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 Jovis, 10 die Aprilis,
Absent Lords excused.
(fn. 2) Lord Abergavenny.
Hodie 1a vice lecta est Billa, An Act (fn. 1)
Lord Gerrard's Bill.
Mr. Justice Whittlocke,
Mr. Serjeant Damport,
|To attend the Lords.|
Willoughby to attend the House.
Rights and Liberties of the Subject.
Mr. Attorney signified unto the House, That he cannot as yet produce the Original Records of the King's Bench, touching the Matter wherein he is to be heard this Afternoon, according to the Order Yesterday, for that Mr. Keeling, the Secondary of the Office, will not be in Town till this Night; whereupon the House gave Time unto the King's Counsel unto Saturday Morning, at Eight.
And the Lord Chamberlain and the Earl of Dorsett, attend by Mr. Attorney and Mr. Serjeant Ashley, were sent to His Majesty, to signify the same unto Him; and that, for this Cause, the Lords intend not to sit Tomorrow (according to His Message 8 Aprilis), if it may so please His Majesty, unless His Majesty's Pleasure be that Mr. Attorney shall be heard here for Him without procuring the said Records.
The Lord Bishop of Winton is appointed to move His Majesty, That whereas the 21st of this April is appointed for the General Fast, on which Day divers Markets and Fairs are granted to divers Towns by Charter, that His Majesty will be pleased, that in those Places, they may have Liberty to keep the said Fast the next Day after the said Fairs ended, notwithstanding His Majesty's Proclamation for that Day.
Earl of Banbury's Precedency.
Hodie 1a et 2a vice lecta est, the Order conceived by the Lords Committees for Privileges, etc. concerning the Precedency granted by His Majesty unto the Earl of Banbury, before divers other Lords of an ancienter Creation.
Order for it.
"The Lords in this Parliament having understood by the Lords Committees for the Privileges of the House, that they are clearly of Opinion, the Act of Parliament 31 H. VIII is most strong and plain for the settling the Precedency of the Peers, according to their Ancienty and Times of Creation, have, upon full and deliberate Hearing and Examining the said Act in every Point, in open House, adjudged, and do adjudge and declare, the said Act of Parliament of 31 H. VIII to be full and direct in the 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.
"And whereas His Majesty was pleased to send a gracious Message to this House, to let us know that it was never His Intention to innovate any Thing in this 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 that His Majesty having resolved to confer that Dignity on that Noble Person 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. As also His Majesty desired this might 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. The Lords do give His Majesty very humble and hearty Thanks for His Princely Care to satisfy this House of His clear Intention, and are contented (the Lords particularly interested in the Precedency having first given their Consents) that the said Earl may hold the same Place as he now stands entered for his Life only, and that Place of Precedency not to go to his Heirs; with this Proviso, that it shall not in the least Degree be brought into Example, to prejudice the undoubted Right of the Peers, according to the full Judgement pronounced; and with solemn Protestation, that, as His Majesty hath been pleased to promise He will never in the future seek to break the Precedency settled according to the Antiquity of the Creation in any Sort, so the Lords will never, upon any Occasion hereafter, give Way to any Precedency, though but for Life, or Temporary, in any Point impugning or contradicting this Judgement, grounded upon the foresaid Statute, delivered upon so great and sound Deliberation and Advice, with a general Consent, which they have caused to be entered and enrolled, and shall be read at the Beginning of every Session, in the open House, amongst the Orders."