, to set down the form of the said Licenses, which were as followeth.
RIght Trusty and Wel-beloved, We Greet you well, Whereas we are informed that by reason of Sickness, you are not able to make your repair hither to this our Sessions of Parliament, to be holden at Westminster; We have thought good by these our Letters to dispense with you for your absence, and do License you to remain still at home for this time. So nevertheless that you send up your Proxie to some such Personage, as may for you, and in your name give his voice, assent, or denial to such matters as shall be Treated and Concluded upon in our said Parliament, and these our Letters Patents shall be your Warrant in this behalf. Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign.
Upon the obtaining and receipt of this aforesaid Licence from her Majesty, granted to every absent Lord in particular, they sent their several Proxies, of which the first that was returned this day was the Proxie of William Lord Dacres, which said Proxie is entred in the beginning of the Original Journal Book, remaining with the Clerk of the Upper House, in manner and form following.
23. Januarij Introductae sunt Literae procuratortae Willielmi Domini Dacres qui procuratorem suum constituit Anthonium Vicecomitem Mountacute.
This Proxie was delivered to the Clerk of the Parliament, or to his Servant or Deputy; for the Course (as I suppose) hath been, and is at this day, that the Proxie may be delivered either in or out of Parliament, And the Delivery thereof is good, only the Clerk of the Upper House doth usually Register or enter the same in the beginning of the Journal of that Session or Parliament, with the direct day of the Month on which he received it, and sometimes sets not the day down, the form of which Proxie may be conjectured to have been as followeth.
OMnibus Christi Fidelibus ad quos hoc presens scriptum pervenerit Willielmus Dominus Dacres Salutem. Noveritis me prefatum Dominum Dacres per Licentiam Serenissimae Dominae nostrae Reginae a presenti hoc suo Parliamento tent' & inchoat apud Westmonasterium &c. sufficienter excusatum abesse, nominare, ordinare, & constituere dileitum mihi in Christo & honorandum virum Anthonium Vicecomitem Mountacutum meum verum, certam, & indubitatum factorem, actorem, Atturnatum, seu procuratorem per presentes; eidemque procuratori meo dare & concedere plenam Authoritatem, & potestatem, pro me, & nomine Meo, de, & super quibuscun que causis & Negotiis in Presenti hoc Parliamento exponendis, seu Declarandis tractandi tractatibus, achujusmodi, mihifactis. seufaciendis consilium & auxilium nomine meo impendendi Statutis que etiam & ordinationibus, quae ex Maturo & deliberato Judicio Dominorum tam Spiritualium quam Temporalium in eodem Parliamento Congregator' mactari seu ordinari contigerint nomine meo consentiendi eisdem que si opus fuerit, subscribendi caetera que omnia et singula quae in premissis Necessaria fuerint seu quomodolib' requisita faciendiet exercendi in tam amplis Modo et forma, ut ego ipse facere possem, aut deberem, si praesens personalitèr interessem, Ratum et gratum habiturus totum et quicquid procurator' meus statuerit, aut facerit in premissis; in cujus rei testimonium presentibus subscripsi Sigillumque apposui dat' &c. Anno Regni Dictae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae & Hiberniae Regina, Fidei Defensoris &c. Primo.
Here under the Proxie is usually the name of the Lord that sendeth it Subscribed.
Note, that this is not the direct Copy of the Proxie sent by the Lord Dacres, but only his name added unto it, being set down according to the form, observed both in these times, and in ours which have since followed; for if these Lords, who do constitute Proctors, have their Proxies drawn by the Clerk of the Parliament's direction, which is the best and most usual course, then are they always drawn in manner and form aforesaid.
But if any Lord, by reason of his far distance from the place where the Parliament is held, or by some other occasion, doth make his own Proxie, then the form doth usually differ from that which is before set down, and is in manner and form as followeth, to which I have added the name of the Bishop of Peterborough, because the Spiritual Lords do most usually venture to make their own Proxies, and because the said Bishops Proxie is entred the 23th. day of January in the Original Journal Book of this first Parliament of the Queen, next after the Proxie of the Lord Dacres before set down, the entrance whereof is as followeth.
23. Januarij Introductae sunt literae procuratoriae David Episcopi Petriburgi qui procuratores suos constituit Nicholaum Archiepiscop' Eboracen' Edmund' Episcop' London, & Radolph' Episcop' Coventr' & Litch.