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 Lunæ, videlicet, 23 Julii:
p. Archiepus. Cant.
p. Archiepus. Ebor.
p. Epus. London.
p. Epus. Duresme.
p. Epus. Carliol.
p. Epus. Peterburgh.
p. Epus. Norwicen.
p. Epus. Oxon.
p. Epus. (fn. 1) Cestren.
p. Epus. Lincoln.
Epus. Bathon et Wellen.
p. Epus. Roffen.
p. Epus. Cicestren.
p. Ds. Ellesmere, Cancellar. Angliæ.
p. Comes Salisburiæ, Mag. Thesaur. Angliæ.
p. Comes North'ton, Ds. Custos Privati Sigilli.
p. Comes Nottingham, Mag. Admirallus et Senescallus.
p. Comes Suffolk, Camerar. Hospitii Regis.
p. Comes Salopp.
p. Comes Wigorn.
p. Comes Cumbriæ.
p. Comes Sussex.
p. Comes South'ton.
p. Comes Pembrook.
p. Comes Hertford.
p. Comes Exon.
p. Comes Mountgomery.
p. Vicecomes Lisle.
p. Ds. Zouch.
p. Ds. Willughby de Eresby.
p. Ds. Dudley.
Ds. Darcy de Menell.
p. Ds. Mountegle.
Ds. Willughby de Parham.
p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. Darcy de Chich.
Ds. Howard de Effingham.
p. Ds. North.
p. Ds. Hunsdon.
p. Ds. St. John.
p. Ds. Howard de Walden.
p. Ds. Knowllys.
p. Ds. Wootton.
p. Ds. Petre.
p. Ds. Danvers.
p. Ds. Saye.
p. Ds. Denny.
p. Ds. Stanhope.
p. Ds. Cavendish.
p. Ds. Knyvett.
Act of Grace, and Administration of the Oath of Allegiance and Reformation of Married Women Recusants.
THE Bill for the King's Majesty's most Gracious, General, and Free Pardon, and the Bill for administring the Oath of Allegiance, and Reformation of Married Women Recusants, were this Day sent down to the Lower House, by Mr. Dr. Hone and Mr. Dr. Amy: videlicet, the Latter of the said Two Bills for their Consideration of certain Amendments and Alterations made by the Lords.
Report from the Conference concerning the Contract with the King.
The Lord Treasurer reported, very aptly and significantly, the full Effect of the last Conference had with the Committees of the Lower House on Saturday last, concerning the great Contract with His Majesty, which had been in Consideration, and often debated, both severally in each House, and together by select Committees of both Houses. His Lordship further shewed, that the Lower House, at the said last Conference, delivered to the Lords Committees a Memorial, by them set down in Writing, containing the Effect and material Points of the same Contract, as they conceived to be according to former Agreement in that Behalf; and Time not admitting such further Examination and Debate thereof as in a Matter of that great Moment were fit and requisite, therefore his Lordship moved, That, by Agreement of their Lordships, some such Memorial may be here conceived, touching the Premises, as may stand with the Judgement of this House, and the same to be entered in the Journal Book; and, First, his Lordship wished, that the Memorial, delivered as aforesaid by the Committees of the Lower House, may now be openly read, and considered of, as the Straitness of the present Time may permit; which Motion was generally allowed, and the said Memorial so delivered by the Lower House was thereupon read. The Draught likewise of a Memorial conceived by his Lordship, as fit to be made by the Lords, concerning their Agreement unto the said great Contract, was also openly read, and approved by all the Lords; and thereupon it was Ordered, That both the aforesaid Memorials, videlicet, as well that which was presented by the Committees of the Lower House, as the latter of the Agreement of their Lordships, should be entered in the Journal Book of this House; which afterwards are here registered, and set down, ad verbum.
Bill from H. C.
Hodie allata est a Domo Communi, presented by Mr. Chancellor and others:
An Act for administering the Oath of Allegiance, and Reformation of Married Women Recusants. Returned, with the Consent of the Lower House unto certain Amendments and Alterations made by the Lords.
Message from thence, that Sir Stephen Proctor may be exempted from the Act of Grace, and for Conference concerning him.
Message from the Lower House, by Mr. Solicitor and others:
That the Knights, Citizens, and Burgesses of the Commons House, do desire, That Sir Stephen Proctor may be particularly exempted out of the General Pardon; and further, that, touching the whole Cause and Bill concerning the said Proctor, the Knights, Citizens, and Burgesses aforesaid, do move their Lordships, That they will be pleased presently to confer with certain Committees of that House, in such Place as their Lordships shall appoint.
That the Lords will, by their Committees, to the Number of Twelve, give Meeting to a convenient Number of that House forthwith, in the Painted Chamber.
Committee for the Conference concerning Sir Stephen Proctor.
Committees for the Conference concerning Sir Stephen Proctor: videlicet,
L. Archbp. of Cant.
L. Archbp. of Yorke.
L. Privy Seal.
L. Bp. of London.
L. St. John.
Report from the Conference.
The Lord Treasurer reported the Effect of that which, at the Conference last above-mentioned, had passed; First, That the Lower House, by their Committees, expressed the Comfort, which they took in the Concurrence which the Lords held with them in the last Conference before: Then they delivered divers Matters against Sir Stephen Procter; and, as they said, did forbear to urge sundry other Particulars of Moment against him, upon Confidence of the Concurrence of this House with them: And lastly, that they desire, that either the Bill against Sir Stephen Proctor may pass, or he to be specially excepted in the Pardon.
The King to be moved to except Sir Stephen Proctor in the Act of Grace.
Agreed generally, That Mr. Attorney shall, with the Pardon, attend His Majesty; that, by His Highness's Commandment, and in His Majesty's Presence, a Clause may be inserted, for excepting the said Sir Stephen.
Dominus Cancellarius continuavit præsens Parliamentum usque in horam secundam post meridiem.
Sir Stephen Proctor excepted out of the Act of Grace.
THE last Clause of His Majesty's General Pardon, whereby Sir Stephen Procter is particularly by Name excepted, was read, and sent down to the Lower House.
Act of Grace.
The King's Majesty's General Pardon was returned to the House from the Lower House, which was done before His Majesty's Presence, or coming hither.
The King's Speech.
His Majesty, being set in His Imperial State, and having heard the Speaker of the Lower House deliver Thanks for his Majesty's gracious General Pardon; his Oration ended, and the Subsidy by him presented, according to ordinary Course; His Majesty was pleased to use some Speech, full of Learning and Princely Wisdom; First, declaring the Time to be so far spent, that it was a sufficient Excuse for Him to speak without Preamble. Next, that Mr. Speaker's Oration, being of Course, required not especially, in this Straightness of Time, any Answer from His Majesty. Lastly, His Highness most Princelily remembered, that, at their last Attending on Him at Whitehall, by His own Mouth, He then promised to give them shortly after further Answer, before the Breaking up of this Session, to such other of their Grievances as formerly they of the Lower House had presented unto Him, and which at that Time He did forbear to answer; and thereupon the Clerk was commanded to read His Majesty's Gracious Answer to the Grievances aforesaid, not formerly answered by His Highness; which were accordingly read openly by the Clerk, and are hereafter entered at large.
Dominus Cancellarius, ex Mandato Domini Regis, prorogavit præsens Parliamentum usque in diem Martis, videlicet, 16m Octobris proximum.
His Answer to both Houses concerning the Grievances complained of by the Commons.
His Majesty's Answer, delivered to the whole Assembly of both Houses, the 23d of July, 1610, unto certain Grievances formerly delivered to His Majesty by the Knights, Citizens, and Burgesses of the Commons House of Parliament.
Touching Execution of Laws against Popish Recusants.
Touching the Execution of the Laws of this Our Realm, made against Jesuits and Seminary Priests, their Receivers, and all other Popish Recusants, We have so sufficiently expressed Our Care and Resolution, in Our own Writings, and in Our late Proclamation, as also in Our late Speech concerning this Point, as We shall not need to give any further or more particular Answer in that Behalf.
Touching deprived and silenced Ministers.
There hath never been hitherto any particular Church in the World (for ought that We have read or heard) that hath allowed such Ministers to preach in it, as have refused to subscribe to the Doctrine and Discipline settled in it, and maintained by it; and hereof the Reformed Churches in France do yield a fresh Example, who have and do daily require Subscription to the Articles of their Synods, though very many in Number: Nevertheless as, in Our Princely Judgement, we ever intended to make some Distinction between the Persons and Dispositions of the deprived and silenced Ministers, in regard of better Hope of Conformity in some than in others, although they be in the same Degree Offenders by our Laws; so we shall be pleased, when we shall know the Numbers, the Names, and Qualities of those, for whom this Petition is made, to take such Order in that Behalf, as in Our Princely Wisdom We shall hold most fit and convenient, for the Good and Peace of the Church.
Touching Pluralities and Nonresidents.
Although never any Christian King had in greater Detestation the covetous and immoderate Heaping of many Benefices together, especially where the Neglect of the Cures is joined therewith; yet it cannot be expected at Our Hands, that We should in this, more than in other Cases, abridge any of Our Loving Subjects of that which they have in express Words granted unto them by the Laws of this Our Realm; or, if We might lawfully in this Case so do, yet We should not hold it convenient, until some further Provision be made, that the Benefices of this Realm might be made competent Livings for Godly Ministers and Learned Preachers; and that with some Difference, in Proportion answerable to their Gifts and Merits. In the mean while, the Number of Ministers, now qualified to enjoy Two Benefices with Cure, would be greatly diminished, if such as have Power to qualify, would abate the Number of their Chaplains allowed them by Law, as We are resolved for that Cause to abate Ours. Besides, We will lay a strict Charge upon the Bishops, under the Pain of Our Displeasure, that such Ministers as either now have, or hereafter shall have, Two Benefices with Cure, shall carefully observe the Forty-first and Forty-seventh Constitutions confirmed by us, Anno 1603; whereby it is provided, That every such Person as hath Two Benefices, shall (where he doth not reside) maintain a Preacher lawfully allowed, that is able sufficiently to teach and instruct the People in his Absence; and, in case the Bishops, upon Complaint made unto them, shall neglect their Duty in taking Order with such as have so ingrossed Benefices into their Hands, or shall not have provided for the serving of the Churches with sufficient Preachers in their Absence, upon Information given thereof to Ourselves, We shall make it appear, how much We dislike such Neglect, and how much We tender a Reformation in such Cases.
By Occasion of the Conference at Hampton Court, in the Beginning of Our Reign, and upon some other Complaints, Our Clergy, by Our Direction, made a Constitution, with a Condition, which We confirmed; wherein they shewed themselves very willing to forbear the Censure of Excommunication for Contumacy, where the original Cause was of no great Weight, and of private Interest; so as there might be a Law made, whereby Contumacy in such Causes might otherwise be sufficiently punished; and accordingly they caused a Bill to be drawn for that Purpose, and exhibited into the Lower House, which found no Passage there. Nevertheless, when such a Bill shall be hereafter agreed upon as may enable our Ecclesiastical Judges condignly to punish the said Contempts in the Causes mentioned, otherwise than by Excommunication, and so produce the Reformation which is now desired, We shall be pleased to give Our Royal Consent unto it, so as it shall rest in your own Hands, to effect that which is desired.
Concerning the Commission for Causes Ecclesiastical, and particularly of the Extent of the Statute of 12 Eliz.
Touching the inconvenient and dangerous Extent of the Statute of 1° Eliz. Cap. 1°, Our approved Care for the well ordering of Ecclesiastical Courts and Causes ought to banish from the Conceits of Our Loving Subjects all needless and imaginary Fears. Nevertheless, We are pleased to assure them, by Our Royal Promise, That Our Ecclesiastical Commissions shall not be directed to singular Persons, but to such a Number of Commissioners, and them so selected, as the Weight of such Causes doth require; and that no definitive Sentence be given, or pronounced, by such our Commissioners, under the Number of Seven of them, sitting in Court, or Five at the least; and that only in Case of Necessity. And further, That We shall not take Advantage by any Power given Us by that Statute, to grant forth any Forms of Commission, extending further than to Imprisonment and reasonable Fine; and likewise, that We shall restrain such Our general Commissions to the Number of Two; the one for this Province of Canterbury, the other for that of Yorke: Besides, We are resolved to establish "such an Order, touching the Use and Practice of Our said Commission, as that none of Our Loving Subjects shall be drawn from remote Places, either to London or Yorke, except it shall be for such exorbitant Offences as are fit to be made exemplary: And for the Enumeration of Ecclesiastical Causes in particular, as it is a Matter full of Difficulty, so it is needless (as We suppose), considering that they are already so limited and confined, as no antient Canons or Spiritual Laws are in Force, that are either contrary to the Laws, Statutes, or Customs of this Realm, or tend to the Damage or Hurt of Our Prerogative Royal.
Of Grievances apprehended in the Commission itself.
For the Grievances apprehended in the Commission: First, a Sovereign King, being Mixta Persona, and having Authority as well in Causes Ecclesiastical as Temporal, it was with great Wisdom ordained (Matters of the Church being many Ways impugned, and the Censures of it grown into Contempt), That there should be a Commission, consisting as well of Temporal as Ecclesiastical Persons, who might have Power for One Offence at One Time, and by One Sentence to inflict, as there should be Cause, both a Spiritual and Temporal Punishment. But, as to the Enquiry by Juries, it hath not for many Years been practised; and We are content, that hereafter it be omitted in Our Commission; and concerning Appeals, the Use hath always been to exclude them in Commissions of this Nature; and yet, if any of Our Subjects shall be justly grieved with any Sentence given by our Commissioners, We shall be content, as We find just Cause, to grant unto them a Commission of Review. Also for the Execution of divers Statutes aimed at in your Grievances, although it hath been from Time to Time committed in some Sort unto our Commissioners, and that every such Commission hath been still penned by the Attorney General, with the Advice of the chiefest Temporal Judges; yet We are well pleased, and will give Commandment accordingly, that Our Temporal and Ecclesiastical Judges, assisted with Our Learned Counsel, shall confer together, concerning the Exceptions by you taken, to the End that hereafter Our said Commissioners may have no further Power to intermeddle with the Execution of any Part of the said Statutes, than it shall be found fit for Our Service, necessary for the suppressing of Popery and Schism, and no way repugnant to the Laws and Policy of this Our Kingdom. But, for making of any Innovation in the Forms and Proceedings heretofore used by Our said Commissioners, We know no Cause to depart therein from the Examples of Our Progenitors, nor from that which the Laws of this Our Kingdom hath approved. And touching Fees, since it is a Court by Statute erected, and no Fees in the Statute expressed; it was very fit that the Commissioners should have Authority, to limit and appoint to every Officer his reasonable Fees; and We will commend the further Care thereof to some principal Persons of Our Commission to take a View of them, and as to reform what they find amiss, so to establish such as shall be moderate and reasonable.
Of the Grievances found in the Execution of the Commission.
Touching the Grievances found in the Execution of the Commission, We know that there is no Commission, nor Court, either of Ecclesiastical or Temporal Jurisdiction, but may be subject, more or less, to Abuse in the Execution of their Authority; nevertheless it is Our Part to have Our Ear open to receive Complaints of that Kind, especially from Our Parliament, when We shall find them to be just. And therefore Our Purpose is, to see such Reformation made of all Abuses in the Execution of the said Commission, as may best procure the Ease of Our Subjects from Charge or Vexation; and such Punishment to be inflicted upon any Pursuivants, or other inferior Ministers, which shall be Offenders, as may repress such Misdemeanors in Time to come.
Touching Prohibitions, Habeas corpus, and Homine replegiando.
It is Our Princely Care and Office, to uphold and maintain all the Courts of Justice, both Ecclesiastical and Temporal, within this Our Kingdom, that no one of them incroach upon other, but keep itself within the true Bounds and Limits thereto appertaining; neither is it unknown (We suppose) to the whole Realm, what Pains We have already taken to that End; and We purpose (God willing) therein to persist, until We shall settle a certain Order, as well concerning Prohibitions as the Incidents thereunto belonging, that no one of Our Courts may be prejudiced by another; and that (all late Inventions and Novelties on all Sides eschewed) Prohibitions may freely proceed from such Courts, in such Causes, and in such Form, as by the ancient Laws of this Realm hath been accustomed.
And touching Writs of Habeas corpus and Homine replegiando, Our Pleasure is, that they be granted according to Law.
Although We know well that, by the Constitution of the Frame and Policy of this Kingdom, Proclamations are not of equal Force, and in like Degree, as Laws; yet nevertheless, We think it a Duty appertaining to Us, and inseparably annexed to Our Crown and Regal Authority, to restrain and prevent such Mischiefs and Inconveniencies, as We see growing in the Common Weal, against which no certain Law is extant, and which may tend to the great Grief and Prejudice of Our Subjects, if there should be no Remedy provided until a Parliament; which Prerogative Our Progenitors have, as well in ancient as latter Times, used and enjoyed: But if, sithence the Beginning of Our Reign, Proclamations have been more frequent than in former Times, or have extended further than is warranted by Law, We take it in good Part to be informed thereof by Our Loving Subjects, and take it to Heart as a Matter of great Consequence; and therefore We will have Conference with Our Privy Council, and with Our Judges and Learned Counsel, and will cause such Our Proclamations as are past to be reformed, where Cause shall be found; and for future Time will provide, that none be made but such as shall stand with the former Laws or Statutes of the Kingdom, and such as, in Cases of Necessity, Our Progenitors have by their Prerogative Royal used, in Times of the best and happiest Government of this Kingdom.
Touching the Four Shires.
"Our Desire is, That all Our Subjects universally may be governed by the Laws that make best for the Preservation of the Peace and Quiet of the Country where they live, and whereby Justice may be equally and speedily administered, as well to Poor as Rich, with least Trouble, Charge, and Expence; and for those Four Counties, for which Suit is now made, to have them exempted from the Jurisdiction of our Council in Wales and the Marches of the same, We conceive it to be a Matter of very great Importance; for it tendeth to the Alteration of a settled State of Government, continued by the Space of many Years, in the Time of divers Kings and Queens Our Predecessors, advised by as wise and judicious Privy Counsellors, and executed and put in Use ever since the making of the Statute of the 34th of Henry the Eighth, that gave Strength to that Government, by many as grave, reverend, and learned Judges, as this Realm ever had, who lived at and nearest the Time of the said Statute, and therefore best understood the Sense and Meaning of it; therefore We, finding Our Crown, upon so good Grounds, so long possessed of that Form of Government in those Parts, and having holden one constant Course ever sithence Our Coming, to keep the State of all Affairs of this Realm, and especially of Justice and Government, the same We found, to the End there might be in a Manner no Shew of Change by Us (which hath been justly observed as an apparent Mark of God's Blessing upon Us and Our Kingdom), We have retained, and continued still, the same Government in those Counties, with fit Moderation by Our last Instructions; holding it both just and convenient, as well for those as all other Parts whereunto it is applied; nevertheless We will take Time, and inform Ourself of all Things that may lead Our Judgement to the best Ordering of a Case of so great Weight and Consideration; and will thereupon resolve, and do as We shall find answerable to Justice and Policy of State, which cannot be separated; always processing, for the Satisfaction of Our Loving Subjects in general, that as We are, and ought to be, slow to put down or alter those Courts and Governments, which the Wisdom of former Times hath established, so We are firmly resolved never to erect, in any other Parts of the Realm, any like Courts, or Provincial Councils, except it be by Assent of Parliament; and, for full Assurance thereof, We will yield to any Security that by Act of Parliament shall be reasonably devised."
Memorial concerning the Contract with the King; touching Tenures and Wardships; Purveyance, &c. 26° Martii, 1610.
MEMORIAL concerning the great Contract with His Majesty, touching Tenures, with the Dependents, Purveyance, &c. delivered by the Committees of the Commons House unto the Lords.
Demands in Matter of Tenures, &c. The Desire in general is, to have all Knights Service turned into Free and Common Socage.
In particular, some Tenures more properly concern the Person, some the Possession.
Concerning the Person.
Grand Serjeanty; wherein, though the Tenure be taken away, yet the Service of Honour to be saved. And the Tenure per Baroniam, as it may concern Bishops or Barons, or Men in Parliament, to be considered.
Petty Serjeanty; Escuage certain and uncertain, to be taken away.
Castle Guard; that Castle Guard which rests in Rent to be saved.
All Knights Services generally, both of King and Common Person, to be taken away. The Rents and Annual Services to be saved.
Homage Ancestrel and Ordinary, with the Respite of them. 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 not yet resolved of.
Wardship of Body, Marriage of the Heir, of the Widow. These to be taken away.
Respite of Fealty to be taken away.
Wardship and Custody of Lands likewise to be taken away.
Primier Seizin to cease. Livery, Oustre le maine, to be taken away, so far as they concern Tenures, or Seizure by reason of Tenures, other than for Escheats.
Licence of Alienation, upon Fines, Feoffments, Leases for Life, and other Conveyances.
Pardon of Alienation, Pleading, Diem clausit extremum, Mandamus, quæ plura devenerunt, Offices post Mortem, Inquisitions ex Officio, except for Escheats.
Also all concealed Wards de futuro, all Intrusions, all Alienations past, all Bonds and Covenants for Performance of what tends to Knights Service. All these to be determined.
The like for Wards of Common Persons.
All Wards now in being, or found by Office, or which shall be found by Office before the Conclusion of this Contract, shall be found, and whose Ancestors died within Three Years before. Those to be saved.
Relief upon Knights Service to cease.
Patentees that pay a Sum in gross, or pay Tenths, or Fee Farmers. These not to double their Rents upon a Relief to be paid.
Escheats, Heriots, Suit of Court, Rents, Workdays, and such Services: These all to remain.
Aid to the King to remain, but limited in certain to Twenty-five Thousand Pounds, cum acciderit.
"Aids to Common Persons to cease."
Die Martis, 26 Junii, 1610. Possession of Estates for Sixty Years, sufficient Title against the King and His Successors.
If any Body Politick or Corporate, or other Person or Persons, or any from, by, or under whom they claim, have had Possession, and been reputed Owners, by the Space of Sixty Years; and neither the King nor His Progenitors, or any other for Him or Them, have had Possession, by taking of Profits, by the Space of One whole Year, without Interruption, within Sixty Years; the King's Title before that Time shall be extinguished, and such Possessor and reputed Owner of the Inheritance shall hold the Inheritance for ever, against the King's Majesty, His Heirs and Successors, and against His Patentees, and all claiming from, by, or under him, or them, or any His Progenitors.
And if the King's Majesty, or His Progenitors, have been in Possession only of a Rent reserved upon Arrentation of Affarts, or Waste Grounds, in Forests or other Lands, or upon some Grant in Fee Farm, and any Body Politick or Corporate, or other Person, have enjoyed the Lands, Tenements, or Hereditaments, for which such Rent is paid, by the Space of Sixty Years and more, as his own proper Soil and Inheritance, the King's Majesty His Heirs and Successors, shall enjoy the said Rent only, and the reputed Owners shall hold the Inheritance, according to the several reputed Estates. And all other, claiming or pretending Title, under any that shall gain the Inheritance against the King by this Law, either for Years, Life, Intail, or for other Estate, either at the Common Law, or according to the Custom of any Manor, shall hold and enjoy the same according to their former supposed Estate.
Persons paying Rents to the King as Chief Lord.
And it is thought reasonable, that some Course be thought upon, concerning such as pay the King any Rents for Lands, as Chief Lord, or otherwise, having had, by the Space of Sixty Years or more, the Freehold and Inheritance of the said Lands in themselves, or such from whom they claim, that, by Colour of such Rent received, the King should not be intitled to the Inheritance.
Limitation of Entries and Actions for Titles of Land belonging to the Dutchy of Cornwall, Principality of Wales, &c.
And that some Course may be taken for Limitation of Entries and Actions for Rights and Titles of Land, belonging to the Dutchy of Cornewall, Principality of Wales, and Counties of Chester and Flint; and namely, that some Provision be made for it in the Patent now shortly to be passed to the Prince of Wales, that such as have been reputed Owners of the Inheritance, and had Possession above Sixty Years, be not impeached.
Patentees to be concluded in like Sort as if the Estate had still remained in the King.
Letters Patents not cancelled by Judgement or Entry made known by a Year's Possession, to be continued most beneficially for the Patentee.
That Letters Patents of His Majesty, His Heirs and Successors, and other His Progenitors, not heretofore made void by Judgment, or such Entry as hath been made known by One Year's Continuance of Possession, shall be construed and taken most beneficially for the Patentees, their Heirs and Assignees, in Case any Estate of Inheritance be passed, and for the Patentee, his Executors, Administrators, or Assignees, to whom any Lease hath been or shall be made, according to the Purport of the said Letters Patents or Lease, and no other Exposition to be made of any Patent, Grant, or Lease, of the King or His Progenitors, but such as the Law makes in Grants and Leases made by Common Persons; any collateral Matter, or former Rule or Maxim, to the contrary notwithstanding.
And that all Letters Patents, Grants, or Leases, from henceforth, shall be expounded, construed, taken, and adjudged, to pass all Rights, Titles, Estates, and Interests whatsoever, the King, at the Time of the said Letters Patents made, might have passed, as King or Duke; and that such Grants as have been made; under the Dutchy Seal of Lancaster, of Land reputed Dutchy Lands, by the Space of Sixty Years, shall be good, notwithstanding the King (fn. 2) may have any other Title thereto, in Right of his Crown, or otherwise.
The King nor His Patentee to take any Forfeiture of his Estate for Non-payment of Rent.
3. That the King, nor any Patentee of the King, His Heirs or Successors, shall take any Forfeiture of his Estate for Non-payment of Rent, but only shall have a Penalty of double the Rent; but that the Lessee shall enjoy his Estate against the Patentee, as he did under the King; and that Leases made upon Suggestion of Surrenders may not be overthrown for Defects or Imperfections of or in the Surrender, or for Want of Surrender.
Subject, upon Information of Intrusion, to be allowed to plead the General Issue.
4. The Subject, upon every Information of Intrusion, shall be admitted to plead the General Issue, Not Guilty, and not be forced to any special Plea; neither shall any Injunction, in respect of such Plea, be granted, to turn him out of Possession, having had Possession by the Space of One Year before.
Penal Laws and Informers to be ordered for Ease and Benefit of the Subject.
5. The Point concerning Penal Laws and Informers to be ordered as shall be most for the Ease and Benefit of the Subject, preserving the Force of the Law; and a Course to be established for due Execution thereof and inflicting the Penalty.
Purveyance in general to be taken away entirely and extinguished.
Pre-emption to be determined.
6. All Purveyance and Takings for His Majesty, the Queen, the Prince, and all other the King's Children, and for all Offices, Officers, Courts, Councils, and Societies whatsoever, to be utterly taken away, as well Purveyance and Takings for Houshold, Stable, Navy, Servants, Labourers, and all other Provisions, as also for Carts, Horses, and Carriages, both by Land and Water; and generally all Purveyances and Takings, for whomsoever or whatsoever, of what Name or Nature soever, to be for ever extinguished; the Composition for the same to be all dissolved and released. The Clerk of the Market and all other to be disabled for setting any Prices. The Power and Prerogative of Pre-emption to be determined, not intending hereby the Pre-emption of Tin.
What Regard shall be had of the Merchant Stranger in this Point, to be left to further Consideration.
The King to Pardon all Debts due before the 30th of Elizabeth.
7. That His Majesty would be pleased to pardon, release, and discharge, all old Debts due to Him or any His Progenitors, before the Thirtieth Year of the Reign of our late Sovereign Lady Queen Elizabeth; and that hereafter every Subject, sued or molested for any Debt due to His Majesty or His Progenitors, or that shall grow due to His Heirs, may plead, that the same Debt or Sum of Money, sued for or demanded, became due to the King or His Progenitors by the Space of Ten Years past; and that the same in the mean Time hath not been sued for in any of the King's Courts; and that the same, appearing to be true, or so proved, shall be a good Plea in Bar.
Fines due upon Alienations by Fine or Recovery to be taken away.
8. All Presines and Postsines, due upon Alienation, by Fine or Recovery, to be taken away.
16 Julii, 1710. Debts owing by Persons outlawed or attainted to be paid before the King has Benefit of the Forfeiture.
1. That where any Man shall be outlawed, at the Suit of a Common Person, before Judgement or after, the Plaintiff first, and all others after him in Order, as they shall desire it, may be paid their just Debts out of the Forfeiture grown to the King, before the King, or any other, take any Advantage of such For feiture. In like Manner, in all Attainders of Felony and Treason, all Creditors to be satisfied for their just Debts out of the Estates of the Persons attainted.
King to lose His Power of of altering the Lawsfor Wales and making new ones.
That the Clause in the Statute, 34th and 35th of Henry the Eighth, by which the King hath Power to alter the Laws for Wales, and make new, be repealed.
"In the Interim, till Our next Access:
Articles to be observed till the next Meeting of Parliament.
No Man to be questioned or troubled for any Land, upon Defective Titles; either upon Pretence that the Patent is void, or for Assart Lands, and such like, which have had long Possession and no Patent.
No Man to be questioned for Land gained by the Sea, be it ancient or new.
No concealed Ward to be sought after, nor any to be questioned, after the Death of whose Ancestors an Office hath not been found within Ten Years.
No Man to be questioned for Old Debts.
Nor Allenations without Licence.
Nor to be inforced to plead his Licence and Title, or Tenure in the Exchequer.
18 Julii, 1710. To exempt the Four Shires from the Jurisdiction of the President and Council of Wales.
1. That whereas the House of Commons have already, among their Grievances, preferred a Petition to His Majesty, as of Right and Justice, That the Four English Counties may have a Trial by Law, concerning their Inheritance to the Common Laws of this Realm, and so to be exempted from the Jurisdiction of the President and Council of Wales (a Matter wherein the whole Realm is deeply interested); notwithstanding, upon Occasion of this great Contract, the House of Commons doth humbly petition His Majesty, as of Grace, that, without further Suit, Trial, or Trouble, those Counties may be restored to that their ancient Right, the same being no way prejudicial to His Majesty's Honour in Point of Sovereignty (as we conceive), as being alike to His Majesty in which of His Courts His Subjects have their Trials, and in Profit much less; but rather being a Matter of greater Benefit to His Majesty, in the Duties due for Suits in his Courts at Westm. and to His Majesty's Loving Subjects there, it will be a Matter of great Comfort, and of enabling them the better to perform their Part of this Contract, by easing them of much causeless Vexation and Charges, which in trising Suits they now bear and endure.
The King to be bound upon Demurrers.
"2. The King to be bound upon Demurrers, to express the Cause of Demurrer for Form, as the Subject is by the Statute of 27th Elizabeth.
To ascertain the Fees of the Courts and Offices, and print them.
3. Petition to be made to His Majesty, to grant out Commissions to declare the just and due Fees of all the Courts and Offices in this Realm, so far forth as they are to be paid by the Subject, and they to be reduced into a Book, and printed.
To survey the Penal Laws.
4. His Majesty also to be petitioned, to appoint some to make a diligent Survey of all the Penal Statutes of this Realm, to the End that such as are obsolete or unprofitable may be repealed; and that, for the better Ease and Certainty of the Subject, all such as are profitable, concerning One Matter, may be reduced into One Statute, to be passed in Parliament.
For the King to give Recompence to the Officers who suffer by this Contract with respect to Tenures.
5. The Lords to join with the House of Commons, in Petition to His Majesty, for Recompence to be made by His Majesty to all such Officers of Courts as are damnified by this Contract in Point of Tenures.
6. His Majesty to be petitioned, that he will be pleased to grant no Protections contrary to the Law.
20 Julii, 1610. For His Majesty to grant no Protection contrary to Law.
That the Extent of every Article that is desired for the Good of the Commons, in this great Contract with His Majesty, should be expounded and explained, in all Clauses doubtful, by the House of the Commons, according to their true Meaning.
All doubtful Clauses in these Articles to be explained by the H.C.
Reservation to be made of further Addition, at the next Session, of any Propositions within the Bounds agreed on; videlicet, not to impair His Majesty's Honour in Point of Sovereignty, nor to diminish His Estate in Matters of Profit, without Recompence for the same.
Propositions from this House to the H. C. with their Answers. Saturday, 21st July, 1710. The Message done upon the Delivery of the Articles.
Answer to the Last Three Propositions:
1. What Assurance His Majesty shall have of the Two Hundred Thousand Pounds Yearly Revenue?
Answer: Not having resolved yet whereupon to raise this Revenue, nor in what Manner to levy it; thus much we are resolved of, that it shall be stable and certain to His Majesty, and convenient for His Majesty's Officers to receive and gather it.
2. What Matter of Content, in the Interim, shall be brought down into the Country?
Answer: 1. To the meaner Sort, the assuring them that nothing shall be levied upon their ordinary Victual: videlicet, Bread, Beer, and Corn, nor upon their Handy Labours.
2. To the better Sort, the View of those Things, which, in lieu of that Sum, we shall receive from His Majesty; whereof Copies to be taken down by such as please.
3. In general, to all, His Majesty's Gracious Answer to our Grievances."
3. What Course now for the settling of this Contract and Proceeding in it?
Answer, 1. We proceed in it now by Addition of some more Articles; which, together with the former, in one entire Copy, we will present to the Lords.
2. For the settling of it at our Return, to find it as we leave it, we will enter in our Book, First, what we have demanded, videlicet, these Articles; Secondly, what we have resolved to give therefor to His Majesty, videlicet, Two Hundred Thousand Pounds by the Year; Thirdly, the Security to be by Act of Parliament in as strong Sort as can be devised; Fourthly, the Manner of levying it to be in such Sort as may be secure to His Majesty, and in the most easeful and contentful Sort to the Subject, that by both Houses of Parliament can be devised."
Memorialconcerning the Great Contract with the King touching Tenures, Wardships, Purveyance, &c.
MEMORIAL concerning the great Contract with His Majesty, touching Tenures, with the Dependents, Purveyance, &c. conceived by Direction of the Lords of the Higher House of Parliament.
Whereas the Knights, Citizens, and Burgesses of the Lower House of Parliament, have this Day, by their Committees, delivered unto the Lords Committees of this House a Memorial by them conceived, and put in Writing, containing certain Articles concerning the great Contract with His Majesty, which, during this Session of Parliament, hath long and often been in Speech and Debate between their Lordships and them, as well on His Majesty's Behalf as for the Interest of their Lordships, and of the said Knights, Citizens, and Burgesses; by which Contract, they are tied to assure unto His Majesty, His Heirs and Successors, the Sum of Two Hundred Thousand Pounds Sterl. in Yearly Revenue, in Satisfaction of the great Yearly Profits which His Majesty hath or may make, as well in respect of the Wardships of the Bodies and Lands of his Subjects (and all other Incidents to Tenures), as of the Benefits rising by Post Fines, Defective Titles, Assarts, and many other Immunities and Privileges, together with the extinguishing of Purveyance (all tending to the Profit and Ease of His Majesty's Subjects); in the Conclusion whereof, there is this Clause inserted; videlicet, That the Extent of every Article that is desired for the Good of the Commons, in this great Contract with His Majesty, should be expounded and explained, in all Clauses doubtful, by the House of Commons, according to their true Meaning.
And whereas, at the presenting the same Memorial, it was also delivered in the Name of the Lower House, by Sir Edwin Sands, that, notwithstanding the said Clause inserted, it was not intended to make any Question of the Price, or of any main Part of the Contract (because they were agreed in the Substance), but only to reserve some Liberty for the Exposition of the Extent of some Branches, which contained those Requests which they had made (under that Liberty which His Majesty gave them to propound such other Things as should not derogate from His Honour or Profit); in all which they desired also, by the Mouth of Sir Edwin Sands, to retain Liberty, in addendo, diminuendo, & interpretando.
And whereas it was also delivered by the Gentleman aforesaid, That the Lower House were now resolved, at the End of the Session, to deliver clear Answers, that is to say concerning the King's Assurance; though, for the Manner of Levy, they had not yet taken the same into Consideration in the Absence of their Fellows; yet of this one Thing, they did desire their Lordships to remain assured, that it was their full Intention and Resolution that His Majesty's Revenue, depending upon this Contract, should have these Two Qualities; one, that it should be a Revenue firm and stable; another, that it should not be difficult in the Levy. In both which they assured themselves they did fully answer the Meaning of that Speech, which made the Mention of Terra Firma.
And forasmuch as the Knights and Burgesses of the Lower House have also acknowledged (and that most truly), that they did always understand themselves bound to limit themselves so carefully in all Things which they have sought for, or shall do (not being particularly expressed at the Time that they did accept of the Price), as not to demand or expect any Condition whereby His Majesty should lose either Honour or Profit as aforesaid;
The Lords also, who are likewise in their own particular Estates and Possessions (besides their Care of the Public Good) no less interested in this great Contract than they, and, by their eminent Places and Degrees, are more strictly bound to take Care of those Things which do particularly concern the Honour and Revenue of the Crown than others are, have now, upon good Advice and Deliberation, thought it fit and necessary, not only to acknowledge their Personal Consent to the substantial Parts of this Contract, but have (with the Privity of His Majesty, as an Argument of his Consent) given Order likewise for an Entry to be made of the same Memorial, in Manner as is aforesaid, that is to say, with the same Reservation, which was verbally desired by them in these Words, "addendo, diminuendo, & interpretando," and with that Reservation which is contained in their latter Clause of their Memorial, videlicet, That the Extent of every Article that is desired for the Good of the Commons, in this great Contract with his Majesty, should be expounded and explained, in all Cases doubtful, by the Lords of the Higher House, for the Good of His Majesty and themselves."