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, 17 die Maii,
THE Lord Spencer,
Lord Bishop of Salisbury,
Easdall, Penroase, Foster, and Fell, versus Dean and Chapter of York.
By virtue of an Order dated the 20th Day of April 1626, granted upon the Reading of a Petition of William Easdall, Doctor of Laws, John Pennroase, John Foster, and William Fell, were brought to the Bar; and, after an Examination of the Cause, both Parties being heard, the Lords Spiritual and Temporal, in the High Court of Parliament assembled, did this Day Order, That the said Pennroase, Foster, and Fell, be discharged of any further Attendance; and that the Suit now commenced against the said Doctor Easdall be not proceeded in any further against him. As for the Fees payable by the said Pennroase, Foster, and Fell; it is further Ordered, That the Dean and Chapter of Yorke do discharge them, if they did cause the Arrest; which Fees if the said Dean doth refuse to pay upon the Sight of this Order, the Lords are to be made acquainted therewith, that they may therein take such further Order as to their Lordships shall seem meet.
The King's Answer to the Message from the House, touching Counsel being allowed to the E. of Bristol.
"His Majesty having advised of the Message which your Lordships sent by me to His Majesty; and having taken into Consideration that Himself hath commended this Cause to your Honour and Justice; although His Majesty knows that, by the fundamental Laws of the Realm, or Custom and Use of Parliament, Counsel is not to be allowed to a Person accused of High Treason; yet, since His Majesty may, at His own Pleasure, descend between His own Right and Prerogative; and that it may appear to all the World that His Majesty, in His gracious Goodness, is pleased to afford the Earl of Bristol all Ways of Defence, in a more ample Measure than is due unto him by Law, is content, and doth hereby give full Licence, that, in this particular Case, the Earl of Bristol may have Counsel, both to advise him and to speak and plead for him.
"But whereas your Lordships Message put His Majesty in Mind of a general Order made in the One and Twentieth Year of the Reign of His Blessed Father; His Majesty remembers that, upon Occasion of the Cause of the Earl of Midd. which was only Criminal and not Capital, an Order was made in the House, which His Majesty never until now conceived to extend to Causes Capital; and, however, His Majesty is well assured that neither the Judges were advised with in making that Order, nor His late Majesty's Learned Counsel heard for His Majesty; and therefore His Majesty is not satisfied about that general Order, nor that Counsel shall be allowed in Cases Capital, without His Majesty's Licence; and therefore His Majesty will advise further thereof, and then will send again to your Lordships concerning the general."
The Lords having considered hereof, it was this Day Ordered, Mr. Serjeant Hedley, Mr. Serjeant Bramston, Mr. Serjeant Crawley, and Mr. Anthony Lowe, to be Counsel with the Earl of Bristol, to advise with him in his Cause, and also to plead his Cause for him.
D of Buckingham desires to know if he must answer the whole Charge from the Commons.
The Duke of Buckingham moved the House, whether he shall answer the whole Charge exhibited by the Commons against him, or such Part thereof only as their Lordships shall appoint; and whether he shall answer the Aggravations also of the Commons reported to this House, which he was desirous to answer, that he might clear all Matters therein.
This being considered of by the Lords; it was Ordered, These Aggravations to be delivered to the Clerk, to be kept by him close from all, save from the Members of this House; and no Copies to be delivered unto any, save unto the Members of this House.
To answer the ingrossed Articles.
The Duke of Buckingham to answer to the ingrossed Articles of the Charge sent up by the Commons, but not to the Aggravations; unless, upon Perusal thereof, he shall find any Thing fit to be answered. And, if the House find it fit that the Duke shall answer any Part of the said Aggravations, then he is to answer them also. The Duke to have Use of the original Aggravations for Expedition.
E. of Bristol desires to put in his Answer.
The Gentleman Usher signified to the House, That the Earl of Bristol desires he may put in his Answer this Afternoon, in respect of his Disability of Health; which Time was thought fit by their Lordships to be deferred; for that Mr. Attorney was not present, nor could not be so soon provided.
Their Lordships being moved to receive their humble Petition to the King from the whole House, on the Behalf of the Earl of Arundell; these (fn. 1) Lords were appointed to draw up the same Petition: videlicet,
Committee for drawing up a Petition in Behalf of the E. of Arundel.
The Lord President.
E. of Dorsett.
E. of Devonshire.
E. of Mulgrave.
L. Viscount Say.
The Petition reported.
"The Cause that moves us now humbly to attend Your Majesty, in our whole Body, as at first we did, is because we observe that the House of Commons have speedily received a Member of theirs, being committed: We the Peers, being ambitious to deserve of Your Majesty, and to appear to the Eye of the World as much respected in our Rights of Privileges as any Peers or Commons have ever been, acknowledging You a King of as much Goodness as ever King was, do now again humbly beseech, that the Earl of Arundell, a Member of our House, may be restored to us; it so much concerning us in Point of Privilege, as that we all suffer what he suffers in this his Restraint."
E. of Salisbury's Privilege.
It was this Day Ordered, That the Serjeant at Arms shall cause to be brought before their Lordships Sir Francis Leigh, Knight, and his Man James Goodwyn, to answer their Contempt, for serving of a Subpæna on the Earl of Salisbury, contrary to the Privilege of Parliament.
Sir Francis Browne's Privilege.
It was this Day Ordered, That Sir Francis Browne shall be brought hither, by a Habeas corpus cum causa, on Saturday next; and his Creditors to be here also, to answer his Complaint of being imprisoned contrary to the Privilege of Parliament.
Committee for Petitions.
E. of Oxon.
E. of Hertford.
E. of North'ton.
E. of Westm'land.
E. of Cleveland.
L. Viscount Mansfeild.
L. Viscount Rocheford.
L. Bp. of Durham.
L. Bp. of Rochester.
The said Committee to meet every Thursday, at Two of the Clock in the Afternoon; and to divide themselves into several Parts, and Five of them together to have Power to perform the Business imposed on them.