BHO

House of Lords Journal Volume 3: 28 March 1628

Pages 700-702

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.

Citation:

Table of contents

DIE Veneris, videlicet, 28 die Martii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
Epus. Dunelm.
p. Epus. Winton.
Epus. Petriburgen.
p. Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
p. Epus. Co. et Lich.
Epus. Bangor.
Epus. Cicestren.
p. Epus. Oxon.
Epus. Cestren.
p. Epus. Meneven.
Epus. Lincoln.
Epus. Sarum.
Epus. Bath et. W.
p. Epus. Bristol.
Epus. Asaphen.
p. Epus. Gloucestren.
p. Epus. Carlil.
Epus. Exon.
p. Epus. Landaven.
p. Thomas Coventrie, Miles, Ds. Custos Magni Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
Comes Maunchester, Præs. Concilii Domini Regis.
Dux Buckingham, Magnus Admirall. Angliæ.
Marchio Winton.
Comes Lindsey, Mag. Camerar. Angliæ.
p. Comes Arundell et Surr. Comes Maresc. Angliæ.
p. Comes Pembroc, Senesc. Hospitii.
p. Comes Mountgomery, Camerar. Hospitii.
Comes Oxon.
Comes Northumbriæ.
Comes Salop.
p. Comes Kantii.
Comes Derbiæ.
Comes Wigorn.
Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
Comes Bridgewater.
p. Comes Leicestriæ.
p. Comes North'ton.
p. Comes Warwiciæ.
p. Comes Devon.
Comes Cantabr.
Comes Carlile.
Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
Comes Banbury.
p. Comes Berk.
Comes Cleveland.
Comes Mulgrave.
Comes Danby.
p. Comes Tottnes.
p. Comes Monmouth.
p. Comes Norwicen.
Comes Rivers.
Comes Sunderland.
p. Comes Newcastle.
p. Comes Dover.
p. Comes Petriburgh.
Vicecomes Mountague.
Vicecomes Purbeck.
Vicecomes Tunbridge.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
Vicecomes Savage.
p. Vicecomes Conway.
Vicecomes Newark.
p. Vicecomes Bayninge.
p. Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
p. Ds. Percy.
Ds. Strange.
p. Ds. Delawarr.
Ds. Berkley.
Ds. Morley.
p. Ds. Dacres.
Ds. Dudley.
p. Ds. Stourton.
p. Ds. Darcy.
p. Ds. Vaux.
Ds. Windsore.
Ds. St. John.
Ds. Cromewell.
Ds. Evre.
p. Ds. Pagett.
Ds. North.
p. Ds. Compton.
Ds. Wotton.
Ds. Grey de G.
Ds. Petre.
p. Ds. Spencer.
Ds. Stanhope de H.
Ds. Arundell.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
Ds. Brooke.
Ds. Mountague.
p. Ds. Grey de W.
Ds. Deyncourt.
Ds. Ley.
p. Ds. Tregoze.
Ds. Carleton.
p. Ds. Tufton.
Ds. Craven.
p. Ds. Mountioy.
p. Ds. Fawconbridge.
p. Ds. Lovelace.
p. Ds. Pawlett.
p. Ds. Harvy.
Ds. Brudnell.
Ds. Maynard.

Absent Lords excused.

THESE Lords were excused: videlicet,
The Lord President.
Earl of Bridgewater.
Lord Bishop of Bath and Wells.
Lord North.
Lord Grey of G.
Lord Mountjoy.

Bromfield and Yale.

Hodie 1a vice lecta est Billa, An Act for the establishing of the Estates of the Tenants of Bromfeild and Yale, in the County of Denbigh, and of the Tenures, Rents, and Services thereupon reserved.

Better Maintenance of the Ministry.

Hodie 2a vice lecta est Billa, An Act for the better Maintenance of the Ministry.

Committed unto the

E. of Dorsett.
E. of Warwicke.
E. of Devon.
E. of Clare.
E. of Westm'land.
L. Viscount Say et S.
L. Bp. of Winchester.
L. Bp. of Norwich.
L. Bp. of Rochester.
L. Bp. of Co. et Lich.
L. Bp. of St. David's.
L. Bp. of Bristol.
L. Clifford.
L. Darcy.
L. Pagett.
L. Spencer.
L. Mountague.
L. Grey of W.
Mr. Justice Jones,
Mr. Justice Whitlocke,
Mr. Serjeant Ayloffe,
To attend the Lords.

To meet on Tuesday, being the First of April next, at Two, in the Little Committee Chamber.

Hodie 2a vice lecta est Billa, An Act concerning Apparel.

Committed unto the

L. Treasurer.
E. Marshal.
E. of Bedford.
E. of Bristol.
E. of Clare.
E. of Bolingbrooke.
E. of Westmerland.
L. Viscount Say et S.
L. Bp. of Winchester.
L. Bp. of Norwich.
L. Bp. of Rochester.
L. Bp. of Bristol.
L. Bp. of Gloucester.
L. Bp. of Carlile.
L. Dacres.
L. Darcie.
L. Vaux.
L. Pagett.
L. Spencer.
L. Mountague.
L. Grey of W.
L. Tufton.
The Two Lords Chief Justices,
Mr. Attorney General,
To attend the Lords.

To meet on Wednesday, being the 2d of April next, at in the Afternoon, in the Painted Chamber.

Message from the Commons, by Mr. Secretary Cooke and others:

Message from the House of Commons, for a Conference, touching the Petition against Recusants, &c.

That the Commons desire a further Conference, between the Committees of both Houses, about that Petition which their Lordships propounded unto them to be presented to the King.

Answered:

Their Lordships have yielded to the Conference, with their former Committee, at Four this Afternoon, in the Painted Chamber.

Earl of Banbury's Precedency.

The Earl Marshal reported, That the Committee for Privileges, etc. had considered whether the Precedency granted to the Earl of Banbury, by the King's late Letters Patents, before other Earls of an ancienter Creation, might be prejudicial to the Rights and Inheritance of the Peers of this Kingdom; the Consideration whereof was referred unto them per ordinem 22 Martii. And his Lordship shewed that the said Committee (to inform themselves of the Rights of the Peers herein) did peruse the Statute of 31 H. VIII, for placing and ranking of the Lords; and they perused the Roll also itself; and they do find the Law to be full and clear, that all Lords are to be placed and ranked according to the Antiquities of their Creations, as it is contained in the said Statute; and that the said Precedency granted to the said Earl of Banbury is directly contrary to that Statute.

The said Earl Marshal further reported, That, whilst the said Committee were in Debate hereof, it pleased the King's Majesty to send a Gracious Message (by the Earl of Dorset), shewing the Occasion of His granting the said Precedency to the said Earl; and His Majesty's Desire to the House, that this Earl, being old and childless, might enjoy it during his Time, and promising never hereafter to occasion the like Dispute, etc. as is contained in the said Message. And his Lordship signified to the House, That the said Committee do think it fit that this Request of His Majesty be so taken into Consideration, that He may receive Satisfaction, without Prejudice to the Peers in general, or to any Man's Right in particular.

This Report ended, the Clerk read the King's Message, delivered to the said Committee by the Earl of Dorset, which followeth, in hæc verba: videlicet,

Message from the King concerning it.

"His Majesty, having understood how that your Lordships (zealous in the Preservation of your Rights and Ranks) have made Question of a Precedency lately granted unto the Earl of Bambury, before some other of the like Degree, whose Patents bear a primary Date, hath commanded me to let you know, that it never was His Intention to innovate any Thing in that Kind, or, by that particular Creation, to win any Power, contrary to Law or ancient Custom in Matter of placing any one before the other. But the Truth is, that His Excellent Majesty, having resolved to confer that Dignity on that Noble Gentleman at the same Time with the other, then advanced, he, being the First in Quality of them, was consequently to have had the First Creation; but, being at that Time casually forgotten, and His Majesty afterwards remembered of him, He did but assign him that Rank, which at first was intended, without the least Thought of injuring any in the present, or ever to do the like in future. And to conclude, I have further in Charge to let you know that His Majesty desires this may pass for once in this Particular, considering how old a Man this Lord is, and childless, so that he may enjoy it during his Time; with this Assurance, that His Majesty will never more occasion the like Dispute, but allow Degrees to be marshaled according to the Statute in that Behalf."

This Message being read, and the Act itself, made in the Parliament of 31 H. VIII, for placing of the Lords, being also (fn. 1) read; upon full and deliberate hearing and examining every Part of the said Act in open House, their Lordships did adjudge and declare the said Act of 31 H. VIII, to be full and direct in every Point, to enjoin every Peer, upon new Creation, to have Place according to the Time of his Creation and Date of his Letters Patents, and no otherwise. And every other ancient Peer to hold his Place according to his Antiquity and Creation, and no otherwise; unless it be in Case of such Persons, and in such Places, as the said Act doth particularly mention.

Order concerning the Poor, and sturdy Rogues.

Complaint was this Day made, That the Laws concerning the Poor, and the Laws concerning sturdy Rogues and Beggars, are not duly executed in the Cities of London and Westm. and the Places adjoining; but the Poor are permitted to wander and beg in the Streets; and, through the Slackness of the Officers, the sturdy Beggars are so emboldened, that some of them carry Truncheons in their Hands, and use insolent Behaviour towards such as shall refuse to give them an Alms; it is therefore Ordered, That the Lord Mayor of the City of London, and all other His Majesty's Officers in London and Westm. and in the Places adjoining, in the Counties of Midd. and Surrey, shall cause all the Laws, which do either concern the Charitable Government [ (fn. 2) of the Poor] in those Places, or the Restraint and Punishment of sturdy Rogues and Beggars, to be presently put in due Execution; and that they be careful to restrain the Going-abroad of the Poor, and altogether repress the Insolency of those sturdy Rogues and Beggars. This they are all to take Notice of, and to see the same performed, as they will answer the same at their Perils. The Lords do likewise command, That the Streets in London and Westm. and in St. Martin'sLane near Charing-Cross, be mended and well paved. Copies of this Order, signed by the Clerk, were sens out accordingly.

The Earl of Clarc, the Lord Bishop of Norwich, and the Lord Spencer, are to distribute the Money collected for the Poor at this Fast.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, in diem Sabbati, 29m diem instantis Martii, hora nona, Dominis sic decernentibus.

Footnotes

  • 1. Origin. created.
  • 2. Bis in Origin.