House of Lords Journal Volume 3
26 May 1624

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 3: 26 May 1624', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 407-410. URL: http://www.british-history.ac.uk/report.aspx?compid=30428 Date accessed: 23 September 2014.


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DIE Mercurii, videlicet, 26 die Maii,

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

p. Carolus Princeps Walliæ, etc.
p. Archiepus. Cant.
Archiepus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
Epus. Glocestren.
Epus. Carlien.
p. Epus. Co. et Lich.
p. Epus. Bath. et Well.
p. Epus. Bangor.
Epus. Elien.
p. Epus. Cicestren.
p. Epus. Oxon.
Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum.
Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
Epus. Asaphen.
p. Epus. Lincoln, Ds. Custos Mag. Sigilli.
p. Vicecomes Maundevill, Præs. Conc. Domini Regis.
Comes Wigorn. Ds. Custos Privati Sigilli.
Dux Buck. Mag. Adm. Angliæ.
Marchio Winton.
p. Comes Oxon. Mag. Cam. Angliæ.
p. Comes Arundell et Surr. Comes Marescallus Angliæ.
p. Comes Cantabr. Sen. Hospitii.
p. Comes Pembroc, Camer. Hospitii.
Comes Northumbriæ.
Comes Nottingham.
Comes Salop.
p. Comes Kanciæ.
Comes Derbiæ.
Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bathon.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
Comes Essex.
p. Comes Lincoln.
Comes Suffolciæ.
Comes Dorset.
Comes Sarum.
p. Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgwater.
p. Comes Leicestriæ.
p. Comes North'ton.
Comes Warwic.
p. Comes Devon.
Comes March.
Comes Holdernesse.
Comes Carlile.
p. Comes Denbigh.
Comes Bristol.
Comes Anglisey.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rochford.
p. Vicecomes Andever.
Vicecomes Tunbridge.
Ds. Abergavenny.
Ds. Audley.
Ds. Zouch.
p. Ds. Willoughby de Er.
p. Ds. Delaware.
p. Ds. Berkley.
Ds. Morley et Mont.
Ds. Dacres de Herst.
Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert de Sh.
Ds. Darcey de Men.
Ds. Vaux.
Ds. Windsore.
Ds. Wentworth.
Ds. Mordant.
p. Ds. St. John de Bas.
p. Ds. Cromewell.
Ds. Evre.
p. Ds. Sheffeild.
p. Ds. Paget.
Ds. North.
Ds. St. John de Bl.
p. Ds. Howard de W.
Ds. Wootton.
p. Ds. Russell.
Ds. Grey de Groby.
p. Ds. Petre.
p. Ds. Danvers.
p. Ds. Spencer.
p. Ds. Say et Seale.
Ds. Denny.
p. Ds. Stanhope de H.
p. Ds. Carew.
Ds. Arundell de W.
p. Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Sh.
Ds. Noel.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Cary de Lep.
Ds. Kensington.
Ds. Grey de W.

To avoid the Exactions of Customers, &c.

HODIE 1a vice lecta est Billa, An Act to avoid the Extortions and Exactions of Customers, Comptrollers, Surveyors, Collectors, Searchers, Waiters, Clerks, and other Officers or Persons employed in or about the Customs and Subsidies of our Sovereign Lord the King.

To reverse a Decree of the Court of Requests. Edwards versus Edwards and Sherborne.

Hodie 2a vice lecta est Billa, An Act for the reversing of a Decree made in the Court of Whithall, commonly called The Court of Requests, between John Edwards the Elder, Esquire, Complainant, and John Edwards the younger, Son and Heir Apparent of the said John Edwards the Elder, and Richard Sherborne, Defendants, bearing Date the Second Day of July, now last past; and for the making void of certain Provisos comprised in an Indenture Tripartite, made for the settling of the Lands of the said John Edwards the Elder.

And committed unto the

L. President.
E. Marshal.
E. of North'ton.
E. of Bridgwater.
L. Bp. of Durham.
L. Bp. of Bath. et W.
L. Bp. of Bangor.
L. Bp. of Bristol.
L. Duddeley.
L. Wentworth.
L. Sheffeild.
L. Pagett.
L. Russell.
L. Denny.
L. Haughton.
L. Mountague.
Mr. Baron Bromley,
Mr. Justice Hutton,
Mr. Justice Chamb'lyne,
Mr. Serjeant Crewe,
To attend the Lords.

To meet To-morrow, at Three in the Afternoon; and to consider of the Petition also exhibited by the Wife of John Edwards the Elder.

Subsidies by the Temporalty.

The Lord President reported to the House, That the Lords Committees on the Bill of Subsidies granted by the Temporalty have considered of the Resolution of the Judges concerning some Questions arising upon the said Bill.

Judges Opinion touching some doubts which arose on this Bill concerning the Privileges of the two Houses.

The which Resolution of the Judges was read by Mr. Attorney, in hæc verba: videlicet,

"Resolved by all, with One uniform Assent, That, upon Perusal of the several Parts of the Act of Subsidy, they do not conceive that there is any Thing therein, which may impeach or blemish the Privilege or Power of the Higher House, or add to the Privileges of the Lower House, in any Thing, save in the particular Case in Question; and in no other Case of the like or other Nature; and that for these Reasons:

"First, For that the Judicature, in this particular Case, is not assumed by Way of Privilege, to beget a Precedent, but by Way of Act, which taketh Effect, not only by themselves, but by the Lords and by the Royal Assent of the King.

"Secondly, Because the Ground of this Act proceeded originally from the Gracious Proposition of His Majesty Himself; and that Proposition is mentioned in the Act itself; so as there is no Ground to do the like hereafter to be drawn from this Act, unless it be upon the like Proposition of the King, with Consent of the Lords, who must fully assent unto this Act.

"Thirdly, the Words ["That the Lords shall have Power by Virtue of this Act"] are not privative to any former Power of the Lords, and are convenient in this particular Case, where the Offence is new; and before this Act there was neither Punishment for this Offence, nor this Offence to be punished.

"Fourthly, the reserving of the punishing of those which at this Time are Assistants to the Higher House, is no Derogation to the House; for they have no inherent Right of being Assistants, as the Lords have in being Members of the House, and this is done by Bill, wherein the Lords join.

"Fifthly, For that the Lords are joined with the Commons in the Commission, the Accompt is to be joint; and therefore it is not possible to sever them from the Commons; for then the Accompt would be lame and imperfect.

"All which the Judges humbly submit to your Lordships Judgement."

Upon the Second Reading of this Resolution of the Judges; the House Ordered, That the same should be fair ingrossed; and that all the said Judges should subscribe their Names thereunto.

Report from the Committee.

The Lord President also reported, That the Lords Committees on the said Bill of Subsidy had conceived a Protestation, concerning the same Questions arising on the said Bill.

Protestation concerning the foresaid doubts.

The which Protestation was read by Mr. Attorney General, in hæc verba: videlicet,

"Forasmuch as this present Act of Subsidy of the Temporalty is in many Things different from the ancient usual Form of a Subsidy Bill; and for that something in the said Act contained may, in Time to come, be construed either to lessen the Jurisdiction of the one House, or to add to the Jurisdiction of the other, more than hath been used, or heretofore admitted; therefore the Lords Spiritual and Temporal, in the Higher House of Parliament now assembled, do hereby declare and pronounce, and cause this Protestation to be entered of Record in the Rolls of this Parliament:

"That no Words, Matter, or Things, in this Act contained, shall hereafter be taken, or construed to give or take, any Jurisdiction, Power, Privilege, or Authority, to or from either of the said Houses of Parliament; but that either of them shall severally and dividedly hold, use, and enjoy, such and the same Liberties, Privileges, Powers, and Jurisdictions, as heretofore they or either of them respectively had; and those in the same Manner, to all Intents and Purposes, shall hold, use, and enjoy, and Thing in this Act to the contrary notwithstanding."

Which Protestation was read the Second Time by the Clerk, and then put to the Question, and generally approved of, and Ordered to be entered in the Journal Book, before the said Bill of Subsidy be read the Third Time.

Preservation of His Majesty's Revenue.

The Bill, intituled, An Act for the better preserving of His Majesty's Revenue, was sent to the Commons.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum hujus diei, hora 2a, Dominis sic decernentibus.

Post meridiem,

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

Carolus Princeps Walliæ, etc.
p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
Epus. Roffen.
Epus. Glocestren.
Epus. Carlien.
p. Epus. Co. et Lich.
p. Epus. Bath. et W.
p. Epus. Bangor.
Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
Epus. Cestren.
Epus. Landaven.
p. Epus. Sarum.
Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
Epus. Asaphen.
p. Epus. Lincoln, Ds. Custos Mag. Sigilli.
p. Vicecomes Maundevill, Præs. Conc. Domini Regis.
p. Comes Wigorn. Ds. Custos Privati Sigilli.
Dux Buck. Mag. Admirallus Angliæ.
Comes Oxon. Magn. Camer. Angliæ.
p. Comes Arundell et Surr. Comes Marescallus Angliæ.
Comes Cantabr. Sen. Hospitii.
p. Comes Pembroc, Camer. Hospitii.
Comes Northumbriæ.
Comes Nottingham.
Comes Salop.
p. Comes Kanciæ.
Comes Derbiæ.
Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedd.
Comes Herteford.
p. Comes Essex.
Comes Lincoln.
Comes Suffolciæ.
Comes Dorset.
Comes Sarum.
p. Comes Exon.
Comes Mountgomery.
p. Comes Bridgewater.
p. Comes Leicestriæ.
Comes North'ton.
Comes Warwic.
Comes Devon.
Comes March.
Comes Holdernesse.
Comes Carlile.
Comes Denbigh.
Comes Bristol.
Comes Anglisey.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rochford.
Vicecomes Andever.
Vicecomes Tunbridge.
Ds. Abergavenny.
Ds. Audley.
Ds. Zouch.
p. Ds. Willoughby de E.
Ds. Delaware.
p. Ds. Berkley.
Ds. Morley et M.
Ds. Dacres de H.
Ds. Stafford.
Ds. Scroope.
Ds. Duddeley.
Ds. Stourton.
Ds. Herbert de Sh.
Ds. Darcie de Men.
Ds. Vaux.
Ds. Windsore.
p. Ds. Wentworth.
Ds. Mordent.
Ds. St. John de Bas.
Ds. Cromewell.
Ds. Evre.
p. Ds. Sheffeild.
p. Ds. Pagett.
p. Ds. North.
p. Ds. St. John de Bl.
Ds. Howard de W.
Ds. Wootton.
p. Ds. Russell.
Ds. Grey de Groby.
p. Ds. Petre.
p. Ds. Danvers.
p. Ds. Spencer.
p. Ds. Say et Seale.
p. Ds. Denny.
Ds. Stanhope de H.
p. Ds. Carew.
Ds. Arundell de W.
p. Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Sh.
Ds. Noel.
Ds. Brooke.
p. Ds. Mountague.
Ds. Cary de Lep.
Ds. Kensington.
p. Ds. Grey de W.

Felt makers Company.

HODIE 2a vice lecta est Billa, An Act for the Relief of the Master, Wardens, and Commonalty of the Art or Mystery of Felt-makers of London, against a Decree made in the High Court of Chancery, at the Suit of Christopher Warwicke, Gentleman.

And committed unto the

L. President.
L. Privy Seal.
E. of Essex.
E. of Leicestre.
L. Bp. of Durham.
L. Bp. of Norwich.
L. Bp. of Co. and Lich.
L. Bp. of Chester.
L. Willoughby.
L. Scroope.
L. Petre.
L. Danvers.
L. Say.
L. Carew.
L. Mountague.
L. Grey of W.
Lord Chief Baron,
Mr. Baron Bromley,
Mr. Justice Winch,
Mr. Serjeant Davis,
To attend the Lords.

To meet To-morrow, at Three, in the Painted Chamber.

Notice is to be given hereof, by them that follow the Bill, unto Christopher Warwicke, in the Bill mentioned.

Subsidy by the Temporalty.

Hodie 3a vice lecta est Billa, An Act for the Grant of Three Entire Subsidies, and Three Fifteenths and Tenths, granted by the Temporalty; which being read, the Protestation of the Lords (as it is entered in the Journal of this Morning) was also read.

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

Act of Grace.

Hodie unica vice lecta est Billa, An Act for the King's Majesty's most Gracious, General, and Free Pardon.

Put to the Question, and generally Assented unto.

And the said Bill was sent to the Commons by Mr. Attorney General and Mr. Serjeant Finch.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 27m diem instantis Maii, hora nona, Dominis sic decernentibus.