The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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Simonds d'Ewes, 'Journal of the House of Lords: November 1566', in The Journals of All the Parliaments During the Reign of Queen Elizabeth( Shannon, Ire, 1682), British History Online https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp103-110 [accessed 31 October 2024].
Simonds d'Ewes, 'Journal of the House of Lords: November 1566', in The Journals of All the Parliaments During the Reign of Queen Elizabeth( Shannon, Ire, 1682), British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp103-110.
Simonds d'Ewes. "Journal of the House of Lords: November 1566". The Journals of All the Parliaments During the Reign of Queen Elizabeth. (Shannon, Ire, 1682), , British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp103-110.
November 1566
On Tuesday the 5th day of November, the Bill for the annexing of Hexamshire unto the County of Northumberland, and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham, was read tertiâ vice, & communi omnium Procerum assensu conclusa.
The Nobles under-named were appointed to
wait on the Queens Highness this Afternoon,
with thirty of the House of Commons, by her
Highness special Commandment.
The Archbishop of York.
The Lord Treasurer.
The Duke of Norfolk.
The Marquess of Northampton.
The Earl of Northumberland.
The Earl of Westmerland.
The Earl of Shrewsbury.
The Earl of Worcester.
The Earl of Huntingdon.
The Earl of Sussex.
The Earl of Warwick.
The Earl of Bedford.
The Earl of Pembroke.
The Earl of Leicester.
Viscount Mountague.
Viscount Bindon.
The Bishop of London.
The Bishop of Duresm.
The Lord Clinton Lord Admiral.
The Lord Howard of Effingham, Lord Chamberlain.
The Lord Morley.
The Lord Lumley.
The Lord Rich.
The Lord Sheffeild.
The Lord Paget.
The Lord North.
The Lord Haistings of Loughborough, and
The Lord Hunsdon.
Dominus Capitalis Justiciarius continuavit præsens Parliament. usq; in diem Crastinum hora consueta.
But there is no mention at all in the Original Journal-Book of the Upper House, to what end or purpose the Lords above-mentioned, with those thirty Members of the House of Commons repaired to her Majesty; which doubtles fell out by the great negligence (in a matter of so great weight) of Francis Spilman Esq;, Clerk of the Upper House, and therefore I have thought fitting and necessary to supply it at large, partly out of the Original Journal-Book of the House of Commons, and partly out of other several Manuscript Memorials, I had by me; all which in their proper place I have particularly vouched. It is therefore in the first place to be noted, as fit matter of preparation to that which follows, that these two great matters touching her Majesties Marriage, and the Declaration of a certain Successor, were agitated in the House of Commons in the first Session of this present Parliament, in An. 5 Regin. Eliz. and thereupon the greatest part of the said House, with Thomas Williams their Speaker, did prefer a Petition to her Majesty, upon Thursday the 28th day of January, in the said fifth Year of her Majesties Reign, by her Allowance; in which having humbly supplicated her Majesty to Marry, or in default of Issue of her own Body, to declare a certain Successor, they received a gracious Answer. But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen, and finding nothing to have been acted by her Majesty in either kind; but that she remained still a Virgin, without all likelyhood of Marriage, and that the Succession of the Crown depended upon great uncertainties; some holding the Queen of Scots to have best Right, others the Countess of Lenox, being the Daughter of Margaret of England, by Archibald Douglass Earl of Anguisse, her Second Husband; and others also argued very strongly for Catherine Countess of Hartford, being the Daughter and Coheir of Henry Grey Marquess Dorset, and Frances his Wife, the Eldest Daughter and Coheir of Charles Brandon Duke of Suffolk, by Mary the French Queen, being the youngest Daughter of Henry the Seventh; and especially seeing that the Queen of Scots, having Married the Lord Darley, (whom she had Created Duke of Albany, and had by him Issue a Son born before the beginning of this Session of Parliament, who afterwards was Monarch of Great Britain) and duly considering also, that the Scottish Queen had, during the Life of the French King her Husband, by his means presended a right to the Kingdom of England, before the Queen her self, in respect of the Popes Authority; and that some also did not stick to set a broach the Title of the Lady Elianor, being the younger Sister and Coheir with the Countess of Hartford, Married to the Earl of Cumberland: therefore I say all these said premisses being duly weighed by both the said Houses of Parliament, it made them to be more earnest in Petitioning her Majesty at this time, to the same effect; although it seemeth that the Petition delivered at this time, was chiefly preferred in the name of the Lords of the Upper House, as that other Petition had formerly been preferred in the Name of the Commons, in the first Session of this Parliament, in An. 5 Regin. Eliz. whence it hath come to pass, that neither of these Petitions being set down in the Original Journal-Book of the Upper House of Commons, in either of these two Sessions of Parliament, the times of their delivery have been exceedingly confounded together, in all such several Copies as I have perused of them; in which, as also in Sir Robert Cotton's first Volume of the Journals of Parliament of the Queens time (which are very imperfect and fragmentary) they are erroneously Entred to have been both delivered in An. 1563. in which Year, as also in part of the Year 1562. the Session in An. 5 Regin. Eliz. was continued.
Post Meridiem.
The Archbishop of York, the Lord Treasurer, and the other Lords, whose names are mentioned in the former part of this day, with Sir Edward Rogers Knight, Comptroller of her Highness Houshold, and Sir William Cecill Knight, her Majesties Principal Secretary, and divers other Members of the House of Commons, repaired to her Majesty this Afternoon, being at her Palace of Whitehall, to receive Answer from her Highness, touching those two great businesses of her Marriage, and the Declaration of her Successor, as appeareth plainly by the Original Journal-Book of the House of Commons, fol. 266. a. where the report of her Majesties Answer is set down, which she gave this Afternoon; although there be no mention at all thereof in the Original Journal-Book of the Upper House. And that this was the cause and ground of their attending upon her Majesty at this time, appeareth also plainly by a certain Manuscript Memorial, or Diary, kept and set down by Sir William Cecill, her Highness Principal Secretary (and afterwards Lord Treasurer of England) of the passages of the greatest part of her Majesties Reign: in which the words are as followeth.
Nov. 5. The Queen had before her thirty Lords and thirty of the Commons of the Parliament, to receive her Answer concerning the Petition for the Succession, and for Marriage.
But whether the Lords preferred their said Petition this Afternoon, or whether they had supplicated her Majesty any time before, doth not any where certainly appear; neither can I possibly gather further than by conjecture: and so it is most probable, that though her Majesty had notice before, what their Petition was, yet it was not preferred till this Afternoon. For but on Saturday Morning foregoing, which was the second day of this instant November, it is plain, that the Committees of the House of Commons (as appeareth by the Original Journal-Book of the same House, on Thursday the 31th day of October, fol. 264. b. on which day the said meeting of the Committees was appointed) did then meet to consider and agree upon such reasons, as they should shew to the Committees of the Lords; whereby they might induce her Majesty, both to encline to Marriage, and to declare a Successor.
And however Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal, be not nominated in either of the Original Journal-Books of the Upper House, and House of Commons, to have been present with the before-mentioned Lords and others; yet it is plain, that if the said Petition was preferred this Afternoon, or whensoever else, it was delivered from his mouth; as may be gathered from the very Petition it self ensuing; and is so also expresly set down by Mr Camden in Annal Regin. Eliz. edit. Lugdun. Batav. A. D. 1625. pag. 99. and though he had abstained a while about this time from the Upper House, by reason of his infirmity of the Gout, yet he was now in the way of amendment and recovery, repairing again to the said House on Saturday the 9. day of this instant November ensuing; and therefore might very well meet the before-mentioned Lords, and other the selected Members of the House of Commons, at the Court this Afternoon.
So then, it being most probable that the Lords did both prefer their Petition this Afternoon to her Majesty, touching those two great matters of the Marriage and Succession, and also received her Majesties Answer; Therefore the said Petition doth here first ensure, which the Lord Keeper pronounced in these or the like words following.
MOST humbly beseecheth your Excellent Majesty, your Faithful Loving and Obedient Subjects, all your Lords both Spiritual and Temporal Assembled in Parliament in your Upper House, to be so much their good Lady and Soveraign, as according to your accustomed benignity, to grant a Gracious and Favourable Hearing to their Petitions and Suits, which with all Humbleness and Obedience, they are come hither to present to your Majesty, by my Mouth, in matters very nearly and dearly touching your most Royal Person, the Imperial Crown of this your Realm, and Universal Weal of the same; which Suits, for that they tend to the surety and preservation of these three things, your Person, Crown and Realm, the Dearest Jewel that my Lords have in the Earth; therefore they think themselves for divers respects greatly bound to make these Petitions; as first by their Duty to God, then by their Allegiance to your Highness, and lastly, by the Faith they ought to bear to their natural Country.
And like as, most Gracious Soveraign, by these Bonds they should have been bound to make the like Petition upon like occasion to any Prince, that it should have pleased God to have appointed to Reign over them; so they think themselves doubly bound to make the same to your Majesty, considering that besides the Bond before-mentioned, they stand also bound so to do, by the great and manisold benefits they have and do receive daily at your Highness hands; which, shortly to speak, be as great as the Fruits of Peace, common quiet and Justice can give; and this with great care and charge to your Self. And thus, my Lords diversly bound, as your Majesty hath heard, are now to open to your Highness their humble Petitions and Suits, consisting in two points chiefly; which not sundrily, or the one without the other, but both jointly they desire your Highness to assent to; The Former is, that it would please your Majesty to dispose your self to Marry, where it shall please you, with whom it shall please you, and as soon as it shall please you. The second, that some such limitation might be made, how the Imperial Crown of this Realm should remain, if God call your Highness without Heirs of your Body (which our Lord defend) so as these Lords and Nobles, and other your Subjects then living might sufficiently understand, to whom they should owe their Allegiance and Duty due to be done by Subjects, and that they might by your Majesties Licence, and with your Favour treat and confer together this Parliament time, for the well-doing of this. The former of these two, which is your Marriage, they do in their hearts most earnestly wish, and pray, as a thing that must needs breed and bring great and singular comfort to your Self, and unspeakable joy and gladness to all true English Hearts. But the second carrieth with it such necessity, that without it they cannot see how the safety of your Royal Person, the preservation of your Imperial Crown and Realm, shall be, or can be sufficiently and certainly provided for.
Most Gracious and Soveraign Lady, The Lamentable and pitiful Estate and Condition, wherein all your Nobles and Councellors of late were, when it pleas'd God to lay his heavy hand upon you, and the amazedness that most men of understanding were by the Fruit of that Sickness brought into, is one cause of this their Petition; The second the aptness and opportunity of the time, by reason of this Parliament, whereby both such advice, consideration and consent, as is requisite in so great and weighty a cause, may be better heard and used, than at any other time, when no Parliament is. The third, for that the assenting and performing of these Petitions, cannot as they think but breed great terror to our Enemies, and therefore must of necessity bring great surety to your Person, and especially by addition of such Laws, as may be joined with this limitation for the certain and sure observing of it, and preserving of your Majesty against all practices and chances. The fourth Cause, for that the like (as it is supposed) hath been done by divers of your Noble Progenitors, both of old time and of late days; and also by other Princes your Neighbours of the greatest Estate in Europe, and for that Experience hath taught, that good hath come of it. The fifth, for that it appeareth by Histories, how that in times past, persons Inheritable to Crowns being Votaries and Religious, to avoid such dangers as might have hapned for want of Succession to Kingdoms, have left their Vows and Monasteries, and taken themselves to Marriage, as Constantia a Nun, Heir to the Kingdom of Sicily, Married after fifty Years of Age, to Henry the Sixth Emperour of that name, and had Issue Frederick the Second. And likewise Peter of Aragon, being a Monk, Married, the better to establish and pacify that Kingdom. Again, Antonius Pius is as much commended, for that not two days before his Death, he said to his Council, Læto animo morior, quoniam silium vobis relinquo. Pyrrhus is of all Godly men detested, for saying he would leave his Realm to him that had the sharpest Sword. What but want of a Successor known, made an end of so great an Empire as Alexander the Great did leave at his Death? The sixth cause is, for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects, that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods, Lands and Lives in your Service, according to their bounden Duties, which of necessity must breed great surety also to your Majesty.
The seventh cause, because the not doing of this (if God should call your Highness without Heir of your Body (which God grant never be seen, if it be his Will) and yet your Majesty right well knoweth, that Princes and their Offspring, be they never so great, never so strong, never so like to live, be yet Mortal, and subject every day, yea every hour to Gods Call) my Lords think, this happening, and no limitation made, cannot, by their Judgements, but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm, by the Factions, Seditions and Intestine War, that will grow through want of understanding to whom they should yield Allegiance and Duty; whereby much innocent blood is like to be shed, and many of those to lose their Lives, that now would gladly bestow them for your sake, in your Majesties Service. The eighth, for that the not performing of this, the other happening, doth leave the Realm without Government, which is the greatest danger than can happen to any Kingdom. For every Prince is anima Legis, and so reputed in Law; and therefore upon the Death of Princes the Law dyeth; all the Offices of Justice, whereby the Laws are to be Executed, do cease; all Writs and Commandments to call parties to the Execution of Justice, do hang in suspence; all Commissions for the Peace and for the punishment of Offendors do determine, and lose their force; whereby it followeth confequently, that Strength and Will must Rule, and neither Law nor Reason, during such a Vacation and inter-Reign; wherein such an incertainty of Succession is like to last so long, as it is to be seared (if Gods mercy be not the greater) that thereby we may become a prey to Strangers (which our Lord defend) or at least lose the great honour and estimation that long time hath pertained to us.
And like as, most Gracious Soveraign, my Lords have been moved for the Worldly respect aforesaid, to make these their humble Petitions to your Majesty, so by the Examples, Counsels, yea and Commandments, that they have heard out of the sacred Scriptures, and for Conscience sake they feel themselves constrained, and enforced to do the like. God, your Highness knoweth, by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life; and on the contrary he hath pronounced contrary wise; and therefore Abraham pray'd to God for Issue, searing that Eliazar his Steward should have been his Heir; and had promise that Kings should proceed of his Body. Hannah the Mother of Samuel, pray'd to God with tears for Issue. And Elizabeth (whose name your Majesty beareth) Mother to John the Baptist, was joyful when God had blessed her with Fruit, accounting her self thereby to be delivered from reproach.
And as this is a blessing in private Houses, so is it much more in Kingdoms, as it plainly appeareth by the two Kingdoms of Israel and Judah. Unto the Kingdom of Judah, containing but two Tribes or thereabouts, God gave Lineal Succession by Descent of Kings; and therefore it continued a long time. The Kingdom of Israel, containing ten Tribes or thereabouts, often destitute of lawful Heirs, the one half of the people following the one, and the other half following the other, by Wars and Seditions being weakned, came soon to ruine, as plainly appeareth by the third and fourth Book of Kings.
And again in the time of the Judges, because there was no ordinary Succession, the people were often-times overcome, and carried into Captivity. Besides, it is plain by the Scriptures, that Godly Governors and Princes (as Fathers of their Countries) have always been careful to avoid the great evil that might ensue, through want of limitation of Succession, therefore Moses did enjoin Joshua to be his Successor, and David his Son Solomon, whereby a Sedition was appeased, begotten by Adonijah; of this there be many Examples.
Further, seeing it may be easily gathered by Experience of all Ages past, that Civil Wars, effusion of Christian Blood, and consequently ruines of Kingdoms, do follow, where Realms be left without a certainty of Succession; and your Majesty is also informed of the same, and sued unto for redress; if therefore now no sufficient remedy should be by your Highness provided, that then it should be a dangerous burthen before God to your Majesty, and you were to yield a strict account to God for the same; considering you are placed, as the Prophet Ezechiel saith, in Altissimo speculo of this Common-Wealth, and see the Sword coming, and provide no remedy for the defence of it. Lastly, The Spirit of God pronounceth by the Mouth of St Paul to Timothy, that whosoever maketh no due Provision for his Family, is in very great danger to Godward; and also by the Mouth of St John, that whosoever seeth but one Brother in necessity, and doth shut up the Bowels of Pity and Compassion from him, hath not the Love of God remaining in him; whereby it is plain and manifest, how fearful a thing it were, if this whole Realm containing so many Families, were not in a perillous Case upon their Suit provided for; or if the Bowels of Mercy should be shut up from so many thousands, which every way were like to fall into most extream miseries, if God should call your Highness without certainty of Succession; which we pray to God may never happen.
Most Excellent Princess, the places of Scriptures containing the said threatings be set forth with more sharp words, than be here expressed. Thus, most Gracious Soveraign, your Lords and Nobles, both Spiritual and Temporal, have as briefly as they can, first shewed to your Majesty, how diversly they take themselves bound, to make these their humble Petitions unto you: And then, what their Petitions be; And after that, what reasons for Worldly respects, and what by the Scriptures and for Conscience sake, have moved them thus to do; which here upon their Knees, according to their bounden Duty, they most humbly and earnestly pray your Majesty to have consideration of in time; and to give them such favourable and comfortable Answer to the same, that some good effect and conclusion may grow before the end of the Session of this Parliament, the uttermost day of their greatest hope, whereby this Common-Wealth, which your Highness found to be lateritia as Augustus did his, and by your great Providence is now come to be marmorea, shall not for want of performing this, if God shall call your Highness without Heir of your Body, be in more dangerous Estate and Condition, than ever it was that any man can remember. True it is, that this Suit is made by my Lords, not without great hope of good success, by reason of the Experience that they have had of your bountiful goodness shewed to them, and the rest of your loving Subjects divers and sundry ways since the beginning of your Reign; which they pray to God long to continue, to his Honor, with all Felicity.
The Petition of the Lords being thus set down, of which it cannot be absolutely and undoubtedly determined, whether it were preferred this day or no; Now in the next place must follow her Majesties Answer, which was without all doubt given this Afternoon to the before-mentioned Lords, and those other thirty Members of the House of Commons; yet there is no mention at all thereof, either in the Original Journal-Book of the Upper House, or in that before-cited Memorial or Diary of the greatest part of the passages of her Majesties Reign, collected and set down by Sir William Cecill, at this time her Majesties Principal Secretary: and therefore the greatest light of it being gathered out of the Original Journal-Book of the House of Commons, containing the agitations of this Session of Parliament, de An. 8 Regin. Eliz. fol. 266. A (where on the Forenoon of the next day ensuing this Afternoon being Wednesday, and the 6th day of this instant November, report thereof was made to the said House, by Sir Edward Rogers Knight, Comptroller of her Majesties Houshold, and Sir William Cecill, her Highness Principal Secretary above-mentioned) it doth plainly appear, that touching her Marriage, her Majesty gave them some hope of it; but excused her self, in not declaring a Successor, in respect of the great danger thereof; and therefore comparing this with that which Mr Camden hath set down, touching this Answer, in Annal. Regin. Eliz. edit. Lugdun Batav. A. D. 1625. pag. 101, & 102. it may very well be gathered, and it is most likely, that that Answer of her Majesty, of which I had a Copy by me, being erroniously placed, as that also of Sir Robert Cottons is in the first Volume of his Parliamentary Journals (being very imperfect and fragmentary) amidft the passages of the Parliament of the fifth year of her Majesties Reign, that that Copy I say contains the Answer, which her Majesty gave at this time, to the before-mentioned Lords, and others, being as followeth; save only, that through often transcribing, without comparing, it should seem it is somewhat defective.
Since there can be no duer Debt than a Princes word, to keep that unspotted, for my part, as one that would be loth that the self same thing that keepeth Merchants Credit from craze, should be the cause that a Prince's Speech should merit blame, and so their honor quail; Therefore I will an Answer give, and this it is: The two Petitions that you presented me (which must doubtless relate to the two several parts of one and the same Petition, viz. the Marriage and the Succession, and might not improperly be so called, though couched in one Body, and as the words also following do in manner explain it) expressed many words, which contained in sum these two things, as of your cares the greatest; My Marriage, and my Succession. Of which two I think the last best to be touched, and of the other a silent thought may serve. For I thought it had been so desired, as none other Tree's blossom should have been minded, or ever any hope of any Fruit had been denied you. And yet by the way, if any here doubt that I am by Vow or determination bent never to trade in that kind of Life, put out that kind of Heresy; for your belief is there in a wry. For though I can think it best for a private Woman, yet I do strive with my self to think it not meet for a Prince; and if I can bend my liking to your need, I will not resist such a mind.
But to the last, think not that you had needed this desire, if I had seen a time so fit, and it so ripe to be denounced. The greatness of the cause therefore, and need of your returns, doth make me say that which I think the wise may easily guess, that as a short time for so long continuance ought not to pass by roat, as many tell their Tales, even so, as cause by Conference with the Learned shall show me matter worth the utterance for your behoof, so shall I more gladly persue your good after my dayes, than with all my Prayers whilst I live be means to linger my living thread. And thus much more than I thought will I add, for your Comfort, I have good Record in this place, that other means than you mention, have been thought of, perchance for your good as much as for my surety no less; which if presently and conveniently could have been Executed, it had not been now deferred or over-slipped. But I hope I shall die in quiet with Nunc dimittis; which cannot be, without I see some glimpse of your following surety after my graved bones.
Nota, That neither the foregoing Petition, nor this latter Answer of her Majesty, are found in the Original Journal-Book of the Upper-House; but now the residue of the passages of the said Journal do for the most part follow out of the same.
On Wednesday the 6th day of November, the Bill for declaring of the manner of making and Consecrating of the Archbishops and Bishops of this Realm, to be good, lawful and perfect, was read tertiâ vice, quæ cum quadam provisione annex. in loco alterius provisionis adempt. abseiss. & disannex. communi Procerum assensu conclusa est, dissentientibus comite Northumberland, Comite Westmoreland, comite Northumberland, Comite Sussex, Vice-Comite Mountague, Domino Morley, Domino Dudley, Domino Dacre, Domino Mounteagle, Domino Cromwell, & Domino Mordant, & postea, cum Billâ for the annexing of Hexhamshire unto the County of Northumberland, and the Ecclesiastical Jurisdiction of the same, unto the See or Bishoprick of Duresm, deliberata suit Magistro Vaugham & Doctori Yale, in Domum Communem deferend.
Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in diem Jovis prox.
On Thursday the 7th day of November, Three Bill of no great moment, had each of them one reading; of which the first being the Bill for Confirmation of Leases to be made by Morris Ridney and Joan his Wife, was read Primâ vice.
Diminus Capitalis Justiciarius continuavit præ sens Parliamentum usq; indiem Sabbathi Prox. ix. Novembris.
On Saturday the 9th day of November, the Bill for the graving of Alneagers Seals, to be within the Tower of London, was read Secundâ vice, & commissa est Domino Marchioni Winton, The saurar. Angliæ & Domino Capitali Baroni, ad supervidend. considerand. & amendand.
Nota, That here the Lord Chief Baron, being but an Assistant of the Upper House, and no Member thereof, is made a joint-Committee with the Lord Marquess of Winchester, of which see more on Thursday the third day of October fore-going.
The Bill also to restrain the Carriage of Woolls of the growth of Pembroke, Carmarthen and Cardiganshires, out of the Counties where they grew, was read Secundâ vice, & commissa ad ingrossand. And the Bill lastly for the repealing of a branch of a Statute made An. 32 H. 8. for the Stature of Horses was read Secundâ vice & commissa Episcopo Elien. Domino Clinton, Admiral. Domino Willoughby, Domino Shesseild, Domino North, Domino St John de Bletsoe, & Servienti Carus.
Nota, That a Serjeant being but an Attendant upon the Upper House, and no Member thereof, is made a joint-Committee with the Lords. Vide touching this matter, on Thursday the 3d day of October foregoing.
Then the Clerk read openly the Commission following.
ELizabeth, by the Grace of God, Queen of England, France and Ireland, Defender of the Faith, &c. To our Trusty and well Beloved Councellor, Sir Nicholas Bacon Kt, Lord Keeper of our Great Seal of England, and to our Right Trusty and right well Beloved, Sir Robert Catlin Knight, Chief Justice of the Pleas before us to be holden, Greeting. Whereas We, upon consideration that you the said Lord Keeper of our Great Seal, were lately sore visited with Sickness, that you were not able to travel to the Upper House of this our present Parliament, holden at Westminister, nor there to supply the room and place in the said Upper House, amongst the Lords Spiritual and Temporal there Assembled, as to your Office appertaineth; did therefore by our Letters Patents of Commission, bearing date the 25th day of October, in this present eighth Year of our Reign, nominate, appoint and authorize you the said Sir Robert Catlin, from day to day, and time to time, from thenceforth, during our pleasure, to use and occupy the place and room of the said Lord Keeper, in our said Upper House of Parliament, amongst the said Lords Spiritual and Temporal there Assembled; and there to do and execute in all things from day to day, and time to time, as the said Lord Keeper of our Great Seal should, or might do, if he were there present, using and supplying the same place; as in our said Letters Patents it both and may at large appear. And for as much as we understand, that you the said Lord Keeper of our Great Seal, are at this present in such state of health, as ye are well able to travel to the said Upper House of our Parliament, and there to supply the said room and place your self, as heretofore ye have done, We do therefore by these presents fully and absolutely determine our pleasure, touching any further Execution by you the said Sir Robert Catlin, of the said Commission before-mentioned; And therefore we do signisie to you the said Sir Robert Catlin, that our pleasure is, that ye do from the date of these presents, surcease from the Execution of the said Commission, and every part thereof. And we do also by these presents Command and authorize you, the said Lord Keeper of our Great Seal, from henceforth, and from time to time hereafter to resort to your accustomed room and place, in our said Higher House of Parliament, and there to do and Execute from time to time, all things that appertaineth to your office there to do, in such manner and from, as though no such Commission had been directed and made, any clause, Sentence or matter in our said Letters Patents of commission, or any other thing to the contrary in any wife not with standing, and these presents shall be your Warrant and discharge for the same. In Witness whereof we have caused these our Letters to be made Patents. Witness our Self at Westminster the 8th day of November, in the Eighth Year of Our Reign.
There are no other passages of this day set down in the Original Journal-Book of the Upper House, after the publick reading of the foregoing Commission, by which the Lord Keeper was resetled in his former place in the said House, saving the Entrance of the Continuation of the Parliament in manner and form following, viz.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; diem Lunæ prox. xi. die Novembris.
November the 10th Sunday.
On Monday the 11th day of November, Three Bills of no great moment, had each of them one reading; of which the first being the Bill to restrain the Carriage of the Woolls of the growth of Pembroke, Carmarthen and Cardigan-shires, out of the Counties where they grow, was read tertiâ vice, & communi omnium Procerum assensu conclusa.
Nota, That the daily continuance of the Parliament entred in these words, Dominus Custos magni Sigilli continuavit præsens Parliamentum, &c. being now hereafter performed in the residue of this Journal according to the ordinary use by the Lord Keeper only, is for the most part omitted.
On Tuesday the 12th day of November, the Bill for the Lady Cobham's Jointure, was read secundâ vice.
On Wednesday the 13th day of November, the Bill for the Lady Cobham's Jointure, was read tertiâ vice, quæ est, communi omnium Procerum consensu conclusa est, & postea cum Billâ to restrain the Carriage of Woolls of the growth of Pembroke, &c. was delivered to Serjeant carus and Doctor Huick, to be carried to the House of Commons.
Three Bills were brought up to the Lords from the House of Commons, of which the last being the Bill for Confirmation of Letters Patents made for the Hospital of St Bartholomew in Gloucester, was read primâ vice.
On Thursday the 14th day of November, Three Bills of no great moment, had each of them one reading; of which the first being the Bill for the avoiding of penal Laws, was read primâ vice.
On Saturday the 16th day of November, to which day the Parliament had been last continued on Thursday foregoing, Four Bills of no great moment, had each of them one reading; of which the third being the Bill for the better Execution of penal Laws, was read secundâ vice, and committed unto the Bishop of Worcester, Viscount Mountague, the Bishop of London, the Bishop of Winchster, the Lord Willoughby, the Lord Loughborough, the Lord Hunsdon; and to the Lord Chief Baron, Justice Welch, and the Attorney General.
Two Bills lastly, were brought up to the Lords from the House of Commons; of which the second being the Bill that in divers Counties there shall be but one Sheriff in one County, was read primâ vice.
On Monday the 18th day of November, to which day the Parliament had been last continued on Saturday foregoing, the Bill to avoid excess in Apparel, was read primâ vice.
On Tuesday the 19th day of November, Three Bills of no great moment, had each of them one reading; of which the first being the Bill to avoid excess in Apparel, was read secundâ vice, and committed unto the Marquess of Northampton, the Earl of Sussex, the Earl of Huntington, the Earl of Leicester, Viscount Mountague, the Bishop of London, the Bishop of Winton, the Bishop of Hereford, the Bishop of Worcester, the Bishop of Lincoln, the Lord Lumley, the Lord Sheffeild, the Lord Pagett, the Lord Hunsdon, Justice Welch and Justice Southcot.
And the third being the Bill to enable the Town of Woollmarsh in the County of Surrey, to use Cloth-making, was read tertiâ vice, & communi omnium Procerum assensu conclusa.
On Wednesday the 20th day of November, Three Bills of no great moment, had each of them one reading; of which the last being the Bill for the avoiding of wrongful vexation upon the Writ of Latitat, was read secundâ vice, & commissa ad ingrossand.
Dominus Custos magni Sigilli continuavit præ sens Parliamentum usq; in diem Jovis prox. horâ nonâ. At which time the Lords Spiritual and Temporal did meet and nothing done, but the Parliament continued by the Lord Keeper of the Great Seal of England, until Saturday the 23th day of November.
On Saturday the 23th day of November, Three Bills had each of them one reading; of which the second being the Bill for confirmation of Letters Patents made for the Hospital of St Bartholomew in Gloucester, was read tertiâ vice, and by common consent of the Lords concluded.
The Bill also for avoiding of wrongful vexation upon the Writ of Latitat, was read tertiâ vice, which by common consent of the Lords was concluded, and by Serjeant Carus and R. R. sent down to the House of Commons.
On Monday the 25th day of November, to which day the Parliament had been last continued on Saturday foregoing, three Bills had each of them one reading; of which the second being the Bill for the more expendition of the Administration of Justice in the Counties Palatine of Lancaster and Durham, communi omnium Procerum assensu conclusa est.
On Tuesday the 26th day of November, the Bill for the Assurance of a Jointure of the Lady Mary, Wife to Edward Lord Stafford, was read tertiâ vice, & communi omnium Procerum consensu conclusa.
The said Bill for the Lady Staffords Jointure, and the Bill for the more speedy expedition of the Administration of Justice in the Counties Palatine of Lancaster and Durham, were delivered to Serjeant Carus, and Mr Vaughan, in Domum Communem deferend.
On Wednesday the 27th day of November, and likewise on Thursday the 28th day of the same Month, the Lords did meet and nothing done, save only the continuance of the Parliament by the Lord Keeper in Ordinary Form, unto Monday the second day of December following.