THE JOURNAL OF THE House of LORDS.
An exact and perfect Journal of the House of Lords in the Parliament
holden at Westminster, Anno 39 Reginæ Eliz. Anno Domini
1597. which began there on Monday the 24th Day of October,
and then and there continued until the Dissolution thereof on Thursday the 9th Day of February Anno 40. Reginæ ejusdem.
Vide Gul. Camd. Anno Regin. Eliz. edit. Lugdun Batavorum An. Dom. 1625. pag. 682.
This Journal of the House of
Lords and all the rest that have
since followed both the Queens
Reign and in the Reigns of King
James and King Charles her Successors, unto this present year 1629. have been
more exactly and largely taken than before. For
Thomas Smith Esquire now succeeding unto Anthony Mason Esquire, formerly Clerk of the said
House of Lords, was much more careful in observing and setting down the dayly passages thereof this Parliament than the said Mr Mason had
been. In which, the said Sir Thomas Smith's
successors (for he was afterwards Knighted) have
much exceeded him also, by the large and diligent digesting of the particular agitations of every
day upon which the said House
did sit. Only the Return of the
Proxies (as is presently more fully declared) was more distinctly entred by the abovenamed
Mr Anthony Mason, than hath been since accustomed. At this Parliament also there succeeded a new
Lord Keeper: For Sir John Puckering deceasing
in A. D. 1596. the Custody of the Great Seal was
committed unto Sir Tho. Egerton, then her Majesties Attorney General, who at this present and
many years after supplied that place. Neither finally doth this ensuing Journal want either matter of
rarity in respect of the Lord La Ware's right setling in his former place, which had been for a
while discontinued, or matter of very good Precedent in respect of some Questions that arose betwixt the two Houses touching the manner and
form of the Lord Keeper's delivering the Answer
of the Lords to such Members of the House of
Commons as should at any time be sent up unto
their Lordships with any Message or Bill.
Before the particular Relation of each days
passages in this present Parliament be inserted out of the Original Journal-Book of the
Upper House, the extraordinary and unusual
Proxies (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 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, upon the days on which they
were introducted or returned; Now Thomas
Smith Esquire succeeding the said Anthony Mason,
did only generally enter them at the beginning of
this present Journal, as had been formerly accustomed, without any distinct setting down the several days on which they had been introducted &
delivered unto him. Which course having been
also since followed unto this present year 1629.
the said Proxies can be no more referred to their
proper days, but must be once for all generally
set down in this present Journal and in divers
others ensuing before the beginning of the said
Journal, in manner and form following.
Literæ procuratoriæ in hoc Parliamento
Archiepiscopi Eboracen' Matthæi, &c. qui Procuratores suos constituit Johannem Archiepiscopum
Cantuarien', Richardum Episcopum London', Tobiam Episcopum Dunelmen', & Richardum Episcopum Cestren' conjunctim & divisim.
Nota, That whereas there is an, &c. after
the word Matthæi in the Proxy foregoing, it
seemeth that these words are left out, viz. absentis ex licentia Dominæ Reginæ; and so if nothing
had been omitted, the said Proxy, as may very
probably be conjectured, should have been thus
inserted, Archiepiscopi Eboracen' Matthæi absentis
ex licentia Dominæ Reginæ, qui Procuratores, &c.
as is before set down.
Nota also. That these Proxies are all entred
in the Genitive Case, and must therefore be severally referred to those foregoing words, viz.
Literæ Procuratoriæ in hoc Parliamento sunt
Tobiæ Episcopi Dunelmen', qui Procuratores
suos constituit Richardum Episcopum London', Johannem Episcopum Wintonien' & Herbertum Episcopum Hereforden' conjunctim & divisim.
Johannis Episcopi Carliolen', qui Procuratorem
suum constituit Johannem Archiepiscopum Cantuarien.
Willielmi Episcopi Asaphen', qui Procuratores
suos constituit Johannem Archiepiscopum Cantuarien', Richardum Episcopum London', & Johannem Episcopum Bathon' & Wellen', conjunctim &
Willielmi Episcopi Lincoln', qui Procuratorem
suum constituit Johannem Archiepiscopum Cantuarien'.
Herberti Episcopi Hereforden', qui suos Procuratores constituit Episcopos Roffen', Coventr' &
Litchfield, & Norwicen'.
Antonii Episcopi Meneven', qui Procuratores
suos constituit Episcopos Wigorn', Bathon' & Wellen', & Norwicen'.
Note 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 Dignity, and in
respect that the Archbishop 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 the
Lords is noted each day when they sit, as long as
the Parliament continueth.
There were also nine Temporal Lords which
this Parliament sent their Proxies, but in respect
that according to the common use, each of them
constituted but one Proctor apiece, they are
omitted as not worthy the observation. Only
the last of them, being the Lord Willoughbies
Proxy of Eresby, I thought good to have inserted, because some exotick Titles are given him
it it, viz.
Peregrini Domini Willoughby Beake & Eresby, qui suum Procuratorem constituit Edwardum Dominum Zouch.
Nota, That all the foregoing Proxies, which
were sent from the Bishops, were extraordinary
or unusual Proxies, in which a Spiritual Lord
did constitute but one Proctor or more than
two; whereas usually the Bishops do constitute
two Proctors apiece, and the Temporal Lords
And now the aforesaid Proxies being thus inserted, the particular relation of some Passages
of each day during the continuance of this Parliament are in the next place transcribed out of
the Original Journal-Book of the Upper House,
and some part also now at the very beginning
out of a certain fragmentary and imperfect Journal of the House of Commons taken at this Parliament by a Member of the same.
On Monday the 24th day of October the Parliament began, and her Majesty with the greatest
part of the Nobility, and others, in great state
and comely manner, came from her Palace of
Whitehall towards Westminster Church about one
of the Clock in the Afternoon, riding in a Chariot open, all covered over head Canopy-wise
with Cloth of Tissue or Cloth of Silver. Where
after she had heard a Sermon, she went on foot
to the Parliament House.
The Lords Spiritual and Temporal present this
day in the Upper House with her Majesty are set
down in the Journal-Book to be these.
Johannes Archiepiscopus Cantuarien'.
Thomas Egerton Miles, Dominus Custos magni
Dominus Burleigh Dominus Thesaurarius Angliæ.
Comes Sussex, Magnus Marescallus.
Comes Nottingham, Magnus Senescallus.
Episcopus Covent'. & Litchf.
Episcopus Bathon'. & Wellen'.
Dominus Hunsdon Camerar'.
Dominus Darcy de Menell.
Dominus Willoughby de Parham.
Dominus Darcy de Chiche.
Dominus St John de Bletso.
These Lords Spiritual and Temporal being sat
and her Majesty placed in her Chair of Estate, the
Knights, Citizens and Burgesses of the House of
Commons upon notice thereof repaired thither;
and being (as many as conveniently could) let
in, Sir Thomas Egerton by her Majesties Commandment spake as followeth, viz.
The Queens most Excellent Majesty, my
most Gracious and Dread Soveraign, hath
commanded me to declare unto you my Lords,
and others here present, the Causes which have
moved her Highness to summon this High Court
of Parliament at this time. Which before I can
express, I must confess truly, That the Royal
presence of her Majesty, the view of your Lordships and this honourable Assembly, together
with the consideration of the weightiness of the
service and my own weakness, do much appal me,
and cause me to fear. Wherefore if either
through fear I forget, or through the many
wants and imperfections, which I have, I fail to
perform that duty which is required, I do most
humbly crave pardon of her Majesty, and beseech your Lordships to bear with me.
The great and Princely Care which her Highness now hath, as heretofore she hath ever had,
to preserve her Kingdoms in Peace and Safety
from all Foreign Attempts, hath caused her at
this present to assemble this honourable and great
Council of her Realm, to advise of the best and
most needful means whereby to continue this her
peaceable happy Government, and to withstand
the malice of her weighty and implacable Enemies,
which hitherto by the space of many years,
through her provident and Princely Wisdom
hath been performed, to the great and inestimable benefit of her Subjects, as that the simplest
amongst them could not but see, and the wisest
but admire their happiness therein, the whole
Realm enjoying Peace in all Security wherein our
Neighbour Countries have been torn in pieces
and tormented continually with cruel and bloody Wars. This her Majesty is pleased to ascribe
to the mighty Power and Infinite Mercy of the
Almighty. And therefore it shall well become us
all of all sorts most thankfully upon the Knees of
our Hearts to acknowledge no less unto his holy
name, who of his infinite goodness still preserves
her Highness and send her many years over us all
in Happiness to Reign.
In this her blessed Government her Highness
chief care and regard above all hath been of the
Honour and Service of Almighty God, that true
Religion might be planted and maintained in the
hearts of her people through all the parts of her
Realms; and as well in that behalf, as for the
peace and benefits of her Subjects she hath from
time to time established many good Laws to
meet with the disorders and to punish the offences of wicked and ungodly men, that continuing
in their bad ways they might not be hardned and
go forward in their wickedness. For, Mora in
peccato dat incrementum sceleri.
And whereas the number of Laws already
made is very great, some of them being obsolete
and worn out of use, others idle and vain, serving to no purpose; some again over-heavy and
too severe for the offence, others too loose and
slack for the faults they are to punish; and many so full of difficulty to be understood, that
they cause many Controversies and much trouble
to arise amongst the Subjects. You are to enter
into a due consideration of the Laws, and where
you find superfluity, to prune and cut off, where
defect, to supply, and where ambiguity, to explain, that they be not burthensome but profitable to the Common-Wealth. Which being a
Service of importance and very needful to be
required; yet as nothing is to be regarded if
due mean be not had to withstand the malice
and the force of those professed Enemies which
seek the destruction of the whole State, this before and above all is to be thought of, and with
most endeavour and care to be provided for. For
in vain are Laws made, and to little purpose will
they serve, be they never so good, if such prevail as go about to make a Conquest of the Kingdom. Wars heretofore were wont to be made
either of Ambition to enlarge Dominions, or of
revenge to quit injuries: But this against us
is not so; in this the Holy Religion of God is
sought to be rooted out, the whole Realm to be
subdued, and the precious life of her Excellent
Majesty to be taken away. Which hitherto, by
the powerful hand and great goodness of the
Almighty, hath been preserved, mauger the
Devil, the Pope and the Spanish Tyrant, and
all the mischievous designs of all her Enemies.
Wherefore it is high time that this be looked unto, and that no way be left unsought, nor means
unused, which may serve for defence thereof.
Her Majesty hath not spared to disburse a Mass
of Treasure, and to sell her Land for maintenance of her Armies by Sea and Land, whereby
with such small helps as from her Subjects have
been yielded, she hath defended and kept safe
her Dominions from all such forcible attempts
as have been made. Which being still to be performed by infinite charge, her Majesty doth notwithstanding hear of nothing more unwillingly
than of Aids and Subsidies to be returned from
her people, though what she doth receive, she
doth carefully bestow and infinitely more of her
own. The Taxations at this day, howsoever they
seem, are nothing so great as heretofore in the
Reign of former Kings they have been. In the
time of Edward the third, the two next before
him and those three which succeded after him, the
payments of the Commons did far exceed any that
have been since her Majesties Reign, which is of
Record in Histories to be seen: but never cause
so great to imploy great sums of Money as now.
Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties exceeding charge, which at this present she is at, and
is to continue for the defence of the Realm.
He cannot be well advised, who in this case
will not be forward to contribute and bestow
whatsoever he hath. For if with the Commonwealth it go not well, well it cannot be with
any private or particular person, that being in
danger. He that would seek to lay up Treasure,
and so inrich himself, should be like to him that
would busy himself to beautify his House when
the City where he dwelleth, were on fire; or
to deck up his Cabbin when the Ship wherein
he saileth, were ready to drown, so as perish he
must of necessity either with it or for it. To
spare in that Case is to spare for those which seek
to devour all; and to give, is to give to our
selves, her Majesties part only being carefully to
bestow what is delivered into her hands. Wherein men performing their Duties, there is no Cause
at all to fear; for this War is just, it is in defence of the Religion of God, of our most gracious Soveraign, and of our natural Country, of
our Wives, our Children, our Liberties, Lands,
Lives, and whatsoever we have.
Wherefore not mistrusting your forwardness,
that I may not offend in too much enlarging of
this point as a poor remembrance of her Majesty, I
shortly say to your Lordships, quod justum est,
necessarium est; nothing can be more just than
this War; nothing ought to seem more necessary
than carefully to provide due maintenance for
And to you of the House of Commons, to the
end you may orderly proceed and wisely consult
of these weighty Causes delivered unto you, her
Majesties pleasure is, you should according to
your accustomed manner, go down to the Lower
House, and there make choice of some grave,
wise, and Learned man among you to be your
Speaker, who shall be for an understanding sufficient, and for discretion fit, as your Mouth to
signify your minds, and to make your Petitions
known to her Highness, and him on Thursday
next to present in this place.
Nota, that this foregoing Speech of the Lord
Keeper is not found in the Original Journal-Book,
of the Upper House, but is supplied by me out
of a Copy thereof lying by me, which I conceive to have been very truely transcribed out of
the Original; and I have always conceived it
most proper to refer this and such like other
Speeches (if warranted by any good authority)
to the Journal of the said Upper House, because
they are delivered in it, and only for Order sake
to have some short Memorial thereof in the Journal of the House of Commons.
As soon as the Lord Keeper had ended his
Speech, and the Knights, Citizens and Burgesses
were departed down to their own House, the
Clerk of the Upper House read the Names of the
Receivers and Triers of Petitions in French, which
were as followeth, viz.
Receivers of Petitions for England, Ireland,
France and Scotland.
Sir John Popham Lord Chief Justice, John
Clinch one of the Justices of the Kings Bench,
Francis Gaudy one of the Justices of the said
Bench, Dr. Carew and Dr. Stanhop.
Receivers of Petitions for Gascoigne and other
Lands and Countries beyond the Seas, and the
Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas, Sir Willam Perriam
Knight Lord Chief Baron, Thomas Walmesley
one of the Justices of the said Common Pleas,
Dr. Lewen and Dr. Cousins; and they who will
deliver Petitions, to deliver them within six
Tryers of Petitions for England, Ireland, Wales
The Arch-Bishop of Canterbury, the Marquess
of Winchester, the Earl of Sussex great Marshal,
the Earl of Nottingham Lord Steward of the
Queens Household and Lord Admiral of England, the Bishop of London, the Bishop of Winchester, the Lord Cobham and the Lord North.
All these Lords and Prelats or any four of
them calling unto them the Keeper of the Great
Seal and the Lord Treasurer, and also the Queens
Serjeants, shall hold their place, when their leisure serveth, in the Chamberlains Chamber.
Tryers of Petitions for Gascoigne and other
Lands and Countries beyond the Seas, and the
The Earl of Oxford Great Chamberlain of
England, the Earl of Shrewsbury, the Earl of
Huntington, the Bishop of Rochester, the Bishop
of Worcester, the Lord Hunsdon Lord Chamberlain to the Queen, the Lord Lumley and the Lord
All these Lords and Prelats or any four of
them, calling unto them the Queens Serjeants,
and also the Queens Attorney and Sollicitor,
when their leisure serveth, shall hold their place
in the Treasurers Chamber.
The Lord Burgh absent, being at this time
Lord Deputy of Ireland.
The Lord De la Ware absent, because he made
question of his place, intending to make Suit to
the Parliament concerning the same.
Dicto 24° die Octobris, viz. Primo die hujus
Parliamenti, Introductum est breve quo Archiepiscopus Eboracen' præsenti Parliamento interesse summonebatur, & admissus est ad suum præheminentiæ
sedendi in Parliamento locum, salvo jure alieno.
Consimilia brevia introduct. sunt 4. Comitibus,
10. Episcopis, & 5. Baronibus.
Dominus Custos magni Sigilli ex mandato Dominæ Reginæ continuavit præsens Parliamentum usq;
in diem Jovis proximum futurum, viz. 27 diem
On Thursday the 27th day of October the
Queens Majesty repaired in the Afternoon to
the Upper House of Parliament, accompanied
with divers Lords Spiritual and Temporal, who
attended her Majesty this said day in the House,
being for the most part the same that are mentioned to have been present there on Monday the
24th day of this instant October foregoing. Of
which the Knights, Citizens and Burgesses of the
House of Commons having notice, Mr Serjeant
Yelverton being chosen Prolocutor or Speaker of
the said House, was by them brought into the
Upper House, and by the hands of Sir William
Knolles Controller of her Majesties Houshold,
and Sir John Forteseue Chancellor of the Exchequer presented.
Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of
the House of Commons in making an Election,
but excusing himself by pretence of many disabilities and imperfections, and wishing earnestly
he were of sufficiency to perform the Duty of
that place, made humble Suit to her Majesty that
he might be discharged, and that the said House
of Commons might proceed to a new Election.
Which excuse was not allowed by her Majesty
(as the Lord Keeper delivered by Answer) but
the choice of the said Mr Yelverton was by her
Majesty very well approved and his sufficiency
He then proceeded in another Speech (according to the manner) to undertake that charge
and to present to her Majesty in the behalf of
the said House of Commons certain humble Petitions, for access unto her Majesty in the behalf
of the said House upon needful occasions, and
for the using and enjoying such Liberties and Priviledges as in former times had been granted and
allowed by her Majesties Progenitors and her
self. Whereunto her Majesty (making Answer
by the Mouth of the Lord Keeper) did yield her
Gracious Assent, with admonition that the said
Liberties and Priviledges should be discreetly and
wisely used, as was meet.
Dominus Custos magni Sigilli ex mandato Dominæ Reginæ continuavit præsens Parliamentum
usq; in diem quintum Mensis Octobris.