House of Lords Journal Volume 3: 16 March 1624

DIE Martis, videlicet 16 die Martii,

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

p. Carolus Princeps Walliæ, etc.

Earl of Warwick's Leave of Absence.

THE Earl of Warwick hath Leave to be absent.

The Prince to grant Leases of his Dutchy Lands of Cornwall.

Hodie 1^a vice lecta est Billa, An Act to enable the most Excellent Prince Charles to make Leases of Lands, Parcel of his Highness's Dutchy of Cornewall, or annexed to the same.

Ditto.

Hodie 2^a vice lecta est eadem Billa; and committed unto the

To meet presently, in the Painted Chamber.

And so their Lordships did; and being returned, the Lord Archbishop of Cant. reported the same Bill sit to pass, without any Amendment.

Ditto.

Hodie 3^a vice lecta est Billa prædicta; and, being put to the Question, was generally Assented unto, and so Expedited.

River Thames navigable to Oxford.

The Lord Archbishop of Cant. reported the Bill, intituled, An Act to make the River of Thames Navigable, for Barges, Boats, and Lighters, from the Village of Bercott, in the County of Oxon, unto the University and City of Oxon, as fit to pass, with Two small Amendments; the which Amendments were presently Twice read, and the Bill Ordered to be ingrossed accordingly.

Sir Richard Lumley to sell Lands for certain Uses.

The Lord Privy Seal reported the Bill, An Act to enable Sir Richard Lumley, Knight, to sell certain Manors and Lands, for the Payment of his Debts, and Advancement of his younger Children.

The which Bill was re-committed 13Martii, and now thought fit for a Third Reading, with these Amendments only; videlicet, whereas the Bill was before in some Places, ["Dame Elizabeth Lumley,"] and in many Places ["Lady Elizabeth Lumley,"] the same to be amended throughout thus: videlicet, ["Elizabeth Lady Lumley"].

And the Lords did resolve this to be the right Title due to a Baroness; the which Amendments were presently Twice read, and the Bill Ordered to be ingrossed accordingly.

Relief against Informations.

The Earl of Leicester reported the Bill, an Act for the Ease of the Subject concerning Informations upon Penal Statutes, as fit to pass, without any Amendments.

Ditto.

Hodie 3^a vice lecta est Billa prædicta; and, being put to the Question, was generally Assented unto, and so Expedited.

E. of Derby's Privilege. Sir Edward Osbaldeston's Arrest.

This Day Sir Edward Osbaldeston, Knight, Servant to the Earl of Derby, was brought before the Lords, by virtue of His Majesty's Writ of Habeas corpus, etc. and according to the Order of 13 and 15 Martii.

The Writ and Return thereof being read, and Thomas Bankes, who caused him to be arrested, and William Browne, the Under-sheriff of Midd. and the Bailiffs and Constable, being brought to the Bar, and Counsel being heard both on the Part of the said Sir Edward Osbaldeston and of the said Thomas Bankes; it appeared unto their Lordships, That the said Sir Edward Osbaldeston was an ancient Servant to the Earl of Derby, and so known to be unto the said Bankes, and yet was arrested by him on the 13th Day of January last.

And it was generally Agreed, That the Servants of those Lords who are absent, and have made their Proxies, shall enjoy the Benefit of their Privilege, as well as the Servants of those Lords who are present; and that the Privileges of Parliament do begin with the Date of the Writ of Summons (the which Writ for this Parliament was dated the 30th of December last), and not with the Time of the Delivery of the same Writ (as was alledged on the Behalf of the said Bankes by his Counsel); for that the Delivery thereof may be delayed by the Negligence of the Messenger.

And therefore it is Ordered, That the said Sir Edward Osbaldeston shall be delivered out of the Prison of The Fleet; and that the said Thomas Bankes shall be committed Prisoner to The Fleet, there to remain until he shall have made his humble Submission and Acknowledgement of his Contempt of the Privileges of this Court.

And the said Under-sheriff was sharply rebuked, for that he did not forbear to execute the said Arrest, when as the said Sir Edward averred he was Servant to the said Earl, and claimed the Privilege of Parliament, notwithstanding that the said Banks did assure him, that the said Sir Edward was not to have any Privilege; and so the Under-sheriff was discharged for this Time, with a strict Charge to be careful hereafter of the like Arrests.

And the Bailiffs and Constable were discharged also; and the said Bankes much blamed for informing them that he came to arrest a Traitor and a Felon, whereby he had the more Assistance and Help.

Committee to suppress the Outrages of the Lords Servants.

This Day, upon Signification of many Outrages and Misdemeanors committed by the Lords Servants, Pages, Coachmen, and Footmen; these Lords, videlicet,

Were appointed by the House to punish the Offenders, and to take Order for the Prevention of the like hereafter.

To meet presently.

Rules for keeping them in Order.

Their Lordships being returned, reported, That they had conceived these general Rules following, which their Lordships offered to the Consideration of the House: videlicet,

"1. All Companies of Coachmen, Pages, and Footmen, by what Names soever they call themselves, to be forthwith dissolved and broken; and, if they shall meet again in such Companies, or labour to erect the same again, they are to be punished severely, for public Example.

"2. That no Tavern-keeper, Victualer, or any other which may invite Disorder of this Kind, shall from henceforth receive any Pawns for Satisfaction of any Monies spent or gathered in, or for any such disorderly Meetings; neither shall they permit any such disorderly Meetings in their Houses, if they can resist the same; and, if they cannot, then to inform some of the Lords of Parliament both of the Fact and the Names of the Offenders.

"3. That the Tavern now kept by Whitcharr, near the Back-stairs going up to the Upper House of Parliament, shall be suppressed, and no more kept as a Tavern after Midsummer next; and that from henceforth neither that Tavern, nor any other Tavern be erected or permitted in that Court, or any other Place so near the House of Parliament as may invite such Disorder hereafter.

"That these Rules, being allowed by the House of the Lords, may be published; that all Offenders in this Kind, after Notice, may be severely punished."

The which being read, the House allowed thereof.

Trial by Battail.

Lords Committees on the Bill to abolish all Trial by Battail, etc. are to meet To-morrow, at Eight, in the Painted Chamber.

To explain Part of an Act for Discovery of Popish Recusants.

Lords Committees on the Bill of Popish Recusants, etc. are to meet To-morrow, at Eight, in the Painted Chamber.

Limitation of Actions, and to avoid Suito at Law.

Lords Committees on the Bill for Limitation of Actions, etc. are to meet on Friday, the 19th of this Month, at Two, in the Painted Chamber.

Informations of Intrusion.

Lords Committees on the Bill for Informations of Intrusion, etc. are to meet To-morrow, at Four, in the Painted Chamber.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem craftinum, videlicet, decimum septimum diem instantis Martii, hora nona, Dominis sic decernentibus.