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 Veneris, videlicet, 28 die Martii,
Absent Lords excused.
Bromfield and Yale.
Better Maintenance of the Ministry.
Message from the House of Commons, for a Conference, touching the Petition against Recusants, &c.
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.
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.