The Journals of Parliaments, Journal 5
THE JOURNAL OF THE House of LORDS.
A Journal of the Proceedings of the House of Lords in the Session of Parliament bolden at Westminster, An. 8 Regin. Eliz. A. D. 1566. which began there (after divers Prorogations of the same) on Monday the 30th of September, and then and there continued until the Dissolution thereof on Thursday the 2d day of Jan. Ann. 9 Regin. ejusdem.
THIS Parliament de An. 8 Regin. Eliz. being in Law but one and the same with that held in an. 5 Reginae ejusdem, An. Dom. 1563. although not Assembled till about three Years after, was in the mean time never Dissolved, but only Prorogued from time to time by six several Prorogations, whereof the two first falling out in the said fifth Year of the Queen, are there mentioned as most properly belonging to the first Session of this Parliament (although the latter of them be entred at large in the Journal-Book de an. 8 Regin. Eliz.) and the four last of the said fix Prorogations do all here follow before the beginning of this Journal of Parliament of the passages of the Upper House (being full of excellent and rare matter) as necessary matter of preparation unto it, being in Law (as hath been observed) but the second Session of that former Parliament Assembled in An. 5 Regin. Eliz. predictae, whereof those two former Prorogations (as they do at large appear in the end of the Journal of the Upper House of that fifth year of the Queen) were the first of them from Saturday the 10th day of April, on which day that said first Session of this Parliament ended in that fifth year aforesaid, to the second day of October next ensuing, de an. 5. Reginae ejusdem; and the second Prorogation of those foresaid two former, was from the said second day of October in the said fifth Year of the Queen, to the 5th day of October, which should be in an. 6 Regin. Eliz. An. Dom. 1564. upon which foresaid 5th day of October in an. 6 Regin. supradictae, Anno que Dom. 1564. Prorogatum fuit ulterius praedictum Parliamentum modo & forma sequentibus.
Memorandum quod quinto die Octobris Anno Regni Elizabethae Dei gratiâ Angliae, Franciae & Hiberniae Reginae, fidei defensor. &c. Sexto, in quem diem praesens hoc Parliamentum Prorogatum fuerat, convenerunt Domini tam spirituales quam Temporales, quorum nomina subsequuntur.
Archiepiscopus Cantuarien., Marchio Winton. Thesaurarius, Comes Suffex; Comes Huntington, Episcopus London., Episcopus Roffen., Dominus Clinton Admirallus, Dominus Howard Camerarius, Dominus Cobham, Dominus Hunsdon.
Qui cum convenissent una cum populi at que Burgensium, ut vocant, satis magna frequentia, praedictus Archiepiscopus Cantuarien. paucis verbis declaravit conventum Procerum & populi, quem Parliamentum vocant, in hunc diem destinatum, à dicta domina Regina, ccrtis quibusdam de causis & considerationibus illam ad id specialiter moven. differri in tricesimum diem Aprilis prox. futurum; at que ut tam proceribus quam populo palam fieret Regiam Majestatem ita constituisse, Literas Commissorias dict. Dominae Reginae Francisco Spilman Armig. Clerico Parliamenti publicè & clarâ voce legendas in manus tradidii, Earum autem Tenor sequitur in haec verba.
Elizabetha Dei gratiâ Angliae, Franciae & Hiberniae Regina, fidei defensor, &c. Reverendissimo in Christo Patri, Matheo Cantuarien. Archiepiscopo totius Angliae Primati & Metropolitano, ac Charissimo Consanguineo & Consiliario suo Willielmo Marchioni Winton. Thesaurario Angliae, ncc non charissimis consanguineis suis Thomae Comiti Sussex, Henrico Comiti Huntingdon, Reverendis in Christo patribus Edmundo Episcopo London., Edmundo Episcopo Roffen., ac etiam praedilectis & fidelibus consiliariis suis Edwardo Domino Clinton, magno Admirallo suo Angliae, Willielmo Domino Howard de Essingham Domino Camerario suo, ac praedilectis & sidelibus suis Willielmo Domino Cobham Gardiano sive Custodi quin que portuum suorum, ac Henrico Domino Hunsdon, salutem. Cum nuper pro quibusdam arduis & urgentibus negotiis, nos, statum & defensionem Regni nostri Angliae ac Ecclesiae Anglicanae concernen., praesens hoc Parliamentum nostrum apud Civitat. nostram Westmonasterii duodecimo die Januarii Anno regni nostri Quinto inchoari & teneri ordinaverimus, à quo die idem Parliamentum nostrum tunc & ibidem tent. & continuat. fuerat us que decimum diem Aprilis tunc prox. sequen. ac post diversas Prorogationes idem Parliamentum nostrum us que ad & in instantem Quintum diem Octobris Prorogatum, ibidemque tunc tenend. & prosequend. Sciatis tamen quod certis urgentibus causis & considerationibus nos specialiter moven., idem Parliamentum nostrum ulterius Prorogand, duximus; de sidelitate igitur, prudentiâ & circumspectione vestris plurimum considentes, de avisamento & assensu Concilii nostri, assignavimus vos & tres vestrum, dantes vobis novem, octo, septem, sex, quinque, quatuor, & tribus vestrum tenore praesentium, plenam potestatem, facultatem & authoritatem, hoc instan. die Jovis ad praesens Parliamentum nostrum nomine nostro, ad & in tricesimum Aprilis prox. futur. us que praedictam Civitatem nostram Westmonasterii Prorogand, & continuand., ibidem que tunc tenend. & prosequend.: & ideo vobis mandamus, quod circa praemissa diligenter intendatis, & ea in formâ praedicta effect ualiter expleatis. Damus autem universis & singulis Archiepiscopis, Ducibus, Magnatibus, Comitibus, Vice-Comitibus, Episcopis, Baronibus, Militibus, Civibus & Burgen. ac omnibus ahis quorum interest, ad dictum Parliamentum conventur. tenore praesentium firmiter in mandatis, quod vobis in praenissis faciend. pareant, obediant, & intendant, prout decet. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste me ipsa apud Westmonasterium, Quinto die Octobris, Anno Regni nostri Sexto.
The like Commission, bearing date 30. die Aprilis An. 7 Eliz. was directed unto the Archbishop of Canterbury, the Marquess of Winchester Lord Treasurer, the Duke of Norsolk Earl Marshal of England, the Earl of Arundel, the Earl of Shrewsbury, the Earl of Derby, Thomas Earl of Sussex, the Earl of Huntingdon, the Earl of Pembroke, the Earl of Warwick, and the Earl of Leicester, the Bishop of London, and the Bishop of Rochester, the Lord Cobham, Warden of the Cinque-Ports, the Lord Wentworth, and the Lord Hunsdon, Authorizing them 17, 16, 15, 14, 13, &c. or three of them to Prorogue and continue the Parliament, ut supra in the other Commissions, mutatis mutandis, unto the 4th day of October next coming. Teste me ipsa apud Westmonasterium 30 die Aprilis Anno Regni nostri Septimo.
On which 30th day of April, the Lord Treasurer, the Duke of Norfolk, the Earl of Arundel, the Earl of Derby, the Earl of Sussex, the Earls of Huntingdon, Pembroke, and Warwick, the Bishop of London, the Lord Admiral, the Lord Chamberlain, the Lord Cobham, the Lord Wentworth, and the Lord Hunsdon, did meet in the Parliament Chamber, and in due and accustomed Form did Adjourn the Parliament unto the 4th day of October according to the said Commission last specified; and caused the said Commission to be publickly read by Francis Spilman Esq, Clerk of the Parliament, in hearing of the Commons then also present, according to antient Custom in that behalf.
On the 4th day of October Anno Regni Reginae Eliz. Septimo, The like Commission ut supra, bearing date the said 4th day of October, directed unto the Archbishop of Canterbury, the Marquess of Winchester Lord Treasurer, the Duke of Norfolk Earl Marshal of England, the Earl of Sussex Chief Justice of all Forrests, &c. on this side Trent, Ambrose Earl of Warwick Master of the Ordnance, the Bishop of London, and the Bishop of Rochester, Edward Lord Clinton great Admiral of England, William Lord Howard of Effingham Lord Chamberlain, Thomas Lord Wentworth, and Henry Lord Hunsdon, authorizing them 10, 9, 8, 7, 6, 5, 4, and 3. ut antea, mutatis mutandis, to Prorogue and continue the same Parliament, in Septimum diem Februarii prox. futurum. Teste me ipsa apud Westmonasterium 4 die Octobris, Anno Regni nostri Septimo. Which Commission was read by the Clerk of the Parliament, in the Parliament Chamber, in presence of ten of the Commissioners, and of the Commons.
Memorandum quod hodie septimo die Februarii, Anno Regni Eliz. Dei gratiâ Angliae, Franciae & Hiberniae Reginae sidei defensor. &c. Octavo, in quem diem praesens hoc Parliamentum Prorogatum suer at, convenerunt Domini tam spirituales quam temporales quorum nomina subsequuntur, viz.
Archiepiscopus Cantuarien., Nicolaus Bacon Miles, Custos magni Sigilli, Marchio Winton. Thesaurar, Dux Norfolc. Comes Marescallus, Marchio North, Comes Sussex, Comes Warwick, Episcopus London., Episcopus Roffen., Dominus Clinton Admirallus, Dominus Howard Camerarius, Dominus Wentworth, & Dominus de Hunsdon.
Qui cum convenissent, unà cum populi at que Burgen. ut vocant, satis magnâ frequentiâ, praedictus Nicolaus Bacon Miles, Dominus Custos magni Sigilli, paucis verbis declaravit conventum Procerum & populi, quem Parliamentum vocant, in hunc diem destinatum, à dictâ Dominâ Reginâ, certis quibusdam de causis & considerationibus illam ad id specialiter moven., differri in 30 diem Septembris prox. futur.
These foregoing Prorogations of this present Session of Parliament, being thus at large, or abstractedly transcribed, now follows in Order the Assembling and Meeting of both Houses in their several places, on Monday the 30th day of September, to which day it had been last Prorogued, so that either House going on where they last left, there was no Meeting in the Upper House at all of both Houses, nor the Queen came not in Person, as she used to do when a new Parliament began, nor hath it ever been used in latter times upon a meer Prorogation; but yet on Wednesday the second day of October following, by reason of the Choice of a new Speaker in the House of Commons, which was occasioned by the Death of the former, the Queens Majesty came in her accustomed Royalty, as at the beginning of a Parliament is usual, and there admitted of their new Speaker, presented unto her, whom they had Chosen but the day before, by vertue of her Majesties Commission, all which in due Form and Order follows.
On Monday the 30. day of September, to which day this present Session of Parliament had been last Prorogued, there Assembled in the Upper House according to the usual form and course (as also the Knights, Citizens and Burgesses of the House of Commons did in their own proper place) Sir Nicholas Bacon Knight, Lord Keeper of the great Seal of England, the Lord Archbishop of York, the Lord Marquess of Winchester Lord Treasurer of England, the Duke of Norfolk Earl Marshal of England, the Marquess of Northampton, with divers Earls, Viscounts, Bishops and Barons; the particular setting down of whose names is purposely omitted here (although it were the first day of their Assembling together) because they are at large set down on the second day of October following being Wednesday; when by reason of her Majesties coming in Person to the Upper House, the presence of the Lords was somewhat greater than upon this instant Monday.
Hodiè retornatum fuit Breve, quo Edwardus Dominus Stafford ad praesens Parliament. summonitus fuit, qui admissus est ad suum praeheminentiae locum salvo semper jure superioris sedentis. Consimile pro Henrico Domino Paget. Consimile pro Rogero Domino North. Consimile pro Roberto Comite Leicestriae. Consimile pro Henrico Comite Westmorl.
This day Sir Edward Rogers Knight, Comptroller of her Highness Houshold, Sir Francis Knolles Knight, her Highness Vice-Chamberlain, Sir William Cecill Knight, her Highness Principal Secretary, and Sir Ambrose Cave Knight, Chancellor of her Highness Dutchy of Lancaster, four Chief Members of the House of Commons, and divers others of that Assembly to the number of twenty persons, being sent up to the Lords from that House upon some urgent and weighty occasions, desired to be admitted into the Upper House, there to make known to their Lordships somewhat wherein they should require their advice, and need their assistance; upon which, being admitted, the said Mr Comptroller, assisted with the Personages and Company aforesaid, did in comely order and discreet modesty, make manifest and known unto the said Lords, that Thomas Williams Esquire, their late Speàker in the last Session of this Parliament, in the fifth Year of the Queens Majesty that now is, was bereft from them by Death, which had been openly and manifestly made known and testified unto them; for remedy of which defection, they humbly prayed their Lordships advice; after which the Lord Keeper, first requiring the said Personages a while to withdraw themselves, and then commending the Order of the matter to the Lords sitting in consultation for the same, it was by them all upon considerate advice therein had, thought fit to signifie unto the said Commons by the Personages aforesaid, that they thought it expedient and good, the said Lord Keeper, the Lord Treasurer of England, the Duke his Grace of Norfolk, and the Lord Marquess of Northampton, with the four forecited Personages of the said House of Commons, being also of her Highness most Honourable Privy-Council, should in the name of both of the Assemblies, with all humbleness and due celerity, make intimation of their said Estate, and the Petition thereupon depending, unto her said Highness, to which advice the said House of Commons, upon knowledge had of the same, wholly assented.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in diem Martis primum Octobris.
On Tuesday the first day of October, the Bill for the making void of fraudulent Gifts and Alienations, was read primâ vice.
The Queen, having been moved as it seemeth the day past about the Death of the former Speaker, and the Choice of a new one in the House of Commons, by those eight Right Honourable Personages, who were then and there named to move her Highness in it; did give Order, that this present Tuesday, both the Lords and Commons should Assemble, and meet together in the Parliament Chamber, there to receive her Majesties Answer. Where being Assembled, the Lord Keeper shewed forth a Commission from her Highness, under the great Seal of England, which was directed unto him only; the tenor whereof is set down at large in the Journal of the House of Commons, de An. isto 8 Regin. Eliz. (to which House it properly belonged) viz. That in respect Thomas Williams Esq the former Speaker was dead, therefore the Lord Keeper was for her Majesty, and in her Name, to will and Command the Knights, Citizens and Burgesses of the said House of Commons, to resort unto their accustomed place, and there to Elect and chuse amongst themselves, one able and sufficient person, to be their Speaker, for the rest of this present Parliament, yet to come. And after they should have made their Election, that then three or four of them, for, and in all their names, should signifie the same unto her Majesty, and thereupon her Highness would further signifie her pleasure unto them, what day and time they should present him so Elected before her, as it had been used formerly in like Cases to be done.
There was this day no other Bill, or other business agitated in the Upper House; for immediately upon the reading of the last above-mentioned Commission, the Continuance of the Parliament is Entred in the Original Journal-Book of the said House, in manner and form following, viz.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us que diem Mercurii secundum diem Octobris.
On Wednesday the second day of October, it seemeth there was no meeting of the Lords, nor any thing done in the Forenoon; neither is any mention made in the foregoing continuance of this Parliament by the Lord Keeper, to what Hour of this Wednesday it was continued; which is usual in other continuations of it. But the reason why they met not till the Afternoon, seemeth to be, because then the Queens Majesty her self came thither; to whom Richard Onslow Esq her Majesties Sollicitor, having been Chosen Speaker for the House of Commons the day past, was presented, and admitted by her, in manner and form as followeth.
About three of the Clock in the Afternoon this present Wednesday, the second day of October, the Queens Majesty took her Barge, and Landed on the back-side of the Parliament-Chamber; and so the Earl of Northumberland bearing the Sword, the Lady Strainge her Trayn, with the Lords in their daily Apparel, and the Heralds attending on her, she proceeded up into the Privy-Chamber, to prepare her self; during which time the Lords and Justices put on their Parliament Robes, and took their places in manner and form following. In which it is to be noted, that no part of this days passages already set down, is found in the Original Journal-Book of the Upper House; but is either transcribed out of a certain Anonymous memorial I had by me, in which the presentment of the Speaker this day, is somewhat exactly set down, or was supplied by my self, upon the comparing of several things together. Now follow the Names of the Lords and others as aforesaid.
First on the Form on the North-side, together with the Upper Form at the nether end, sate the Bishops as followeth.
Younge Archbishop of York.
Grindall Bishop of London.
Pilkington Bishop of Durham.
Sands Bishop of Winchester.
Birkley Bishop of Bath and Wells.
Bett. Bishop of Carlisle.
Barlow Bishop of Chichester.
Alleo Bishop of Exeter.
Gest. Bishop of Rochester.
Skamler Bishop of Peterburgh.
Horne Bishop of Worcester.
Bullingham Bishop of Lincoln.
Bentam Bishop of Coventry and Lichfield.
Denham Bishop of Chester.
Scorie Bishop of Hereford.
Davies Bishop of St Davids.
Parkhurst Bishop of Norwich.
Cheyney Bishop of Gloucester.
Nota, That these names with those that follow, being transcribed in a different manner from all others in the residue of the Journals of the Queens time, were so found with the Names of the Lords Spiritual and Temporal added to them, in that before-mentioned Anonymous memorial of this present Wednesdays passages, being the second day of October; and were therefore transcribed out of it, as is aforesaid, rather than out of the Original Journal-Book of the Upper House; although the Series of them that were present set down there, did serve well to rectifie those foregoing, and these also that next ensue.
At the foremost Form on the South-side, sate these Peers, viz.
William Paulet Marquess of Winchester, Lord Treasurer.
Thomas Howard Duke of Norfolk, Earl Marshall of England.
William Parre Marquess of Northampton.
Thomas Peircie Earl of Northumberland.
Charles Nevill Earl of Westmorland.
George Talbot Earl of Shrewsbury.
William Sommerset alias Plantagenet Earl of Worcester.
Thomas Ratcliff Earl of Sussex.
Henry Haistings Earl of Huntingdon.
Edward Seymor Earl of Hartford.
Robert Sutton alias Dudley, Earl of Leicester, and Master of the Horse.
Anthony Brown Viscount Mountague.
Nota, That Edward de Vere Earl of Oxford, Lord Great Chamberlain of England, Edward Mannors Earl of Rutland, William Bowrchier Earl of Bath, and Henry Wriotheisly Earl of Southhampton; were at this time under Age, and in Ward to the Queen; and therefore they were not admitted to take their places in the Uppermost House, but (if they were present) did either stand besides the upper part of the Rail, at the higher end of the said House, or were admitted to kneel at the upper end of the same House, near the Chair of State, at this time, and upon like solemn days; for no Peer is admitted to have his free Voice, or sit as a Member of that Great Council, untill he have accomplished his full Age, unless by the special Grace of the Prince.
At the Form at their back, and the nether Form at the nether end, sate these Peers.
Fynes Lord Clinton, as Lord Admiral, sate first amongst the Barons.
Howard Lord Effingham, as Lord Chamberlain of her Majesties Houshold, sate second.
Nevill Lord of Burgaveny, sate in his due place of preheminence, and so the rest that follow, unless such as were misplaced by the Clerks error, which is too frequent.
Zouch Lord Zouch.
Standley Lord Strange.
Birkley Lord Birkley.
Parker Lord Morley.
Brooke Lord Cobham.
Stafford Lord Stafford.
Gray Lord Gray of Wilton.
Sutton Lord Dudley.
Lumley Lord Lumley.
Blunt Lord Mountjoy.
Darcy Lord Darcy of Mevill.
Standley Lord Mounteagle.
Sands Lord Sands.
Vaux Lord Vaux.
Windsor Lord Windsor.
Wentworth Lord Wentworth.
Burrough Lord Borough.
Mordant Lord Mordant.
Cromwell Lord Cromwell.
Evers Lord Evers.
Willoughby Lord Willoughby.
Sheffeild Lord Sheffeild.
Paget Lord Paget.
Darcy de Chiche Dominus Darcy.
North Lord North of Carthelige.
Bridges Lord Shandois.
Haistings Lord Haistings of Loughborough.
Carey Lord Carey of Hunsdon.
St John Lord St John of Bletsoe.
Nota, That Dutchet Lord Audley, and the Lord Dacres of the North, were under Age.
All which Peers abovesaid had their Mantles, Hood and Circots furred with Miniver, their Arms put on the right side, and the Duke of Norfolk had Bars of Miniver; the Marquess of Winchester and Northampton had three Bars of Miniver, the Earls likewise; the Viscounts two, and the Barons two.
Item, On the upper Sack of Wooll sate the Lord Keeper, till the Queen came; and then went to his place at the Rail. On the Woolsack on the Northside, sate Sir Robert Catlin, and Sir James Dyer, the Queens two Chief Justices, Mr Corbet Weston and Southcote Justices of both Benches; on the Woolsack on the Southside, sate Sir William Cecill the Queens Principal Secretary, Sir William Cordall Master of the Rolls, Sir Thomas Sanders Chief Baron, Baron Whiddon ..... Carus the Queens Serjeant, ..... Gerrard the Queens Attorney; and on the nether Sack sate Mr Vaughan, and Yale, Masters of the Chancery, Mr Spilman Clerk of the Parliament, Mr Martin Clerk of the Crown, and Mr Peile his Joint Patentee. And behind them kneeled Smith, Clerk of the Council, and Jones Clerk of the Signet, Permiter and Dister.
Then the Queens Majesty being Apparelled in her Parliament Robes, with a Caul on her Head, came forth, and took her Seat; the Marquess of Northampton carrying the Cap of Maintenance; and after stood on her right hand the Duke of Norfolk, carrying his Marshals Rod, and on her left hand the Earl of Northumberland, with the Sword, the Heralds also and Serjeants at Arms being before her; her Majesties Mantle was born up on either side from her Shoulders, by the Lord Chamberlain and the Lord of Hunsdon, who also stood still by her, for the assisting thereof; when she stood up, her Train was born by the Lady Strange, assisted by Sir Francis Knolles Vice-Chamberlain; at the left hand of the Queen, and on the South-side, kneeled the Ladies, and at the Rail at the Queens back, on the right hand, stood the Lord Keeper; and on the left hand the Lord Treasurer.
Then the Queen (as aforesaid) being placed at the South Door, came in the House of Commons, bringing in between Sir Edward Rogers Comptroller of the Queens House and Sir Francis Knolles Vice-Chamberlain, Mr Richard Onslow Esq the Queens Sollicitor, whom they had Chosen for their Speaker, and after a Reverence done, proceeded after down to the Wall, and from thence came up to the Rail, in the way doing three Reverences, and then began the said Speaker to say, as followeth.
IF it please your Royal Majesty, most Vertuous and most Excellent Princess, At the humble Suit of the Knights, Citizens and Burgesses of your nether House of Parliament, now Assembled, was signified from your Majesty, by the mouth of the Lord Keeper, by force of your Highness Letters of Commission, your pleasure and grant of free Election to the Knights, Citizens and Burgesses, to chuse a fit, and learned man, to be their Speaker, instead of Thomas Williams Esq their late Speaker, whom it hath pleased God to call to his Mercy. For which they have Commanded me, in their Names, to render unto your Majesty most humble thanks; And have Commanded and forced me, to my great grief, to signifie to your Majesty, how accordingly they have proceeded to an Election, and chosen and assigned me (as I may say) being most unworthy to speak in this place, for this Parliament; and for that I would not be obstinate, I am forced to wound my self with their Sword, which wound yet being green and ☞ new, your Majesty being the perfect Physician, may Cure in disallowing that which they have allowed; for that, without your consent it is nothing. And although I being very loth to trouble your Highness, have made Suit and used all ways and means to avoid it, yet could I find no remedy; and therefore am driven to seek remedy at your hands; for though I have the experience of their uprightness, wisdom and knowledge, which chose me, who if they would have found any fault in me, I would lightly have believed them (notwithstanding that we are for the most part given to think too much of our selves) but in this day, that they seem to enable me to this calling, whereof I know my self unable, I cannot credit them, no more than the simple Patient grievously tormented with sickness, will believe the Physician, nay the whole Colledge of them, if they say he hath no grief, pain or sickness. I therefore do not attempt this releasing of me for any ease of my self, but would be glad to serve your Majesty, to the uttermost of my Power, in the Office of Sollicitorship, whereunto I am appointed, and not in this, being unfit for the same; and that for divers Causes. For first, I consider, I have to deal with many well Learned, the Flower and Choice of the Realm, whose deep understanding my Wit cannot attain to reach unto. No, if they for great carefulness would often inculcate. it into my dull Head, to signifie the same unto your Highness, yet my Memory is so slippery by Nature and Sickness, that I should likely lose it by the way; yet if perhaps I kept part thereof, I have no other knowledge to help my self withall, but a little in the Law, far inferiour to divers in this House; and so should want Learning and Utterance to declare their meanings, as it requireth; specially when I consider your Royal Majesty, a Princess endowed with so many Vertues, Learning and flowing Eloquence, it will abash and astonish me; and therefore finding these infirmities, and other in me, I think my self most unworthy of this place. I trust therefore only in your Highness, that you will disallow this Election; and the rather, for that by the true intent of your said Letters, it may not be gathered that they should elect any of your Majesties Officers; for although the words be to have their free Election, yet the Law may restrain them in some measure: As for Example, we find in the Law, that if it would please your Majesty, to grant Licence to a Dean and Chapter, to purchase to them and their Successors, a hundred pound yearly; which words be generally: yet if the purchased Lands be holden in Capite, this grant is void. And again, if you grant the Fines and Amerciaments of all your Tenants to one, who after chanceth to be Sheriff of a Shire, yet being a Sheriff he cannot have them. So this (me seemeth) if it please your Highness, serveth my Case. Another Cause is for want of substance to maintain this my Countenance; but yet your Majesties goodness in this point stoppeth my Mouth, for that I have none other living, but in manner by you. So for all these considerations, and divers others, as it shall please your Majesty to consider, I humbly desire your Highness to disallow this Election, Commanding them to repair again together, and to chuse another more fit, to serve the same. And so he ended, and did his Reverence.
Then the Queen called the Keeper, declaring her opinion in Answering him, who returning to his place, said as followeth.
Mr Onslow, The Queens Majesty hath heard and well understood this disabling your self to this Office; and doth well perceive your earnest Suit to be discharged of the same; and for Answer, hath Commanded me to say, that she doubteth not, but you very well understand, that when one is chosen to serve the Common-Wealth, it is not in him which is called, who hath appointed him thereunto. Also there is an old similitude, that like as it appertaineth to the head, to dispose every inferior member in his place, so it pertaineth to the Queens Majesty, being the Head, to appoint every one in the Common-Wealth; This being truth, and her Majesty withal remembring your Fidelity and long Experience in Parliament matters, and again being chosen by so learned and expert men, thinketh therefore your fitness needeth not to be disputed here, and therefore they giving unto you such Faith and Credit, according to an Antient Custom, she cannot but do the like; and also you in disabling your self have abled your self, and therefore she doth allow and approve this their Election, nothing doubting her opinion in your ability to serve this turn; and so ended.
Mr Onslow's Answer.
SEeing that it hath pleased your Majesty to ratify this Election, I to the uttermost of my power shall serve your Highness, and this Common-Wealth; but first my humble suit is, that it would please your Majesty, to accept my good will: and the better to discharge my Duty towards them which have Chosen me, that in great matters sent from them, I may have access to your Majesty at times convenient, as the weight shall require. Secondly, If by weakness I shall mistake the effect and meaning of the matters committed to me, by the Knights, Citizens and Burgesses, and thereby against my will misreport them; that then thereby this Common-Wealth may take no detriment; but that I may confer again with them, the better to understand their meaning, and so with more words to utter the same unto you; And I shall pray, as I am bound, to God, for your long and prosperous Reign over us.
Then her Majesty called the Lord Keeper, and Commanded him to Answer him, which he did as followeth.
Mr Speaker, The Queens Majesty hath heard your humble Petitions, and request made unto her, the effect whereof she gathereth to stand in two points; first, for access to her person; and secondly, for good interpretation of your meaning, and also larger Declaration thereof, if need be. For the former, her Highness (as her Noble Progenitors have done) is well contented, that in convenient time, and for convenient Causes, in -convenient place, and without importunity (for that these parts now touched, have not been afore this time so well handled, as she trusteth now it shall be) which considered, as free access she granteth you, as any other hath had. For the second point, because no man at all times may do so well, but sometimes things may be uttered, which may be mispoken; for which cause, in that time also you shall have her intreatable; but she thinketh your circumspection to be such as she shall not therein need. And so ended.
Now a word or two to remember you here present of both the Houses; first, this it is that I would advise you in this your proceeding, to prefer the most weighty matters first, and not trouble your selves with small matters, and of no weight; and therein also, that all be done to understand the truth, and to avoid all superfluous matters, and losing or driving away of time. Secondly, It is profitable that you my Lords, and all others that be here, consider that long time requireth great expences, and therefore wish you to make Expedition the rather, to avoid the same. And yet not meaning such Expedition, that any thing needful to be done, should be lightly passed over, and not substantially done, and seen unto; but only I mean that you should settle your selves wholly to mighty matters, and those which be necessary, and to spare superfluous things, and which needeth not; And this is the sum I have to say.
Then the Speaker, and the Knights, Citizens and Burgesses of the House of Commons, having made their low Reverence towards her Majesty, departed to their own House; and the Queen (after the Lord Keeper had by her Majesties Commandment, continued the Parliament unto the Morrow following) returned into her Privy-Chamber, and there shifted her, and then repaired to her Barge; and so to the Court. Hactenus ex Memoriali praefato.
On Thursday the third day of October, were three Bills read; of which the last being the Bill for the better Execution of certain Statutes, and for the reformation of certain disorders used in the Law, was read primâ vice, & tunc commissa Archiepiscopo Cantuarien., Duci Norfolciae, Comiti Mareschall. Angliae, Comiti Salopiae, Comiti Wigorniae, & Comiti Leicester, Episcopo Dunelmen., Episcopo Elien. & Episcopo Carliolen., Domino Cobham, Domino Grey de Wilton, & Domino Haistings, Domino Primario Justiciario Banci Regis, Domino Primario Baroni Scaccarii, & Scrvienti Carus.
Nota, That this days passages are wholly transcribed out of the Original Journal-Book of the Upper House, as are also the greatest part of the days following; although the whole proceedings of Wednesday foregoing were inserted out of the before-mentioned Anonymous memorial, touching the Speakers presentment and allowance, which I had by me.
Nota also, That the former Bill touching the better Execution of certain Statutes, &c. was not only committed upon the first reading, which is not usual till after the second, but committed also to the Judges, being but Assistants of the Upper House, and to the Queens Serjeant, being but a meer Attendant upon the same, jointly with the Lords, the only proper and undoubted Members of that Great Council; which is a matter to be observed, because of later days neither the said Assistants nor Attendant, are ever appointed joint Committees with the Lords, as here; but only Commanded by the House to attend upon the Committee, and there to give such advice, as shall be required from them; which is no greater respect yielded them at a Committee than in the House it self, sitting the Parliament, and were they still admitted to be Committees, as they usually were in all these first Parliaments of the Queen, yet could no inconvenience ensue thereby; because at a Committee things are only prepared, and made ready for the House; in which and no where else they ought to be concluded, and expedited.
And Nota lastly, That the Parliament was this day continued to Saturday the 5th day of October ensuing; but whether by the Lord Keeper, who (as it seems) at this time fell sick of the Gout, or by the Lord Treasurer, who for a while afterwards was appointed by the Queens Commission to continue it, according to the usual form and course in such case used, doth not appear in the Original Journal-Book of the Upper House, but is omitted through the negligence of Francis Spilman Esq, now Clerk of the same House.
On Saturday the 5th day of October (to which day the Parliament had been last continued) two Bills of no great moment, had each of them one reading; of which the second, being the Bill for the taking away Clergy in certain Cases, was read secundâ vice, & commissa Archiepiscopo Eboracen., Duci Norf., Comiti Huntington, Comiti Leicester, Vice-Comiti Mountague, Episcopo London, Episcopo Dunelmen., Episcopo Lincoln., Domino Clinton, Domino Morley, Domino Wentworth, Domino Willoughby, Domino North, Domino Hunsdon, the two Chief Justices, and the Chief Baron.
Nota, That the Judges being meer Assistants, and no Members of the Upper House, were here also made joint Committees with the Lords, which hath never been admitted of in later times.
These two Bills were read, the Lord Keeper by reason of his being sick of the Gout abstaining this day, and a good while aster, from the Upper House; and therefore William Lord Marquess of Winchester, Lord Treasurer of England, was Authorized by verbal Commission from the Queen, to supply his place; and accordingly continued the Parliament unto Monday next, being the 7th day of October; the form and manner whereof (although the President be very rare, and of great use) is only entred very briefly in the Original Journal-Book of the Upper House, in these words following.
Hodie dictus Thesaurarius, ex Mandato Dominae Reginae, eò quod Dominus Custos Magni Sigilli Podagrae Morbo laboraret, continuavit praesens Parliamentum us que in diem Lunae proxim. horâ consuetâ.
Nota, That here the Marquess of Winchester Lord Treasurer of England, did supply the Lord Keepers place in the Upper House, without any Authority given him by Commission under the great Seal; which in like Cases is usual, and therefore it is most probable that her Majesty did by word of Mouth, give him this Commandment or Commission, either in private, or in the presence of some other. Lords of the Upper House; which although it be not very usual, yet there want not Presidents of the same nature, as I was assured by Henry Elsing Esq, at this time Clerk of the Upper House, upon Friday the 16th day of April 1630.; and that especially in former times, as of King Edward the third, and others, the Lord Keepers place was (during his absence) for the most part supplied by vertue of the Kings verbal Command; and seldom by Commission.
October the 6th Sunday.
On Monday the 7th day of October, An Act to make void fraudulent Gifts, Bargains and Alienations, made for the deceiving of Creditors, was read primâ vice, and committed to Justice Dyer: Quod nota.
The Lord Treasurer continued the Parliament until the next day at nine of the Clock.
On Tuesday the 8th day of October, the Bill that no man killing any person by misfortune, at twelve score or longer mark, shall therefore forfeit his Lands, Tenements, or Goods, was read primâ vice.
Dominus Thesaurarius continuavit praesens Parliament. us que in diem Jovis prox. horâ nonâ.
On Thursday the 10th day of October, Three Bills of no great moment, had each of them one reading; of which the last being the Bill that no man killing any person at twelvescore prick, or longer mark, shall forfeit his Goods or Chattels (in which Bill for that it toucheth the Queens Prerogative, it was thought not convenient to proceed further, without her Highness pleasure first known in the same.)
Dominus Thesaurarius continuavit praesens Parliamentum us que in diem Sabbati prox. hora nona; and so every sitting day until Friday the 25th day of October exclusivè, the Parliament was continued in this Form by the Lord Treasurer, except Monday the 21th day, and Tuesday the 22th day of October; on both which days the House did sit, and Bills were read; but in the Original Journal-Book is no mention of continuing the Court by any person; which seemeth to have happened by negligence of the Clerk: and after the said 25th day of October (on which Sir Robert Catlin Knight, Lord Chief Justice of the Kings Bench, was appointed by her Majesties Commission to supply the place of the Lord Keeper, during his Sickness) it was continued until Saturday the 9th day of November ensuing; when Sir Nicholas Bacon, Lord Keeper of the Great Seal, repaired again to the Upper House, and there continued his place, till the Dissolution of this present Session of Parliament.
On Saturday the 12th day of October, Two Bills of no great moment, had each of them one reading; of which the first being the Bill against fraudulent Gifts of Goods and Chattels, and also a remedy for Creditors against Bankrupts, was Committed to the Lord Chief Justice Dyer, and Justice Southcote, to be by them considered against the next meeting: Quod nota.
October the 13th Sunday.
On Monday the 14th day of October, to which day the Parliament had been last continued by the Lord Treasurer, Two Bills had each of them one reading; of which the first being the Bill for the taking away of Clergy from Pick-Purses, and Cut-Purses, was read secundâ vice, & commissa ad ingrossand.
On Tuesday the 15th day of October, to which day the Parliament had been last continued by the Lord Treasurer, Three Bills had each of them one reading; of which the two first, the one being the Bill to take away the benefit of the Clergy from certain Offenders for some Felonies, for which by the Common Law they could not be denied it, was read tertiâ vice & communi omnium Procerum assensu conclusa. And the other being a Bill for the Confirmation of Fines and Recoveries, notwithstanding the fault of the Original Writ, & majore Procerum numero assentientium conclusa est. And the said two Bills so concluded, were committed unto the Queens Attorney, and Mr Martin, to be carried down to the House of Commons.
On Wednesday the 16. day of October, the Lords did meet in the Parliament Chamber, and nothing done, but the Parliament continued by the Lord Treasurer in usual Form, until Thursday the 17. day of October.
On Thursday the 17. day of October, Three Bills of no great moment, had each of them one reading; of which the first being the Bill to Naturalize John Stafford, born beyond the Seas, was primâ vice lect. and the third being against fraudulent Gifts of Goods and Chattels, and also a remedy against Bankrupts, was by the consent of all the Lords concluded.
On Saturday the 19. day of October, to which day the Parliament had been last continued, on Thursday foregoing, by the Lord Treasurer, the Bill for the punishment of the negligence and false return of Writs, by under-Sheriffs and Bayliffs; was by common consent of the Lords concluded, and with two other Bills before concluded, was sent to the House of Commons by Serjeant Carus, and the Attorney General.
On Monday the 21. day of October, the Bill for annexing of Hexhamshire to the County of Northumberland, was read primâ vice.
Two Bills were brought up to the Lords from the House of Commons, viz. One to take the benefit of Clergy from certain Offendors, returned exped. ; And another to repeal a branch of a Statute made Anno 23 Hen. 8. touching prices of Barrells and Kilderkins.
On Tuesday the 22. day of October, to which day the Parliament had been last continued, two Bills of no great moment, had each of them one reading; of which the second, being the Bill for the annexing of Hexhamshire to the County of Northumberland, was read secundâ vice; and committed to the Archbishop of York, the Earl of Northumberland, the Earls of Westmoreland, and Bedford, the Bishop of Durham, the Bishop of Carlisle, the Lord Evers, the Lord Rich, and the Lord North, and to Justice Welsh and Serjeant Carus.
Nota, That here a Judge, being but an Assistant, and a Serjeant, being but an Attendant upon the Upper House, are made Joint-Committees with the Lords; Ut vide plus on Thursday the third day of this instant October foregoing.
Nota also, That an Extraordinary Proxy is Entered in the beginning of the Original Journal-Book of the Upper House, to have been introduced this day, being as followeth, viz.
22 die Octobris introductae sunt literae Procuratoriae Cuthberti Domini Ogle, in quibus Procuratores constituit Franciscum Comitem Bedford, & Johannem Dominum Lumley.
This I call an Extraordinary Proxy, in respect that a Temporal Lord did Constitute two Proctors; whereas usually they nominate but one, and the Spiritual Lords for the most part two; and this Proxy of the Lord Ogle's may the rather seem unusual, in respect that of sixteen Temporal Lords, who were absent by her Majesties Licence from this Session of Parliament, there was but one more, viz. Francis Earl of Bedford (ut vide on Saturday the 9. day of November following) who Constituted above one Proxy.
It is also worth the noting, that Robert Earl of Leicester, being at this time a Favorite, was Constituted the sole and joint Proxy of eight several Temporal Lords, who with six others, as is aforesaid, were absent this Session of Parliament: from which, as also from other Presidents of former and later times, it may easily be gathered, that any Member of the Upper House, by the antient usage and custom of the same, is capable of as many Proxies, as shall be directed unto him, although there was an Order made in the said House to the contrary A. D. 1626. That no Lord or Member whatsoever of the Upper House, should for the time to come, be capable of above two Proxies at the most; which said Order was occasioned in respect that George Duke of Buckingham (Favorite of the King Deceased, and of King Charles) being guilty of many Crimes, did, to strengthen himself by Voices, not only procure divers persons to be made Members of that House, but also engrossed to himself near upon twenty several Proxies.
Vide one other Extraordinary Proxy on Saturday the 9th day of November, and another on Sunday December the first following.
This Forenoon also these twenty Lords under written, were appointed to repair in the Afternoon to the Queens Majesty; viz.
The Archbishop of York.
The Earl of Northumberland.
The Earl of Westmoreland.
The Earl of Shrewsbury.
The Earl of Worcester.
The Earl of Sussex.
The Earl of Huntingdon.
The Earl of Warwick.
Viscount Bindon.
Viscount Mountague.
The Bishop of London.
The Bishop of Durham.
The Bishop of Winchester.
The Lord Cobham.
The Lord Rich.
The Lord Wentworth.
The Lord Pagett.
The Lord Sheffeild.
The Lord Hastings of Loughborough.
The Lord Hunsdon.
The business about which these Lords repaired to the Queen, is not in the Original Journal-Book it self of the Upper House, but it may be guested it was concerning those two great businesses of the Queens Marriage, and the Declaration of the next Heir, and Successor after the Queens Decease, to the Crown; which business bred so much distast afterwards between her Majesty and her Subjects in this Session; so that, as afterwards the Lords did Petition the Queen about it, so now (it should seem) these Lords repaired unto her, either to desire leave to prefer that Petition, and that they might confer with the House of Commons about it, or else to know of her Majesty a fitting time, when they might repair unto her, with their said Petition, and so receive Answer unto it. But what the Queen replied at this time, is hard to be conjectured; only it followeth at large, that on Tuesday the 5th day of November, the Members of both Houses, for that end appointed, repaired to her Majesty in the Afternoon; but whether they then offered up their Petitions unto her Majesty, or whether the House of Commons did at this Session of Parliament, prefer any Petition at all concerning those two great matters aforesaid, is hard to be determined.
No mention is made in the Original Journal-Book of continuing the Parliament; which seemeth to have happened by the Clerks negligence.
On Wednesday the 23th day of October, the Bill to repeal a branch of a Statute made Anno 23 Hen. 8. touching the prices of Barrels and Kilderkins, was read primâ vice.
An Act declaring the manner of making and Consecrating of the Archbishops and Bishops of the Realm, to be good, lawful and perfect, was brought from the House of Commons.
Dominus Thesaurarius continuavit praesens Parliamentum us que in diem Jovis prox.
On Thursday the 24th day of October, the Archbishop of York, the Lord Treasurer, the Duke of Norfolk, and divers other Lords both Spiritual and Temporal, did Assemble in the Parliament-Chamber, where nothing was done, but only the continuance of the Parliament, until Friday next at ten of the Clock.
On Friday the 25th day of October, the Lord Treasurer signified to all the Lords, that the Queens Highness, considering the decay of his Memory and Hearing, being Griefs accompanying Hoary Hairs, and Old Age; and understanding the Lord Keepers slow amendment, intended to supply both their said defects by Sir Robert Catlin Knight, Chief Justice of the Kings Bench, and shewed forth her Majesties Commission under the Great Seal of England, which the Clerk by Commandment openly read, in haec verba.