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 Mercurii, videlicet, 26 die Maii,
To avoid the Exactions of Customers, &c.
HODIE 1a vice lecta est Billa, An Act to avoid the Extortions and Exactions of Customers, Comptrollers, Surveyors, Collectors, Searchers, Waiters, Clerks, and other Officers or Persons employed in or about the Customs and Subsidies of our Sovereign Lord the King.
To reverse a Decree of the Court of Requests. Edwards versus Edwards and Sherborne.
Hodie 2a vice lecta est Billa, An Act for the reversing of a Decree made in the Court of Whithall, commonly called The Court of Requests, between John Edwards the Elder, Esquire, Complainant, and John Edwards the younger, Son and Heir Apparent of the said John Edwards the Elder, and Richard Sherborne, Defendants, bearing Date the Second Day of July, now last past; and for the making void of certain Provisos comprised in an Indenture Tripartite, made for the settling of the Lands of the said John Edwards the Elder.
E. of North'ton.
E. of Bridgwater.
L. Bp. of Durham.
L. Bp. of Bath. et W.
L. Bp. of Bangor.
L. Bp. of Bristol.
Mr. Baron Bromley,
Mr. Justice Hutton,
Mr. Justice Chamb'lyne,
Mr. Serjeant Crewe,
|To attend the Lords.|
Subsidies by the Temporalty.
The Lord President reported to the House, That the Lords Committees on the Bill of Subsidies granted by the Temporalty have considered of the Resolution of the Judges concerning some Questions arising upon the said Bill.
Judges Opinion touching some doubts which arose on this Bill concerning the Privileges of the two Houses.
"Resolved by all, with One uniform Assent, That, upon Perusal of the several Parts of the Act of Subsidy, they do not conceive that there is any Thing therein, which may impeach or blemish the Privilege or Power of the Higher House, or add to the Privileges of the Lower House, in any Thing, save in the particular Case in Question; and in no other Case of the like or other Nature; and that for these Reasons:
"First, For that the Judicature, in this particular Case, is not assumed by Way of Privilege, to beget a Precedent, but by Way of Act, which taketh Effect, not only by themselves, but by the Lords and by the Royal Assent of the King.
"Secondly, Because the Ground of this Act proceeded originally from the Gracious Proposition of His Majesty Himself; and that Proposition is mentioned in the Act itself; so as there is no Ground to do the like hereafter to be drawn from this Act, unless it be upon the like Proposition of the King, with Consent of the Lords, who must fully assent unto this Act.
"Thirdly, the Words ["That the Lords shall have Power by Virtue of this Act"] are not privative to any former Power of the Lords, and are convenient in this particular Case, where the Offence is new; and before this Act there was neither Punishment for this Offence, nor this Offence to be punished.
"Fourthly, the reserving of the punishing of those which at this Time are Assistants to the Higher House, is no Derogation to the House; for they have no inherent Right of being Assistants, as the Lords have in being Members of the House, and this is done by Bill, wherein the Lords join.
"Fifthly, For that the Lords are joined with the Commons in the Commission, the Accompt is to be joint; and therefore it is not possible to sever them from the Commons; for then the Accompt would be lame and imperfect.
Report from the Committee.
Protestation concerning the foresaid doubts.
"Forasmuch as this present Act of Subsidy of the Temporalty is in many Things different from the ancient usual Form of a Subsidy Bill; and for that something in the said Act contained may, in Time to come, be construed either to lessen the Jurisdiction of the one House, or to add to the Jurisdiction of the other, more than hath been used, or heretofore admitted; therefore the Lords Spiritual and Temporal, in the Higher House of Parliament now assembled, do hereby declare and pronounce, and cause this Protestation to be entered of Record in the Rolls of this Parliament:
"That no Words, Matter, or Things, in this Act contained, shall hereafter be taken, or construed to give or take, any Jurisdiction, Power, Privilege, or Authority, to or from either of the said Houses of Parliament; but that either of them shall severally and dividedly hold, use, and enjoy, such and the same Liberties, Privileges, Powers, and Jurisdictions, as heretofore they or either of them respectively had; and those in the same Manner, to all Intents and Purposes, shall hold, use, and enjoy, and Thing in this Act to the contrary notwithstanding."
Which Protestation was read the Second Time by the Clerk, and then put to the Question, and generally approved of, and Ordered to be entered in the Journal Book, before the said Bill of Subsidy be read the Third Time.
Preservation of His Majesty's Revenue.
Felt makers Company.
HODIE 2a vice lecta est Billa, An Act for the Relief of the Master, Wardens, and Commonalty of the Art or Mystery of Felt-makers of London, against a Decree made in the High Court of Chancery, at the Suit of Christopher Warwicke, Gentleman.
L. Privy Seal.
E. of Essex.
E. of Leicestre.
L. Bp. of Durham.
L. Bp. of Norwich.
L. Bp. of Co. and Lich.
L. Bp. of Chester.
L. Grey of W.
Lord Chief Baron,
Mr. Baron Bromley,
Mr. Justice Winch,
Mr. Serjeant Davis,
|To attend the Lords.|
Subsidy by the Temporalty.
Hodie 3a vice lecta est Billa, An Act for the Grant of Three Entire Subsidies, and Three Fifteenths and Tenths, granted by the Temporalty; which being read, the Protestation of the Lords (as it is entered in the Journal of this Morning) was also read.