Journal of the House of Lords: October 1601

THE JOURNAL OF THE House of LORDS.

A Journal of the Passages of the Upper House of Parliament holden at Westminster, Anno 43 Reginæ Eliz. Anno Domini 1601. which began there on Tuesday the 27^th Day of October, and then and there continued until the Dissolution thereof, on Saturday the 19^th Day of December ensuing, Anno 44 Reginæ ejusdem.

THIS Journal of the Upper House (containing part of the passages of the Upper House, in the 10^th and last Parliament of her Majesties Reign) is plentifully stored not only with the ordinary business of Reading Bills, with the Committing, Amending and expediting of them; but also with divers very useful and good Precedents touching the Liberties and Priviledges of the House it self. In which also divers Speeches, and other passages which were not found in the Original Book of the said House, are supplied out of other private Journals of that time of very good Authority. But yet to avoid confusion, whatsoever is here inserted out of the said private Journals, is particularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the Upper House, by some Animadversion or expression thereof both before and after the inserting of it.

Before the particular relation of each days passages of the Upper House in this Parliament be inserted out of the Original Journal-Book it self of the said House, all the Proxies both usual and unusual (entred also at the beginning thereof) which had been returned and delivered in unto the Clerk of the said House during the continuance of the same; are here in the next place to be transcribed and set down all of them together, and cannot be so orderly digested and referred to each day on which they were returned, as formerly they have been. For whereas before this Parliament, and the last past in Anno 39 Reginæ Eliz. Henry Spilman and Anthony Mason Esquires who had been successively Clerks of the said Upper House, did usually enter the said Proxies at the beginning of each Journal, with express mention of several days on which they were introducted or returned; now Thomas Smith Esquire, as well in this Parliament as in that which last preceded in the said 39^th year of her Majesty (when he succeeded unto the said Anthony Mason in the place of the said Clerk of the Upper House) did only generally enter them at the beginning of this present and that last foregoing Journal (de Anno 39 Eliz. as aforesaid) as had been formerly accustomed, saving that it differed somewhat in the manner of entring them; and that the several days also on which they had been introducted and delivered unto him, were not at all set down or expressed. Which course having heen since also followed (unto this present year 1629.) the said Proxies can be no more referred to the proper days as in divers foregoing Journals they have been, but must be once for all generally set down at the beginning of this present Journal in manner and form following.

Literæ procuratoriæ in hoc Parliamento sunt allatæ

Archipicscopi Eboracensis Matthæi, &c. qui procuratores suos constituit Johan. Archiepiscopum Cantuarien' & Tobiam Episcopum Dunelmen' conjunctim & divisim.

Nota, That whereas there is an (&c.) after the word Matthæi in the Proxie foregoing, it seemeth that these words are left out, viz. absentis ex licentia Dominæ Reginæ; and so if nothing had been omitted, the said Proxie, as may very probably be conjectured, should have been thus inserted, Archiepiscopi Eboracensis Matthæi absentis ex licentia Dominæ Reginæ, qui procuratores, &c. as is before set down.

Nota also, that the Proxies are all entred in the Genitive Case, and must therefore be referred to those foregoing words, viz. Literæ procuratoriæ in hoc Parliamento sunt allatæ.

Henrici Episcopi Carliolen. qui procuratores suos constituit Matthæum Archiepiscopum Eboracen' & Ricardum Episcopum Cestren' conjunctim & divisim.

Galfridi Episcopi Gloucestren', qui procuratores suos constituit Ricardum Episcopum London, Anthonium Episcopum Meneven', & Gulielmum Episcopum Exon' conjunctim & divisim.

Herberti Episcopi Hereforden', qui procuratores suos constituit Johannem Episcopum Roffen', Gulielmum Episcopum Coventr' & Litchfield, & Gulielmum Episcopum Norwicen' conjunctim & divisim.

Gulielmi Episcopi Norwicen', qui procuratorem suum constituit Johannem Archiepiscopum Cantuarien'.

Nota, That the Bishops Proxies are set before the Proxies of the Temporal Lords, not because, as I suppose, they were all returned first, but because of their Ecclesiastical dignities, and in respect that the Arch-Bishop of Canterbury one of their Order, is the first Peer of the Realm. Whence also their names are usually first set down in the Journal-Book, where the presence of all the Lords is noted each day when they sit as long as the Parliament continueth. Then follow the Proxies of the Temporal Lords in such order as they are here set down.

Rogeri Comitis Rutland (which as the rest is put in the Genitive Case in relation to those first words, Literæ procuratoriæ in hoc Parliamento sunt allatæ) qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum hospitii Reginæ & magnum Admirallum Angliæ.

Edwardi Comitis Bedford, qui procuratorem suum constituit Oliverum Dominum S^t John de Bletsoe.

Caroli Domini Mountjoy, qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginæ & magnum Admirallum Angliæ.

Gulielmi Comitis Bathon', qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginæ & magnum Admirallum Angliæ.

Edwardi Domini Morley, qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginæ & magnum Admirallum Angliæ.

Anthonii Vicecomitis Mountague, qui procuratorem suum constituit Thomam Dominum Buckhurst magnum Thesaurarium Angliæ.

Gulielmi Domini Sandes, qui procuratorem suum constituit Carolum Comitem Nottingham.

Edwardi Domini Stafford, qui procuratorem suum constituit Carolum Comitem Nottingham.

Georgii Comitis Huntington, qui procuratorem suum constituit Edwardum Comitem Wigorn'.

Thomæ Vicecomitis Bindon, qui procuratorem suum constituit Carolum Comitem Nottingham.

Domini Lumley, qui procuratorem suum constituit Thomam Dominum Darcy de Chiche.

Johannis Domini Darcy, qui procuratorem suum constituit Gilbertum Comitem Salop.

Henrici Comitis Kanciæ, qui procuratorem suum constituit Gilbertum Comitem Salop.

Edwardi Comitis Oxon, qui procuratorem suum constituit Carolum Comitem Nottingham.

Thomæ Domini Burleigh, qui procuratorem suum constituit Henricum Comitem Northumberland.

Nota, That in respect that this present Parliament was the last of her Majesties Reign, and these Proxies are entred after a different manner from most of those in the Queens time which are before set down, they are all of them therefore Transcribed both ordinary and extraordinary out of the Original Journal-Book of the Upper House; of which the Ordinary I call those, when a Spiritual Lord constituteth two Proctors, and a Temporal Lord one; and those Extraordinary, when a Temporal Lord constituteth more than one Proctor, and a Spiritual Lord but one or more than two.

Nota also, that the Earl of Nottingham had eight several Proxies sent unto him this Parliament, by which it is plain that by the Ancient Custom and usages of the Upper House every Member thereof is capable of as many Proxies as shall be sent unto him, although the said Custom be at this day altered by an Order made in the said House upon the day of in Anno 2. Regis Caroli, Anno Dom. 1626. (upon the ingrossing of many Letters procuratory by George Duke of Bucks) that no Lords Spiritual or Temporal should be capable of above two of the said Proxies.

The above-mentioned Proxies being set down in manner and form as aforesaid, now followeth in the next place the beginning of the Parliament it self, and the manner of her Majesties coming to the same.

On Tuesday the 27^th day of October and the first day of this present Parliament, about three of the Clock in the Afternoon the Queen went by Land to Westminster Church, riding in a Chariot made all open, only like a Canopy at the Top, being of Cloth of Silver or Tissue, with divers Lords and others in their degree being Marshalled by the Heralds; where having heard a Sermon, she went into the Upper House, and being there set, the Lords Spiritual and Temporal took their several places, whose names are Transcribed out of the Original Journal of the Upper House in manner and form following.

Johannes Archiepiscopus Cantuarien'.

Thomas Egerton Miles, Dominus Custos magni Sigilli.

Dominus Buckhurst Dominus Thesaurarius Angliæ.

Marchio Winton.

Comites.

Comes Sussex Magnus Mareschallus.
Comes Nottingham Magnus Admirallus Angliæ
& Magnus seneschallus Hospitii Reginæ.
Comes Northumbr.
Comes salop.
Comes Darbiæ.
Comes Wigorn'.
Comes Cumbriæ.
Comes Pembrooke.
Comes Hertford.
Comes Lincoln.

Episcopi.

Episcopus London.
Episcopus Dunelmen.
Episcopus Wintonien.
Episcopus Roffen.
Episcopus Coventr' & Litchfield.
Episcopus Wigorn.
Episcopus Bathon' & Wellen.
Episcopus Meneven.
Episcopus Lincoln.
Episcopus Asaphen.
Episcopus Cestren.
Episcopus Cicestren.
Episcopus Exon.
Episcopus Sarisburien.
Episcopus Elien.
Episcopus Petriburgen.

Barones.

Dominus Zouch.
Dominus Cobham.
Dominus Stafford.
Dominus Grey de Wilton.
Dominus Dudley.
Dominus Lumley.
Dominus Stourton.
Dominus Windsor.
Dominus Mordant.
Dominus Wharton.
Dominus Rich.
Dominus Willoughby de Parham.
Dominus Sheffield.
Dominus Darcie de Chiche.
Dominus Chandois.
Dominus S^t John de Bletsoe.
Dominus Compton.
Dominus Norreys.
Dominus Howard de Walden.

These names being thus inserted out of the Original Journal-Book, now follow some other passages of this day with the summ of the Lord Keepers Speech out of a private Journal of the House of Commons.

The Knights, Citizens and Burgesses of the House of Commons having notice that her Majesty with divers Lords Spiritual and Temporal and others were set in the Upper House, hasted thither; but before they came, the door of the House was shut, and notwithstanding any means that was made by them, was still kept shut until the Lord Keeper had ended his Speech: the substance or chief scope of which said Speech was as followeth.

He used perswasion of thankfulness, and of obedience, and also shewed her Majesties desire of dissolution of this Parliament before Christmas. He shewed unto us the necessity we stand in, and the means to prevent it; the necessity, the Wars between Spain and England; the means, Treasure, &c. His advice was, that Laws in force might be revised and explained, and no new Laws made. Our Enemies he said were Enemies to God, the Queen and the peace of this Kingdom, conspired to overthrow Religion, to reduce us to a Tyrannical servitude. These Enemies he named to be the Bishop of Rome and the King of Spain. Our state being thus, he summoned us to be provident, by reason we deal with a provident Enemy; and confident, because God hath ever, and I hope will ever, bless the Queen with successful fortune. He shewed how apparent his providence was by the means and course he taketh for our instruction; And secondly the success we had against him by Gods strong Arm of defence in Anno 1588. and divers other times since. You see to what effect the Queens support of the French Kings Estate hath brought him; even made him one of the greatest Princes in Europe; when her Majesties Forces there left him, how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions. For the Low-Countries, how by her aid, from a confused Government and State she brought them to an Unity in Counsel, and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs, which have so much gauled him, that how many desperate practices have been both devised, consented to and set on foot by commandment of the late King his Father, I need not shew you, neither trouble you with Arguments for proof thereof, being confessed by them that should have been Authors themselves. But de mortuis nil nist bonum. I would be loth to speak of the dead, much more to slander the dead. I have seen her Majesty wear at her Girdle the price of her blood; I mean Jewels which have been given to her Physicians to have done that unto her, which I hope God will ever keep from her; but she hath rather worn them in Triumph than for the price, which hath not been greatly valuable.

Then he fell to perswade us, because new occasions were offered of consultations, to be provident in provision of means for our own defence and safety, seeing the King of Spain means to make England miserable by beginning with Ireland; neither doth he begin with the Rebels, but even with the Territory of the Queen her self. He shewed that Treasure must be our means, for Treasure is the sinews of War.

Nota, That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November, which next ensued, by Sir Robert Cecill her Majesties principal Secretary, who had done it to satisfy divers Members of the same, who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid.

Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House.

As soon as the Lord Keeper had ended his Speech, and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it, were departed down to their own House, Thomas Smith Esq; Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French, which were as followeth.

Receivors of Petitions for England, Ireland, Wales and Scotland, Sir John Popham Knight, Lord Chief Justice, Francis Gawdy, one of the Justices of the Kings Bench, George Kingsmell, one of the Justices of the Common Pleas, D^r Carew and D^r Stanhop:

Receivors of Petitions for Gascoign, and other Lands and Countries beyond the Seas and of the Isles, Sir Edmund Anderson Knight, Lord Chief Justice of the Common Pleas, Sir William Perriam Knight, Lord Chief Baron, Thomas Walmesley one of the Justices of the Common Pleas, D^r Swale and D^r Howard. They who will deliver Petitions, to deliver them within six dayes.

Triors of Petitions for England, Ireland, Wales and Scotland.

The Archbishop of Canterbury, the Marquess of Winchester, the Earl of Sussex Lord Marshal of England, the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House, the Earl of Hartford, the Bishop of London, the Bishop of Durham, the Bishop of Winchester, the Lord Zouch, and the Lord Cobham.

All these or any four of them, calling unto them the Lord Keeper of the Great Seal, and the Lord Treasurer and also the Queens Serjeants at their leisure, to meet and hold their place at the Chamberlains Chamber.

Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles:

The Earl of Oxford High Chamberlain of England, the Earl of Northumberland, the Earl of Shrewsbury, the Earl of Worcester, the Earl of Huntington, the Bishop of Rochester, the Bishop of Lincoln, the Lord Hunsdon Chamberlain to the Queen, the Lord Le Ware, the Lord Lumley and the Lord Burleigh.

All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them, to meet and hold their place in the Treasurers Chamber.

Then the Lord Keeper continued the Parliament, which is set down in the Original Journal-Book in manner and form following.

Dominus Custos Magni Sigilli ex mandato Dominæ Reginæ continuavit præsens Parliamentum usq; in diem Veneris proximè futurum, viz. 30^m diem Octobris.

Nota, That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House, yet because it is very imperfectly and briefly Entred there, I have therefore supplied it somewhat largely out of a private Journal of the House of Commons.

On Friday the 30^th day of October about one of the Clock in the Afternoon, her Majesty came by Water to the Parliament Chamber, commonly called the Upper House, and being Apparelled in her Royal Robes and placed in her Chair of State, divers also of the Lords Spiritual and Temporal being present, the Knights, Citizens and Burgesses of the House of Commons, who had attended at the Door of the said House with John Crooke Esq; Recorder of London, their Speaker Elect, the full space of half an hour, were at last as many as conveniently could let in, and the said Speaker was led up to the Bar or Rayl at the lower end of the same House, by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold, and Sir John Fortescue Chancellor of the Exchequer, and presented to her Majesty, to whom after he had made three low Reverences he spake in effect as followeth.

MOST Sacred and Mighty Sovereign, Upon your Majesties Commandment your most dutiful and loving Commons, the Knights, Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House, to be their Speaker; but finding the weakness of my self and my ability too weak to undergo so great a burthen, I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me, and not to lay this charge so unsupportable, upon my unworthy and unable Self: And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects. And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service, but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me, when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you. For I know and must acknowledge that under God, even through your Majesties great bounty and favour I am that I am; And therefore none of your Majesties most dutiful Subjects more bound to be ready, and being ready, to perform even the least of your Majesties Commandments. I therefore do most humbly beseech your Majesty, that in regard the Service of so great a Prince and flourishing Kingdom may the better and more successfully be effected, to Command your dutiful and loving Commons, the Knights, Citizens and Burgesses of the Lower House, to proceed to a new Election.

Then after he had made three Reverences, the Queen called the Lord Keeper, to whom she spake something in secret; And after, the Lord Keeper spake in effect thus much.

M^r Speaker, Her Majesty with gracious attention having heard your wise and grave excuse for your discharge, Commanded me to say unto you, that even your Eloquent Speech of defence for your self is a great motive, and a reason very perswasive both to ratifie and approve the choice of the loving Commons, the Knights, Citizens and Burgesses, as also to commend their wife and discreet choice of your self in her gracious censure, both for sufficiency well able, and for your former Fidelity and Services well approved and accepted of: And therefore her Majesty taketh this Choice of you for bonum omen, a sign of good and happy success, when the beginning is taken in hand with so good Wisdom and Discretion.

Her Majesty therefore Commanded me to say unto you, that she well liketh of your Election, and therefore she ratifieth it with her Royal Assent.

Then M^r Speaker making three low Reverences Answered in this sort.

MOST Sacred and most Puissant Queen, seeing it hath pleased you to Command my Service by Consenting to the free Election of your dutiful and loyal Subjects, the Knights, Citizens and Burgesses, of me to be their Speaker, I most humbly beseech your Majesty to give me leave to shew unto you the dutiful thoughts and earnest affections of your loyal Subjects to do your Majesty all Services, and to defend your Royal and Sacred Person both with their Lives and Goods, against, &c. And so made a vehement Invective against the Tyranny of the King of Spain, the Popes Ambition, the Rebels of Ireland, which he said were like a Snake cut in pieces, which did crawl and creep to join themselves together again. And lastly, with Prayers to continue the prosperous Estate and Peace of this Kingdom, which hath been defended as he said by the Mighty Arm of our Dread and Sacred Queen. To which she Answered openly her self, No, but by the mighty hand of God, Mr Speaker. Then he proceeded to the last part, to beseech her Majesty for freedom of Speech to every particular Member of this House and their Servants. And lastly, if any mistaking of any Message delivered unto him from the Commons should happen, that her Majesty would attribute that to his weakness in delivery or understanding, and not to the House, as also any forgetfulness through want of Memory, or that things were not so judiciously handled or expressed by him as they were delivered by the House.

To which after the Queen had spoken to the Lord Keeper as aforesaid, (after three Reverences by the Speaker) the Lord Keeper said in effect as followeth.

M^r Speaker, Her Majesty doth greatly commend and like of your grave Speech, well divided, well contrived; the first proceeding from a sound Invention, and the other from a setled Judgment and Experience. You have well, and well indeed weighed the Estate of this Kingdom, well observed the greatness of our Puissant and Grand Enemy the King of Spain, the continual and excessive Charges of the Wars of Ireland, which if they be well weighed, do not only shew the Puissance of our Gracious Sovereign in defending us, but also the greatness of the charge continually bestowed by her Majesty even out of her own Revenues to protect us, and the exposing of her Majesty to continual trouble and toilsome cares for the benefit and safety of her Subjects. Wherefore Mr Speaker, it behoveth us to think and say, as was well delivered by a grave Man lately in a Concio ad Clerum, Opus est subsidio mè fiat excidium.

Touching your other requests for freedom of Speech, her Majesty willingly consenteth thereto, with this Caution, that the time be not spent in idle and vain matter, painting the same out with froth and volubility of words, whereby the Speakers may seem to gain some reputed credit by imboldening themselves to contradiction, and by troubling the House of purpose with long and vain Orations to hinder the proceeding in matters of greater and more weighty importance. Touching access to her Person, she most willingly granteth the same, desiring she may not be troubled unless urgent matter and affairs of great consequence compel you thereunto: for this hath been held for a wife Maxim, In troubling great Estates, you must trouble seldom.

For Liberties unto your selves and persons, her Majesty hath Commanded me to say unto you all, that she ever intendeth to preserve the Liberties of the House, and granteth freedom even unto the meanest Member of this House: But her Majesties Pleasure is, you should not maintain and keep with you notorious persons either for life or behaviour, and desperate Debtors who never come abroad, fearing Laws, but at these times; Pettifoggers and Vipers of the Common-Wealth; Prolling and Common Sollicitors, that set dissention between Man and Man; and men of the like condition to these: These her Majesty earnestly witheth a Law may be made against; as also that no Member of this Parliament would entertain or bolster up any man of the like humour or quality, on pain of her Highness displeasure. For your excuse of the House and of your self, Her Majesty Commanded me to say, that your sufficiency hath so oftentimes been approved before her, that she doubteth not of your sufficient discharge of the place you shall serve in. Wherein she willeth you to have a special Eye and regard not to make new and idle Laws, and trouble the House with them; but rather look to the abridging and repealing of divers obsolete and superfluous Statutes; As also first to take in hand matters of greatest moment and consequence. In doing thus, Mr Speaker, you shall fulfill her Majesties Commandment, do your Country good, and satisfie her Highnesses expectation. Which being said, the Speaker made three Reverences to the Queen.

Nota, That this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House, but is supplied out of a private Journal of the House of Commons, out of which also the whole business of this Afternoon touching the Speakers Presentment, Speech and Allowance are transcribed. And I have always conceived it most proper to refer the large relation of these and such like other Speeches and Passages (if warranted by any good Authority) to the Journals of the Upper House in which they are acted and delivered, and only for Order to leave some short Memorial of them in the Journals of the House of Commons.

Now follows the continuance of the Parliament out of the Original Journal-Book of the Upper House, where it is Entred in these words, viz.

Dominus Custos magni Sigilli ex mandato Dominæ Reginæ continuavit præsens Parliamentum usq; in diem Jovis quintum Mensis Novembris.

After which, (as is set down in the foresaid private Journal) room being made, the Queen came through the Commons to go to the great Chamber, who graciously offering her hand to the Speaker he kist it; but not one word she spake unto him; and as she went through the Commons, very few said God save your Majesty, as they were wont in all great Assemblies; and so she returned back again to Whitechal by Water.

Now follow the next days Passages out of the Original Journal-Book of the Upper House.