House of Lords Journal Volume 2
26 June 1610

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1767-1830

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'House of Lords Journal Volume 2: 26 June 1610', Journal of the House of Lords: volume 2: 1578-1614 (1767-1830), pp. 623-628. URL: http://www.british-history.ac.uk/report.aspx?compid=28598 Date accessed: 23 September 2014.


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DIE Martis, videlicet, 26 die Junii:

p. Archiepus. Cant.
p. Archiepus. Ebor.
p. Epus. London.
p. Epus. Dunelme.
Epus. Winton.
Epus. Meneven.
p. Epus. Carliol.
Epus. Exon.
p. Epus. Sarum.
Epus. Bangor.
p. Epus. Peterburgh.
p. Epus. Landaven.
Epus. Hereford.
p. Epus. Norwicen.
Epus. Bristoll.
p. Epus. Oxon.
Epus. Assaphen.
p. Epus. Cestren.
p. Epus. Lincoln.
Epus. Elien.
p. Epus. Glocestren.
Epus. Bathon. et Wellen.
p. Epus. Roffen.
p. Epus. Cicestren.
p. Ds. Ellesmere, Cancellar. Angliæ.
p. Comes Salisburiæ, Magnus Thesaur. Angliæ.
p. Comes North'ton, Ds. Custos Privati Sigilli.
Marchio Winton.
p. Comes Notingham, Magnus Admirallus et Senescallus.
p. Comes Suffolk, Camerar. Hospitii Regis.
Comes Arundell.
Comes Northumbriæ.
p. Comes Salopp.
Comes Kanciæ.
Comes Derbie.
p. Comes Wigorn.
p. Comes Rutland.
p. Comes Cumbriæ.
p. Comes Sussex.
p. Comes Huntingdon.
p. Comes Bathon.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Pembrooke.
p. Comes Hertford.
Comes Lincoln.
p. Comes Dorsett.
p. Comes Exon.
p. Comes Mountgomery.
Vicecomes Mountagu.
Vicecomes Bindon.
p. Vicecomes Lisle.
Ds. Bergevenny.
p. Ds. Audeley.
p. Ds. Zouch.
Ds. Willughby de Eresby.
Ds. Lawarr.
Ds. Berkeley.
p. Ds. Morley.
Ds. Clinton.
p. Ds. Stafford.
Ds. Scroope.
p. Ds. Dudley.
Ds. Stourton.
Ds. Herbert.
Ds. Darcie de Menell.
Ds. Mountegle.
Ds. Sandes.
p. Ds. Evre.
Ds. Wharton.
Ds. Rich.
p. Ds. Darcy de Chich.
Ds. Howard de Effingham.
p. Ds. North.
Ds. Chandos.
Ds. Hunsdon.
p. Ds. St. John.
Ds. Compton.
Ds. Norreys.
p. Ds. Howard de Walden.
p. Ds. Knollys.
p. Ds. Wotton.
p. Ds. Russell.
Ds. Graie.
p. Ds. Petre.
Ds. Harrington.
p. Ds. Danvers.
Ds. Gerrard.
p. Ds. Spencer.
p. Ds. Saie.
p. Ds. Denny.
p. Ds. Stanhope.
Ds. Carew.
Ds. Arundell.
p. Ds. Cavendish.
p. Ds. Knivett.
Ds. Clifton.

Assuring the Demesnes of Damerham.

HODIE 2a vice lecta est Billa, An Act for assuring the Farm and Demesnes of Dam'ham, and other Lands, in Wiltshire, according to His Majesty's Grant, and a former Grant made by King Edward the Sixth.

And was referred to Committees: videlicet,

L. Archbp. of Canterb.
E. of Sussex.
E. of Huntingdon.
L. Morley.
L. Mountegle.
L. Danvers.
E. of Hereforde.
L. Bp. of Durham.
L. Bp. of Chester.
L. Saie.
L. Stanhope.

Mr. Justice Warberton to attend the Lords.

To meet presently, in the Withdrawing Chamber, near the Parliament Presence.

Punishing Frauds in the Manufacturers of Wool and Woollen Yarn.

Hodie 2a vice lecta est Billa, An Act for the punishing and correcting of Deceits and Frauds, committed by Sorters, Combers, and Spinsters of Wools, and Weavers of Woollen Yarn.

And was referred to Committees: videlicet,

E. of Shrewesbury.
E. of Rutlande.
E. of Sussex.
E. of Hertforde.
L. Bp. of London.
L. Bp. of Norwich.
L. Bp. of Glocester.
L. Bp. of Chicester.
L. Zouch.
L. Morley.
L. North.
L. Knollys.
L. Wootton.
L. Petre.
L. Spencer.
L. Cavendish.
Lord Chief Justice of Englande,
Lord Chief Justice of the Common Pleas,
Mr. Dr. Hone,
Mr. Grimston.
To attend the Lords.

To meet on Tuesday, the 3d of July, by Eight of the Clock in the Morning, in the Little Chamber, near the Parliament Presence.

Lords to consider of the Business to be treated of, as the Conference this Afternoon.

The Lord Chancellor moved the Lords, To enter into Consideration of that which in the Afternoon is to be done with the Committees of the Lower House, and first to understand the Answer which His Majesty hath been pleased to give unto the Lords Committees, specially appointed by this House on Tuesday last, the 19th of this Instant June, to attend His Highness in the Business now in Treaty, and to be conferred of this Afternoon; which Motion was generally approved, and thereupon

His Majesty's Answer to the Proposals of the Commons.

The Lord Treasurer declared, That His Majesty, having graciously heard the Lords by this House appointed to attend His Highness, was pleased to remember, that the Proposition by their Lordships brought unto Him consisted (fn. *) of Three Points, which his Lordship particularly rehearsed; videlicet, the same which, on Monday the 18th of this Instant June, the Lower House, by their Messengers, proposed here unto the Lords; with Request, that, at the free Conference then by them desired, the Lords Committees of this House would come prepared to yield their Committees Satisfaction therein: And to the First Point, his Lordship shewed the King's Answer to be, "That He durst so far put Confidence in the Lords deputed by this House Committees, that He would leave in them an implicit Trust, to treat of whatsoever may tend to the Good and Ease of the Subject, without Touch to His Honour, or taking that from Him which He may not spare." To the Second, "His Majesty is pleased to set a Price, as is desired; howbeit, His Highness requireth to have one Night's Respite more, to sleep on it; and this Day, before the Conference, he will send His Answer and good Pleasure in Writing." Touching the Third Point, "His Majesty leaveth and doth repose Trust in the Lords, to propound, answer, and dispute, as they shall think good, and see Occasion."

The Lord Privy Seal, unto the Report of His Majesty's Answer, worthily delivered by the Lord Treasurer as aforesaid, added One Clause, given also by His Highness to be transferred to this House: videlicet, His Majesty was likewise pleased to require the Lords, in this Conference, to consider that they are all as Peers, and equal with the Council; and that, accord ingly, they will have equal and like Respect and Care of the Service, and be pares in onere."

Manner of Proceeding to be observed at the Conference.

Upon the Lord Chancellor's Motion, it was Agreed generally, That the Court shall be adjourned; and that afterwards the Lords will continue together in the House, and, by Way of Interlocution, advise, and accordingly direct, what and in what Manner the Lords Committees shall, in the Afternoon, speak to the Committees of the Commons House.

Ld. Sheffeild added to the Committee for Conference, tho not present when the Committee was named.

Generally Agreed, That the Lord Sheffeilde, who was not present on the 14th of February last, when Committees were nominated for conferring with the Lower House, shall be now added unto the same Committee.

Lord Abergavenny's Bill, and Lady Le Despencer's.

This Day, the Bill for enabling Edward Nevill, Lord Bergevenny, and Sir Henry Nevill, Knight, his eldest Son, to alien certain Lands, for Payment of their Debts, and Advancement of their Daughters and younger Sons, was brought into the House, with certain Amendments, by the Lord Privy Seal, one of the Committees, who declared, That the Effect, or Petition, of one other Bill, lately also exhibited by the Lady Le Despencer, for the settling of Part of the Possessions of Edward Nevill, Lord Bergevenny, according to One Act of Parliament, made in the Second and Third Years of the Reign of King Phillip and Queen Mary, and of certain Letters Patents, newly made thereof by His Majesty, to the said Edward Lord Bergevenny, is, by the Lords Committees, put into the said Bill; and that therefore their Lordships hold it fit, that the said Bill, so heretofore exhibited by the said Lady Le Despencer, shall sleep. His Lordship further shewed, That the said Lady doth humbly pray the Order, lately framed, by Direction of the Lords, concerning the Matter or Question of Precedency of the Baronies of Le Despencer and Bergevenny, which was here openly read in the House, on Monday, the 25th of this Instant June, and then approved generally by the Lords, may now be entered in the Journal Book of this House; and that thereupon her Ladyship may procure a Certiorari, to be directed to the Clerk of the Parliament, to certify the same Order, and all other the Proceedings had this Session of Parliament, touching the Premises, into the Court of Chancery, according to the Use and Custom in like Cases; and that the said Bill for enabling Edward Nevill, Lord Bergevenny, and Sir Henry Nevill, Knight, his eldest Son, to alien certain Lands, for Payment of their Debts, and Advancement of their Daughters and younger Sons, may not be sent down unto the Lower House, before the said Order and Premises shall, by virtue of a Writ of Certiorari as aforesaid, be certified into the said Court of Chancery; which humble Petition of her Ladyship was generally approved by the Lords, and the Effect thereof in both Points Ordered accordingly.

"A Declaration and Explanation of the Order and Determination of the Lords of the Upper House, in the First Session of this present Parliament, as well concerning the Titles of Dignity, as Precedency, of the Baronies of Le Despencer and Bergevenny.

The Order and Determination of His Majesty and the House, concerning the Dignity and Precedency of the Baronies of Le Despencer and Abergavenny, explained.

"Whereas Edward Nevill, of Bergevenny, in the First Session of this present Parliament, presented an humble Petition to the King's Majesty, in Form as followeth:

"That it would please His most Excellent Majesty (of His Gracious Inclination to support the Nobility of this His Realm of Englande) to vouchsafe, that the lawful Claim of His Highness's said most humble Subject and Suppliant, to the Name, Stile, and Dignity, of Baron of Bergevenny, might be heard, and, with His Highness's Allowance, determined, by the Lords and Peers of this Realm, in the High Court of Parliament, according as His Majesty's most Gracious Pleasure before that Time had been therein declared, and as our late Sovereign Queen Elizabeth, and other His Noble Progenitors and Predecessors, had heretofore referred Causes of like Nature:

"And whereas, upon Signification of His Majesty's Pleasure concerning the same, expressed by the Signing of the said Petition with His own Hand, and Reference of the Cause, according to the Petitioner's humble Request, unto the Hearing and Determination of the Lords and Peers in the Higher House of Parliament, calling the Competitors to it; the Lords Spiritual and Temporal took present Order for Performance of His Majesty's Direction therein; first, by calling as well the Competitors, namely, the Lady Mary Fane, sole Daughter and Heir of Henry late Lord Bergevenny, as also the said Edward Nevill, to give Attendance, with or by their Learned Counsel, for debating of the Cause; and then, by Direction given at the First Attendance and Arguing thereof before them, to set down in Writing, and deliver mutually each to other, their several Claims and Titles to the said Barony, together with their particular Precedents; and afterwards, by diligent Hearing of the said Cause Seven several Days debated in open Court before them, by the Learned Counsel on each Part; taking Knowledge both of the Declaration of their several Pretensions, Claims, and Titles, derived and deduced by their very ancient Pedigrees, and also of all their Reasons and Allegations, and likewise of all Precedents that they could shew, either proper and peculiar to their own Case and Instance of the same Barony, or applyable by Similitude and Example in like Cases of other Baronies, even so far forth as the said Learned Counsel, on either Part, in their several Turns and Times of Arguing and Debating, largely and orderly granted unto them, had aught to declare, alledge, or produce; forasmuch as, notwithstanding all the Allegations, Arguments, Reasons, Precedents, and Proofs on either Side, and the diligent Observation of the same; the Question nevertheless seemed not so perfectly and exactly resolved, as might give clear and undoubted Satisfaction to all the Consciences or Judgements of all the Lords, for the precise Point of Right; and yet so much was shewed and alledged on each Part, as, in the Opinion of the House (if it might stand with the King's good Pleasure and Grace), made them both capable and worthy of Honour: It was therefore moved, and so Agreed, That Information should be given unto the King's Majesty of all the Proceedings of the said Court in this Matter; and that humble Suit should be made to His Majesty from the Lords, for the ennobling of both Parties, by Way of Restitution, the one to the said Barony of Bergevenny, and the ancient Place belonging to the same, and the other to the Barony of Le Despencer, and the ancient Place belonging to the same (which Barony of Le Despencer, in former Times, the Ancestors of both the said Competitors also had and enjoyed, but now remained in His Majesty's Power to be disposed of); which humble Suit having been accordingly presented to His Majesty, by certain of the Lords thereunto chosen and appointed; and His most Gracious Answer received and delivered by the same Lords unto the House, of His Majesty's Pleasure and Assent, that both the Competitors should be ennobled, by Way of Restitution, according to the said humble Suit; and that nevertheless the Lords should proceed to determine upon which of the said Competitors the Dignity of the Barony of Bergavenny should, in their Judgements, be settled; and that on the other Party, which soever of them should not obtain that Barony of Bergavenny, the Barony of Le Despencer should in like Sort be settled: The Lords, upon this Signification of His Majesty's good Pleasure, having, the 23d Day of May, in that Session of Parliament, proceeded to a final Hearing of the Counsel Learned, for so much as remained to be delivered touching the Precedents; and thereupon having entered into some Debate, whether they should presently deliver their Opinions, or take some Respite till another Day to consider thereof first with themselves; it was, by the more Voices, determined, That it should presently be put to the Question, and they then deliver their Judgement: And the Question being in this Form propounded by the Lord Chancellor, Whether the Heir Male should have the Dignity of Bergavenny, or the Heir General; and that they which would give their Voice for the Heir Male should express it by saying "NEVILE," the others for the Heir General by saying "FANE;" it was Agreed and Resolved, by the greater Number of Voices for the Heir Male, That Nevile should be restored to the said Barony of Bergavenny, and settled therein: Whereupon another Question also being immediately propounded, Whether the Lady Fane and her Heirs should be restored to the Dignity of the Barony of Le Despencer or no, it was, by full Consent of the whole House, Resolved, That the said Lady Fane and her Heirs should, according to His Majesty's Gracious Pleasure signified in that Behalf, be restored to the said Dignity of the Barony of Le Despencer, and settled therein: And so both Parties, by the Determination and Agreement of the House, were adjudged meet to be ennobled, by Way of Restitution unto the said several Baronies. This being concluded and determined as aforesaid, it was ORDERED, That Report should be made unto the King's Majesty, by the same Lords that presented the former humble Suit for ennobling both Parties, of this Determination and Judgement of the House; and that they should desire therein to understand His Majesty's further Pleasure; which Report having been made accordingly to His Highness, it pleased Him graciously to give Approbation and Allowance to the Proceeding and Determination of the House; and thereupon signed a Warrant for a Writ of Summons to the Parliament of the said Edward Neville, as Baron of Bergavenny, with His Majesty's Approbation of the ancient Place and Precedence thereunto belonging; and, by his Letters Patents, under the Great Seal of Englande, restored the Lady Fane and her Heirs to the Dignity of the Barony of Le Despencer, and to the eminent Place and Precedence belonging to the same; the Tenor of which His Majesty's said Warrant, and Writ of Summons, and Letters Patents, is verbatim hereafter written; and, by virtue of the said Writ of Summons, the Lord Bergavenny was brought into the House, in his Parliament Robes, the 26th of the said Month of May, by the Lord Lawarr and by (fn. *) the Lord Stafford, in their Parliament Robes also, and took his Place or Room next above the Lord Awdley; and the said Letters Patents were likewise publickly read the same Day in the House. After this Order and Proceeding in the House, by His Majesty's Direction, as aforesaid, some Question was moved, concerning the Precedence of the said Baronies of Bergavenny and Le Despencer; and thereupon, for the deciding and clearing of the said Doubt and Question, the Lords did refer the Examination and Consideration thereof unto the Commissioners for Causes belonging to the Office of Earl Marshal of England; who, having called unto them the principal Heralds, and other Officers at Arms, and received Information from them, as also considered of sundry ancient Records pertaining thereunto, did set down, under their Hands and Seals, their Order and Judgement, touching the Precedency and Preeminency of the said Baronies, which was read in the House the Sixth of July, in the said First Session of this present Parliament, and commanded by the Lords to be also entered in the Journal Book."

"Here followeth the Copy of His Majesty's Warrant for the Writ of Summons, signed with His Majesty's Hand:

His Majesty's Warrant for the Writ of Summons to Lord Abergaverny.

"Fiat Breve, sub Magno Sigillo Nostro Angliæ, ad summoniendum Edwardum Nevill, de Bergavenny, Chlr. ad præsens Parliamentum Nostrum, Datum vicesimo quinto die Maii, Anno Regni Nostri Angliæ, Franciæ, et Hiberniæ Secundo, et Scotiæ Tricesimo septimo. Thomæ Domino Ellesmere, Cancellario Nostro Angliæ."

"Copy of the Writ of Summons:

His Writ of Summons.

"JACOBUS, Dei Gratia, Angliæ, Scotiæ, Franciæ, et Hiberniæ Rex, Fidei Defensor, etc. Prædilecto et Fideli Nostro Edwardo Nevill, de Bergavenny, Chlr. Salutem.

"Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angliæ et Ecclesiæ Anglicanæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. decimo nono die Martii, ultimo præterito, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni, Colloquium habere et Tractatum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, confideratis dictorum Negotiorum Arduitate, et Periculis imminentibus, cessante Excusatione quacunque, vicesimo sexto die instantis mensis Maii, ad præsens Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractaturi, vestrumque Consilium impensuri. Et hoc, sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædictæ, Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis. Teste Meipso, apud Westm. vicesimo quinto die Maii, Anno Regni Nostri Angliæ, Franciæ, et Hiberniæ Secundo, et Scotiæ Tricesimo septimo."

"Copy of His Majesty's Letters Patents for Restitution of the Lady Marye Fane, and her Heirs, to the Dignity of the Barony of Le Despencer.

Letters Patents to Lady Mary Fane, restoring her to the Barony of Le Despencer.

"JACOBUS, Dei Gratia, Angliæ, Scotiæ, Franciæ, et Hiberniæ Rex, Fidei Defensor, etc. Archiepiscopis, Ducibus, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Præpositis, et allis Officiariis, Ministris, et Subditis Nostris quibuscunque, Salutem.

"Cum Hugo Le Despencer, quondam Justiciarius Angliæ, Tempore Regni Henrici Tertii, quondam Regis Angliæ, fuit unus ex Magnatibus, Proceribus, et Baronibus, Regni Angliæ, per Nomen Baronis Le Despencer, sibi et Hæredibus suis; cumque Maria Fane, unica Filia et Hæres Henrici Baronis de Abergavenny, Filii et Hæredis Georgii Baronis de Abergavenny, Filii et Hæredis Georgii Baronis de Abergavenny, Filii et Hæredis Elizabethæ, Primogenitæ Filiæ Isabellæ unicæ Sororis et Hæredis Ricardi Le Despencer, Filii Thomæ Le Despencer, Comitis Glouc. et Baronis Le Despencer, Filii Edwardi Baronis Le Despencer, ex Elizabetha unica Filia et Hærede Bartholomei Baronis Burghersh, Filii Edwarde Le Despencer, Filii Hugonis Baronis Le Despencer, Filii Hugonis Le Despencer, Comitis Winton, et Baronis Le Despencer, Filii Hugonis prænominati Baronis Le Despencer, Justiciarii Angliæ, qui summonitus fuerat ad Parliamentum, inter Proceres et Magnates Regni Angliæ, Anno Quadragesimo nono præfati Henrici Tertii, quondam Regis Angliæ, non solum Honoratissimo et Clarissimo Genere sit prognata, verum etiam omnium Virtutum Præsidiis ita munita, ut Majoribus suis se dignissimam præbeat; duosque suscepit Filios, Franciscum et Georgium, Equestris Ordinis Viros, Corporis Animique Dotibus præclaros, promptos paratosque Patriæ et Principi strenuam Operam Domi Bellique navare; unamque Filiam, Roberto Brett, Militi, Servienti Nostro, enuptam: Nos, cogitantes, et Animo destinantes, restituere, dare, et concedere Nomen, Stilum, Titulum, Gradum, Honorem, et Dignitatem Baronis Le Despencer, et antiquum ejusdem Locum, Sedem, Præeminentiam et Præcedentiam, per Advisamentum et unanimem Consensum omnium et singulorum Dominorum Spiritualium et Temporalium in præsenti Parliamento, de Gratia Nostra speciali, ac ex certa Scientia et mero Motu Nostris, præfatam Mariam ad Statum, Gradum, Titulum, Stilum, Nomen, Honorem, et Dignitatem Baronissæ Le Despencer, restituimus, ereximus, præfecimus, declaravimus, creavimus, et stabilivimus; ipsamque Mariam in Baronissam Le Despencer, tenore præsentium, restituimus, erigimus, præficimus, declaramus, creamus, et stabilimus; eidemque Mariæ Nomen, Titulum, Statum, Stilum, Honorem, et Dignitatem Baronissæ Le Despencer imponimus, damus, concedimus, præbemus, ratificamus, et confirmamus, per præsentes; habendum et tenendum prædictum Statum, Gradum, Titulum, Nomen, Stilum, Dignitatem, et Honorem Baronissæ Le Despencer præfatæ Mariæ, et Hæredibus suis, imperpetuum; volentes, et, per præsentes, pro Nobis, Hæredibus et Successoribus Nostris, concedentes, quod eadem Maria prædictum Nomen, Statum, Gradum, Titulum, Stilum, Honorem et Dignitatem Baronissæ Le Despencer, durante Vita sua naturali, gerat et habeat; quodque, post Mortem prædictæ Mariæ, Hæredes sui Nomen, Statum, Gradum, Titulum, Stilum, Honorem, et Dignitatem Baronum Le Despencer successive gerant et habeant, et eorum quilibet gerat et habeat; et quod eadem Maria, durante Vita sua naturali, per Nomen Baronissæ Le Despencer vocetur et nuncupetur; et quod, post ejus Decessum, Hæredes sui per Nomen Baronum Le Despencer successive vocentur et nuncupentur, et corum quilibet vocetur et nuncupetur; quodque eadem Maria, durante Vita sua, Baronissa Le Despencer in omnibus teneatur, et ut Baronissa tractetur et reputetur; et quod, post Decessum præfatæ, Mariæ, Hæredes sui successive Barones Le Despencer in omnibus teneantur, et ut Barones tractentur, et reputentur, et eorum quilibet teneatur, tractetur et reputetur, habeantque, teneant, et possideant, et eorum quilibet habeat, teneat, et possideat, talem Sedem, Locum et Vocem, in Parliamentis, et Publicis Comitiis atque Consiliis Nostris, Hæredum et Successorum Nostrorum, infra Regnum Nostrum Angliæ, inter alios Barones, ut Barones Parliamentorum, et Publicorum Comitiorum et Conciliorum, quales prædictus Hugo Le Despencer, quondam Justiciarius Angliæ, aut prædictus Hugo Le Despencer, quondam Comes Winton, ut Baro Le Despencer, Temporibus retroactis, habuit, tenuit, ac gavisus fuit, nec non gaudeant et utantur, et eorum quilibet gaudeat et utatur successive, per Nomen Baronis Le Despencer, omnibus et singulis Talibus, Juribus, Privilegiis, Locis, Pre-eminentiis, et Immunitatibus, Statui Baronis in omnibus rite et de jure pertinentibus, qualibus præfatus Hugo Le Despencer, quondam Justiciarius Angliæ, aut prædictus Hugo Le Despencer, quondam Comes Winton, ut Baro Le Despencer, dudum honorificentur, usus et gavisus fuit; et hoc, absque Fine seu Feodo, magno vel parvo, in Hanaperio Nostro, seu alibi, ad Usum Nostrum, proinde quoquo modo reddendo, solvendo, seu faciendo; eo quod expressa Mentio de vero Valore Annuo, aut de aliquo alio Valore, vel Certitudine Præmissorum, sive eorum alicujus, aut de aliis Donis seu Concessionibus, per Nos, seu per aliquem Antecessorum seu Progenitorum Nostrorum, præfatæ Mariæ Baronissæ Le Despencer ante hæc Tempora facta, in præsentibus minime facta existit, aut aliquo Statuto, Actu, Ordinatione, Provisione, Proclamatione, five Restrictione, in contrarium ante hæc habita, facta, edita; Ordinatione seu Provisione aut aliqua alia Re, Causa, vel Materia quacunque, in aliquo non obstante. In cujus Rei Testimonium, has Literas Nostras fieri fecimus Patentes. Teste Meipso, apud Westm. vicesimo quinto die Maii, Anno Regni Nostri Angliæ, Franciæ, et Hiberniæ Sccundo, et Scotiæ Tricesimo septimo."

"Copy of the Order of the Commissioners for the Earl Marshal's Office, concerning their Proceedings and Judgement in the Controversy for the Precedency of the Baronies of Bergavenny and Le Despencer.

Order of the Commissioners for the Office of Earl Marshal, for setling the Precedency between the Baronies of Le Despencer and Abergavenny.

"Whereas the King's most Excellent Majesty, by His Letters Patents under the Great Seal of Englande, dated at Westm. the 25th Day of May, in the Year of His Majesty's Reign of England, France, and Irelande the Second, and of Scotland the Thirty-seventh, for certain Causes and Considerations, purposing and resolving to restore, give, and grant, the Name, Stile, Title, Degree, Honour, and Dignity, of the Barony of Le Despencer, and the ancient Place, Seat, Preeminence, and Precedence thereof, did, of His own certain Knowledge and meer Motion, by the Advice, Assent, and Consent, of all and singular the Lords Spiritual and Temporal in this present Parliament assembled, restore, erect, make, declare, create, and establish, Mary Fane, to the State, Degree, Title, Stile, Name, Honour and Dignity of Baroness Le Despencer; to have and hold the said State, Degree, Title, Stile, Honour, Name, and Dignity of Baroness Le Despencer, to the said Marie and her Heirs for ever, with all and every such Place and Pre-eminence as Hugh Le Despencer, some Time Justice of England, or Hugh Le Despencer, some Time Earl of Winchester, as Baron Le Despencer, had, used, or enjoyed, as in and by the said Letters Patents (whereof we have advisedly considered) more at large doth and may appear; since which Time, to the Intent that the said Mary Baroness Le Despencer and her Heirs, may have and enjoy the true and ancient Place, Seat, Pre-eminence, and Precedence, of the Barons Le Despencer, according to the said Letters Patents, the Examination and Consideration thereof was, by the Lords Spiritual and Temporal of this present Parliament, referred unto us, whose Names are hereunder written, Commissioners for Causes belonging to the Office of Earl Marshal of England, we, upon Sight and Consideration had of sundry ancient Summons to Parliament, and other Records, and, for our better Information and Satisfaction therein, having called the principal Heralds and other Officers at Arms before us, and hearing what they could say, produce, and alledge, in that Behalf, have found, and do with one Voice adjudge and determine, That the Place, Seat, Precedency, and Pre-eminence, of the Barons Le Despencer, anciently was, is, and ought to be, before and above that of the Barons of Abergavenny, who now, during the Life of the said Baroness Le Despencer, holdeth and enjoyeth the first and highest Place and Seat, and hath Precedency and Pre-eminence of and among the Barons of this Realm, as Barons of Parliament: and we do therefore decree and order, That both the said Mary, during her Natural Life, in all Places, Resorts, Meetings, and Assemblies, meet for her Sex; and, after her Decease, her Heirs, in all Parliaments, Councils, Resorts, Meetings, Assemblies, and Places, shall successively have, hold, and enjoy the same, as honourably, amply, and beneficially, in all respects, as to the Degree and State of such a Baron doth belong, or hath been heretofore allowed, used, or accustomed; saving and reserving to all other the Lords and Barons of this Realm, which now are, or hereafter shall be, their just Right, Interest, Title, Claim, and Competition, to any Place, Seat, Precedence, and Pre-eminence; any Thing herein contained to the contrary notwithstanding. In Witness whereof, we have put to these Presents our Hands and Seals. Given at His Majesty's Palace of Whitehall, the 27th Day of May, in the Year above-mentioned.

"Signed by the Earls hereunder named; videlicet,

"Earl of Nottingham.

"Earl of Suff.

"Earl of Woorcester.

"Earl of Northampton.

Precedency finally settled in Favour of the Barony of Le Despencer.

"All which Premisses, in Manner aforesaid, are entered in the Journal Book of the said First Session of this present Parliament, as by the same it doth appear; in the Entry of which Order, there is no Mention made that the said Lord Bergavenny was heard by his Counsel Learned, to say what they could alledge on his Behalf, touching his Right of Precedency, then in Question between him and the said Baroness Le Despencer; or that the Order, or Judgement of the said Lords Commissioners, after that the same was related unto the House, did receive the Allowance or Approbation of the said Lords and Peers; albeit the said Lord Bergavenny, with his Counsel Learned, was fully heard therein; and that the said Order and Judgement of the said Commissioners was generally approved by the Lords; and their Lordships being desirous that some Course might be taken for the Certifying of the Entry of the said Order, and the clear Declaration what their Intention then was, touching the Premisses; and that the said Order and Judgement of the said Lords Commissioners, touching the Right of Precedency of the said Baronies, might be fully established and ratifyed, to the End that no more Question or Dispute might be had hereafter touching the same; therefore the said Lords, taking Consideration of the said Order entered in the said Journal Book, and maturely advised thereof; and very well remembring and taking Notice, as well by Relation of the said Commissioners as of their own Knowledge, that the said Lord Bergavenny, with his Counsel Learned, was fully heard, before the said Order of the said Lords Commissioners was reported into the House; and that the same Order of the said Commissioners was, upon Report made thereof unto the said Lords, generally allowed and approved by their Lordships: Therefore, to the End that neither His Majesty nor their Lordships should hereafter be troubled with any further Dispute or Question touching the Precedency of the said Baronies, their Lordships, this present 25th Day of June, having eftsoones heard the said Order and Judgments of the said Lords Commissioners, touching the said Precedency, publickly read in the Upper House of Parliament, do, with one Assent, declare, That they do all of them allow and approve the said Order and Judgement, touching the said Precedency; and do decree and adjudge, That the same shall be hereafter, at all Times, held and enjoyed, according to the said Order and Judgement."

Adjourn.

Dominus Cancellarius continuavit præsens Parliamentum usque in diem Jovis, videlicet, 28m Junii, hora nona.

Footnotes

* Origin. on.
* Bis in Origin.