Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Sabbati, videlicet, 29 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Message from the House of Commons, touching The Bill for Licences of Alienation.
MESSAGE from the Commons, by Sir Edward Cooke and others: videlicet,
Whereas the Commons sent up unto the Lords a Bill, intituled, An Act for Ease in the Pleading of Licences of Alienation, and in the Pleading of Alienations with Licence, or of Pardons of Alienations without Licence, in the Court of Exchequer and elsewhere, the which Bill the Lords did return unto the Commons, with Amendments and One Proviso added unto the same; and whereas the Commons had a Conference with their Lordships concerning the said Proviso, which the Commons desired might be taken away from the said Bill: Now the Commons had passed a Bill of the same Title, without the said Proviso, which they now send up to their Lordships, and have therewith returned the said old Bill.
Hodie 1a et 2a vice lecta est dicta Billa, concerning Licences of Alienation, &c. and committed to the former Committees of the old Bill.
To meet presently.
And, upon their Lordships Report that the same was fit to pass;
3a vice lecta est Billa prædicta; and put to the Question, and generally Assented unto.
The Lords Committees, appointed Yesterday in the Afternoon to set down an Order in the Cause between William and George Mathewe, reported the same to the House, in hæc verba: videlicet,
Mathew versus Mathew.
"The Lords of Parliament do Order, That the Cause depending between William Mathewe and George Mathew shall be reviewed in Chancery, by the Lord Keeper, assisted by such of the Lords of Parliament as shall be nominated by the House, and by any Two of the Judges whom the Lord Keeper shall name; for which End the Lord Keeper is to be an humble Suitor unto His Majesty, from the House, for a Commission unto himself and the Lords that shall be named by the House, for the said Review and final Determination of the Cause, as to them shall appear just and equal; and this the Lords desire may be done with all convenient Speed."
The which Order being read, the House approved thereof; and these Lords were named by the House to be joined in the said Commission with the Lord Keeper: videlicet, the Lord Chamberlain, the Earl of Mountgomery, the Earl of Bridgewater, the Lord Bishop of Durham, the Lord Bishop of Rochester, the Lord Russell, the Lord Denny, and the Lord Haughton; and the House Ordered the same Cause to be heard and determined accordingly in the Beginning of the next Michaelmas Term.
Earl of Midd, to make Reparation to Sir Thomas Mounson.
Whereas Yesterday the Lords Committees for the Petition of Sir Thomas Mounson, against the Earl of Midd. reported, That they thought it fit, that the said Earl should allow and pay unto the said Sir Thomas Mounson Two Thousand Pounds, in Lieu of the making of Six Baronets, and a Suit to compound with the King's Copyholders of Wackefeild, promised unto him by the said Earl, in Part of a Bargain between them;
It is this Day Ordered, That the whole Business be referred to the Lord Keeper, whether that Sir Thomas Mounson be in Equity to be relieved or no, touching the said Six Baronets, and the said Suit to compound with the Copyholders of Weckfeild aforesaid; and that the said Earl shall pay such Recompence for the same as the Lord Keeper shall award.
Lord Cromwell's Privilege.
This Day Richard Culpeper was brought to the Bar, by virtue of His Majesty's Writ of Habeas corpus; which being read, and it appearing to the House that the said Richard Culpeper was Servant to the Lord Cromwell, he was set at Liberty, and the Marshal of The Marshalsea discharged for the same.
Earl Middlefex and Lord Willoughby.
The Lord President reported, That the Lords for the Earl of Middlefex's Business had conceived an Order, concerning the Lord Willoughby, which was read in hæc verba: videlicet,
"Whereas the Lords do find that there is a just Debt of Fifteen Hundred Pounds owing unto the Lord Willoughby of Eresby, by Sir Thomas Sherley, Knight, deceased; for true Payment whereof the said Sir Thomas did acknowledge several Judgements to make his Lands liable to the Payment of the said Debt, which Lands are since purchased by the Earl of Midd. but are so conveyed that the said Lord Willoughby cannot, in Strictness of Law, charge the said Lands with the said Judgements:
"Nevertheless, in respect it appears that divers Lands were passed to the said Earl, upon the Defects found in the Patent granted unto Sir Thomas Sherley, over and besides the Lands which were bargained for by the said Earl; for which Lands, it is said, the said Earl hath taken a good Consideration of those Parties; and in respect also that it is alledged that the said Earl had a great Pennyworth in the Purchase of those Lands which were Sir Thomas Sherley's: Therefore, their Lordships think fit, and have so Ordered, That this Case of the Lord Willoughby be recommended to the Lord Keeper, that, in Case his Lordship shall hereafter exhibit his Bill in Chancery to be relieved; and that, either upon the Causes before alledged, or upon any other Matter that shall be found and proved, there shall appear Cause in Equity to relieve the said Lord Willoughby against the said Earl of Midd. or any other the Tenants of Sir Thomas Shirley's Lands, purchased after those Judgements; that then the Lord Keeper do give the Lord Willoughby such Relief, for his said Debt of Fifteen Hundred Pounds, as to Justice and Equity shall appertain."
Sir John Savage et Ux. versus Taylor et al.
Whereas Sir John Savage, Knight, and Dame Margarett his Wife, have exhibited their Petition this Parliament, declaring, "That he the said Sir John Savage, having mortgaged the Manor of Wootton, in the County of Salop, for Five Hundred Pounds, unto Thomas Taylor (Part of which Manor he the said Sir John had estated on the said Dame Margarett for her Jointure); which Manor is worth Five Hundred Pounds per Annum; and the said Sir John Savag being also indebted unto one Doctor Moore, a Physician, and sundry other Persons, for Pins and other small Commodities (not worth Half the Money they were valued at); the said Moore and Taylor persuaded him to sell the same unto the Lady Craven, for which Four Thousand Pounds was offered, being worth Seven Thousand Pounds; and, upon the Persuasions of the said Moore and Taylor, he delivered Possession unto the said Lady Craven's Use, and afterwards joined in a Conveyance thereof unto her, upon their Promises that Taylor should come to a just Accompt, and that both he and Moore should abate a great Part of their Demands; which they have not performed, but shared the most Part of the Money paid by the Lady Craven amongst themselves, detaining Fifteen Hundred Pounds more than is due.
"And that Taylor hath unjustly possessed himself of the Deeds of Lands, in the County of South'ton, exceeding Five Hundred Pounds per Annum, and intitleth himself unto those Lands, for which he never paid One Penny."
And whereas the said Sir John Savage and Thomas Taylor have been both sworn here in Court (27 Maii 1624, post meridiem), to bring in their Evidences of the said Lands, in Comitatu South'ton; it is, this 29th of May 1624, Ordered, by the Lords Spiritual and Temporal in this High Court of Parliament assembled, upon Report made of the said Petition by the Lords Committees for Petitions, &c. That, for the understanding and determining of these Differences of Accompt, between the said Sir John Savage and Thomas Taylor, a new Accompt be made between them; and that Mr. John Finch and Mr. Edward Whitby (chosen by the said Sir John Savage), and Sir Edward Wardour and Sir William Pitt (chosen by the said Thomas Taylor), shall take the said Accompts; and, in Case they agree not therein, and accordingly declare the same Accompt by and before the 24th of June next coming, That then Mr. Justice Jones be Umpire, and determine the same.
And concerning the Evidences; it is further Ordered, That Sir John Savage and Mr. Taylor shall, according to their Oaths taken in this House, either of them bring in such Evidences as they have, to Mr. Justice Jones, nominated by the Lords Committees for Petitions, &c. to receive the same; and if John Paine shall not come in Time to take his Oath likewise here in this House, that then he shall take his Oath in Chancery, concerning the same Evidences; and that Mr. Justice Jones shall dispose of all the Evidences, brought unto him by all or any of the said Parties, as he shall think good.
Subsidy by the Clergy. Expedit.
Hodie retornata est a Domo Communi Billa, An Act for Confirmation of the Subsidy granted by the Clergy.
The House was moved to send a Message to the Commons, to this Effect: videlicet,
Message to the House of Commons.
That, if the Commons will send up any more Business unto their Lordships this Day (which is their last Day of sitting this Session), their Lordships are ready to receive the same.
Ordered, That the Message be sent accordingly, to continue the good Correspondency which hath been between the Two Houses all this Session. But the Commons were risen before the Messengers went.
Committee to view the Journal, and distribute the Money in the Poor Man's Box.
Ordered, That the Lords Sub-committees for Privileges, &c. shall meet after the End of this Session, to peruse and perfect the Journal Book, and to distribute the Money in the Poor Man's Box.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum hujus diei, hora 2a, Dominis sic decernentibus.
Vicesimo nono die Maii, post meridiem.
Clerk of the Parliaments waits on the King with Bills.
MEMORANDUM, That, when the Clerk attended His Majesty at Whithall, to understand His Majesty's Pleasure for His Royal Assent to the Bills passed both Houses (as the Manner is), His Majesty delivered him this Memorial to be entered: videlicet,
E. of Hertford's Bill.
"Memorandum, Whereas a Bill hath passed both Houses this Session, to enable the Earl of Hertford to sell Lands; His Majesty (at the humble Suit of the said Earl) is willing to give His Royal Assent to the said Bill, with this Protestation nevertheless:
The King's Protestation on giving his Assent to it.
"That it is not His Majesty's Intent, upon any doubtful or equivocal Words, or aught else contained in that Act, to weaken the Sentence given in the Time of the late Queen Elizabeth, concerning the pretended Marriage of Edward late Earl of Hertford; and therefore, to avoid all strained Inferences to be made in that Behalf upon any Word contained in the said Act, His Majesty, before His Royal Assent given to the said Act, gave Commandment, That this Memorandum be entered, both in the Parliament Book, and on the Back Side of the Bill itself."
The King will have the Judges Opinion upon Sheriffs Accompts Bill.
His Majesty also commanded, "That the Opinion of the Judges be known, and He certified thereof, before His Royal Assent be given, touching the Bill concerning the Sheriffs Accompts (now passed both Houses), Whether the same did extend unto Quietus est already passed, or to those only which are hereafter to pass."
And the Judges delivered their Resolution therein, as followeth: videlicet,
"The Judges, having advised, by His Majesty's Commandment, Whether the Bill now passed both Houses, concerning Sheriffs Accompts, do extend to Quietus est already passed, or to such only as are futurely to pass, did this Day, with One uniform Assent, Resolve, That the said Act, as it is penned, doth not look backward unto Quietus est already passed, but to such as shall be made hereafter."
Which Resolution His Majesty commanded, "To be entered as a principal Motive of His Majesty's giving His Royal Assent to the said Bill; which His Majesty held not fit to have done, if the Act had extended unto Quietus est passed."
The Clerk signified this Resolution of the Judges unto the King, before His Majesty came to the Parliament Chamber.
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
HIS Majesty being placed in His Royal Throne, and the Lords in their Robes, the Commons, with their Speaker, Sir Thomas Crewe, Knight, Serjeant at Law, were admitted into the Parliament Presence.
The Speaker came with great Reverence, and low Obeisances unto His Majesty; and, being at the Bar, in a learned Speech, he declared,
Speaker of the House of Commons Speech, at presenting the Subsidy Bill, &c.
"That God (to His own great Glory) had brought this Session of Parliament, so happily begun, to so happy an End.
"That both Houses, and every particular Member thereof, had given their willing Assent (even with One Voice) unto the Advice which His Majesty was pleased so low to descend as to demand of them: As there was not a Hammer heard in the Building of the House of God, so, in this great Business, there was not a negative Voice, nor any jarring amongst them.
"That their Time was wholly spent in Business of Parliament, which had prepared many Bills profitable for the Common-wealth; and shewed the several Natures of those Bills, some for the Service of God and Restraint of Recusants; some to redress the Enormities of the Common-wealth; others of His Majesty's Grace and Bounty to His People; and some of the Prince his Highnes's Inclination that Way, touching his own Lands; and others to settle Strife in particular Estates: All which do await and humbly desire His Majesty's Royal Assent.
"He shewed also what great Joy they all received for the Dissolution of the Two Treaties with Spaine, and their Comfort to see the Edict performed against Recusants and the Locusts of Roome, wherein will consist His Majesty's chiefest Safety.
"And with their humble Thanks for all their ancient Privileges, which they fully enjoyed this Parliament, and in particular for their Freedom from Arrests, and their so often Access unto His Majesty's Presence; and more especially for His Majesty's general, liberal, large, and free Pardon; shewing the Benefit thereof, and reciting the Particulars; he presented the Bill of Three Entire Subsidies and Three Fifteenths and Tenths granted this Session; and declared the Chearfulness of the Grant thereof. And, making his earnest Prayers unto Almighty God, to direct His Majesty's Heart to make His own Sword His Sheriff, to put His Son-in-Law into Possession of His Palatinate, the ancient Inheritance of His Royal Grandchildren; he ended, humbly craving Pardon for himself and his own Errors committed this Session."
Unto which His Majesty presently answered, beginning with the last Part of the Speaker's Speech, touching their Freedoms; which He promised "to continue unto them in as large Manner as ever they enjoyed the same; and for Restitution of His Son-inLaw, He protested His continual Care thereof, and His great Grief if He should not see an assured Hope thereof before He dies; and vowed, that all the Subsidy (for which He heartily thanked them), though it had not been so tied and limited, shall be bestowed that Way. His Majesty remembered them, that nothing was given to relieve His own Wants: which He expects at the next Session, in the Beginning of Winter.
"He acknowledged the Obedience and good Respect of the Commons in all Things this Parliament; for which (as He was pleased to say) He thanked them heartily and truly, without Compliment; and that, if they please to continue the same at their next Meeting, it will make this the happiest Parliament that ever was.
"His Majesty also spake of the Grievances presented Him Yesterday by the Commons (at Whithall), promising them a full Answer at their next Meeting: That He had looked over them, and was glad they were of no greater Importance. His Majesty remembered them how to handle Grievances at their next Meeting; and to hunt after none, nor to present any but those of Importance. He promised to go over them all, and to give a free Answer, such as shall be good for His People; not respecting any Courtier whomsoever; and that He will advise herein with His Council and Judges.
"At this Time (His Majesty said), He will shew them His Grievances.
"First, That they grieve at the Reformation of the Buildings about London, which He intends only for the Beauty of the City; and therefore He will go through with it. But, if the Commissioners offend herein, let the Party grieved complain, and he will redress it. That the Form used by the Commons in this Complaint is also a Grievance unto His Majesty, for that they did not first call the Commissioners (whom they complained of) before them.
Secondly, Touching their Complaint against Dr. Anyan, their Oath of Supremacy sorbids them to meddle with Church Matters; besides, they complain, and never heard him.
"Thirdly, Touching their Complaint against the Apothecaries, His Majesty protested His Care therein to be only for His Subjects Health: That Grocers do not meddle with Apothecary Wares in any other Nation: The Grocers bringing Home Rotten Wares, it is not fit they should meddle as Apothecaries.
"Fourthly, That His Fourth Grievance is, that seditious Books are so frequently printed and brought in, which he will be careful to prevent hereafter.
"Fifthly, For calling in so many Patents, appointing the Patentees to wait so many Days with their Counsel, and never hear them; wherefore His Majesty warned them to call for none hereafter, unless they first know them to be grievous to His People; and then to hear the Patentees Counsel before they complain. And so His Majesty concluded, with Thanks for their good Carriage towards Him and His Lords this Session."
Lord Keeper's Speech.
Then the Lord Keeper, conserring first (as the Manner is) with His Majesty, spake of the Particulars of the Speaker's Speech, and, by His Majesty's Command, approved them all; alluding the general Consent of both Houses, in their Advice to His Majesty, unto that of the Septuagint, directed by the Holy Ghost. And, touching the Speaker's Desire for the King's Assent to the Bills passed both Houses, he said, That the Royal Assent is proper to the Law-giver; and shewed, that it is best for the People, that this is in His Majesty's Power, and not in themselves; for the King knoweth what is best to be granted unto His People, as may appear by the Petition which Bathsheba made to King Salomon to give unto Adoniah, Abishag to Wife; which had Salomon granted, He had given Adoniah Means to usurp the Kingdom, contrary to Bathsheba's Meaning: Of Salomon's Denial to His Mother herein, it is said, respuit Petitionem, exaudiit intentionem. And such is His Majesty's Intent this Day, for such Bills which He shall not pass. But His Majesty hath given His Assent to all the Bills of Grace, and to the Bill of Continuance of some Statutes and Repeal of others, so necessary for the Good of the People.
"That His Majesty accepts in good Part their Thanks for His General Pardon; which He hath so freely granted to His good Subjects. But His especial Command is, that those that are in Office look strictly into the Execution of the Laws against Recusants.
"The Subsidy, His Majesty graciously accepts thereof; and therein imitates not the Story in Macrobius, of one who had all his Debts paid; and, instead of Thanks, answered, Mibi nibil. Though this be given to the Palatinate, His Majesty interprets it as given to Himself, and renders you all hearty Thanks for the same.
And for your own Request, Mr. Speaker; His Majesty holds it impertinent; neither needs any Pardon where no Error is committed."
Bills receive the Royal Assent.
The Lord Keeper having ended his Speech; the Clerk of the Crown stood up, and read the Titles of the Bills that passed both Houses; and the Clerk of the Parliament read His Majesty's Answer to each Bill; which being done, His Majesty's remembered "the breaking up of Three former Parliaments together, and the happy Conclusion of this Session;" and put the Commons again in Mind, "that, at their next Meeting, they do so carry themselves that this Parliament may be as happily continued to the End."
H. Elsynge, Cl. Parl.
Dominus Custos Magni Sigilli, ex Jussu Domini Regis, prorogavit præsens Parliamentum usque in diem Martis, secundum diem Novembris proxime sequentem.