The Journals of Parliaments, Journal 1 (2 of 2)
This Proxie that followeth being of a new form, and different from that which is before set down, is here added, as sent by the Bishop of Peterborough, for the reason above expressed.
PAteat universis per presentes, Quod ego David permissione Divina Peterburgen' Episcopus Licentia Regia in ea parte prius obtent' Necnon diversis Arduis impeditus & detentus Negotiis, quo minus in presenti Sessione Parliamenti hujus inclyti Regni Angliae personaliter comparere debit' praestare obsequium ac in ea parte inservire Valeam, Reverendissimum in Christo Patrem Nicholaum, providentia divina Eboracen' Archiepiscopum totius Angliae Primati & Metropolitano et Reverendos in Christo Patres Edwardum Episcop' Londinen' & Radolph' Episcop' Coventr' et Litch' et eorum utrum que conjunctim et divisim, meos veros, legitimos actores, factores, atturnatos, et procuratores facio et constituo; eisdem que procuratoribus meis, et eorum utri que conjunctim et divisim plenam in Domino do et concedo Authoritatem, et potestatem, per me, et in nomine meo, in dicta presenti Sessione Parliamenti compend' et de, et super quibuscun que Negotiis in eadem presenti Sessione Parliamenti exponend' declarand' et tractand' tractatibus hujusmodi mihi fact' seu faciend' consilium nomine meo impendend' Statutis que etiam & ordinationibus, quae ex maturo et deliberato judicio Dominorum, tam Spiritualium quam Temporalium, in eadem presenti Sessione Parliamenti congregat' mactetari, seu ordinari contigerint, nomine meo consentiend' caetera que omnia singula que in premissis, seu circa ea necessaria fuerint seu quomodolibet requisita faciend' perimplend' & exercend' in tam amplis modo et forma, ut ego ipse facere possem, et deberem, si presens Personaliter interessem, Ratum et Gratum habens' et habitur' totum et quicquid procuratores mei praedicti statuerint aut fecerint, seu alter eorum statuerit aut fecerit in premissis. In cujus Rei testimonium. Sigillum meum magnum et Episcop' presentibus apponi, feci, dat' etc' Anno Domini Millesimo Quingentessimo Quinquagessimo Octavo.
I do observe it to be very usual, yet not always observed) in the return of Proxies, to suppose the Parliament to be begun, although they be returned sometimes before it begins, as these, and divers others which now follow (according to the entrance of the returns of them) were in this first Parliament of the Queen. Besides, the said Proxies are many times Dated divers days, nay weeks, before the first day on which the beginning of it is limited by the Summons: by which means it may also fall out, that if there be any Prorogations, the said Proxies may be both Dated and returned many Months before the Parliament do hold, but the reason, I conceive, of this Clause in every Proxie, may be, because, before any use can be made of it in the Upper House, or that be called for, the House must of necessity be set, and be in agitation of Business, and then the Course is, if any thing come to the Question, the Clerk of the Parliament, or his Deputy, is to search the Journal Book, to see whether such Lords as give their Voices, for others that be absent, be indeed nominated, and appointed their Proctors.
This same day were many other Proxies both usual and extraordinary returned, of which, and of the nature and forms of Proxies, more shall be presently said, after the setting down of the return of the said Proxies, inserted at the beginning of the Original Journal Book of this first Parliament of the Queen, in manner and form as followeth.
Eodem die (viz. 23. die Januarij) Introductae sunt Literae procuratoriae Johannis Domini Mordant, in quibus procuratores suos constituit Henricum Comitem Arundel, et Franciscum Comitem Bedford.
Vacat. Eodem die introductae sunt Literae procuratoriae Thomae Tresham prioris Sti. Johannis Jerusalem in Anglia, qui procuratorem suum constituit Nicholaum Archiepiscop' Eboracen.
Eodem die introductae sunt Literae procuratoriae Willielmi Domini Paget, qui procuratores suos constituit Henricum Comitem Arundel & Franciscum Comitem Bedford.
Eodem die introductae sunt Literae procuratoriae Cuthberti Episcopi Dunelmen', qui procuratorem suum constituit Archiepiscopum Eboracen.
Eodem die Introductae sunt Literae procuratoriae Johannis Comitis Bathon', qui procuratorem suum constituit Henricum Comitem Rutland.
Eodem die Introductae sunt Literae procuratoriae Georgij Domini Zouch, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductae sunt Literae procuratoriae Henrici Domini Aburgavenae, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductae sunt Literae procuratoriae Thomae Episcopi, Ely in quibus procuratores suos Constituit Nicholaum Archiepiscopum Eboracen' Episcopos Cestren' et Lincoln. And Note that the Christian Names of these two Bishops are omitted in the original Entrance.
Introductae sunt Literae procuratoriae Willielmi Domini Burgh, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae Procuratoriae Edwardi Domini Windsor', in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae procuratoriae Willielmi Domini Euers, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae procuratoriae Gilberti Episcopi Bathen' & Wellen', qui procuratores suos constituit Nicholaum Archiepiscopum Eboracen', Edmund' London', et Davidem' Petreburgen', Episcopos.
Introductae sunt Literae procuratoriae Henrici Episcopi Meneven' in quibus procuratores suos constituit Nicholaum Archiepiscopum Eboracen', ac Davidem' Petreburgen', Episcopos.
The Proxies introducted this day, and entred in the beginning of the Original Journal Book of the Upper House, as the constant use is, are referred by me always to those days on which they were entred to have been returned, unless it be in such Journals, where the day of the return is not entred, as in the Original Journal Book, A. 39. Regin. Eliz. from which time to this day, the same Course hath been observed.
And because I have desired to make up a work somewhat exact and perfect, of the Journals of the Reign of this most Gracious Queen, and once for all to make some Animadversions upon all matters of form in this Journal of her Majesties first Parliament, that so all other may be referred unto it, therefore I shall now add a little, touching the nature, kinds, and use of Proxies, as I have set downbefore, touching the Writs of Summons.
A Proxie therefore is no more than the constituting of some one or more, by an absent Lord, to give his Voice in the Upper House, when any difference of Opinion and Division of the House, shall happen, for otherways, if no such Division fall out, it never cometh to be questioned, or known to whom such Proxies are directed, nor is there any the least use of them, save only to shew, prove, and continue the Right which the Lords of the Upper House have, both to be Summoned, and to give their Voices in the same House, either in their Persons, or by their Proxies; And when the Voices of that House are to be divided, then the Clerk of the same, if he be present, or his Deputy, gives notice of such Proxies, as have been introducted and delivered unto him, and to whom they are directed, that they may give them accordingly. And as many Proxies as any Peer hath, so many voices he hath besides his own, and if there be two or three Proxies constituted by one absent Lord, as is frequent, then always the first named in the same is to give the Voice if he be present, and if absent then the second, et sic de reliquis.
It is plain by that ancient Manuscript Intituled, Modus tenendi Parliamentum, of which I have a Copy both in French and Latin, Cap. de inchoatione Parl. that if a Peer neither came to the Parliament, nor sent a Proxie upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks, if a Baron which was after qualified, viz. Rotulo Parliamenti A. 31. H. 6. Num. 46. And a Duke for such default was fined 100 l. an Earl 100 Marks, and a Baron 40 l.
And it is plain, that Anciently the Lords Spiritual and Temporal were often absent without the King's Licence, and did then only send the Expression of the Cause of their said absence, in their said Proxies, as did the Abbot of Selby. A. 26. Edw. 3. as appears, ex Registro ejusdem …' alledging only this reason, Quia impedimentis variis et arduis Negotiis concernentibus reformationem status Domùs nostrae simus multipliciter impediti &c. and so likewise in A. 36. H. 8. the Cause of the Abbot of Shrewsburies absence is thus expressed in the Original Journal Book of the Upper House, A. codem 20. die Parliamenti relatum est Quod Abbas Salop' gravi infirmitate detinetur quod hîc interesse nequit, ideo constituit procuratores suos Episcopam Coventr' et Eitch' et Comitem Salopiae conjunctim et divisim, but always then the Proxies were directed to the King, and did in truth contain in them as well supplication for his Pardon of their absence, as a Constitution of their Proctors, as doth plainly appear by this Proxie following, of the Abbots of Thorney, which I have the rather inserted at large, because the very Original it self under Seal remaineth with me amongst many other pretious Originals in my Library.
EXcellentissimo Principi et Domino suo singularissimo Domino Henrico Dei Gratià Regi Angliae et Franciae, ac Domino Hiberniae, suus humillimus et Devotus Robertus Dei patientia divina Abbas Monasterii beatae Mariae sancti que Botolphi de Thorney subjectionem, et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend' pro me et nomine meo, in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox' futur' post datum presens apud Westm' favente gratia Spiritûs sancti felicitor inchoand' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand' precipuè pretextu adversae valetudinis nostrae caeteris que ex causis justis veris et probabilibus quod interesse non valemus prout affectamus: Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hàc parte excusatam gratiose dignetur habere vestrae Clementia Majestatis, et ut vestro Mandato in quantum possumus in omnibus pareamus, Reverendos in Christo Patres Sancti Albani Sti' Edmundi de Bury, Sti' benedicti de Ranisy, et Sti' Gutlaci de Coland' Abbates conjunctim et divisim, et corum quemlibet nostros veros, et Legitimos procuratores Atturnatos que fideles tenore presentium constituimus et ordinamus, promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me, et nomine meo, fecerint vel alter fecerit in premissis seu aliquo promissor' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam. In cujus Rei testimonium Sigillum nostrum Commune present' est appensum Dat' apud Thorney praedict' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto.
Sometimes also the said Sickness, or cause of Absence is Testified by Oath, as appears in the Original Journal of the Upper House, A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness.
But even Anciently, if the Parliament were to be Assembled by reason of some great and extraordinary occasion, And that the King declared in his Writ of Summons, that he would not admit of any Proxies ista vice, then none did presume to send them, but upon the King's Licence first obtained, as appears, ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij.
But of later times, since the 38th. year of H. 8. the Lords in their very Proxies, do express their absence to be by the King, or Queen's Licence, and oftentimes the Clerk of the Upper House doth insert the Memorial of their return, with their expression of their absence by the said Licence. And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord, that sent the said Proxie to constitute some other Spiritual Lord, or a Temporal Lord, or both, and so likewise mutatis mutandis hath the liberty been of a Temporal Lord, although there appears but three Presidents thereof, during her Majesties Reign, of which, the first was in A. 5. Regin. Eliz. where William Bishop of Exeter, constituted for his Proctor Francis Earl of Bedford. And the second in A. eodem Regin. ejusdem, where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely, and Rowland Bishop of Bangor. And the third and last in A. 28. & 29. Regin. praedict', where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury, but in former time the Presidents of this nature, are more frequent.
For there was so little observation kept in this kind, as sometimes the Lords Spiritual, and Temporal did Constitute the Judges and Barons of the Exchequer, being but attendants on the House, for their Proctors, and sometimes Strangers, as the Abbot of Selby in Edward the third's time Constituted John Goldale, a Monk of that house, and William R. Clerk his Proctors, and these also were sometimes appointed Tryers of Petitions joyntly with the Lords, as appears A. 14. Ed. 3. and sometimes Committees with the Lords, prout patet ex rotulo Parliam' de A. 14. Ed. 3. N. 13. 14. & 18.
These Animadversions being thus premised of Proxies in general, now follow some others that concern the Particular Proxies foregoing, and the residue that were returned at this Session, on Saturday the 4th. day of February ensuing, and on Wednesday the 8th. day, and on Saturday the 18th. day of March following, and on Tuesday the 4th. day of April ensuing.
And therefore in the first place, it shall not be amiss to make remembrance, that in the Journal of this Parliament, I have caused the entry of all Proxies whatsoever, as well ordinary as extraordinary to be Transcribed, because it is the first Parliament of her Majesty, whereas in most of the residue, I have only caused those to be inserted into my Journals, which were extraordinary and unusual.
And whereas the word (Vacat) is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England, as also before that of William Lord Euers, which are before, amongst others set down. The reason of the first I cannot possibly Guess, because neither the Archbishop of York, to whom the said Thomas Tresham had sent his Proxie, was himself absent, nor the said Prior present, nor dead before the return of his said Proxie, as may easily be gathered; but for the other, it is plain that the Lord Clinton, whom the Lord Euers did Constitute for his Proctor, was absent at the beginning of this Parliament, and did himself send his Proxie, which is entred at the beginning of the Original Journal Book of the Upper House, to have been returned on Saturday the 4th. day of February, although the word (Vacat) be prefixed also before the entrance of the return of the same, because he afterwards came to the Parliament himself, and served in Person in the Upper House, the greatest part of the continuance thereof, and from these examples may be gathered the true Causes, both why, and when a Proxie that is returned becometh void, either when the Peer, or Lord that sends the Proxie dies himself, or comes to the House in Person before the end of the Parliament, or that the Proctor or Proctors, whom he constitutes, do die, or be otherwise absent, and send their Proxies themselves; for in this latter case, those Proxies are to be repealed by the Lord Chancellor, as there is a President for it in the end of the Original Journal Book of the Upper House, A. 33. et 34. H. 8. in the case of Nevil Lord Latimer, for though the absent Lord, or Lords, to whom the Proxie is directed, do constitute other Proctors, yet they cannot execute such Proxies as are directed unto him: for a Proxie is but an Authority to give another man's assent, which cannot be transferred to a third person; yet doth the sending of one Proxie sufficiently excuse any absent Lord, although the Peer, to whom it is directed, be not present himself, but as soon as that absent Lord shall have notice that he, or they, whom he constituted for his Procurators, do themselves send their Proxies also, by reason of their absence, then may he send another Proxie, and constitute one other or more Proctors for himself and in his stead, to give his voice de Novo, as the Lord Vaux did in A. 18. Jacobi Regis.
After those Bloody and Intestine Civil Wars, which had been raised in England in the year 1642. and that Robert, Earl of Essex, General of the Forces raised by the two Houses of Parliament against the King, had (by the Power of the Independent Faction, over ballancing those, who desired the settling of the Presbyterian Government) been laid aside, and Sir Thomas Fairfax Knight placed in his Room; the opposition between those two Parties in either House of Parliament, growing every day higher and higher, the Aged Earl of Mulgrave, being an Enemy to all Faction and Innovation, was much troubled that William Viscount Say and Seale, the chief Promoter of the Independent Novelties, did make use of his Proxie for the acting and passing those particulars, which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave: And therefore, my advise being desired by some of the Members of the House of Commons, for the reminding him. thereof, I drew the Letter and Instrument ensuing, being not only the first, but the sole President also of this King, which yet remains upon Record in the Office of the Clerk of the House of Peers.