House of Lords Journal Volume 3: 30 November 1621

DIE Veneris, videlicet, 30 die Novembris,

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

The Subject to plead the General Issue in Informations of Intrusion.

HODIE 1^a vice lecta est Billa, An Act to admit the Subject to plead the General Issue, in Informations of Intrusion brought on the Behalf of the King's Majesty, and to retain his Possession till Trial.

Farmers, &c. of Crown Lands.

Hodie 1^a vice lecta est Billa, An Act for Relief of Patentees, Tenants, and Farmers of Crown Lands and Dutchy Lands, in Cases of Forfeiture, for not Payment of their Rents, or other Services or Duties.

Estates of Persons attainted liable to their Debts.

Hodie 1^a vice lecta est Billa, An Act for making of Estates of attainted Person liable to the Payment of their just and due Debts.

Licences of Alienation.

Hodie 1^a vice lecta est Billa, An Act for Ease in the obtaining of Licences of Alienation, and in the Pleading of Alienations with Licence, or of Pardons of Alienations without Licence, in the Court of Exchequer or elsewhere.

Exportation of Woollen Manufactures.

Hodie 1^a vice lecta est Billa, An Act restoring the free Trade of the Merchants of the Staple for the Exportation of Cloth, and all other Manufactures made of Wool, into Parts beyond the Seas.

Exportation of Ordnance.

Hodie 3^a vice lecta est Billa, An Act for restraint of the Transportation of Ordnance.

And for that it is not expressed in this Act, That the Nobility shall have their Trial by their Peers for any Thing made Felony hereby; the Lords required the Judges to deliver their Opinion, whether, in this Case, the Nobility shall be tried by their Peers notwithstanding, or no? And the Judges then present, videlicet,

The Lords are to be tried by their Peers in all Cases.

Having first consulted thereof in private amongst themselves, delivered their Opinion to be, That, in all Cases, the Lords are to be tried by their Peers, unless they be excepted by particular Words. And the Clerk was commanded to enter this into the Journal Book.

And then the said Bill, being put to the Question, was generally Assented unto.

The House was moved, That the Lords Committees of the Customs and Orders of this House, and Privileges of the Peers of the Kingdom, or Lords of Parliament, would be pleased to repair into the Little Committee Chamber, for that their Sub-Committees had Matters of Importance to impart unto their Lordships, touching the said Privileges.

Committee of Privileges.

Whereupon, the Names of the said Committees being read, they went into the said Chamber accordingly; and, after some Stay there made, and returned, the Lord Archbishop of Canterbury reported, That there being an Order made in this House, for the said Committee to take Consideration of the Custom and Orders of this House, and Privileges of the Peers of the Kingdom, or Lords of Parliament; and a Sub-Committee being made out of the same, who had Authority given them by the House, under the Hands of Three of the said Sub-Committee, to give Warrant to certain Persons to make Search amongst the Records for the said Privileges; and whereas their Lordships (pursuing their Authority) deputed Mr. John Selden for the said Search, wherein much Pains had been taken (and great Cost bestowed therein by the House), and Copies of the same Records fair written in a Book, and presented to their Lordships; that the same, being left in the Hands of the said Mr. Selden, at the last Recess of this Parliament, to be presented unto their Lordships again at the Access to the same, were taken away from him, in a Search amongst his Papers, by His Majesty's Command, for Matters of State. And the same being restored unto Mr. Selden again, and reviewed by the said Sub-Committee, many of the said Papers were missing.

The Lord Haughton also reported what Papers were missing.

Sub-Committees to have Authority to appoint Persons to search and transcribe Records.

Whereupon (after long Debate of this Matter) it was Ordered, That the Lords Sub-Committees of Privileges, &c. shall have the same Authority which they formerly had, to appoint Mr. Selden and others to search the Records, and to transcribe them, and to supply the Defect of the said Book of Privileges, &c. and to perfect it as it was before.

Exportation of Money.

The Lord Treasurer reported, That Eighteen of the Lords Committees on the Bill against Transportation of Money met on Wednesday last, being the 28th of this November, as was appointed by the House; but, the Number of the Committees being great, and the better Half not appearing, they could not proceed by the Orders of the House.

Whereupon it is Ordered, That, if Ten or upwards of any Committee do meet (though not Half of their Number), they may proceed notwithstanding.

Concealments.

Whereas the Lords Committees on the Bill touching Concealments were appointed to meet this Day, at Two in the Afternoon, in the Painted Chamber, the same is deferred until Tuesday next (the Fourth of December), at Two in the Afternoon, in the same Place.

Conner, for counterfeiting Lord Rochford's Hand.

It is Ordered, That Con Conner, who counterfeited the Hand and Seal of the Lord Viscount Rochford, be brought before their Lordships on Monday next, at Nine, to answer the same.

Whorewood Petition.

The Petition of William Whorewood, Servant to the Lord Stafford, and now Prisoner in Execution in The Compter, by the Procurement of Thomas Whorewood and Robert Alvered, who knew the Petitioner to be privileged, was read.

Ordered, That His Majesty's Writ of Hebeas corpus cum causa be awarded, and directed to the Sheriffs of London, to bring the Body of the said William Whorewood before their Lordships, To-morrow Morning, at Nine of the Clock.

Whorewood and Aldrich.

And also it is Ordered, That the Serjeant at Arms attending this Court do bring before their Lordships the Bodies of the said Thomas Whorewood and Aldriche, to answer their said Contempt, in Breach of the Privileges of this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 1^m diem Decembris, hora nona, Dominis sic decernentibus.