House of Lords Journal Volume 3
5 May 1621

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 3: 5 May 1621', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 109-111. URL: http://www.british-history.ac.uk/report.aspx?compid=30305 Date accessed: 21 October 2014.


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DIE Sabbati, videlicet, 5 die Maii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Carolus Princeps Walliæ, etc.

p. Archiepus. Cant.
p. Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Exon.
Epus. Petriburg.
Epus. Hereforden.
p. Epus. Wigorn.
p. Epus. Assaphen.
Epus. Norwicen.
Epus. Roffen.
Epus. Glocestren.
Epus. Meneven.
p. Epus. Covent. et Lichf.
Epus. Carlien.
p. Epus. Bathon. et Well.
p. Epus. Bangor.
p. Epus. Elien.
p. Epus. Lincoln.
p. Epus. Cicestren.
p. Epus. Oxon.
Epus. Bristol.
Epus. Cestren.
p. Epus. Landaven.
Epus. Sarum.
p. Jac. Ley, Miles et Bar. Ds. Capit. Justic. Locum tenens, etc.
p. Vicecomes Maundevil, Mag. Thes. Angliæ.
Comes Wigorn. Ds. Custos Privati Sigilli.
p. Marchio Buck. Mag. Admirallus Angliæ.
Marchio Winton.
p. Comes Oxon. Magnus Camerar. Angliæ.
Comes Richmond, Sen. Hospitii.
p. Comes Pembroc. Camer. Hospitii.
p. Comes Arundell. et Surr.
Comes Northumbr.
Comes Nottingham.
Comes Salop.
Comes Kanciæ.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
p. Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Suff.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgewater.
Comes Leicestr.
Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cantabr.
p. Comes March.
p. Comes Holdernesse.
Comes Berks.
Vicecomes Mountague.
Vicecomes Wallingford.
p. Vicecomes Doncaster.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
Vicecomes Feildinge.
Ds. Abergaveny.
Ds. Audeley.
p. Ds. Zouch.
Ds. Willoughby de Er.
Ds. Lawarr.
Ds. Morley et Mounteg.
Ds. Dacres de Herst.
p. Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert.
Ds. Darce de Shep.
Ds. Darce de Menell.
Ds. Sandis.
Ds. Vaux.
Ds. Windsor.
p. Ds. Wentwoorth.
Ds. Mordant.
p. Ds. Cromwell.
Ds. Evre.
Ds. Wharton.
Ds. Willoughby de Par.
p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. Darce de Chich.
p. Ds. North.
p. Ds. Chandois.
p. Ds. Hunsdon.
p. Ds. St. John de Bletso.
p. Ds. Howard de Walden.
Ds. Wotton.
p. Ds. Russell.
p. Ds. Petre.
p. Ds. Gray de Groby.
p. Ds. Danvers.
p. Ds. Gerard.
p. Ds. Spencer.
p. Ds. Say et Seale.
Ds. Denny.
Ds. Stanhope de Har.
p. Ds. Carew.
Ds. Arundel.
Ds. Knyvett.
Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Shel.
Ds. Noel.
Ds. Digby.

Perkins.

THIS Day, before the Court was set, James Perkins took the Oaths of Supremacy and Allegiance, having formerly exhibited his Bill to be Naturalized.

Lords Leave to be absent.

L. Denny,
L. Bp. of Bristoll,
L. Bp. of Sarum,
Have Leave to be absent.

Jurati in Causa Johannis Bennett, Militis: videlicet,

Sir Robert Hitcham, Knt. the King's Serjeant.
William Tygh.
Thomas Yorke.
Richard Maxie.
William Owen.
Thomas Tyler.
Edward Willett.
Richard Williamson.
John Oade.
Robert Davies.
John Hull.
Philip Holman.
Thomas Newman.
Richard Kilvarde.
Edward Cage.
Thomas Styles.
Thomas Hill.
Richard Adams.
Robert Hill.
William Coates.
Thomas Woodward.
Samues Nest.

Contentious Suits against Peace Officers.

Hodie 2a vice lecta est Billa, An Act to make perpetual the Act made for Ease in pleading against troublesome and contentious Suits, prosecuted against Justices of the Peace, Mayors, Constables, and certain others His Majesty's Officers, for the lawful Execution of their Office, made in the Seventh Year of His Majesty's Reign. And committed unto the

L. Treasurer.
E. of South'ton.
L. Bp. of Duresme.
L. Bp. of Bath and Wells.
L. Scrope.
L. Sheffeild.
L. Hunsaon.
L. Russell.
Mr. Justice Doddridge,
Mr. Justice Hutton,
To attend the Lords.

Who went presently into the Committee Chamber, to consider of the same Bill; and returning, the Lord Treasurer reported, That the Bill was fit to have a Third Reading.

Hodie 3a vice lecta est Billa prædicta; and, being put to the Question, was generally assented unto, nemine dissentiente.

Young's Naturalization.

Hodie 2a vice lecta est Billa, An Act for the Naturalizing of John Yonge, Doctor of Divinity, and Dean of Winchester; and Ordered to be ingrossed.

Jacobson's D°.

Hodie 1a vice lecta est Billa, An Act for the Naturalizing of Jacob Jacobson, of London, Merchant.

Brown's D°.

Hodie 2a vice lecta est Billa, An Act for the Naturalizing of Percye Browne and Mary Browne, Children of Sir William Browne, Knight, Lieutenant Governor of His Majesty's Cautionary Town of Flushing; and Ordered to be ingrossed.

Rectory of Dorking to Trevor and Bryan.

Hodie 2a vice lecta est Billa, An Act for Confirmation of a Bargain and Sale of the Rectory of Dorking, and certain Lands in Surrey, heretofore made by the Right Honourable Charles Earl of Nottingham, and William late Lord Howard of Essingham, deceased, unto Thomas Trevor and William Bryan, and their Heirs. And committed unto,

E. of Oxon.
E. of Hunt.
E. of Suff.
L. Bp. of Winchester.
L. Bp. of Bangor.
L. Bp. of Chichester.
L. Bp. of Oxon.
L. Bp. of Chester.
L. Sheffeild.
L. North.
L. Hunsdon.
E. of Dorsett.
E. of North'ton.
L. St. John.
L. Walden.
L. Russell.
L. Danvers.
L. Spencer.
L. Say.
L. Petre.
The Lord Chief Baron,
Mr. Justice Doddridge,
Mr. Serjeant Hitcham,
To attend the Lords.

To meet in the Painted Chamber, on the Eighth of this May, at Three in the Afternoon, and Counsel on each Side to have Warning to be there.

Judgment of the Commons against Floud resented.

The House being moved to take Consideration of An Act lately done by the Commons, in conventing before them the Person of one Edward Floud, in examining of Witnesses, and giving Judgment upon him, and entering this as An Act with them; the which doth trench deep into the Privilege of this House, for that all Judgments do properly and only belong unto this House;

The Lords Resolved, not to suffer any Thing to pass which might prejudice their Right in this Point of Judicature; and yet so to proceed, as the Love and good Correspondency between both Houses might be continued.

Whereupon, after mature Deliberation had, they sent this Message in Writing unto the Commons, by Mr. Justice Doddridge, and Mr. Justice Hutton;

Message to the Commons concerning Floud.

"The Lords, during all this Parliament, have had much Contentment, in the good Correspondence that hath been between both Houses.

"Their Lordships have an earnest Affection and an assured Confidence of the happy Continuance of it to the End, with a full Resolution of all possible Endeavours on their Parts tending thereunto.

"Their Lordships, having heard of a Censure lately passed in that House, against one Edward Floud, are desirous of Conference, for the accommodating that Business, in such sort as may be without any Prejudice to the Privilege of either House.

"This Conference they desire (if it may so stand with the Occasions of that House) may be between the whole Houses, at Three of the Clock in the Afternoon, in the Painted Chamber; with Power to each Committee to treat and confer freely, and to understand each other's Reasons."

And, to the End the Lords might amongst themselves agree in what Manner to proceed at the said Conference, the House was adjourned ad libitum, for the more Freedom of Speech; and, being resumed, it was Agreed,

That, at this Conference, they desired the Lord Archbishop of Canterbury should begin; and the Lord Treasurer, the Lord Chamberlain, and Earl of South'ton, argue and dispute.

Answer.

Answer returned by the Messengers of this House: videlicet,

The Commons received this Message with a great deal of Comfort and Content. They took the Copy of the Message; and will send their Lordships Answer by Messengers of their own, this Forenoon.

Message from the Commons concerning Floud.

Message from the Commons, by Sir Lyewell Cranfeild, and others: videlicet, "The Knights, Citizens and Burgesses of the House of Commons have commanded me to let your Lordships understand, that they take great Comfort in the Message your Lordships sent them; and desire the happy Continuance of the Love and Amity of both Houses. Their whole House (as a Committee) will meet your Lordships, at the Conference desired, at the Time and Place by your Lordships appointed."

Supersedeas, &c.

The Lords Committees on the Bill of Supersedeas and Certiorari are to meet on Monday next, the Seventh of this May, at Eight in the Morning.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam 2m post meridiem.

Post meridiem,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Carolus Princeps Walliæ, etc.

p. Archiepus. Cant.
p. Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Exon.
Epus. Petriburg.
Epus. Hereforden.
p. Epus. Wigorn.
p. Epus. Assaphen.
Epus. Norwicen.
Epus. Roffen.
Epus. Glocestren.
Epus. Meneven.
p. Epus. Covent. et Lichf.
Epus. Carliel.
p. Epus. Bathon. et Well.
p. Epus. Bangor.
p. Epus. Elien.
p. Epus. Lincoln.
p. Epus. Cicestren.
p. Epus. Oxon.
Epus. Bristol.
p. Epus. Cestren.
p. Epus. Landaven.
Epus. Sarum.
p. Jac. Ley, Miles et Bar. Ds. Capit. Justic. Locum tenens, &c.
p. Vicecomes Maundevil. Mag. Thes. Angliæ.
Comes Wigorn. Ds. Custos Privati Sigilli.
Marchio Buck. Mag. Admirallus Angliæ. Marchio Winton.
p. Comes Oxon. MagCamer. Angliæ.
Comes Richmond, Sen. Hospitii.
p. Comes Pembroc. Cam. Hospitii.
p. Comes Arundel et Surr.
Comes Northumbr.
Comes Nottingham.
Comes Salop.
Comes Kanciæ.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
p. Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Suff.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgewater.
Comes Leicester.
Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cantabr.
p. Comes March.
p. Comes Holdernesse.
Comes Berks.
Vicecomes Mountague.
Vicecomes Wallingford.
p. Vicecomes Doncaster.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
Vicecomes Feildinge.
Ds. Abergaveny.
Ds. Audeley.
p. Ds. Zouch.
Ds. Willoughby de Er.
Ds. Lawarr.
Ds. Morley et Mounteg.
Ds. Dacres de Herst.
p. Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert de Sh.
Ds. Darce de Menel.
Ds. Sandis.
Ds. Vaux.
Ds. Windsor.
p. Ds. Wentwoorth.
Ds. Mordant.
p. Ds. Cromwell.
Ds. Evre.
Ds. Wharton.
Ds. Willoughby de Par.
p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. Darce de Chich.
Ds. North.
p. Ds. Chandois.
p. Ds. Hunsdon.
p. Ds. St John de Bletso.
p. Ds. Howard de Walden.
Ds. Wotton.
p. Ds. Russell.
p. Ds. Petre.
p. Ds. Gray de Groby.
p. Ds. Danvers.
p. Ds. Gerard.
p. Ds. Spencer.
p. Ds. Say et Seale.
Ds. Denny.
Ds. Stanhope de Harr.
p. Ds. Carew.
Ds. Arundell.
Ds. Knyvett.
Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Shel.
Ds. Noel.
Ds. Digby.

Commons not Judges in Parliament. 1 H. IV.

PRAYERS being said, the House was adjourned ad libitum. And Mr. Serjeant Crew having opened the Precedent of the Parliament, Anno 1° Henrici Quarti, which sheweth, that the Commons are not Judges in Parliament, but that Judicature belongs unto the Lords;

The whole House went as a Committee into the Painted Chamber.

Being returned, the House was resumed; and it was Agreed, That the Judges and King's Counsel should consider of the Collections of what the Commons alledged for their Right of Judicature.

Free Trade in Welsh Cloths, &c.

The Lords Committees of the Bill, An Act for the free Trade and Traffick of Welsh Cloths, Cottons, &c. through the Kingdom of England, and Dominion of Wales, are to meet on Tuesday next, the Eighth of this May, at Eight in the Morning, in the Painted Chamber.

Swearing.

The Lords Committees of the Bill, An Act to prevent and reform prophane Swearing and Cursing, are to meet on Wednesday next, the Eighth of this May, at Two in the Afternoon, in the Painted Chamber.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, septimum diem instantis Maii, hora nona.