House of Commons Journal Volume 1: 16-17 January 1581

The THIRD SESSION of the Fourth Parliament of our Sovereign Lady ELIZABETH, by the Grace of God of England, France, and Ireland, Queen, Defender of the Faith, &c. holden at Westminster, after sundry Prorogations, upon Monday, being the Sixteenth Day of January, in the Twenty-third Year of her Majesty's Reign.

Parliament meets.

AT which Day divers of the Knights of the Shires, Citizens of Cities, Burgesses of Boroughs, and Barons of the Ports, did appear, and sit down in the Lower House of Parliament; but the Number of them was not great; partly, by reason of sundry former Prorogations of the same Session made so near unto the Days thereof appointed ; and partly also, for that many of the Knights, Citizens, Burgesses and Barons, since the last former Session, were changed, some by Death, and some by other Occasions, and new returned in some of their Places, and in some others none; which now could not sit in the House, till they had first taken the Oath for acknowleging the Queen's Highness's Supremacy over all Estates within her Majesty's Realms and Dominions; which, as then, was not done, neither could then be done, because there was then no Lord Steward at all named or appointed for that Purpose, according to the Form of the Statute in that Case made and provided.

Proceedings on Death of the Speaker.

And being so set, Sir Francis Knolles Knight, Treasurer of her Majesty's most honourable Houshold, stood up, and putting the House in Remembrance, as well of the Death of Sir Robert Bell Knight, the late Speaker, since the last Session, by reason whereof the House was then without a Speaker, and could not therefore proceed in any thing; as also, of some Course to be taken for procuring her Majesty's Commandment to chuse another Speaker; he declared unto them, That as it was well known, by often Experience and Usage, that, at the first Summons or Beginning of a Parliament, the Order is, in that Case, to sit still till the House be sent for to the Higher House, there to receive her Highness's Commandment to chuse a Speaker; so was it now incertain, what Order should be used, when, a Speaker dying after a former Session prorogated, a new is to be chosen in another Session ensuing, holden by such Prorogation : In which Case, he said, were not many Precedents, to his Knowledge; albeit yet One within our Remembrance; which was in the Eighth Year of her Majesty's Reign; when Mr. Onslowe was so chosen, after the Death of Mr. Williams, who was Speaker in a Session holden in the Fifth Year of her Highness's Reign, and died before the Session holden in the said Eighth Year, unto which the said Parliament, holden in the said Fifth Year, was prorogued ; and so offered forth a Copy of that Precedent: But because Fulk Onslowe Gentleman, Brother of the said Mr. Onslowe, being the Clerk to attend upon this House, was then present, and sitting in his Place, as Clerk ; and had there his original Book of Notes, out of the which the said Copy was taken; he was commanded to read the said Precedent, as it was set down and entered in his said Book; which he did accordingly : Upon the Reading whereof, after divers Motions made, and Speeches delivered, to sundry Ends and Purposes, tending some of them partly to want of sufficient Warrant to deal or treat of that Matter, or any other, among themselves, without a Speaker, and much less of any dealing with the Higher House; and partly to the Singularity of that said Precedent, being the only Precedent, which could be shewed in such Manner of Proceeding, and therefore subject to Peril of Innovation and Inconvenience, rather than warranted upon any good Grounds; Others thinking it to be a Breach of Duty towards her Majesty to enter into that, or any other Consultation, before her Highness's Pleasure first known touching a Speaker, for want of whom, to take the Voices, and moderate the Consultation, the House had, as yet, no Warrant to resolve of any thing; and that those, which should go on such Message, could have no good Warrant to deliver it in the Name of the House, when as the House could not, as yet, treat of any thing at all; Some also thinking that the said Precedent not only had some Inconvenience of drawing a special Prerogative to those of the House, which were of her Majesty's Council, from the Residue of the House, but also had great Peril of Precedent to draw the Petitions of this House to her Majesty, to be done by Mediation of the Higher House; Some again thinking it to stand much more with Duty and Humility towards her Highness, not to presume to make such Petition, nor to make any Difference at all in Proceeding of a new Summons of a Parliament, and upon a Session by Prorogation, but, as it is used upon new Summons, to sit still in all Humbleness, expecting till the House should be sent for to the Higher House, there to receive her Majesty's Pleasure and Commandment for chusing of a Speaker, to be delivered unto them, either by the Lord Chancellor, in her Majesty's Presence, or else, in her Highness's Absence, to be intimated unto them by her Majesty's Commission, as in Cases of Prorogations, and other like Proceedings, is used to be done, not doubting but her Highness would take certain Notice of the Death of the said Sir Robert Bell; for that her Majesty not only had first made him Lord Chief Baron of her Exchequer since the last former Session ; but also hath made a new Lord Chief Baron thereof since his Death : It was at last agreed, by the greater Number of the few Voices, that the said Precedent should be followed, which had before passed in the Eighth Year of her Highness's Reign: And accordingly were appointed the said Mr. Treasurer, and Sir James Crofte Knight, Comptroller of her Majesty's said most honourable Houshold, and Thomas Wilson Esquire, One of her Highnesses Two principal Secretaries, with a convenient Number of others of the House, to go to the Higher House to make Petition to the Lords for their Mediation to her Majesty for Licence to chuse a Speaker, the Place being void, first, by the Making of the said Sir Robert Bell to be Lord Chief Baron of the Exchequer; and lastly, by his Death : Which Message being, by the said Persons, executed accordingly, and they brought Answer again to the House from the Lords, that their Lordships had appointed all the Lords of the Privy Council, with the Marquis of Winchester, the Earl of Arundell, and the Bishop of London, to make that Suit to her Majesty, and requiring to have Four of this House, being of her Majesty's Privy Council, to join therein with them, according to the said Precedent: Whereupon, forasmuch as it appeared to this House, that the Lords, in appointing their Number, had varied from the said Precedent, it was moved, that likewise the Number appointed by this House might also be altered, that in Precedent it might remain a Thing arbitratory to the House; and that so Five of this House, being of the Privy Council, should be added to the Lords; and the rather, because it was then affirmed of some, that the Cause, why only Four of the Council, being of this House, were appointed in the said Eighth Year, was, for that the Lords Number was then but Four, and for that also there were at that Time, but Four of the Council in this House, the now Lord Treasurer then being the One only principal Secretary to her Majesty : But at last the said Precedent was precisely urged and followed. And the said Mr. Treasurer, Mr. Comptroller, and Sir Francis Walsingham Knight, One of her Majesty's Two principal Secretaries, and Sir Walter Mildmay Knight, Chancellor of her Highness's Court of her Exchequer, were appointed by this House to join with the said Lords in the said Suit to her Majesty. And Order was then also given, that this House should still daily assemble, to continue the Session, and attend the Answer of her Highness's Pleasure therein.

Martis, 17o Januarii, 1580

House meets.

Some Number of this House assembled this Day, and attended, for the Causes aforesaid.