82. PROCEEDINGS IN PARLIAMENT (1559-1601)

(A) Opening of Parliament (1559)[1]

[25 January.] The knights, citizens, and burgesses of the house of commons 
remained sitting in their own house till notice was brought them ... that 
her majesty, the lords spiritual and temporal, and the residue were set in 
the upper house expecting their repair thither. Whereupon they went up 
immediately unto the said house and ... Sir Nicholas Bacon, lord keeper ... 
, went and stood behind the cloth of estate on the right hand and there 
spake as followeth, viz.: "My lords and masters all, the queen's most 
excellent majesty, our natural and most gracious sovereign lady, having as 
you know summoned hither her high court of parliament, hath commanded me to 
open and declare the chief causes and considerations that moved her highness 
thereunto.... The immediate cause of this summons and assembly be 
consultations, advice, and contentation. For although divers things that are 
to be done here in parliament might by means be reformed without parliament, 
yet the queen's majesty ... , reposing herself not a little in your 
fidelities, wisdoms, and discretions, meaneth not at this time to make any 
resolutions in any matter of weight before it shall be by you sufficiently 
and fully debated, examined, and considered. Now the matters and causes 
whereupon you are to consult are chiefly and principally three points. Of 
those the first is of well-making of laws, for the according and uniting of 
these people of the realm into an uniform order of religion, to the honour 
and glory of God, the establishing of the Church, and tranquillity of the 
realm. The second [is] for the reforming and removing of all enormities and 
mischiefs that might hurt or hinder the civil orders and policies of this 
realm. The third and last is advisedly and deeply to weigh and consider the 
estate and condition of this realm and the losses and decays that have 
happened of late to the imperial crown thereof; and therefore to advise the 
best remedies to supply and relieve the same...."

Whereupon, the knights, citizens, and burgesses, departing to their own 
house, did there take their several places; and, most remaining silent or 
speaking very submissively, Mr. Treasurer of the queen's house, standing up 
uncovered, did first put the house in remembrance of the lord keeper's late 
speech, and of his declaration of her majesty's pleasure, that they should 
choose a speaker. And therefore, in humble obedience to her majesty's said 
pleasure, seeing others remain silent, he thought it his duty to take that 
occasion to commend to their choice Sir Thomas Gargrave, knight, one of the 
honourable council in the north parts, a worthy member of the house, and 
learned in the laws of this realm; by which commendations of his, of the 
aforesaid worthy member of the house to their consideration, he said he did 
not intend to debar any other there present from uttering their free 
opinions and nominating any other whom they thought to be more fitting; and 
therefore desired them to make known their opinions. Who thereupon did with 
one consent and voice allow and approve of Mr. Treasurer's nomination, and 
elected the said Sir Thomas Gargrave to be the prolocutor or speaker of the 
said house.

The said Sir Thomas Gargrave, being thus elected speaker, after a good pause 
made, stood up uncovered; and, having in all humility disabled himself, as 
being unfurnished with that experience and other qualities which were 
required for the undertaking and undergoing of so great a charge, did 
conclude with an humble request to the house, to proceed to the new election 
of some other more able and worthy member amongst them. But, the house still 
calling upon him to take his place of Mr. Speaker, the before-mentioned Mr. 
Treasurer and Mr. Comptroller of her majesty's household ... did rise from 
their places and, going unto the said Sir Thomas Gargrave unto the place 
where he sat, did each of them take him, one by the right arm and the other 
by the left, and led him to the chair at the upper end of the house of 
commons, and there placed him. Where having sat a while covered, he arose 
and so, standing bare-headed, he returned his humble thanks unto the whole 
house for their good opinion of him, promising his best and uttermost 
endeavour for the faithful discharge of that weighty place to which they had 
elected him.

[28 January.] The knights, citizens, burgesses, and barons of the house of 
commons, having notice about one of the clock in the afternoon ... that her 
majesty, the lord keeper, and divers lords spiritual and temporal were set 
in the upper house expecting their attendance, they repaired immediately 
thither with Sir Thomas Gargrave, knight, their speaker elect.... The said 
Sir Thomas Gargrave was led up to the rail or bar at the lower end of the 
said house ... , where, after three reverences made to her majesty, he 
modestly and submissively excused himself as being unable to undergo the 
many and great difficulties of that place to which ... he had been 
chosen.... But, notwithstanding all these reasons and excuses according to 
the usual form ... , Sir Nicholas Bacon ... , by her majesty's commandment 
... , assured him of the queen's acceptance and admission of him....

Upon which speech of the lord keeper's, Sir Thomas Gargrave humbly 
submitting himself to the undergoing of the charge ... , made a discreet and 
submissive answer.... Then he proceeded to many hearty prayers and feeling 
expressions of the good success of the parliament.... And lastly he came, 
according to the usual form, first to desire liberty of access for the house 
of commons to the queen's majesty's presence upon all urgent and necessary 
occasions. Secondly ... , if in anything himself should mistake or misreport 
or over-slip that which should be committed unto him to declare, that it 
might, without prejudice to the house, be better declared, and that his 
unwilling miscarriage therein might be pardoned. Thirdly, that they might 
have liberty and freedom of speech in whatsoever they treated of, or had 
occasion to propound and debate in the house. The fourth and last, that all 
the members of the house, with their servants and necessary attendants, 
might be exempted from all manner of arrests and suits during the 
continuance of the parliament and the usual space, both before the beginning 
and after the ending thereof, as in former times hath always been 
accustomed....

To which speech of the said speaker the lord keeper, without any long 
pausing, replied again in manner and form following: ... "To these petitions 
the queen's majesty hath commanded me to say unto you that her highness is 
right well contented to grant them unto you, as largely, as amply, and as 
liberally as ever they were granted by any her noble progenitors; and to 
confirm the same with as great an authority. Marry, with these conditions 
and cautions: first, that your access be void of importunity, and for 
matters needful, and in time convenient; for the second, that your diligence 
and carefulness be such, Mr. Speaker, that the defaults in that part be as 
rare as may be, whereof her majesty doubteth little; for the third, which is 
for liberty of speech, therewith her highness is right well contented, but 
so as they be neither unmindful or uncareful of their duties, reverence, and 
obedience to their sovereign; for the last, great heed would be taken that 
no evil-disposed person seek of purpose that privilege for the only 
defrauding of his creditors and for the maintenance of injuries and wrongs. 
These admonitions being well remembered, her majesty thinketh all the said 
liberties and privileges well granted...."

                                  D'Ewes, Journal, pp. 11-40.

(B) Procedure on a Bill (1559)

[3 February.] ... The clerk of the said house, having read the title and the 
bill aforesaid, standing, kissing his hand, delivered the same, with a 
breviate containing the substance of the bill annexed unto it, unto the 
speaker; who thereupon, standing up uncovered and reading both the title and 
the breviate, said, "This is the second reading." And then, having paused a 
while, and ... none speaking against the bill, he put the question for the 
committing thereof, as followeth, vis.: "As many as do think fit this bill 
should be committed say Yea"; and after the affirmative voice given, "As 
many as shall think the contrary say No." And then ... the speaker, judging 
that the affirmative voice was the greatest, did put the house in mind to 
name committees. And thereupon every one of the house that listed did name 
such other members of the same, to be of the committee, as they thought 
fit.... And when a convenient number of the committees named were set down 
by the clerk, then did the speaker move the house to name the time and place 
when and where they should meet, which the clerk did also doubtless then 
take a note of, and did also (silence being made in the house) read out of 
that book or paper (in which he entered them) the committees' names, with 
the time and place of their meeting....

[7 February.] The clerk of the house, standing up, read the title and the 
bill aforesaid and, kissing his hand, delivered the same unto the speaker. 
Who, standing up uncovered, read again the title of the said bill and opened 
shortly the effects thereof, and then said, "This is the third reading of 
this bill"; and told them further that with their favour he would now put it 
to the question for the passing, but paused a while to see if any member of 
the house would speak unto it.... And whether any of the said house spake 
unto the said bill or not doth not appear. But the speaker, holding the bill 
in his hand, made the question for the passing of it in this sort, viz.: "As 
many as are of the mind that the bill shall pass say Yea." Which being 
answered accordingly by the house, or the greatest part of them, the bill 
passed; and so he delivered it again unto the clerk who, because the bill 
was originally begun and first passed in the house of commons, wrote within 
the said bill, on top of it towards the right hand, these words, vis.: Soit 
baillé aux seigneurs.[2]

                                             Ibid., pp. 44 f.

(C) Speech of the Lord Keeper on the Administration of Justice (1559)

... Is it not great fondness, trow you, for men to use their endeavours to 
make good laws to govern men's doings and to weed out those that be evil in 
the commonwealth, and thereupon to bind them fair in books, and to lay them 
up without seeing to the execution of those laws? Yes, surely. Wherefore ye 
see that, as there hath been used by you great wisdom and discretion in 
devising of some, so it is very necessary that like diligence and pains be 
taken by you and others to see the good execution of all. The effect of 
which charge consisteth principally in three points: the first in 
conservation of the queen's peace; the second in administration of justice 
between subject and subject; and the third in the observation of one uniform 
order in religion according to the laws now established.

For the first, ye are to foresee all manner of frays, forces, riots, and 
routs, and the discovering and repealing in time of all manner of 
conspiracies, confederacies, and conventicles. And in this part also you are 
to provide for the swift and speedy appeasing of all manner of tumults, 
stirs, and uproars, if any happen; and for the diligent searching out and 
severe punishment of all manner of felonies, burglaries, and all other like 
enormities — matters, as you know, against the queen's majesty's peace, 
crown, and dignity. For the well-doing whereof two things are chiefly to be 
eschewed: the one is slothfulness; the other is uncarefulness. For how can 
justice banish these enormities, where her ministers be so slothful that 
they will never creep out of their doors to any courts, sessions, or assizes 
for the due administration thereof, except they be drawn thereunto with some 
matters of their own; nor cannot endure to have their ears troubled with the 
hearing of controversies of their neighbours, for the good appeasing of the 
same? Or how can the uncareful man that maketh no account of any of the 
common causes of his country, but respecteth only his private matters and 
commodities, become a just and diligent searcher out, follower, and 
corrector of felonies, murders, and suchlike common enemies to the 
commonwealth? And yet true it is that such careless and slothful men do 
daily colour and cloak these their faults with the title of quietness....

For the second, you are to provide that all embracers, maintainers, and 
champerties,[3] which be utter enemies to the due execution of justice 
between subject and subject, be neither committed by any of you nor, as near 
as you can, be suffered to be committed by any other — a very behoveful 
matter to be both carefully and earnestly looked unto, as the root and seed 
of all justice, and especially if any of these faults light upon any person 
that hath authority or rule in the country or hath any office of justice to 
execute among the people. Is it not, trow you, a monstrous disguising to 
have a justicer a maintainer; to have him, that should by his oath and duty 
set forth justice and right, against his oath and duty to offer injury and 
wrong; to have him, that is specially chosen amongst a number by the prince 
to appease all brablings and controversies, to be a sower and maintainer of 
strife and sedition, amongst them seeking his reputation and opinion by 
leading and swaying of juries according to his will — acquitting some for 
gain, indicting others for malice; bearing with him as his servant, 
overthrowing the other as his enemy; procuring all questmongers to be of his 
livery, or otherwise in his danger, that his winks, frowning, and 
countenance may direct all inquests? Surely, surely, it is true that these 
be they that be subverters and perverters of all laws and orders; yea, that 
make daily the laws, that of their own nature be good, to become instruments 
of mischief. These indeed be they of whom such examples would be made and 
the founders and maintainers of all enormities. And these be those, whom if 
you cannot reform for their greatness, yet ought you to complain of their 
villainies. And thus much for the due administration of justice....

                                             Ibid., pp. 33 f.

(D) A Day's Business in the Commons (1563)

[8 March.] On Monday, the 8th day of March, three bills had each of them one 
reading; of which the first, being the bill that St. Katherine's Church 
shall be a parish church, and the second, for the repairing and mending of 
highways, were read the third time and passed the house, and were sent up to 
the lords by Mr. Comptroller. Mr. Attorney brought from the lords three 
bills, of which one was the bill for denizens' children. The bill also 
against the unlawful taking of fish, deer, or hawks was read the third time 
and passed. Post Meridiem. In the afternoon eight bills had each of them one 
reading; of which one was the bill for the subsidy of the clergy. Richard 
Parrott, gentleman, burgess for Sandwich, for his sickness was licensed to 
be absent.

                                               Ibid., p. 87.

(E) Procedure on a Request for Supply (1566)

[17 October.] ... Sir Edward Rogers, knight, comptroller of her majesty's 
household, moved the house to have consideration of the queen's majesty's 
late great and extraordinary expenses, to proportion out some supply 
accordingly. And thereupon Sir William Cecil, knight, her highness' 
principal secretary, made an excellent declaration of the queen's great 
charges in defending New Haven in France, in repairing and increasing the 
navy and munition, her charges also against John O'Neill in Ireland. And 
immediately thereupon all the privy council being members of this house, the 
master of the rolls, and forty others of the house, whose names are omitted 
through the negligence of the clerk, were nominated and appointed to 
consider of the rate and payment of some supply and aid to be given to her 
majesty, and ordered to meet to-morrow in the afternoon, in the star 
chamber.

                                              Ibid., p. 124.

(F) Debate on Freedom of Speech (1566)[4]

[9 November.] ... Sir Francis Knolles, knight, her majesty's vice-
chamberlain, declared the queen's majesty's express commands to this house 
that they should no further proceed in their suit, but to satisfy themselves 
with her highness' promise of marriage. After whom Mr. Secretary Cecil and 
Mr. Comptroller severally rehearsed the like matter....

[11 November.] ... Paul Wentworth, a burgess of the house, by way of motion 
desired to know whether the queen's command and inhibition, that they should 
no longer dispute of the matter of succession ... , were not against the 
liberties and privileges of the said house. And thereupon arose divers 
arguments, which continued from nine of the clock in the morning till two of 
the clock in the afternoon. But then, because the time was far spent, all 
further debate and reasoning was deferred until the next morning....

[12 November.] Mr. Speaker, being sent for to attend upon the queen's 
majesty at the court, about nine of the clock, sent word to the house where 
he was, requiring the house to have patience; and at his coming, after ten 
of the clock, began to show that he had received a special command from her 
highness to this house, notwithstanding her first commandment, that there 
should not be further talk of that matter in the house (touching the 
declaration of a successor, in case that her majesty should die without 
issue), and if any person thought himself not satisfied, but had further 
reasons, let him come before the privy council and there show them....

[25 November.] ... Mr. Speaker, coming from the queen's majesty, declared 
her highness' pleasure to be that, for her good will to the house, she did 
revoke her two former commandments, requiring the house no further to 
proceed at this time in the matter. Which revocation was taken of all the 
house most joyfully, with most hearty prayer and thanks for the same....

                                           Ibid., pp. 128-30.

(G) Speech of the Queen (1567)

[2 April.] ... Then the queen, standing up, said (after she had given her 
royal assent unto nineteen public acts, and thirteen private): "My lords and 
others the commons of this assembly, although the lord keeper hath, 
according to order, very well answered in my name, yet as a periphrasis I 
have a few words further to speak unto you, notwithstanding I have not been 
used nor love to do it in such open assemblies. Yet now, not to the end to 
amend his talk, but remembering that commonly princes' own words be better 
printed in the hearers' memory than those spoken by her command, I mean to 
say thus much unto you. I have in this assembly found so much dissimulation, 
where I always professed plainness, that I marvel thereat — yea, two faces 
under one hood (and the body rotten) being covered with two vizors, 
succession and liberty, which they determined must be either presently 
granted, denied, or deferred. In granting whereof, they had their desires; 
and denying or deferring thereof (those things being so plaudable as indeed 
to all men they are) they thought to work me that mischief which never 
foreign enemy could bring to pass, which is the hatred of my commons. But, 
alas, they began to pierce the vessel before the wine was fined; and began a 
thing, not foreseeing the end, how by this means I have seen my well-willers 
from mine enemies, and can, as me seemeth, very well divide the house into 
four: first, the broachers and workers thereof, who are in the greatest 
fault; secondly, the speakers, who by eloquent tales persuaded others, are 
in the next degree; thirdly, the agreers, who, being so light of credit that 
the eloquence of the tales so overcame them, that they gave more credit 
thereunto than unto their own wits; and lastly, those that sat still mute 
and meddled not therewith, but rather wondered, disallowing the matter, who 
in my opinion are most to be excused. "But do you think that either I am 
unmindful of your surety by succession, wherein is all my care, considering 
I know myself to be mortal? No, I warrant you. Or that I went about to break 
your liberties? No, it was never in my meaning; but to stay you before you 
fell into the ditch. For all things have their time. And although perhaps 
you may have after me one better learned or wiser; yet, I assure you, none 
more careful over you. And therefore henceforth, whether I live to see the 
like assembly or no, or whoever it be, yet beware however you prove your 
prince's patience, as you have now done mine. And now to conclude, all this 
notwithstanding (not meaning to make a Lent of Christmas), the most part of 
you may assure yourselves that you depart in your prince's grace." ...

                                            Ibid., pp. 116 f.

(H) Debate on Freedom of Speech (1571)

[20 April.] ... Mr. Wentworth, very orderly, in many words remembered the 
speech of Sir Humphrey Gilbert delivered some days before. He proved his 
speech (without naming him) to be an injury to the house; he noted his 
disposition to flatter and fawn on the prince, comparing him to the 
chameleon, which can change himself into all colours saving white. "Even 
so," said he, "this reporter can change himself to all fashions but 
honesty." He showed further the great wrong done to one of the house by a 
misreport made to the queen (meaning Mr. Bell); he showed his speech to tend 
to no other end than to inculcate fear into those which should be free. He 
requested care for the credit of the house and for the maintenance of free 
speech (the only means of ordinary proceedings), and to preserve the 
liberties of the house, to reprove liars, inveighing greatly out of the 
Scriptures and otherwise against liars — as this of David, "Thou, O Lord, 
shall destroy liars," etc.

Mr. Treasurer signified his desire to have all things well, saying he could 
not enter into judgment of any; but he said it was convenient ill speeches 
should be avoided, and the good meaning of all men to be taken, without 
wresting or misreporting, and the meaning of all men to be showed in good 
sort without unseemly words.

Mr. Speaker endeavoured an agreement and unity in the house, making 
signification that the queen's majesty had in plain words declared unto him 
that she had good intelligence of the orderly proceeding among us; whereof 
she had as good liking as ever she had of any parliament since she came unto 
the crown, and wished we should give her no other cause than to continue the 
same; and added further her majesty's pleasure to be to take order for 
licences, wherein she had been careful, and more careful would be.

Mr. Carleton, with a very good zeal and orderly show of obedience, made 
signification how that a member of the house was detained from them (meaning 
Mr. Strickland), by whose commandment or for what cause he knew not. But 
forasmuch as he was not now a private man, but to supply the room, person, 
and place of a multitude specially chosen and therefore sent, he thought 
that neither in regard of the country, which was not to be wronged, nor for 
the liberty of the house, which was not to be infringed, we should permit 
him to be detained from us; but, whatsoever the intendment of this offence 
might be, that he should be sent for to the bar of that house, there to be 
heard, and there to answer.

Mr. Treasurer in some case gave advertisement to be wary in our proceedings, 
and neither to venture further than our assured warrant might stretch nor to 
hazard our good opinion with her majesty on any doubtful cause. Withal, he 
wished us not to think worse than there was cause. "For the man," quoth he, 
"that is meant is neither detained nor misused; but on considerations is 
required to expect the queen's pleasure upon certain special points" — 
wherein he said he durst to assure that the man should neither have cause to 
dislike or complain, since so much favour was meant unto him as he 
reasonably could wish. He further said that he was in no sort stayed for any 
word or speech by him in that place offered, but for the exhibiting of a 
bill into the house against the prerogative of the queen; which was not to 
be tolerated. Nevertheless, the construction of him was rather to have erred 
in his zeal and bill offered than maliciously to have meant anything 
contrary to the dignity royal. And lastly, he concluded that oft it had been 
seen that speeches have been examined and considered of....

                                              Ibid., p. 175.

(I) Intervention by the Queen (1572)

[22 May.] ... Upon declaration made unto this house by Mr. Speaker from the 
queen's majesty, that her highness' pleasure is that from henceforth no 
bills concerning religion shall be preferred or received into this house, 
unless the same should be first considered and liked by the clergy; and 
further, that her majesty's pleasure is to see the two last bills read in 
this house touching rites and ceremonies: it is ordered by the house that 
the same bills shall be delivered unto her majesty by all the privy council 
that are of this house, Mr. Heneage, and Mr. Doctor Wilson, master of the 
requests, or by any four of them....

[23 May.] Mr. Treasurer reported to the house the delivery of the two bills 
of rites and ceremonies to her majesty, together with the humble request of 
this house, most humbly to beseech her highness not to conceive ill opinion 
of this house if it so were that her majesty should not like well of the 
said bills, or of the parties that preferred them; and declared further that 
her majesty seemed utterly to mislike of the first bill, and of him that 
brought the same into the house, and that her highness' express will and 
pleasure was that no preacher or minister should be impeached or indicted, 
or otherwise molested or troubled, as the preamble of the said bill did 
purport; adding these comfortable words farther, that her majesty, as 
defender of the faith, will aid and maintain all good Protestants to the 
discouraging of all Papists....

                                             Ibid., p. 213 f.

(J) The Case of Peter Wentworth (1576)[5]

[8 February.] ... Peter Wentworth, esquire, one of the burgesses for the 
borough of Tregony in the county of Cornwall, was, for unreverent and 
undutiful words uttered by him in this house of our sovereign lady the 
queen's majesty, sequestered, that the house might proceed to conference and 
consideration of his said speech [which in part follows]: — 

"Mr. Speaker, I find written in a little volume these words in effect: 
'Sweet is the name of liberty, but the thing itself a value beyond all 
inestimable treasure.' So much the more it behooveth us to take care lest 
we, contenting ourselves with the sweetness of the name, lose and forgo the 
thing, being of greatest value that can come unto this noble realm. The 
inestimable treasure is the use of it in this house....

"I was never of parliament but the last, and the last session [of this 
parliament]; at both which times I saw the liberty of free speech, the which 
is the only salve to heal all the sores of this commonwealth, so much and so 
many ways infringed, and so many abuses offered to this honourable council, 
as hath much grieved me even of very conscience and love to my prince and 
state. Wherefore, to avoid the like, I do think it expedient to open the 
commodities that grow to the prince and whole state by free speech used in 
this place — at the least so much as my simple wit can gather of it, the 
which is very little in respect of that that wise heads can say therein; and 
so it is of the more force.

"First, all matters that concern God's honour through free speech, shall be 
propagated here and set forward, and all things that do hinder it removed, 
repulsed, and taken away.

"Next, there is nothing commodious, profitable, or any way beneficial for 
the prince or state, but faithful and loving subjects will offer it in this 
place.

"Thirdly, all things discommodious, perilous, or hurtful to the prince or 
state shall be prevented — even so much as seemeth good to our merciful God 
to put into our minds, the which no doubt shall be sufficient if we do 
earnestly call upon Him and fear Him; for Solomon saith, 'The fear of God is 
the beginning of wisdom.' Wisdom, saith he, breatheth life into her 
children, receiveth them that seek her, and will go beside them in the way 
of righteousness; so that our minds shall be directed to all good, needful, 
and necessary things, if we call upon God with faithful hearts.

"Fourthly, if the envious do offer anything hurtful or perilous to the 
prince or state in this place, what incommodity doth grow thereby? Verily I 
think none. Nay, will you have me to say my simple opinion therein, much 
good cometh thereof. How forsooth? For by the darkness of the night the 
brightness of the sun showeth more excellent and clear. And how can truth 
appear and conquer until falsehood and all subtleties that should shadow and 
darken it be found out? For it is offered in this place a piece of fine 
needlework unto them that are most skilful therein; for there cannot be a 
false stitch (God aiding us) but will be found out.

"Fifthly, this good cometh thereof: a wicked purpose may the easier be 
prevented when it is known.

"Sixthly, an evil man can do the less harm when it is known. "Seventhly, 
sometime it happeneth that a good man will in this place (for argument sake) 
prefer an evil cause, both for that he would have a doubtful truth to be 
opened and manifested, and also the evil prevented; so that to this point I 
conclude that in this house, which is termed a place of free speech, there 
is nothing so necessary for the preservation of the prince and state as free 
speech. And without, it is a scorn and mockery to call it a parliament 
house; for in truth it is none, but a very school of flattery and 
dissimulation, and so a fit place to serve the devil and his angels in, and 
not to glorify God and benefit the commonwealth....

"Now to the impediments thereof.... Amongst other, Mr. Speaker, two things 
do great hurt in this place, of the which I do mean to speak. The one is a 
rumour which runneth about the house, and this it is: 'Take heed what you 
do; the queen's majesty liketh not such a matter; whosoever prefereth it, 
she will be offended with him' — (or the contrary) 'Her majesty liketh of 
such a matter; whosoever speaketh against it she will be much offended with 
him.' The other: sometimes a message is brought into the house either of 
commanding or inhibiting, very injurious to the freedom of speech and 
consultation. I would to God, Mr. Speaker, that these two were buried in 
hell — I mean rumours and messages; for wicked undoubtedly they are. The 
reason is the devil was the first author of them, from whom proceedeth 
nothing but wickedness. Now I will set down reasons to prove them wicked....

"The queen's majesty is the head of the law and must of necessity maintain 
the law; for by the law her majesty is made justly our queen and by it she 
is most chiefly maintained. Hereunto agreeth the most excellent words of 
Bracton, who saith, 'The king hath no peer nor equal in his kingdom.' He 
hath no equal, for otherwise he might lose his authority of commanding, 
sithence that an equal hath no rule of commandment over his equal. The king 
ought not to be under man, but under God and under the law, because the law 
maketh him a king. Let the king therefore attribute that to the law which 
the law attributeth unto him: that is, dominion and power; for he is not a 
king in whom will and not the law doth rule. And therefore he ought to be 
under the law...."

Upon this speech, the house, out of a reverend regard of her majesty's 
honour, stopped his further proceeding before he had fully finished his 
speech.... Mr. Wentworth being sequestered the house as aforesaid for his 
said speech, it was agreed and ordered by the house upon the question, after 
sundry motions and disputations had therein, that he should presently be 
committed to the serjeant's ward as prisoner and, so remaining, should be 
examined upon his said speech, for the extenuating of his fault therein, by 
all the privy council being of this house, the master of the requests, the 
captain of the guard, Mr. Treasurer of the Chamber, the master of the 
jewelhouse, the master of the wardrobe, Mr. Lieutenant of the Tower, Sir 
Thomas Scott, Sir Rowland Hayward, Mr. Attorney of the Duchy, Mr. Henry 
Knolles the elder, Mr. Sampoole, Mr. Randall, Mr. Birched, Mr. Marsh — who 
were appointed to meet this afternoon between two and three of the clock at 
the star chamber, and to make report at this house to-morrow next....,

Committee ...: "Here you have uttered certain rumours of the queen's 
majesty. Where and of whom heard you them?"

Wentworth: "If your honours ask me as councillors to her majesty, you shall 
pardon me: I will make you no answer. I will do no such injury to the place 
from whence I came; for I am now no private person. I am a public, and a 
councillor to the whole state in that place where it is lawful for me to 
speak my mind freely, and not for you as councillors to call me to account 
for anything that I do speak in the house. And therefore, if you ask me as 
councillors to her majesty, you shall pardon me: I will make no answer. But 
if you ask me as committees from the house, I will make you the best answer 
I can."

Committee: "We ask you as committees from the house."

Wentworth: "I will then answer you...."

[9 February.] This day Mr. Treasurer, in the name of all the committees 
yesterday appointed for the examination of Peter Wentworth, burgess for 
Tregony, declared that all the said committees did meet yesterday in the 
afternoon in the star chamber according to their commission; and there, 
examining the said Peter Wentworth touching the violent and wicked words 
yesterday pronounced by him in this house touching the queen's majesty, made 
a collection of the same words, which words, so collected, the said Peter 
Wentworth did acknowledge and confess. And then did the said Mr. Treasurer 
read unto the house the said note of collection. Which being read, he 
declared further that the said Peter Wentworth, being examined what he could 
say for the extenuating of his said fault and offence, could neither say 
anything at all to that purpose, neither yet did charge any other person as 
author of his said speech; but did take all the burden thereof unto himself. 
And so the said Mr. Treasurer thereupon moved for his punishment and 
imprisonment in the Tower as the house should think good and consider of. 
Whereupon, after sundry disputations and speeches, it was ordered upon the 
question that the said Peter Wentworth should be committed close prisoner to 
the Tower for his said offence, there to remain until such time as this 
house should have further consideration of him. And thereupon, immediately, 
the said Peter Wentworth, being brought to the bar by the serjeant, received 
his said judgment accordingly by the mouth of Mr. Speaker in form above-
recited. And so Mr. Lieutenant of the Tower was presently charged with the 
custody of the said Peter Wentworth. But the said Peter Wentworth was 
shortly, by the queen's special favour, restored again to his liberty and 
place in the house....

                                           Ibid., pp. 236-44.

(K) The Case of Arthur Hall (1581)[6]

[4 February.] ... Upon a motion made to this house by Mr. Norton, in which 
he declared that some person of late had caused a book to be set forth in 
print (not only greatly reproachful against some particular good members of 
this house of great credit, but also very much slanderous and derogatory to 
the general authority, power, and state of this house, and prejudicial to 
the validity of the proceedings of the same in making and establishing of 
laws: charging this house with drunkenness, as accompanied in their councils 
with Bacchus; and then also with choler, as those which had never failed to 
Anticyra; and the proceedings of this house to be opera tenebrarum) and 
further that, by the circumstance of the residue of the discourse of the 
said book, he conjectured the same to be done and procured by Mr. Arthur 
Hall, one of this house; and so prayed thereupon the said Mr. Hall might be 
called by this house to answer, and the matter further to be duly examined 
as the weight thereof, in due consideration of the gravity and wisdom of 
this house and of the authority, state, and liberty of the same, requireth: 
it is resolved that the said Mr. Hall be forthwith sent for by the serjeant-
at-arms attending upon this house, to make his appearance here in that 
behalf accordingly.

And then immediately Mr. Secretary Wilson did thereupon signify unto this 
house that the said Mr. Hall had, upon his examination therein before the 
lords of the council, heretofore confessed in the hearing of the said Mr. 
Secretary that he did cause the said book to be printed indeed. Upon 
relation whereof, and after some speech then also uttered unto this house by 
Mr. Chancellor of the Exchequer, of the dangerous and lewd contents of the 
book, the serjeant was forthwith, by order of this house, sent to apprehend 
the said Arthur Hall, and presently assisted for that purpose with Sir 
Thomas Scott and Sir Thomas Browne, by the appointment of this house....

[14 February.] Mr. Vice-Chamberlain, for himself and the residue of the 
committees appointed to examine Mr. Hall, the printer, the scrivener, and 
all other persons privy to the setting forth and publishing of the book, 
declared that they had charged the said Mr. Hall with contempt against this 
house the last session.... Unto all which things ... the said Mr. Hall could 
make no reasonable answer or denial....

Mr. Hall was brought to the bar, where, after some reverence done by him 
(though not yet in such humble and lowly wise as the state of one in that 
place to be charged and accused requireth), whereof being admonished by Mr. 
Speaker and further by him charged with sundry of the said parts collected 
out of the said book, he submitted himself to the house, refusing to make 
any answer or defence at all in the matter; but, acknowledging his error, 
prayed pardon of the whole house with all his heart; and, that done, was 
sequestered.

After which, upon sundry motions and arguments had touching the quality and 
nature of his faults, and of some proportionable forms of punishment for the 
same (as imprisonment, fine, banishment from the fellowship of this house, 
and an utter condemnation and retraction of the said book), it was upon the 
question resolved by the whole house, without any one negative voice, that 
he should be committed to prison. And upon another question [it was] 
likewise resolved that he should be committed to the prison of the Tower, as 
the prison proper to this house. And upon another question it was in like 
manner resolved that he should remain in the said prison of the Tower by the 
space of six months, and so much longer as until himself should willingly 
make a retractation of the said book to the satisfaction of this house, or 
of such order as this house shall take for the same during the continuance 
of this present parliament. And upon another question it was also in like 
manner resolved that a fine should be assessed by this house, to the queen's 
majesty's use, upon the said Mr. Hall for his said offence. And upon another 
question it was also resolved in like manner that the said fine should be 
500m. And upon another question also it was likewise resolved that the said 
Mr. Hall should presently be severed and cut off from being a member of this 
house any more during the continuance of this present parliament; and that 
Mr. Speaker, by authority of this house, should direct a warrant from this 
house to the clerk of the crown-office in the chancery for awarding of the 
queen's majesty's writ to the sheriff of the said county of Lincoln, for a 
new burgess to be returned into this present parliament for the said borough 
of Grantham in lieu and stead of the said Arthur Hall, so as before disabled 
any longer to be a member of this house....

                                            Ibid., pp. 291 f.

(L) Peter Wentworth's Questions on Free Speech (1587)

On Wednesday, the first day of March, Mr. Wentworth delivered unto Mr. 
Speaker certain articles which contained questions touching the liberties of 
the house ...: — 

Whether this council be not a place for any member of the same here 
assembled, freely and without controlment of any person or danger of laws, 
by bill or speech to utter any of the griefs of this commonwealth whatsoever 
touching the service of God, the safety of the prince, and this noble realm. 
Whether that great honour may be done unto God, and benefit and service unto 
the prince and state without free speech in this council which may be done 
with it. Whether there be any council which can make, add to, or diminish 
from the laws of the realm, but only this council of parliament. Whether it 
be not against the orders of this council to make any secret or matter of 
weight, which is here in hand, known to the prince or any other, concerning 
the high service of God, prince, or state, without the consent of the house. 
Whether the speaker or any other may interrupt any member of this council in 
his speech used in this house, tending to any of the forenamed high 
services. Whether the speaker may rise when he will, any matter being 
propounded, without consent of the house or not. Whether the speaker may 
overrule the house in any matter or cause there in question, or whether he 
is to be ruled or overruled in any matter or not. Whether the prince and 
state can continue, stand, and be maintained without this council of 
parliament, not altering the government of the state.

At the end, lastly, of the said speech and questions is set down this short 
note or memorial ensuing; by which it may be perceived both what Serjeant 
Puckering, the speaker, did with the said questions after he had received 
them, and what became also of this business.... These questions Mr. 
Puckering pocketed up and showed Sir Thomas Heneage, who so handled the 
matter that Mr. Wentworth went to the Tower and the questions [were] not at 
all moved....

                                              Ibid., p. 411.

(M) Speech of the Lord Keeper on the Privileges of the Commons (1593)

... Her gracious majesty is well pleased to grant them so far as they be 
grantable. She saith there be two things in a man most behoveful if they be 
well used, and most deadly if they be ill used: wit and tongue, they are 
those. They be most happy possessions and needful helps, and all as they be 
placed. Having therefore especial care that that may never hurt you, which 
she by her grant doth yield you, she wills you take good heed in what sort 
she permits it. She would be sorry that folly past should by new redouble 
the faults, and chargeth you, Mr. Speaker, if any shall deliver to you any 
bill that passeth the reach of a subject's brain to mention, that same you 
receive not, but with purpose to show it where it best becometh you. Next, 
if any speech undecent or matter unfit for that place be used, remember them 
of this lesson: your petitions ... must be ruled, and that thus her majesty 
granteth you liberal but not licentious speech; liberty therefore, but with 
due limitation. For even as there can be no good consultation where all 
freedom of advice is barred, so will there be no good conclusion where every 
man speak what he listeth, without fit observation of persons, matters, 
times, places, and other needful circumstances. It shall be meet, therefore, 
that each man of you contain his speech within the bounds of loyalty and 
good discretion, being assured that, as the contrary is punishable in all 
men, so most of all in them that take upon them to be counsellors and 
procurators of the commonwealth. For liberty of speech her majesty 
commandeth me to tell you that, to say yea or no to bills, God forbid that 
any man should be restrained or afraid to answer according to his best 
liking, with some short declaration of his reason therein, and therein to 
have a free voice, which is the very true liberty of the house; not, as some 
suppose, to speak there of all causes as him listeth, and to frame a form of 
religion or a state of government as to their idle brains shall seem 
meetest. She saith no king fit for his state will suffer such absurdities; 
and, though she hopeth no man here longeth so much for his ruin as that he 
mindeth to make such a peril to his own safety, yet, that you may better 
follow what she wisheth, she makes of her goodness you the partakers of her 
intent and meaning.

                          English Historical Review, XXXI, 136.

(N) Speech of Serjeant Heyle (1601)

[9 November.] ... Then Serjeant Heyle stood up and made a motion, saying: 
"Mr. Speaker, I marvel much that the house will stand upon granting of a 
subsidy, or the time of payment, when all we have is her majesty's; and she 
may lawfully at her pleasure take it from us. Yea, she hath as much right to 
all our lands and goods as to any revenue of her crown." At which all the 
house hemmed and laughed and talked. "Well," quoth Serjeant Heyle, "all your 
hemming shall not put me out of countenance." So Mr. Speaker stood up and 
said, "It is a great disorder that this should be used; for it is the 
ancient use of every man to be silent when any one speaketh, and he that is 
speaking should be suffered to deliver his mind without interruption." So 
the said serjeant proceeded and, when he had spoken a little while, the 
house hemmed again; and so he sat down. In his latter speech he said he 
could prove his former position by precedent in the times of Henry III, King 
John, King Stephen; which was the occasion of their hemming....

                                     D'Ewes, Journal, p. 633.

(O) Speeches by Sir Robert Cecil (1601)

[24 November.] ... Upon some loud confusion in the house touching some 
private murmur of monopolies, Mr. Secretary Cecil said: "The duty I owe and 
the zeal to extinguish monopolies makes me to speak now, and to satisfy 
their opinions that think there shall be no redress of these monopolies. 
Order is attended with these two handmaids, gravity and zeal; but zeal with 
discretion. I have been (though unworthy) a member of this house in six or 
seven parliaments; yet never did I see the house in so great confusion. I 
believe there never was in any parliament a more tender point handled than 
the liberty of the subject; that, when any is discussing this point, he 
should be cried and coughed down — this is more fit for a grammar school 
than a court of parliament. I have been a councillor of state this twelve 
years; yet did I never know it subject to construction of levity and 
disorder. Much more ought we to be regardful in so great and grave an 
assembly. Why, we have had speeches upon speeches, without either order or 
discretion. One would have had us proceed by bill and see if the queen would 
have denied it; another, that the patents should be brought here before us 
and cancelled — and this were bravely done! Others would have us to proceed 
by way of petition, which course doubtless is best; but for the first, and 
especially for the second, it is so ridiculous, that I think we should have 
as bad success as the devil himself would have wished in so good a cause. 
Why, if idle courses had been followed, we should have gone forsooth to the 
queen with a petition to have repealed a patent of monopoly of tobacco pipes 
(which Mr. Wingfield's note had) and I know not how many conceits. But I 
wish every man to rest satisfied till the committees have brought in their 
resolutions according to your commandments." ...

[25 November.] ... Mr. Secretary Cecil stood up and said: "I fear we are not 
secret within ourselves. Then must I needs give you this for a future 
caution: that whatsoever is subject to public expectation cannot be good, 
while the parliament matters are ordinary talk in the street. I have heard 
myself, being in my coach, these words spoken aloud: 'God prosper those that 
further the overthrow of these monopolies! God send the prerogative touch 
not our liberty!' I will not wrong any so much as to imagine he was of this 
assembly. Yet let me give you this note: that the time was never more apt to 
disorder and make ill interpretation of good meaning. I think those persons 
would be glad that all sovereignty were converted into popularity. We, being 
here, are but the popular branch, and our liberty [is] the liberty of the 
subject. And the world is apt to slander most especially the ministers of 
government...."

                                         Ibid., pp. 651, 653.

(P) Speech of the Queen (1601)

[30 November.] In the afternoon, about three of the clock, some sevenscore 
of the house met at the great chamber before the council chamber in 
Whitehall. At length the queen came into the council chamber where, sitting 
under the cloth of state at the upper end, the speaker with all the company 
came in and, after three low reverences made, he spake to this effect.... 
And, after three low reverences made, he with the rest kneeled down, and her 
majesty began thus to answer herself, vis.: "Mr. Speaker, we have heard your 
declaration and perceive your care of our state by falling into the 
consideration of a grateful acknowledgment of such benefits as you have 
received; and that your coming is to present thanks unto us, which I accept 
with no less joy than your loves can have desire to offer such a present. I 
do assure you that there is no prince that loveth his subjects better, or 
whose love can countervail our love. There is no jewel, be it of never so 
rich a prize, which I prefer before this jewel; I mean your love. For I do 
more esteem it than any treasure or riches; for that we know how to prize, 
but love and thanks I count inestimable. And though God hath raised me high, 
yet this I count the glory of my crown, that I have reigned with your loves. 
This makes me that I do not so much rejoice that God hath made me to be a 
queen, as to be a queen over so thankful a people. Therefore I have cause to 
wish nothing more than to content the subject, and that is a duty which I 
owe. Neither do I desire to live longer days than that I may see your 
prosperity, and that's my only desire. And as I am that person that still, 
yet under God, hath delivered you, so I trust, by the almighty power of God, 
that I still shall be His instrument to preserve you from envy, peril, 
dishonour, shame, tyranny, and oppression; partly by means of your intended 
helps, which we take very acceptably, because it manifesteth the largeness 
of your loves and loyalties unto your sovereign. Of myself I must say this: 
I never was any greedy, scraping grasper, nor a strait fast-holding prince, 
nor yet a waster. My heart was never set on worldly goods, but only for my 
subjects' good. What you do bestow on me, I will not hoard it up, but 
receive it to bestow on you again. Yea, mine own properties I count yours to 
be expended for your good. Therefore render unto them from me I beseech you, 
Mr. Speaker, such thanks as you imagine my heart yieldeth, but my tongue 
cannot express."

Note that all this while they kneeled. Whereupon her majesty said, "Mr. 
Speaker, I would wish you and the rest to stand up, for I shall yet trouble 
you with longer speech." So they all stood up and she went on in her speech, 
saying: "... I know the title of a king is a glorious title; but assure 
yourself that the shining glory of princely authority hath not so dazzled 
the eyes of our understanding but that we will know and remember that we 
also are to yield an account of our actions before the Great Judge. To be a 
king and wear a crown is more glorious to them that see it, than it is 
pleasure to them that bear it. For myself, I was never so much enticed with 
the glorious name of a king, or royal authority of a queen, as delighted 
that God hath made me this instrument to maintain His truth and glory, and 
to defend this kingdom, as I said, from peril, dishonour, tyranny, and 
oppression. There will never queen sit in my seat with more zeal to my 
country, care to my subjects, and that will sooner with willingness yield 
and venture her life for your good and safety than myself. And though you 
have had and may have many princes more mighty and wise sitting in this 
seat, yet you never had or shall have any that will be more careful and 
loving.... And so I commit you all to your best fortunes and further 
counsels. And I pray you, Mr. Comptroller, Mr. Secretary, and you of my 
council, that, before these gentlemen depart into their countries, you bring 
them all to kiss my hand."

                                            Ibid., pp. 659 f.



[1] The following extracts are taken from the journals of the two houses as 
edited by Sir Simonds D'Ewes. For the sake of preserving the chronological 
order, a section from the commons' journal is here inserted between two 
sections of the lords' journal.

[2] Let it be delivered to the lords.

[3] A champertor was a man who supported a litigant for a share in the 
proceeds of the suit.

[4] See J. E. Neale, "The Commons' Privilege of Free Speech in Parliament," 
in Tudor Studies, pp. 257 f.

[5] See J. E. Neale, "Peter Wentworth," in the English Historical Review, 
XXXIX, 36 f., 175 f.

[6] See H. Wright, Arthur Hall.