House of Lords Journal Volume 3
9 May 1626

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 3: 9 May 1626', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 589-591. URL: http://www.british-history.ac.uk/report.aspx?compid=30524 Date accessed: 21 August 2014.


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Die Martis, videlicet, 9 die Maii,

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

p. Archiepus. Cant.
Archiepus. Eborum.
p. Epus. London.
p. Epus. Durham.
Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
p. Epus. Co. et Leich.
Epus. Bath. et W.
p. Epus. Bangor.
p. Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
Epus. Lincoln.
p. Epus. Sarum.
Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
Epus. Asaphen.
Epus. Carlien.
p. Epus. Gloucestren.
p. Thomas Coventre, Miles, Ds. Custos Magni Sigilli.
p. Comes Marleborough, Mag. Thesaur. Angliæ.
p. Comes Manchester, Præs. Concilii Domini Regis.
Comes Wigorn, Ds. Custos Privati Sigilli, et Senesc. Hospitii.
p. Dux Buckingham, Mag. Admirallus Angliæ.
Marchio Winton.
Comes Arundell et Surr. Comes Maresc. Angliæ.
p. Comes Pembroc, Camer. Hospitii.
p. Comes Oxon.
Comes Northumbriæ.
Comes Salop.
p. Comes Kancii.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
Comes Bedd.
p. Comes Herteford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgewater.
p. Comes Leicestriæ.
p. Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cantabr.
p. Comes Carlile.
p. Comes Denbigh.
Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
p. Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
Comes Danby.
Comes Tottnes.
p. Comes Monmouth.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Purbeck.
p. Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rochford.
Vicecomes Tunbridge.
p. Vicecomes Say et S.
p. Vicecomes Wimbleton.
p. Ds. Conway, Prin. Sec.
p. Ds. Abergavenny.
Ds. Audley.
p. Ds. Percy.
Ds. Willoughby.
p. Ds. Delawarr.
p. Ds. Berkley.
p. Ds. Morley.
Ds. Dacres.
p. Ds. Scroope.
p. Ds. Dudley.
p. Ds. Stourton.
Ds. Herbert de Sh.
Ds. Darcy et M.
p. Ds. Vaux.
Ds. Windsore.
p. Ds. Mordant.
Ds. St. John de B.
p. Ds. Cromewell.
Ds. Evre.
Ds. Pagett.
p. Ds. North.
p. Ds. Compton.
p. Ds. Howard.
Ds. Wootton.
p. Ds. Russell.
Ds. Grey de G.
Ds. Petre.
p. Ds. Spencer.
p. Ds. Denny.
p. Ds. Stanhope de H.
Ds. Arundell.
Ds. Teynham.
Ds. Stanhope de Sh.
p. Ds. Noel.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Grey de W.
Ds. Deyncourt.
Ds. Ley.
Ds. Roberts.
Ds. Vere.

THE Duke of Buckingham moved the House, That, forasmuch as the Business which the Committee of the Commons had begun Yesterday to declare unto the Committee of this House was not finished Yesterday, that therefore their Lordships would give them a speedy Meeting again, this Morning, concerning the same.

Message to the Commons, by
Mr. Baron Trevor, and
Sir Charles Cæsar:

Message to the H. C. to finish the Conference.

That the Lords desire that that Meeting which was begun Yesterday, and not then perfected, might go on presently, this Morning, if it may so stand with their Conveniency.

Answered:

They will send Answer, by Messengers of their own.

Message from the Commons, by
Sir Dudley Digges and others:

Message from the H. C. in Answer.

That, at the Meeting of both Houses Yesterday, the Committee of the Commons did impeach a great Lord of divers Crimes and Misdemeanors, which could not then be finished for Want of Time; and the Gentleman that was appointed to proceed in the next Part of the Charge is now so visited with Sickness, that the Commons are inforced to make Use of one of his Assistants; and therefore any Time to be appointed for this Meeting as their Lordships shall please, after this Morning.

Answered:

To proceed in the Conference.

The Lords have appointed To-morrow Morning, at Eight, for this Meeting again, in the former Place, in respect that either that Gentleman originally appointed to deliver a Part of the said Charge may have his Health against that Time, or his Assistant the better provided to perform the same.

The ancient Order of the House was read: videlicet,

No Lord to speak Twice.

"No Man is to speak Twice to any Bill at any One Time of reading it, or any other Proposition, unless it be to explain himself in some material Point of his Speech; but no new Matter; and that not without Leave of the House first obtained;" which was this Day confirmed.

And it was further Ordered, "That, if any Lord stand up, and desires to speak again, or to explain himself, the Lord Keeper to demand of the House first, whether the Lord shall be admitted to speak or not."

And it was Resolved by the House, "That none may speak again to the same Matter, though upon new Reason arising out of the same; and that none may speak again to explain himself, unless his former Speech be mistaken, and hath Leave given him to explain himself. And, if the Cause require much Debate, then the House to be put into a Committee."

E. of Suffolk's Privilege. Peckham arrested.

Upon the Petition of Sir George Peckham, Knight, Servant to the Earl of Suffolke, it was this Day Ordered, That the Serjeant at Arms do cause to be brought before their Lordships the Bodies of John Kirkland, Roberte Crosse, John Willington, John Martine, John Mason; and Roberte Bowes, to answer the Arrest and Contempt of the Privileges of this High Court.

Sir Francis Browne's Privilege.

Upon the Petition of Sir Francis Browne, Knight, Servant to His late Majesty, complaining for being arrested on the 16th of February 1624 (within the Compass of the Privilege of this House); it was Ordered, That Gerrard Gore and Francis Sparkes, at whose Suit the said Sir Francis Browne is detained in Prison, do appear here on Monday next, the 15th of this Instant March, to answer his Complaint; and that a Habeas corpus be awarded to the Warden of The Fleet, to bring the Body of the said Sir Francis Browne before their Lordships, at the same Time.

E. of Bristol.

The Lord Keeper putting the House in Mind of the Business of the Earl of Bristol's Petition (octavo Maii), appointed for this Day; the Judges were sent for.

It is this Day Ordered, Every Lord to sit in his due Place, when the House is put into a Committee.

The House being put into a Committee; the first Part of the said Petition was read, and debated, concerning the King's Testimony in Cases of Treason or Felony.

And the House being resumed;

The L. Chamberlain,
E. of Dorsett,
L. Bp. of Norwich,
L. Bp. of Chester,
L. North,
L. Russell,

Mr. Serjeant Crewe to attend.

Their Lordships were appointed to meet presently, and to set down the Question for the Judges Resolution of that Point.

The said Lords Committees being returned; the Lord Chamberlain reported the same in Writing, which followeth: videlicet,

"The Questions to be proposed to the Judges, which they are to take into Consideration, and deliver their Opinions to the Lords.

Questions proposed to the Judges in the E. of Bristol's Cause.

"1. Whether, in Case of Treason or Felony, the King's Testimony is to be admitted or not?

2. Whether Words spoken to the Prince, who after is King, make any Alteration in the Case?"

Which the House approved of, and appointed the Judges to deliver their Opinions therein on Saturday next.

The House being moved to petition the King, touching the Earl of Arundell; these Lords were appointed to set down the Form of the said Petition: videlicet,

L. President.
E. of Essex.
L. Bp. of Norwich.
L. Bp. of Coventry and Lichfeild.
L. North.
L. Russell.
L. Denny.
L. Mountague.

Who reported the same in Writing, as followeth: videlicet,

"May it please Your Majesty,

Petition of the House, in Behalf of the E. of Arundel.

"Whereas the whole Body of Peers now assembled in Parliament did, the Nineteenth of April, exhibit to Your Majesty an humble Remonstrance and Petition, concerning the Privilege of Peers in Parliament, and in particular touching the Earl of Arundell; whereupon we received a gracious Answer, that, in convenient Time, we should receive a full Answer; which we have long and dutifully attended; and now, at this Time, so great Business being in handling in the House, we are pressed by the Business to be humble Suitors to Your Majesty, for a gracious and present Answer."

Which being read, was approved by the House; and the said Committee appointed to present the same unto His Majesty, from the House, at such Time as the Lord Chamberlain shall signify unto them that His Majesty is pleased to admit them to His Presence.

Wright versus Archbald and Henn.

Whereas Richard Wright exhibited his Petition against Walter Archbold and Hugh Henn, complaining of a Report of some of the Masters of the Chancery, which was afterwards decreed in the said Court without a Hearing, and desired to be heard upon his Bill of Review; the Lords Committees for Petitions, after hearing of both Parties, conceived this Order, which was reported to the House, by the Earl of Bridgewater, one of the said Lords Committees: videlicet,

"That their Lordships do think fit, that this Cause be recommended to the Lord Keeper, for a Hearing upon a Bill of Review; the Petitioner putting in such Security as the Lord Keeper shall think fit, to discharge the Damage of the Court, and discharge the Bond in Mr. Squibb's Hands; whereupon there remaineth Fifty Pounds unpaid, if my Lord Keeper, upon the Hearing of the said Bill of Review, shall think fit."

All which was Ordered accordingly.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis proximum, videlicet, 11m diem instantis Maii, hora nona, Dominis sic decernentibus.