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, 7 die Junii,
Ld. Strange's Precedency, and the Countess of Castle haven's claim to the Barony of Strange.
THE Lord President declared to the House, That His Majesty hath granted His Writ of Summons to this Parliament unto James the Son and Heir Apparent of William, now Earl of Darby, by the Name of James Strange, Chr.; and that the Heralds have ranked the said James in the Place of the ancient Barons of Strange. And his Lordship shewed, That Anne Countess of Castlehaven, the Eldest Daughter, and one of the Coheirs, of Ferdinando late Earl of Derby, deceased, doth claim the Name and Title of the said Barony of Strange. Whereupon it is this Day Ordered, The said Writ of Summons, and the said Rank and Place of the said James, shall be no way Prejudicial unto the Right and Claim of the said Anne Countess of Castlehaven, nor unto any of the Rights and Claims of any of the Daughters and Coheirs of the said Ferdenando late Earl of Derby, deceased.
E. of Huntingdon versus Sir Henry Sherley.
Sir Henry Sherley, Baronet, being brought to the Bar, to answer the Complaint of the Earl of Huntingdon, the Lord Keeper read the scandalous Words wherewith he is charged by the said Earl, and required his Answer thereunto. And the said Sir Henry Sherley denied, that he uttered those Speeches in the same Sense they are charged against him: and he also affirmed, that he was heretofore censured for the same by the Lords of the Privy Council.
But the Earl of Exeter, being present, did now again testify Part of the said Scandal to be true (prout 24 Maii); and the Lord President of His Majesty's Council did affirm the same, and the rest also, to be proved by divers Witnesses sworn here, and examined viva voce at the Committee for Petitions. And the Lord President did also affirm, That the said Sir Henry Sherley was censured by the Lords of the Privy Council for other Scandals against the said Earl, and not for these wherewith he is now charged.
Sir Henry Sherley being withdrawn; the Lords affirmed their former Order for his Censure, 24 May last; which the Lord Keeper pronounced against him, being brought to the Bar again, and that he should stand committed. And the said Sir Henry Sherley was accordingly committed to The Fleet.
Message to the H. C. for a Conference touching the King's Answer to the Petition of Right.
The House being moved to take into Consideration, That the King's Answer to the Petition of Right exhibited to His Majesty this Parliament by the Lords and Commons was not clear and satisfactory; the Lords sent a Message to the House of Commons, by Mr. Justice Hutton and Mr. Justice Jones, for a present and free Conference, in the Painted Chamber, by the Committees of both Houses, about the King's Answer, if it may stand with their Conveniency.
The House being adjourned during Pleasure, and the Lords gone to the Conference, and the Lord Keeper having declared to the Commons, "That the Lords desired this Conference with them, concerning the King's Answer to the said Petition; and, because their Lordships conceive that the good Intelligence between the King and His People doth much depend upon the Answer of that Petition, their Lordships have thought it fit, that humble Suit should be made unto His Majesty, that a clear and satisfactory Answer might be made thereto. And their Lordships, desiring to continue a good Correspondency with the Commons, desire them to join, if it may stand with their Liking.
The King to be petitioned for a clear and satisfactory Answer to the Petition of Right.
The Commons returned to their House, and came back, and answered: "That the House of Commons do agree that Suit be made to the King, for a clear and satisfactory Answer, in full Parliament, to the said Petition."
The House being resumed, and this reported; their Lordships agreed to sit this Afternoon, as they may be ready to attend His Majesty with this Request, if He shall then appoint it. And this was also notified to the Commons, who attended in the Painted Chamber.
Lords appointed know His Pleasure herein.
The King's Answer.
Committee to consider what shall be said to the King.
E. of Bristol.
L. Bp. of Norwich.
L. Bp. of Lincoln.
Charge of the H. C. against Mainwaring, to be reported, P. M.
P. Archiepus. Cant.
Epus. Co. et Lich.
Epus. Bath et W.
p. Ds. Coventry, Ds. Custos Mag. Sigilli.
Comes Marleborough, Mag. (fn. 1) Thesaur. Angliæ.
Comes Manchester, Præs. Concilii Domini Regis.
Dux Buckingham, Mag. Admirall. Angliæ.
Comes Lindsey, Magnus Camer. Angliæ.
Comes Arundell et Surr.
Comes Maresc. Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountgomery, Camer. Hospitii.
Vicecomes Say et Seale.
Ds. St. John de Bas.
Ds. Stanhope de Har.
Ds. Stanhope de Sh.
Message to the Commons, that the King will be here this Afternoon, to answer the Petition of Right.
That the Lords have sent unto the King, to desire a Time when both Houses might attend Him; and His Majesty hath appointed Four this Afternoon, to receive the Request of the Lords and Commons, and to give Answer in full Parliament; and that the Commons shall have Word when the King is come.
Dr. Manwaring's Charge to be reported on Monday.
The King's Directions touching the Petition of Right.
Memorandum, His Majesty, being placed in His Royal Throne, delivered unto the Clerk of the Parliament His Answer unto the Petition of Right, which He now intended to give unto the same. And His Majesty commanded the Clerk to enter in the Journal His former Answer unto the said Petition, and the Request of the Lords and Commons now to be delivered unto Him by the Lord Keeper. And His Majesty did further command the said Clerk to cut off His former Answer, which was written under the said Petition (2 Junii), and to write down His Answer which he now delivered unto the same. And accordingly the Clerk did cut off the said former Answer which was subscribed to the said Petition, in Presence of the King, the Lords, and Commons.
The King's Majesty being placed in His Royal Throne, the Lords in their Robes, and the Commons with their Speaker present; the Lord Keeper, standing in his Place as a Peer, spake as followeth: videlicet,
Ld. Keeper's Speech to the King, addressing His Majesty from his Place as a Peer.
"May it please Your most Excellent Majesty, The Lords Spiritual and Temporal, and Commons, assembled in Parliament, taking into their Considerations, that the good Intelligence betwixt Your Majesty and Your People doth much depend upon Your Majesty's Answer unto their Petition of Right, formerly presented with an unanimous Consent unto Your Majesty, do now become most humble Suitors unto Your Majesty, That You will be pleased to give a clear and satisfactory Answer thereunto, in full Parliament."
The King's Speech, touching his Answer to the Petition of Right.
"The Answer I have already given you was made with so good Deliberation, and approved by the Judgement of so many wise Men, that I could not have imagined, but that it should have given you full Satisfaction; but, to avoid all ambiguous Interpretations, and to shew you that there is no Doubleness in My Meaning, I am willing to please you in Words as well as in the Substance. Read your Petition; and you shall have such an Answer as I am sure will please you."
Petition of Right read.
Then His Majesty further said, "This I am sure is full; yet no more than I granted you in My First Answer; for the Meaning of that was to confirm all your Liberties; knowing, according to your own Protestations, that you neither mean nor can hurt My Prerogative. And I assure you that My Maxim is, That the People's Liberties strengthen the King's Prerogative, and that the King's Prerogative is to defend the People's Liberties.