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 27th Day of October, and then
and there continued until the Dissolution thereof, on Saturday the
19th 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 10th
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 39th
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 St 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 27th 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 St 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, Dr Carew and Dr 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,
Dr Swale and Dr 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. 30m
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 30th 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.
Mr 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 Mr 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.
Mr 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.