Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, videlicet, 15 die Decembris,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Kenrick, &c. at the Bar.
JOHN Kenrick, and his Two Servants John Smyth and Edward Carrier, were brought to the Bar, to answer their Contempt, for the Arrest of the Lord Gerrard's Servants; and for that the said Kenrick could not deny but that he knew one of them whom he arrested, videlicet, the Keeper, to be the Lord Gerrard's Man, although he excused himself by saying that Arrest was only by a Latitat, for the Trial of a Title; he the said John Kenrick was Ordered to be imprisoned, and also to pay Six Pounds, Thirteen Shillings, and Four Pence, Part of the Charges which the Lord Gerrardes Solicitor had disbursed in this Business.
The Prisoners being withdrawn, and called in again, the Lord Keeper signified, That, at the Lord Gerrard's Motion, this Imprisonment is spared, and they thereof acquitted.
Warner at the Bar.
William Warner, of Hitchen, was brought to the Bar, according to the Order of the 10th of this December, to answer his Contempt, in the Arrest of James Hutchinson, Bailiff and Servant to the Right Honourable the Lord Russell; and, for that it could not be denied by the said William Warner, but that he knew the said James Hutchinson to be the Lord Russell's Servant, he the said William Warner was Ordered to be imprisoned, and to pay unto the said James Hutchinson all his Charges expended in this Business.
Watts at the Bar.
Abraham Watts was brought to the Bar (by Order of the 13th of this December), by virtue of a Writ of Habeas corpus cum causa; which being read, he was discharged of his Imprisonment, and all Fees.
Thomas Harvey's Petition against Henry Lucy.
The Petition of Thomas Harvey, and others his Highness's Agents for the Pre-emption of Tin, was read; shewing, that John Fowke, his Factor, delivered unto Mr. Henry Lucy, at Venice, Three Hundred and Fifteen Pounds Sterling for Re-payment, whereof the said Lucy was bound in Six Hundred Pounds. The Petitioner, by Advice of his Counsel, assigned the Debt in Payment of his Highness's Rent; and, by Extent out of the Exchequer, the said Lucy was under Arrest, and, being protected by the Lord Mordaunt, was discharged: He desired the Lords would be pleased to send for the said Lucy; and that Course of Law may take Place, not only against him, but against all other the Petitioner's Debtors that pretend the Privilege of this Court in the like Kind.
Whereupon it is Ordered, That the said Lucy be commanded to appear here on Monday next, to answer this Petition. The Copy of which Order was delivered to the Solicitor of this Petition.
The Lord Archbishop of Cant. remembred the Lords (fn. 1) the great Care taken by the House (at the Beginning of this Parliament) for a Collection to be made of the Privileges belonging to the Baronage of this Kingdom, as also the Charges of the House bestowed upon those Gentlemen who were employed in that Business: That a Committee being specially appointed by the House to take Consideration of the Customs and Orders of this House, and Privileges of the Peers of the Kingdom, or Lords of Parliament, and they, by Order of the House, having nominated a Sub-committee for the same (whose Pains and Diligence herein his Grace highly commended); that the said Sub-committee hath perused the said Collections, and examined the same by the Records themselves, and they (well approving the same) presented these Collections unto the Grand Committee for the said Privileges on Thursday last; the which Book of Collections his Grace (as first of the said Grand Committee) presented to the House, desiring that the same may be kept here, as Memorials whereunto Men may resort, as Occasion shall require, and make Use thereof.
Whether a Peer shall answer upon Oath or Honour.
And whereas there be in that Book some Precedents, whether a Nobleman shall answer upon his Oath (as others), or only protest upon his Honour; his Grace did signify, That the said Committee did also desire the Resolution of the House in this Point, and that it may be settled accordingly; for that at this Time the Lord Willoughby is pressed to his Answer upon Oath in the Court of Wards.
Whereupon it is Ordered, That, on Monday next, in the Morning, the whole House (as a Committee) shall consider thereof; and that all the Judges now in Town shall then attend their Lordships.
Mr. Selden's Collections.
This Book, being in loose Quires, was delivered to the Clerk, and he (by Command of the House) delivered the same to the Lord Haughton, who was specially required to have the Care to see the same bound up in a Book, and then to deliver it to the Clerk to be kept.
The Lord Keeper remembered the House of the Meeting to be with the Commons, about the Lord Digby's Narration.
Ld. Digby's Narration concerning the Palatinate.
The Lord Digby repeated the Heads of his Narration set down in Writing. It was Agreed, it shall be delivered as a Narrative only.
The Message for the Meeting was deferred at this Time; but Agreed, That the same shall be sent on Tuesday next.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 17m diem instantis Decembris, hora nona, Dominis sic decernentibus.