Journal of the House of Lords: Volume 2, 1578-1614. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, videlicet, 29 Martii:
Drummond's Naturalization. Exped.
Bills from H. C.
Maxwell's &c. Naturalization.
Report from the Conference concerning Tenures and Wardships.
The Lord Chancellor declared generally, That, at the last Conference with the Lower House, it was, by them of that House, opened to the Lords Committees, how far they had proceeded in the Matter of Tenures, and the Dependants thereon; and, upon his Lordship's Motion in that Behalf, the Lord Treasurer was requested by the House to report the same in particular; which his Lordship did accordingly, to this Effect: videlicet,
"That, by Mr. Recorder, from the Lower House, at the last Meeting, it was declared, That Ease and Commodity had led the Commons to seek this Matter of Tenures, and the Dependants; that Loyalty and Love caused them therein to take the Course they had done; that, having received the King's Answer, which was a Licence to treat of that Business, they departed joyful in their Hearts, like the Men of Emmaus.
"And, in their Proceeding, he delivered Four Things considerable: videlicet, 1. What they desire; 2. What they would offer; 3. How they would levy it; 4. How they may have Security for that they seek.
"Further he declared, That of the Two First, they had determined in this Sort: videlicet, That the Knights Service generally might be turned into Free and Common Socage. The Particulars he desired to be licensed to read out of his Paper; the rather, for that the Party whom the Nether House used at the said Conference did the like; and, with good Approbation, he did so. The said Particulars are entered in the next Side of this Leaf, ad hoc Signum (**).
"For all which they offer to the King an Hundred Thousand Pounds yearly, wherein they do include all the Esse and the Posse, which the King ever had of the Matters afore desired to be compounded for."
The whole House to meet as a Committee on that Business.
Resolved, That, to the End the House may examine every Particular so desired, and the several Values, and thereupon consider accordingly of the Offer, and so be the better prepared to take further Course of Proceeding with the Lower House; the whole House should meet as a Committee, and, hac vice, to sit in Order, as at other Times of Sitting; and to treat and confer by way of Interlocution, no Man to be barred or stopped by once Speaking, but to speak oftener, as Occasion should require; and, for that Purpose, the Lords to meet on Saturday Morning, at Eight of the Clock, as in the House, and to read Bills until Nine of the Clock, or some such convenient Time, and then to proceed as aforesaid, by way of Committee.
|(**). Concerning the Person these:||Grand Serjeanty, Petty Serjeanty.||In Grand Serjeanty, though the Tenure were taken away, yet the Service of Honour to be saved; wherein the Tenures, per Baroniam, as it may concern Bishops and Barons, or Men in Parliament, to be considered.|
|In certain Escuage taken away, and fined by Parliament, not by the King.||Escuage, Castle Guard.||
Escuage, both certain and uncertain, to be taken away.
Castleguard, that refred in (fn. 1) Kent, that to be saved.
|All Knights Services generally.||Knights Services, both of King and Common Person, to be taken away. The Rents and Annual Services to be saved.|
|Both these to be taken away, only the Coronation Homage to be saved, not in respect of Tenure, but of Honour.|
|Fealty.||The Form of doing Fealty; this not yet resolved of. Note, that Copy-holders, Tenants for Life and Years.|
Wardship of Body,
|Both these taken away.|
Respite of Homage.
Respite of Fealty.
|Both these taken away.|
|Wardship and Custody of Lands.||In this to be cared, that the Prochein amy have not Power, but either the Father to dispose of it, or to be ordered by a Court of Orphans to be erected.|
|Primier Seizin.||To cease.|
Ouster le Mayne.
|To be taken away, so far as they concern Tenures, or Seizure by reason of Tenures, other than Escheats.|
|Licence of Alienation upon Fines, Feoffments, Writs of Entry, and other Conveyances.|
Pardon of Alienation,
Diem clausit extremum,
Quæ plura devenerunt,
Also all concealed Wards de future,
All Alienations past,
All Bonds and Covenants for Performance of what tends to Knight's Service,
Offices post Mortem,
Inquisitions ex Officio,
Except for Escheats.
All these to be determined.
All Wards now in being, or found by Office, or within Three Years from the Death of the Ancestor past, shall be found.
These to be saved.
Upon Knights Service to cease, And Patentees that pay a Sum in gross, Or pay Tenths, Or Fee Farms.
These not to double their Rents, upon a Relief to be paid.
|Escheates, Heriots, Suit of Court Rents, Work-days, and such Services.||These all to remain.|
|Aids to the King to remain.||But limited in certain to 25000 lib. cum acciderit.|
|Aid to Common Persons.||To cease.|