Journal of the House of Lords: February 1589

THE JOURNAL OF THE House of LORDS.

An Exact and perfect Journal of the Passages of the House of Lords, in the Parliament holden at Westminster, Anno 31 Reginæ Eliz. Anno Domini 1588. which began there (after one Prorogation of the same) on Tuesday the 4^th Day of February, and then and there continued until the Dissolution thereof on Saturday the 29^th Day of March, Anno Domini 1589.

Guliel. Cambden, in Annal. Regin. Eliz. edit. Lugdun. Batav. Anno Dom. 1625. p. 511 & 512.

THE Queens Majesty, soon after that her wonderful and glorious Victory which God Almighty had given her Navy over that vainly stiled Invincible Armado sent against her Realm of England by the Spanish King, summoned this her High Court of Parliament to begin on Tuesday the 12^th day of November that present year 1588 and the 30^th year of her Reign, that so by common Advice and Counsel she might prepare and provide against the inbred malice of that Prince and Nation, Sir Christopher Hatton Knight her Majesties late Vice-Chamberlain, being made Lord Chancellor in the room and stead of Sir Thomas Bromley Knight, who having been sick a great part of the last Parliament dyed in April following Anno 29 Regin. Eliz. Anno Domini 1587. But other occasions of some importance requiring the deferring of the said Assembly, her Majesty Prorogued the same in manner and form following.

Memorandum, That whereas the Queens Majesty by her Writ summoned her Parliament to begin and to be holden at Westminster this present Tuesday being the 12^th day of November, her Highness for certain great and weighty Causes and Considerations her Majesty specially moving, by the advice of her Privy Council and of her Justices of both her Benches and other of her Council learned, did Prorogue and adjourn the said Parliament until the 4^th day of February next, by virtue of her Writ Patent sealed with the Great Seal, and bearing date the 15^th day of October last past. Whereupon at this said 12^th day of November the Archbishop of Canterbury, Sir Christopher Hatton Lord Chancellor, William Lord Burleigh Lord Treasurer, the Earl of Huntingdon, the Bishop of London and three other Barons repaired to the Parliament-Chamber commonly called the Upper House, and there in the presence of the Knights, Citizens and Burgesses summoned to the said Parliament declared, That her Highness for divers good causes and considerations her specially moving, by her Highnesses said Writ had Prorogued the said Parliament from this said first summoned day until the 4^th day of February next. Whereupon the Writ for the said Prorogation in the presence of all that Assembly was openly read by the Clerk of the Upper House in hæc verba.

Elizabetha Dei gratiâ Angliæ, Franciæ & Hiberniæ Regina, fidei Defensor, &c. Prædilectis & fidelibus nostris Prælatis, Magnatibus & Proceribus Regni nostri Angliæ, ac dilectis & fidelibus nostris Militibus, Civibus & Burgensibus dicti Regni nostri ad præsens Parliamentum nostrum apud Civitatem nostram Westmonasterii 12. die Novembris proximè futuro inchoand' & tenend' convocatis & electis, & vestrum cuilibet Salutem. Cùm nos pro quibusdam arduis & urgentibus negotiis, nos, statum & defensionem dicti Regni nostri Angliæ & Ecclesiæ Anglicanæ concernentibus dictum Parliamentum nostrum ad diem & locum prædictos teneri ordinaverimus, ac vobis per separalia Brevia nostra apud Civitatem & diem prædictum interesse mandaverimus ad tract and. consentiend. & concludend' super hiis quæ in dicto Parliamento nostro tunc & ibidem proponerentur & tract arentur; Quibusdam tamen certis de causis & considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usq; ad & in quartum diem Februarii prox' futurum duximus Prorogand. It a quod nec vos nec aliquis vestruin ad dictum duodecemum diem Novembris apud Civitatem prædictam comparere teneamini seu arctemini, volumus enimvos & quemlibet vestrum erga nos penitus exonerari. Mandantes & tenore præsentium firmiter injungeudo præcipientes vobis & cuilibet vestrum & omnibus aliis quibus in hac parte intererit, quòd ad dictam quartum diem Februarii apud prædictam Civitatem Westmonasterii personaliter compareatis & intersitis, & quilibet vestrum compareat & intersit ad tract and faciend. agend. & concludend. super hiis quæ in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint, ordinari. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30.

Per ipsam Reginam

Ha. Gerrard.

On Tuesday the 4^th day of February in the 31. year of her Majesties Reign, to which day the Parliament had been last Prorogued upon Tuesday the 12^th day of November foregoing, and accordingly now held, The Queens Majesty was personally present, accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal; but the Original JournalBook of the Upper House doth not at all mention the presence of any Lords, which happened through the great negligence of M^r Anthony Mason at this time Clerk thereof, yet it may be collected February 8.

The Queen being set under her Cloth of State, and the Lords placed in their Parliamentary Robes according to their several ranks and orders, the Knights, Citizens, Barons and Burgesses of the House of Commons had notice thereof, and thereupon repaired to the said Upper House, and as many of them as conveniently could being let in, stood before the Rail or Bar at the nether end thereof. Then Sir Christoper Hatton Knight Lord Chancellor of England, in a Speech which he used, did at large declare the Queens gracious disposition to peace, and her great wisdom in preserving the same and singular government of the Realm. Next he shewed the great benefit which this Kingdom enjoyed by her government, and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas, videlicet in Anno 30 Regin. Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom. And lastly, shewed the Cause of calling this Parliament to be, that by the consent of the most grave and wise Persons now called together out of all parts of the Realm, preparation may as far forth by the Counsel of man as is possible, be made and provided, that Arms, Souldiers and Money may be in readiness; and an Army prepared and furnished against all Events.

The Lord Chancellors Speech being ended, the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French, according to the usual form, which were these.

Receivors of Petitions for England, Ireland, Wales and Scotland, Sir Christopher Wray Chief Justice, Sir Gilbert Gerrard Knight Master of the Rolls, Sir Robert Shute one of the Justices of Kings Bench, D^r Aubrey and D^r Ford.

Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles, Sir Edmond Anderson Chief Justice of the Common Pleas, Sir Roger Manwood Chief Baron, Francis Windham one of the Justices of the Common Pleas, D^r Clerk and D^r Cary.

Tryors of Petitions for England, Ireland, Wales and Scotland, The Archbishop of Canterbury, the Earl of Darby, the Earl of Worcester, the Earl of Sussex, the Bishop of London, the Bishop of Winchester, the Lord Howard of Effingham Lord Admiral, Lord Cobham, the Lord Grey of Wilton.

Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands.

The Earl of Oxford great Chamberlain of England, the Earl of Warwick, the Earl of Pembrook, the Bishop of Salisbury, the Bishop of Lincoln, the Bishop of Rochester, the Lord Hunsdon Lord Chamberlain to the Queen, the Lord Lumley and the Lord Buckhurst.

As soon as the Clerk of the Parliament had read these names, and had likewise ended other things of course belonging unto them, viz. That the first Tryors of England, &c. or any four of them, calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants, should at their leisure meet together in the Chamberlains Chamber, and that the last Tryors of Gascoigne, &c. or any four of them, calling unto them the Queens Serjeants, the Queens Attorney and Sollicitor, should hold their place when their leisure did serve them to meet in the Treasurers Chamber. Then the Queen continued the Parliament unto a day to come, which is entred in the Original Journal-Book of the Upper House in manner and form following; viz. Ipsa Regina continuavit præsens Parliamentum usq; in diem Jovis prox' hora secunda post Meridiem.

On Wednesday the 5^th day of this instant February, although the Upper House sate not, yet, was one extraordinary Proxy returned or brought in unto the Clerk of the said House, as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing, which because it was returned before the Parliament it self began, and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House, it shall not be much amiss to set them down both together in this place, in such manner and form as they are entred in the said Journal-Book, viz.

Vacat. 3. die Februarii introductæ sunt Literæ procuratoriæ Willielmi Assaphen' Episcopi, in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar' & Johannem Episcopum Roffen, & Hugonem Episcopum Bangoren'.

Nota, That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed; yet there doth not appear any reason thereof: for as it may be collected by the presence of the Lords set down on Saturday the 8^th day of this instant February following, neither the said Bishop of S^t Asaph was present himself after the said Proxy sent, nor all nor any of his Proctors absent, nor himself dead, which are only causes of a Vacat.

5^to Die Februarii introductæ sunt Literæ procuratoriæ Johannis Carliolen' Episcopi; in quibus Pro curatorem suum constitiuit Johannem Archiepiscopum Cantuarien'.

Nota, That these Two Proxies are therefore called unusual and extraordinary, because these two Bishops did constitute (the first of them) three Proctors, and the last of them but one; whereas for the most part the Spiritual Lords do nominate two, and the Temporal Lords but one; which may be collected in part out of the very Returns of this Parliament: for of five Spiritual Lords that sent their Proxies, three constituted two Proctors a piece, and of seven Temporal Lords not any nominated more than one.

It is also worth the observation, that the Lord Burleigh the Lord Treasurer had this Parliament four several Proxies sent unto him (entred in the Original Journal-Book of the Upper House in such order as they be here set down) viz. from the Lord Dacres, the Earl of Warwick, Viscount Mountacute and the Lord Lumley.

On Thursday the 6^th day of February, to which day the Parliament had been last continued, the Queens Majesty was personally present, coming unto the said Parliament in her accustomed State and Order about three of the Clock in the Afternoon, it being the time appointed for the House of Commons to present their Speaker or Prolocutor, whom they had been authorized to chuse on the last Tuesday when the Parliament first began. And thereupon accordingly the Queen and Lords being set, and the said Knights, Citizens and Burgesses of the House of Commons let into the Upper House, two of the most eminent Personages of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law who was chosen the Speaker or Prolocutor of the said House of Commons, who being placed at the said Bar, and silence being made, did in a modest and discreet Speech disable himself by reason of his many imperfections, and humbly desired her Majesty to discharge him of that great place, and to nominate some other more able and sufficient Member of the said House. Whereupon the Lord Chancellor by commandment from the Queen did let him know, that her Majesty did very well allow of his choice, and thereupon encouraged him willingly and chearfully to undertake and execute that charge and place to which he had been by the free and unanimous consent of the House of Commonselected and chosen. Upon which Speech of the Lord Chancellor the said Speaker according to the usual course and form rendring all humble thankfulness to the Queens Majesty for her undeserved goodness towards him in conceiving him able and worthy for the execution of a place of that great charge and trust, and promising his care and readiness with all diligence to undergo the same, he did offer up unto her said Majesty divers petitions in the name and on the behalf of the said House of Commons; first, That during the continuance of this Session, themselves and their necessary attendants and servants might be freed from all suits and arrests; secondly, That they might have free access unto her Majesty upon all urgent and important occasions; and thirdly, That they might have free liberty of speech in the said House to debate and dispute of such matters and things as shall be there purposed: And lastly, He petitioned her Majesty in his own behalf, that if any thing should be mistaken or unwillingly omitted by himself, that she would be graciously pleased to pass by and pardon the same. To which speech the Lord Chancellor by commandment from the Queen shortly replied, That her Majesty was graciously pleased to grant all his said Petitions, and that he the said Speaker and the House of Commons should use and enjoy all such liberties and priviledges as others before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors, and withal admonishing them not to extend the said priviledges to any unreverent and misbecoming speech, or unnecessary accesses to her Majesty.

Nota, That the presence of the Lords is here omitted, as it was before upon the first day of this Parliament through the Clerk of the Upper House his great negligence; where also the foresaid Presentment of the Speaker is but shortly set down.

Then followed the continuance of the Parliament, which is thus entred in the Original Journal-Book of the Upper House, viz. the Lord Chancellor by the Queens Commandment continuavit præsens Parliamentum usq; in diem Sabbathi prox' hora octava.

On Saturday the 8^th day of February, to which day the Parliament had been last continued, were present these Lords Spiritual and Temporal following, viz.

Archiepiscopus Cantuarien'.
Episcopus London'.
Episcopus Winton'.
Episcopus Sarum.
Episcopus Roffen'.
Episcopus Cestren'.
Episcopus Coven'. & Litchf.
Episcopus Gloucestren'.
Episcopus Lincoln'.
Episcopus Petriburgen'.
Episcopus Hereford.
Episcopus Cicestren'.
Episcopus Bangor.

Nota, That though the Bishops names are sometimes placed after the Earls and Viscounts, as they are commonly in all places where they are made Committees; yet in all the Journals of the Upper House where the presence of the Lords is marked, they are always thus placed on the dexter side, in respect chiefly of the Archbishop of Canterburies place, which is before all others next the Prince.

Christopherus Hatton Miles Cancellarius Angliæ.
Dominus Burleigh Dominus Thesaurarius Angliæ.
Marchio Winton'.
Comes Darbiæ Magnus Seneschallus.
Comes Kantii.
Comes Sussex.
Comes Huntingdon.
Comes Bathon.
Comes Pembroke.
Comes Hartford.

Barones.

Dominus Homard Admirallus Angliæ.
Dominus Hunsdon Camerarius.
Dominus Audeley.
Dominus Strange.
Dominus Cobham.
Dominus Stafford.
Dominus Gray de Wilton.
Dominus Darcie.
Dominus Sands.
Dominus Windsor.
Dominus Cromwell.
Dominus Wharton.
Dominus Rich.
Dominus Willoughbie.
Dominus North.
Dominus S^t John.
Dominus Buckhurst.
Dominus Norris.

Nota, That these names of such Lords as were present, are supplied here out of the Original Journal Book of the Upper House on the third day of the Parliament, because it is the first on which their presence is noted, it having been omitted in the two foregoing days by the great negligence of Mr. Anthony Mason at this time Clerk of the said House.

Two Bills of no great moment had each of them their first reading; of which the last was the Bill for the maintenance of Husbandry and for increase of Tillage.

Dominus Cancellarius continuavit præsens Parliamentum usq; in diem Lunæ prox' hora nona.

On Monday the 10^th day of February, to which day the Parliament had been last continued, were four Bills read; whereof the last being a Bill concerning Captains and Souldiers was read secunda vice & commissa Domino Thesaurario, Marchioni Winton', the Earl of Oxford, the Earl of Shrewsbury, Lord Steward, the Earl of Kent, the Earl of Cumberland, the Earl of Sussex, the Earl of Essex, the Bishop of Winchester, the Bishop of Coven' and Litchf. the Bishop of the Lord Admiral, the Lord Chamberlain, the Lord Audley, the Lord Strange, the Lord Cobham, the Lord Grey, the Lord Wentworth, the Lord Cromwell, the Lord North, the Lord Buckhurst and the Lord Norris, Serjeant Puckering and Mr. Attorney.

Nota, That here were Attendants of the Upper House and no Members of it, are made joint Committees with the Lords, which is very usually done in the Parliaments foregoing in the Reign of this Queen; where also the Judges being but meer Assistants of the said House are often nominated Committees also: Whereas in the two last Parliaments of her Majesties Reign, viz. in Anno 39 & Anno 43. and in these latter times of King James and our present Soveraign his Son, these are seldom or never nominated as Committees, but only as Assistants to the Committees to give their advice if they shall be required, and not otherwise. And though the Clerk of the Parliament might at some time mistake and err in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees; yet that he should so often mistake in so many Parliaments, and the rather because such Committees are frequently named divers times in sundry of the several Sessions, it is most unlikely and improbable.

On Friday the 14^th day of February the Bill for the more speedy payment of Fines and Tenths was read prima vice.

Memorand. The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments; and by reason of divers defects in the same Bill, they had framed a new Bill, which new Bill by the consent of all the Lords was received and read prima vice.

Two Bills had each of them one reading; of which the first being a Bill touching Constats of Original Conveyances made to the Queens Majesty was read secunda vice; And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer, was read secunda vice & commissa Archiepiscopis Cantuar' & Ebor', Domino Seneschallo, three Earls, three Bishops, six Barons, Magistro Rotulorum, Servienti Shuttleworth, Magistro Attornato & Sollicitatori.

Dominus Cobham & Dominus Stafford robis Parliamentariis induti introduxerunt Dominum Talbot, eúmq; ad locum suum perduxerunt præeunte Gartiro principali Reg. Armorum, qui etiam tunica armorum indutus erat.

On Saturday the 15^th day of February, to which day the Parliament had been last continued, three Bills were read; whereof two of them, the first being a Bill for maintenance of Houses of Husbandry and Tillage, and the second being a Bill for Horse-stealing and House-burning were read secunda vice & tunc commissæ Domino Thesaurario, 4 Comitibus, 2 Episcopis, 8 Baronibus, Justiciar' Gawdie, Servienti Puckering, & Sollicitatori Reginæ.

On Monday the 17^th day of February, to which day the Parliament had been last continued four Bills were read; of which the first being a Bill for reformation in excess of Apparel was read secunda vice & commissa Domino Thesaurario, 3 Comitibus, 2 Episcopis, 6 Baronibus, Servienti Shuttleworth, & Sollicitatori Reginæ. Quod nota.

On Tuesday the 18^th day of February, to which day the Parliament had been last continued, were four Bills read; whereof the first being a Bill providing remedy against discontinuance in Writs of Error in the Exchequer and Kings Bench, was read tertia vice & conclusa, and sent to the House of Commons by Serjeant Shuttleworth and Dr. Aubery with three other Bills.

On Thursday the 20^th day of February, to which day the Parliament had been last continued, were four Bills read; of which the first being a Bill for having Horse-Armour and Weapons was read prima vice.

On Saturday the 22^th day of February, to which day the Parliament had been last continued, were three Bills read; of which the last being a Bill concerning Captains and Souldiers was read tertia vice & conclusa, and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford.

Three Bills were also sent from the House of Commons, viz. a Bill concerning Informers; and two others of no great moment.

On Monday the 24^th day of February, to which day the Parliament had been last continued, were four Bills read; whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be Currant within the County Palatine of Durham, was read secunda vice & commissa Justiciario Gawdie. Quod nota.

On Tuesday the 25^th day of February, to which day the Parliament had been last continued, were two Bills read; whereof the first being a Bill concerning Informers was read prima & secunda vice & conclusa, and so expedited.

And the second being a Bill for the abridgment of Proclamations upon Fines to be levied at the Common Law was read secunda vice, wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and D^r Clark to the lower House, to pray a Conference with some of that House; which being yielded, the Lords Ordered for Committees, the Lord Treasurer, the Lord Steward, the Bishop of Winton, the Lord Cobham, the Lord Buckhurst, and the Lord Chief Justice of the Common Pleas to attend the Lords.

Nota, That here one of the Judges is particularly nominated to attend upon the Lords Committees, which may further prove, that in all those former places where the Judges or the Queens Learned Council are named as Committees, it is no Error nor mistake of the Clerk. So that hence the difference may very well be gathered to be this, That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons, here neither the Judges being but Assistants, nor the Queens Learned Council being but Attendants of and upon that House, were ever nominated or appointed as Joint Committees with the Lords, because the very Members of either House only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon: But when the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill that is to pass their House, and especially if the Bill do concern matter of Law, here it antiently hath been used, and may still without any prejudice to the honour of that House be continued, that the Kings Learned Council but especially the Judges may be nominated as Committees alone or as Joint Committees with the Lords; for in regard that nothing can be absolutely concluded at a Committee, all matters shall still depend upon the resolution of the House, and so no inconvenience shall ensue thereupon.

After the Committees of both Houses had met, the Lords Committees proceeded to the Amendment of the Bill, and afterwards this present day the Bill and Amendments received their second reading and passed the House, and was sent down to the House of Commons to be amended by them, by D^r Carew and M^r Sollicitor.

It appeareth by the Journal-Book, that the House of Commons having yielded to a Conference, did presently chuse Committees, and sent them up to the Upper House.

Two other Bills had each of them one reading in the House, and one Bill was sent up to the Lords from the House of Commons, all being of no great moment.

On Thursday the 27^th day of February, to which day the Parliament had been last continued, two Bills of no great moment had each of them one reading; of which the first being a Bill for reformation of excess in Apparel was read secunda vice & commissa uni Comiti & 4 Baronibus.