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, 18 die Junii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Dr. Hambden's Privilege.
THE Lord Bishop of Lincoln signified to the House, That Valentine Daye absents and obscures himself, upon the Order made Yesterday, for his Appearance, at Doctor Hambden's Suit.
ORDERED, The Lord Keeper to send for the said Daye, and to command him to take no Benefit of the Verdict which he unduly got against Doctor Hambden; and to commit him until he hath waved the Benefit thereof.
Dr. Manwaring to be suspended.
Ordered, The Bishop of London to suspend Dr. Manwaringe, according to a Clause expressed in Part of the Judgement against him; and the Clerk to send unto him from the House, to require Execution thereof accordingly.
Act of Grace.
Hodie unica vice lecta est Billa, An Act for the King's Majesty's General and Free Pardon.
Put to the Question, and Assented unto.
Earl of Derby's Privilege.
Nevill Key and Roberte Dobson were this Day sworn, to prove the Breach of Privileges by Abraham Laughton, in the Arrest of John Moore, Servant to the Earl of Derby, and of his scornful Speeches of the Privilege of Parliament, to be examined by the Committee for Privileges.
Sir Humphrey Ferrers and Sir R. Brooke versus.
The Lord Bishop of Lincoln reported the Order conceived by the Committee for Petitions, upon the Petition of Sir Humphrey Ferrers.
Lady Packington, touching the Administration of Sir Packington's Estate.
"The Lords are of Opinion to recommend this Cause to the Court of Wards, that this Injunction may be no longer continued, to hinder so many Proceedings in the Prerogative Court; but that Sir Humphrey Ferrers and Sir Richard Brooke, dismortgaging of the Lands presently, may either be assured by the Lady Packington, the Relict, who hath the Administration pendente Lite, to be paid the Sum of Twelve Hundred Pounds within One Year, if the Prerogative Court shall find no Cause but to continue the said Administration in her, or they to have the Administration revoked and granted to themselves; which, the Lords are of Opinion, is sitting for the Court of Prerogative to grant. And, in Case the young Lady Packington shall prove the supposed Will to be good, that then they shall account unto her for all the Goods administered, excepting only the said Twelve Hundred Pounds. And that the said Court of Wards do suspend that Clause in the End of their Order, concerning the Hangings and Furniture of the House, until the Suits depending in the Prerogative Court shall be settled, where the Ward's Proofs (if he hath any) shall be heard, being produced by his own Mother, his Curatrix in that Court; and withall that the Lady Packington, the Relict, have Allowance of all that Money, be it Eighteen Hundred Pounds, or be it more or less (as well for Interest as Principal), paid by her out of the Personal Estate, to dismortgage the Land in Question."
All which was Ordered accordingly.
Lady Packington's (the Widow) Petition dismissed.
Memorandum, The Lady Packington (the Relict) exhibited her Petition to stay the said Order until her Counsel be heard; but the Committee for Petitions affirmed that her Counsel was fully heard, and that her Petition now read is very false.
The Lord Keeper declared unto the Lords, That he delivered the Two Messages from the House to the King, touching the Commission, etc. to be canceled, and touching Dr. Manwaring's Book (prout 16 Junii post meridiem); and his Lordship reported His Majesty's Answer touching the said Commission, in hæc verba: videlicet,
Report of the King's Answer to the Message from the House, touching the Commission for levying Money by Impositions, &c.
"His Majesty hath commanded me to say unto you, That you had Reason to be satisfied with what was truly and rightly told you by the Lords of the Council, that this Commission was no more than a Warrant of Advice, which His Majesty knew to be agreeable to that Time, and to the manifold Occasions then in Hand: But now, having a Supply from the Loves of His People, He esteems that Commission useless; and therefore, though He knows no Cause why any Jealousies should have risen thereby, yet, at your Desires, He is content it be canceled; and hath commanded me to bring both the Commission and Warrant to Him, and it shall be canceled in His own Presence."
His Lordship also reported His Majesty's Answer touching the said Book, in hæc verba: videlicet,
Report of the King's Answer for Suppression of Dr. Manwaring's Books.
"His Majesty hath commanded me to signify unto you, That He is well pleased, at your Request, to publish His Royal Proclamation, for suppressing all the Books of Dr. Manwaringe condemned by this House, with a strict Prohibition not to imprint them again, under a severe Penalty; and is pleased that Mr. Attorney General do prepare a Proclamation accordingly."
The King's Message to the H. C. 10 Junii, and the Petition of Right, with His Majesty's Answer, to be entered, and printed.
Ordered, The King's Message unto the House of Commons, decimo Junii, to be entered in the Journal of this House; and the Clerk to enter the said Petition, with His Majesty's Answer, in the Parliament Roll where the Statutes are entered; and the said Petition and Answer to be printed.
Respect of Homage.
Academy for Noblemens Sons.
The Committee for Privileges are to meet this Afternoon, to consider of Respect of Homage demanded of those Lords who did their Homage at the Coronation; and to consider of an Academy to be erected for the Sons of the Nobility, and of a Corporation to be granted for the same, and in what Manner to request the same of His Majesty.
Earl of Suffex's Privilege.
His Majesty's Writ of Habeas Corpus cum Causa, etc. ret. immediate, is awarded, for John Coore, Servant to the Earl of Sussex, arrested contrary to the Privilege of Parliament; and his Creditors are to be warned to appear, to shew Cause why he should not be delivered.
Message from the Commons, by Sir Edward Cooke and others:
Message from the H. C. concerning the Preamble of the Subsidy Bill.
That, after the Conference Yesterday, touching the Amendment of the Subsidy Bill propounded by the Lords, they took the same presently into their Consideration, with a full Intent to have proceeded therein this Morning; but were prevented by a constant Report that their Lordships had passed and voted the said Bill of Subsidies. Yet, nevertheless, the Commons have thought good to signify unto their Lordships, That they will always endeavour to continue a good Correspondency with their Lordships; knowing well that the good Concurrence between the Two Houses is the very Heart-string of the Commonwealth; and they shall be ever as zealous of their Lordships Privileges as of their own Rights.
Message from the H. C. for Conference touching the Enrollment of the Petition of Right, and for a Title to be added to it.
The Commons do now desire a Free Conference with their Lordships, touching their former Request for the Enrollment of the Petition of Right, and for a Title to be added unto the same. The Time and Place, and Number of Committees, they humbly leave unto their Lordships.
The Lords receive much Joy and Comfort in this Message, and the careful Respect of the Commons to this House. And, to shew their Desire to continue the good Correspondency between them, their Lordships have yielded unto this Conference, and have appointed it to be presently, in the Painted Chamber, by a Committee of the whole House.
The Lords agreed, That, at this Conference, it be shewn unto the Commons, "That the Lords have already Ordered the said Petition of Right to be entered into the Parliament Roll, and to be printed. And also, that Mr. Attorney hath Order (as was signified by the Lord Keeper) to prepare Writs for the certifying and transmitting of the said Petition into the Courts in Westm. Hall, to be there inrolled and observed."
The House was adjourned during Pleasure; and the Lords went to the said Conference.
Report of the Conference.
The Lords being returned from the Conference, and the House resumed; the Lord Keeper reported, "That this Conference consisted of Two Parts: The First, the Commons propounded a Title to be added to the Petition of Right in these Words, which they delivered in Writing: videlicet,
Title of the Petition by the Commons.
"The Petition exhibited to His Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers of the ancient Rights and Liberties of the Subjects, with the Royal Answer and Assent of the King's Majesty thereunto in full Parliament."
["That the Commons had not concluded this Title, but only propounded it; and yet, if their Lordships shall please to like it, they do agree thereunto.]
"The other Part of the Conference was for the Inrollment of the said Petition. They affirmed, That the Petition itself is a Record, but the Inrollment might make it live longer; for which it is necessary to have a Writ of Certiorari, directed Clerico Parliamentorum, to certify the Tenor of the said Petition and Answer into the Chancery, and from thence (as that great Work by their Lordships great Care and His Majesty's Royal Assent may take Effect in all Points) they desired it might be transmitted into the other Courts, with an Observari volumus."
The Debate of this Title is deferred till To-morrow Morning.
The Order conceived by the Committee for Petitions, and reported by the Lord Say, concerning Margarett Dyer, and confirmed by the House: videlicet,
Dyer versus Meese.
"Whereas William Dyer, and Margarett his Wife, exhibited (fn. 1) their Petition to the Lords the last Parliament; shewing, That divers Lands in Overworton, in the County of Oxon, came unto her by the Death of Roberte Hollowaye, Brother of the said Margarett, wherein she had a joint Estate with her said Brother; and that she, being a young Maid, was drawn by her said Brother to mortgage the same unto John Meese, in October, Anno 42° Eliz. for Ten Pounds, conditioned for Re-payment of One Hundred Sixty-three Pounds and Sixteen Shillings at Michaelmas following; the which Sum was tendered, and yet the said Margarett not restored to her Possession; and that the said John Meese is since dead, and Roberte Meese his Son hath entered into the said Lands, and wrongfully detaineth the same, as is affirmed by the said Petition. And whereas the Lords Committees for Petitions did, on the 14th of March 1625, refer the said Petitioners to the Justices, at the next Sessions to be held at Oxon, to hear and determine the said Cause; forasmuch as the said Justices of the Peace have not heard nor determined the said Cause, for that the said Roberte Meese did not appear before them, as is affirmed, and the said William Dyer is since dead; it is this Day Ordered, by the Lords Spiritual and and Temporal in this High Court of Parliament assembled, That Three such Justices of the Peace in the said County, whom the said Margarett Dyer shall name, shall call all Parties before them whom this Cause doth concern, and hear and finally determine the same, if they can, or certify their Opinions thereof unto their Lordships at the next Meeting of the Parliament, and through whose Default they cannot determine the same. And their Lordships do hereby strictly charge and require the said Roberte Meese to appear before the said Justices, at such Time and Place as they shall appoint to hear the same, as he will answer his Contempt herein to their Lordships."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Jovis, 19m diem instantis Junii, hora nona, Dominis sic decernentibus.