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, 9 die Julii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Subsidy of the Clergy.
THE Lord Bishop of Winchester (in Absence of the Lord Archbishop of Canterbury), being the eldest Bishop now present of the Province of Canterbury, presented to the House the Subsidies granted unto the King by the Clergy of that Diocese.
Bp. of Rochester excused.
The Lord Bishop of Rochester excused.
Bill that this Session shall not determine by the Royal Assent to some Acts.
Mr. Serjeant Finch and Mr. Serjeant Damporte returned Answer, That they had delivered to the Commons the Bill touching the Adjournment of the Parliament.
Message from the House of Commons.
Message from the Commons, by Sir Thomas Edmonds and others:
Tonnage and Poundage.
They presented to the Lords the Bill of Subsidy of Tonnage and Poundage.
Petition of the Prisoners in The Fleet for Habeas corpus.
That they are now ready for the Conference required by their Lordships, touching the Petition of the Prisoners of The Fleet, for Habeas corpus, etc. and do desire another Conference also with their Lordships, touching the Recess of this Parliament, to be by the same Committee, if it shall so please their Lordships.
The Lords are ready for both the Conferences desired to be presently, in the Painted Chamber.
Report concerning the Delivery of the Petition about Religion.
The Lord President reported to the House, That the Committee of both Houses (fn. 1) Yesterday delivered the Petition touching Religion unto the King; and that His Majesty promised a speedy Answer thereunto.
Thinness of the House observed by the King.
His Lordship added, That the King takes Notice of the Thinness of this House; and that His Pleasure is, that they which are present do not depart.
Report from the Committee concerning Ralph Brooke York Herald's Petition.
The Lord President also reported, That the Committees for Privileges, etc. had considered of the Petition exhibited by Ralphe Brooke, Yorke Herald, at large; which Petition hath these Five particular Points: videlicet,
"That the Earl Marshal committed him to Prison, for that, on the 27th of March last, he attended in his Herald's Coat, to perform his Office to proclaim the King.
"2. That the Earl Marshal had sequestered him from his Office, and the Profits thereof.
"3. That, he preferring a Bill into the Chancery for his Fees, the Earl Marshal committed him to The Marshalsea.
"4. That the Earl Marshal caused his Study of Books to be locked up.
"5. That the Earl Marshal stayeth all his Proceedings at Common Law, for Recovery of his Right."
These Particulars their Lordships examined; and found that Yorke had gone through all Courts with it. They heard Yorke and his Counsel at full; and it appeared to their Lordships to be a very sharp invective Petition against the Earl Marshal, but very false and untrue in all Points.
Agreed he should be punished for exhibiting a scandalous Petition.
Wherefore they are of Opinion, That the Petitioner deserves to be severely punished, for exhibiting such a false and scandalous Petition against a Member of this House.
His Lawyer to be censured.
Their Lordships thought it fit also, That Yorkes Lawyer suffer Rebuke, for that he could not but know these Particulars to be false; and yet, from Time to Time, he gave him his Advice, and was of his Counsel to speak for him.
The House, taking this into Consideration, Agreed, That the Lawyer shall receive a public Reproof.
York Herald at the Bar.
And Yorke having been at the Bar, and heard what he could speak for himself, the Lords agreed on their Censure. And then, Yorke being brought to the Bar again, the Lord Keeper pronounced the same against him, in hæc verba: videlicet,
"That he shall make his Submission to the Earl Marshal here at the Bar.
"That he shall be imprisoned in The Tower, during Pleasure.
"That he shall be fined at a Thousand Marks."
Yorke being withdrawn, and having considered of the Submission he was to make, and subscribed the same with his Hand; he was again brought to the Bar, and read it, in hæc verba:
"My Lords, I am very sorry that I have offended this Honourable House in general, and the Earl Marshal in particular, by the Delivery of this scandalous Petition; which I acknowledge to be untrue in the Particulars which this most Honourable House hath so adjudged; and I acknowledge your Lordships Censure against me for the same to be most honourable and just.
"Ra. Brooke, Yorke Herald."
The rest of the Sentence pardoned.
Yorke being withdrawn, the Earl Marshal gave the House all hearty Thanks for clearing his Honour of this false Aspersion. And he often and earnestly besought their Lordships, that the rest of the Sentence against Yorke might be pardoned.
Which being granted, and Yorke brought to the Bar again; the Lord Keeper told him, That the Lords are pleased (at the earnest Intreaty of the Earl Marshal) to pardon the rest of the Sentence against him, both for the Imprisonment and Fine.
For which Yorke humbly thanked all their Lordships, and the Earl Marshal in particular.
Tonnage and Poundage Subsidy.
Hodie 1a vice lecta est Billa, An Act for a Subsidy of Tonnage and Poundage.
Ld. Keeper to discharge Privileged Persons after the Adjournment.
Moved by the Earl of Clare, and Agreed, (fn. 2) That, if any Servant of the Nobility be imprisoned (contrary to the Privileges) after the Recess of this Parliament, the Lord Keeper shall deliver him out of Prison, upon a Habcas corpus, etc. as if the Parliament were sitting.
Evelyn's Petition for Money.
The Petition of John Evelyne was read; desiring to be paid One Thousand Seven Hundred Pounds Arrear unto him, for his Monthly Provision of Powder, and for the constant Payment of his Monthly Provision of Gunpowder hereafter; for else he shall not be able to provide the same.
Answered: The Lords do recommend the Petitioner unto the Care of the Lord Treasurer, to see him paid; and withall do wish the Council of War, that, if any Money of the last Subsidy be undisposed, this Petitioner may be remembered.
The Petition, thus answered, was re-delivered unto him.
Report from the Conference, touching the Petition of the Prisoners in The Fleet;
The Lord President reported the Conference with the Commons, touching the Petition of the Prisoners for Habeas corpus, etc. (videlicet), That they render unto the Lords all hearty Thanks, that they are pleased to confer with them herein: That they conceive the Prisoner's Liberty upon Habeas corpus, etc. without the Assent of all his Creditors, to be against Law, and hath been much abused by many Prisoners; insomuch that they have prepared a Bill to be presented to their Lordships against it; and that they had concluded nothing upon the Petition.
and concerning the Adjournment.
He reported also, That the Commons do humbly desire the Lords, that the Recess may be on Monday next.
Agreed, That the Lord President do move His Majesty herein, and to express the earnest Desire of the Lords and Commons that the Recess may be on that Day.
Whereas, in the last Session of Parliament, there was a Bill exhibited, by John Edwards the Younger, against John Edwards the Elder, to reverse a Decree, obtained in the Court of Requests; the which Bill was read and committed; but, by reason of the Shortness of Time, it could not be any further proceeded in; and therefore the Lords Spiritual and Temporal, in the Upper House of Parliament assembled, did then refer the Consideration thereof to the Lord Bishop of Bangor, Mr. Baron Bromley, Mr. Justice Hutton, and Mr. Justice Chamb'leine, or any Three of them, whereof the Bishop of Bangor to be one, to mediate an End, and determine the Differences between them, if they could, or else to certify the House of their Opinion the next Session: The Lord Bishop of Bangor did this Day report unto the House, how far they had proceeded herein, as by the said Report appeareth. Whereupon it is this Day Ordered, That, in respect of the Adjournment of this Session, which now draws to an End, the Committees shall have further Time and Power, unto the next Access of Parliament, to hear this Matter again, if they be requested thereunto by either of the said Parties; and to alter, or otherwise order, any Thing therein, as they shall think fit, upon the Re-hearing of both Parties.
The Earl of Clare, the Lord Bishop of Bangor, and the Lord Wentworth, are appointed to dispose of the Money in the Poor's Box, and of the Money collected at the Fast.
Lord Cromwell's Privilege.
The Petition of Richard Culpeper, Servant to the Lord Cromewell, was read; desiring to be released of his Imprisonment in Execution for Three Hundred Pounds odd Money, recovered against him upon a Nihil dicit, for a Battery.
Referred to be considered by the Lords Sub-committees for Privileges, etc. and their Lordships to certify whether his Case be within the Privilege or no.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 11m diem Julii, hora 7a, Dominis sic decernentibus.
Bills brought from the Commons after the House was adjourned.
Retornatæ sunt a Domo Communi Quatuor Billæ, Exped.
1. To enable the King to make Leases of the Dutchy Land of Cornewall.
2. For the further Restraint of Tippling.
3. That this Session shall not determine by the Royal Assent unto this and some other Acts.
4. Confirmation of the Customs, etc. of the King's Tenants of Cheltenham.
These Bills were brought after the House was up; and the Clerk received them, being to carry them and other Bills to the King next Morning.