Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 19 die Februarii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt :
Earl of Lecester Privilege.
THIS Day William Wyse, Alexander Lapworth, and William Westley, were brought to the Bar, to an swer the Complaint of the Earl of Leicester against them, for executing of a Commission, in a Cause between the Daughters of Sir Robert Dudley and the said Earl, upon the Fourteenth Day of January last, which was within the Privilege of Parliament, they knowing that the Earl's Commissioners could not be there, and yet proceeded, and slighted the Privilege of Parliament, and, upon Examination of the Cause, it appeared, that the chief Fault rested upon William Wise, and that he had caused divers Copies of a Decree to be printed, and delivered abroad in the Country; wherefore the said William Wise was committed Prisoner to The Fleet, for his Contempt of the Privilege of Parliament, and for printing of the said Decree, and publishing the same, and to was Ordered, That all Depositions taken by Commission, awarded out of the Chancery last Mi chaelmas Term, to examine Witnesses between the Daughters of Sir Robert Dudley, Knight, and others, Plaintifss, and Robert now Earl of Leicestre, and the Lady Letticc Countess Dowager of Leicestre, and others, Defendants, which was executed at Coventrye on the Fourteenth Day of January last, shall be suppressed.
And the said Alexander Lapworth and William Westley were discharged of their further Attendance.
Hodie 3a vice lecta est Billa, An Act concerning Apparel.
Put to the Question, and Assented unto per plures.
Foreign No bility.
The Lord Privy Seal reported the Delivery of the Petition concerning Foreign Nobility unto His Majesty, on Tuesday, the Seventeenth of this February, whereunto His Majesty answered to this Effect: videlicet,
"That the Matter was of weighty Consequence, and, as their Lordships had spent some Days to prepare the same, so He would take some Time to consider of an Answer thereunto.
"That the Form of the Petition, and the Manner of Delivery thereof, was such that He could not but interpret well of the Manner of their Lordships Proceeding; yet He must say that it is easier to prevent an Inconvenience, then to redress it being hap pened".
Bishops thanked for then Sermons.
The House gave Thanks unto the Bishops of Lincolne and Exceter, for their Sermons preached Yesterday at the Fast; and Ordered them to print then said Ser mons.
E. of Oxford.
The Earl Marshal reported the Petition unto His Ma jesty, concerning the Earl of Oxon, penned by the Committee, which was read 1a et 2a vice, and generally Agreed unto; and Ordered to be ingrossed; which followeth in bæc verba: videlicet,
"To the King's most Excellent Majesty.
"The humble Petition of the Lords and Peers in the Upper House of Parliament assembled.
Petition or the House to the King in Behalf of the E. of Oxford.
"We do, with all Faith and Duty, represent unto Your Majesty the great Grief and Sense we have of the commiserable Estate of the Earl of Oxon, who, sitting amongst us as a Peer, and being of so Noble a Blood, and ancient an Honour in this Kingdom, still continued in the Name of Vere, as we think few Sub jects in any Country do go bevond har, is left holly denuded of any Estate, to support this Honour, which his Ancestors and Predecessors have so nobly sustuned, in the Service of Your Royal Predecessors, Kings of this Realm, for so many Ages, and of this Kingdom; which, as it is fallen out wholly by his Misfortune, and no Fault of his own, so we hold ourselves bound to give this Testimony of him unto Your Majesty, that, ever since he hath been Earl, we have observed him to be, both in Mind and Carriage, full of Honour and Worth; and, as we discern much Ability in him to serve Your Majesty in the general, so we are credibly informed, by those that are very well able to judge, that he hath, both for his Discretion and Courage, won himself the Reputation of an excellent Commander in the Was where he hath served, we shall the less need to represent unto Your Majesty of how great Consequence it is, both to Your own Service and that of the Publick, to preserve ancient Honour, especially when it is accompanied with Virtue, since Your Majesty's Care and Readiness to do it in the general, and to this Nobleman in particular, hath given us Cause rather to thank Your Majesty than refresh Your Memory; but it being an Office becoming none so fitly as us, he being both a noble and well deserving Member of our Body, as also the Precedents of former Times shewing that our Predecessors have laudably done the like, upon the like Occasions, we do become most humble and earnest Suitors unto Your Majesty, that You will be pleased not only to employ him in Your Service, before others of meaner Birth and Merit, as Occasion shall be offered, but to take it into Your serious and Princely Care, to give some Beginning to the Establishment of him and his Family in some grounded Estate in this Kingdom; it being no less worthy a Work in Your Majesty to give unto this Noble Person and his some fundamental Means of Subsistance and Increase, than it was in Your Noble Progen tors to raise them to what his Predecessors were, both in Honour and Estate.
"And as Your Majesty will never place Your Goodness upon a Subject worthier every Way, so we hold it for a constant Maxim, that (Virtue and Merit being the only Means to attain Hereditary Honour at first) it doth nearly concern Your Majesty and the whole State to keep such Families as have attained it, in an Honourable Means of upholding the same; and to put it out of the Power of an unworthy Successor to destroy the Foundation; those Persons who have both the Honour of their Ancestors, and good Estates, being doubly engaged to give a good and faithful Account to Your Majesty and the State of their Employment.
"So we pray that a flourishing and faithful Nobility, and all other Felicities, may ever attend Your Royal Throne".
These Lords were appointed by the House to deliver the said Petition unto His Majesty, in all their Names videlicet,
And the Lord Chamberlain was appointed to move His Majesty for a Time of Delivery of this Petition.
E. Pembroke Privilege Dunrich Arrest.
The Petition of Thomas Dudson, Under-Marshal of the Marshalsea of The King's Bench, was read; shewing, That Edmond Donriche was committed by the Court of The King's Bench; and he did but execute the Command of all the Judges in open Court, according to the Duty of his Place, and according to his Oath.
That he is sorry for giving an Offence to this Honourable Assembly; and submitteth himself unto their Lordships Favour, praying to be discharged of his Imprisonment, and of the Cost, which he stands charged to pay.
Ordered, To enter into Bond, to appear here next Monday Morning (23 Febr.), et de die in diem, etc. and then to have his Liberty in the mean Time; and these Lords are appointed to examine the Costs and Charges demanded of him by Dunriche: videlicet,
E. of Mulgrave.
L. Viscount Say et S.
L. Bp. of Co. and Lich.
L. Bp. of Chester.
And it is also Ordered, The Parties undernamed to appear before the Lords on Monday, the said 23d of February, concerning the Complaint made of the Infringement of the Immunities belonging to the Stanneries; videlicet, Jo Keeling, Lewes Godfrey, Ambrose Broughton, John Chomley.
Memorandum, The Lord Mohun made this Complaint, and prayed these Parties might be warned to appear here; which was granted.
The Lord Privy Seal reported, That, the Claim of Precedency by the Lord Percy being referred to the Lords Committees for Privileges, there happened a Question, Whether the Son of an Earl, called by Writ, ought to take Place in this House according to his Father's Barony.
Peers Eldest son called up by Writ Precedency.
After some Debate hereof, it was referred to the Committee for Privileges to consider, whether, since the Statute of 31st of Henry the Eighth, an Earl's Eldest Son, called by Writ to his Father's ancient Barony, is to take Place in the House according to his Father's Barony or not; and so also of the Son of a Viscount; and so also of the Son of a Baron, having Two Baronies: And it was Agreed, That the said Committee shall proceed on Monday next, to determine the Precedency of the two Baronies of Abergavenny and Percie, but not to meddle with the other Matter referred unto them at that Time.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem proximum, videlicet, diem Veneris, 20m diem instantis Februarii, hora nona, Dominis sic decernentibus.