House of Lords Journal Volume 3
12 April 1628

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 3: 12 April 1628', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 734-737. URL: http://www.british-history.ac.uk/report.aspx?compid=30565 Date accessed: 17 April 2014. Add to my bookshelf


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DIE Sabbati, 12 die Aprilis,

Dominitam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
Epus. Dunelm.
p. Epus. Winton.
Epus. Petriburgen.
p. Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
p. Epus. Co. et Lich.
Epus. Bangor.
Epus. Cicestren.
p. Epus. Oxon.
Epus. Cestren.
Epus. Meneven.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Bathon. Well.
p. Epus. Bristol.
Epus. Asaphen.
p. Epus. Gloucestren.
p. Epus. Caliol.
p. Epus. Exon.
p. Epus. Landaven.
p. Thomas Coventry, Miles, Ds. Custos Magni Sigilli.
p. Comes Marleborough, Magnus Thesaur. Angliæ.
p. Comes Maunchester, Præs. Concilii Domini Regis.
p. Dux Buckingham, Magnus Admirallus Angliæ.
Marchio Winton.
p. Comes Lindsey, Magnus Camerar. Angliæ.
p. Comes Arundell et Surr. Comes Marescallus Angliæ.
p. Comes Pembroc, Senese. Hospitii.
p. Comes Mountgomery, Cam. Hospitii.
Comes Oxon.
Comes Northumbriæ.
Comes Salop.
Comes Kantii.
Comes Derbiæ.
Comes Wigorn.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
p. Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
p. Comes Bridgewater.
p. Comes Leicester.
p. Comes North'ton.
p. Comes Warwicie.
Comes Devon.
Comes Cantabr.
Comes Carlile.
Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
Comes Banbury.
Comes Berk.
p. Comes Cleveland.
Comes Mulgrave.
Comes Danby.
Comes Tottnes.
p. Comes Monmouth.
p. Comes Norwicen.
Comes Rivers.
Comes Sunderland.
Comes Newcastle.
p. Comes Dover.
p. Comes Petriburgh.
Comes Standford.
Vicecomes Mountague.
Vicecomes Purbeck.
Vicecomes Tunbridge.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
Vicecomes Savage.
p. Vicecomes Conway.
Vicecomes Newark.
p. Vicecomes Bayninge.
p. Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
p. Ds. Percy.
Ds. Strange.
p. Ds. Delawarr.
Ds. Berkley.
Ds. Morley.
p. Ds. Dacres.
Ds. Dudley.
Ds. Stourton.
p. Ds. Darcy.
Ds. Vaux.
Ds. Windsore.
Ds. St. John de Bas.
Ds. Cromewell.
Ds. Evre.
p. Ds. Pagett.
p. Ds. North.
p. Ds. Compton.
Ds. Wootton.
Ds. Petre.
p. Ds. Spencer.
Ds. Stanhope de Har.
Ds. Arundell.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Newnham.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Grey.
Ds. Deyncourt.
Ds. Ley.
p. Ds. Tregoze.
Ds. Carleton.
p. Ds. Tufton.
Ds. Craven.
p. Ds. Mountioy.
p. Ds. Fawconbridge.
p. Ds. Lovelace.
p. Ds. Pawlett.
Ds. Harvy.
Ds. Brudnell.
p. Ds. Maynard.

Raleigh qualifies for Restitution in Blood;

THIS Day Carewe Raleigh, who will exhibit his Bill of Restitution in Blood, did take the Oaths of Supremacy and Allegiance; and he delivered to the Clerk a Certificate that he received the Communion on the 11th of this April, at The Savoye; testified under the Hands of Edward Thurnam, the Curate there, and of the Churchwardens.

And Freese for Naturalization.

This Day also James Freese, who hath exhibited his Bill to be Naturalized, took the said Oaths, and delivered a Certificate that he received the Communion, etc. according to the Statute.

General Fast.

The Lord Bishop of Winchester signified to the House, That, according to their Lordships Appointment (10 Aprilis), he had moved His Majesty for changing of the Fast from the Day (appointed by the Proclamation), in those Towns whereon Fairs or Markets are then to be kept, unto some other Day; and that His Majesty is well pleased therewith; and the Lords Bishops of each Diocese are to take Notice thereof, and to appoint them a convenient Day for the same.

Mayne, &c. brought before the House.

According to the Order 9 Aprilis, the Serjeant brought before the Lords the Bodies of John Mayne, George Priddie the Constable, and John Waller, to answer their Contempt, and detaining of the said Mayne out of the Serjeant's Custody.

The said Parties were summarily heard; but, by reason of other important Business appointed for this Day, nothing was determined; wherefore it is all referred to the Lords Committees for Privileges, etc. And the said Mayne is to remain in the Serjeant's Custody, and Priddie and Waller have their Liberty, but are to attend the said Sub-committee.

Attorney General heard for the King, touching the Liberties of the Subject claimed by the Commons.

The King's Counsel came to the Clerk's Table, where Mr. Attorney General (according to the Order of the 9th and 10th of April) was heard what he could say on the Behalf of the King, touching the Liberties and Freedoms claimed by the Commons. Mr. Attorney began first to answer those Statutes and Acts of Parliament cited by the Commons, to maintain their Claim; and afterwards to the Precedents. But, the Day being far spent before he could finish his Arguments, the Lords appointed him to proceed in the Afternoon.

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:

p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
Epus. Dunelm.
p. Epus. Winton.
Epus. Petriburgen.
p. Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
p. Epus. Co. et Lich.
Epus. Bangor.
Epus. Cicestren.
p. Epus. Oxon.
Epus. Cestren.
Epus. Meneven.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Bath. et Well.
p. Epus. Bristol.
Epus. Asaphen.
p. Epus. Gloucestren.
p. Epus. Carliol.
p. Epus. Exon.
p. Epus. Landaven.
p. Thomas Coventry, Miles, Ds. Custos Magni Sigilli.
p. Comes Marleborough, Magnus Thesaur. Angliæ.
p. Comes Maunchester, Præsidens Concilii Domini Regis.
p. Dux Buckingham, Magnus Admirallus Angliæ.
Marchio Winton.
p. Comes Lindsey, Magnus Camerar. Angliæ.
p. Comes Arundellet Surr. Comes Marescallus Angliæ.
p. Comes Pembroc, Senescallus Hospitii.
p. Comes Mountgomery, Cam. Hospitii.
Comes Oxon.
Comes Northumbriæ.
Comes Salop.
Comes Kantii.
Comes Derbiæ.
Comes Wigorn.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
p. Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Sarum.
Comes Exon.
p. Comes Bridgewater.
p. Comes Leicestriæ.
p. Comes North'ton.
p. Comes Warwic.
Comes Devon.
Comes Cantabr.
Comes Carlil.
Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
Comes Banbury.
Comes Berk.
p. Comes Cleveland.
Comes Mulgrave.
Comes Danby.
Comes Tottnes.
p. Comes Monmouth.
p. Comes Norwich.
Comes Rivers.
Comes Sunderland.
Comes Newcastle.
p. Comes Dover.
p. Comes Petriburgh.
Comes Standford.
Vicecomes Mountague.
Vicecomes Purbeck.
Vicecomes Tumbridge.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
Vicecomes Savage.
p. Vicecomes Conway.
Vicecomes Newarke.
p. Vicecomes Bayninge.
p. Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
Ds. Percy.
Ds. Strange.
p. Ds. Delawarr.
Ds. Berkley.
Ds. Morley.
p. Ds. Dacres.
Ds. Dudley.
Ds. Stourton.
p. Ds. Darcy.
Ds. Vaux.
Ds. Windsore.
Ds. St. John de Bas.
Ds. Cromwell.
Ds. Evre.
p. Ds. Pagett.
p. Ds. North.
p. Ds. Compton.
Ds. Wootton.
p. Ds. Petre.
p. Ds. Spencer.
Ds. Stanhope de Harr.
Ds. Arundell.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Newnham.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Grey.
Ds. Deyncourt.
Ds. Ley.
p. Ds. Tregoze.
Ds. Carleton.
p. Ds. Tufton.
Ds. Craven.
p. Ds. Mountioy.
p. Ds. Fawconbridge.
p. Ds. Lovelace.
p. Ds. Pawlett.
Ds. Harvy.
Ds. Brudnell.
p. Ds. Maynard.

Bailiffs, &c. of Stowe, versus Chamberleine.

THE Earl of Clare reported the Order conceived by the Lords Committees for Petitions, upon a Petition preferred by the Bailiffs and Burgesses of Stowe, against Edmond Chamberleine, Esquire, in bæc verba: videlicet,

"Whereas Richard Hill, Bailiff of Stowe, hath exhibited in this Parliament his Petition, on Behalf of the said Town, desiring a further Hearing and Trial of the Cause heretofore decreed in the Exchequer, on the Behalf of Edmond Chamb'leine, Esquire, against the said Petitioners; the Lords Committees for Petitions think fit, because the Petitioners were shut from all Relief in this Cause but by Order of the Court of Parliament, That, according to the said Petition, there be a final Trial de novo, without respect to the First Decree in the Exchequer, out of the Merits of the Cause itself, at the Exchequer Bar: And if the said Trial go against the Petitioners, then they shall pay such Costs and Charges as the Court shall award unto the said Edmond; and in Case the said Trial go against the said Edmond; he is notwithstanding not to pay any Costs, because he hath already, against a common Purse, been put to great Charges; and, by Consent of both Parties, the Jury for the Trial thereof shall be impanneled out of the County of Kent, Strangers to both Parties."

This Order being read; the House approved thereof, and Ordered the same accordingly.

King's Counsel proceed in Behalf of the King, touching the Liberties of the Subject, claimed by the Commons.

Mr. Attorney (assisted with others of the King's Counsel) proceeded where he left in the Forenoon on the King's Behalf, touching the Claim made by the Commons of their ancient Liberties: And he having finished his Arguments, it was moved, That the House might be put into a Committee, for the freer Debate how to proceed in this great Business; and for that it was gainsaid by some, the Resolution of the House in the last Parliament, made 9th of May 1626, was called for, and read; where it was Resolved, That, if it shall be desired by any Lord that the House may be put into a Committee, it ought not to be refused. Whereupon the House was adjourned ad Libitum; and, after long Debate, resumed again; and then it was Ordered, On Monday Morning next (14 Apr.), the Judges of the King's Bench to declare severally what their Judgement was in the King's Bench, and upon what Ground, which is mentioned by the Commons; and the rest of the Judges near the Town to be sent for.

And Mr. Attorney to put his Arguments in Writing so soon as he can; but the Business to proceed nevertheless.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ proximum, videlicet, 14m diem instantis Aprilis, hora 9a, Dominis sic decernentibus.