DIE Martis, videlicet, 20 die Maii,
Domini tam
Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
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Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Petriburgen.
Epus. Hereforden.
Epus. Wigorn.
Epus. Norwicen.
Epus. Roffen.
Epus. Co. et Lich.
Epus. Bangor.
Epus. Cicestren.
Epus. Oxon.
Epus. Cestren.
Epus. Meneven.
Epus. Lincoln.
Epus. Sarum.
Epus. Bath. et W.
Epus. Bristol.
Epus. Asaphen.
Epus. Gloucestren.
Epus. Carliol.
Epus. Exon.
Epus. Landaven. |
Ds. Coventrey, Ds. Custos Mag. Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
Comes Maunchester, Præs. Concilii Domini Regis.
Dux Buckingham, Magnus Admirall. Angliæ.
Marchio Winton.
Comes Lindsey, Magnus Camer. Angliæ.
Comes Arundell et Surr. Comes Marescallus Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountgomery, Camerar. Hospitii.
Comes Oxon.
Comes Northumbriæ.
Comes Salop.
Comes Kantii.
Comes Derbiæ.
Comes Wigon.
Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
Comes Huntingdon.
Comes Bath.
Comes South'ton.
Comes Bedford.
Comes Hertford.
Comes Essex.
Comes Lincoln.
Comes Nottingham.
Comes Suffolciæ.
Comes Dorsott.
Comes Sarum.
Comes Exon.
Comes Bridgewater.
Comes Leicestriæ.
Comes North'ton.
Comes Warwic.
Comes Devon.
Comes Cantabr.
Comes Carlile.
Comes Denbigh.
Comes Bristol.
Comes Angles.
Comes Holland.
Comes Clare.
Comes Bolingbrooke.
Comes Westmerland.
Comes Banbury.
Comes Berk.
Comes Cleveland.
Comes Mulgrave.
Comes Danby.
Comes Tottnes.
Comes Monmouth.
Comes Norwich.
Comes Rivers.
Comes Sunderland.
Comes Newcastle.
Comes Dover.
Comes Petriburgh.
Comes Standford.
Vicecomes Mountague.
Vicecomes Purbeck.
Vicecomes Tunbridge.
Vicecomes Say et Seale.
Vicecomes Wimbleton.
Vicecomes Savage.
Vicecomes Conway.
Vicecomes Newarke.
Vicecomes Bayninge.
Vicecomes Campden.
Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
Ds. Percy.
Ds. Strange.
Ds. Delawarr.
Ds. Berkley.
Ds. Morley et M.
Ds. Dacres.
Ds. Dudley.
Ds. Stourton.
Ds. Darcy.
Ds. Vaux.
Ds. Windsore.
Ds. St. John de Bas.
Ds. Cromwell.
Ds. Evre.
Ds. Pagett.
Ds. North.
Ds. Compton.
Ds. Wootton.
Ds. Petre.
Ds. Spencer.
Ds. Stanhope de H.
Ds. Arundell.
Ds. Stanhope de Sh.
Ds. Noel.
Ds. Kymbolton.
Ds. Newnham.
Ds. Brooke.
Ds. Mountague.
Ds. Grey.
Ds. Deyncourt.
Ds. Ley.
Ds. Robarts.
Ds. Conway.
Ds. Vere.
Ds. Tregoze.
Ds. Carleton.
Ds. Tufton.
Ds. Craven.
Ds. Mountioy.
Ds. Fawconbridge.
Ds. Lovelace.
Ds. Pawlett.
Ds. Harvy.
Ds. Brudnell.
Ds. Maynard.
Ds. Howard.
Ds. Weston.
Ds. Goringe.
Ds. Mohun. |
Petition of Right.
THE House having considered of the Reasons given
by the Commons against the Alterations propounded
by their Lordships in their Petition, they agreed to
insist only upon that of ["unlawful Oath"]; and, in
Place thereof, to admit ["an Oath not warrantable by
the Laws and Statutes of the Realm"].
Message sent to the Commons, by
Mr. Attorney General, and
Sir Edward Salter:
Message to the Commons, for Conference touching the Amendment of this Petition.
That the Lords desire a present Conference, with the
Commons, in the Painted Chamber, by a Committee of
both Houses, concerning the great Business conferred
of Yesterday; wherein the Lords will declare somewhat of their Opinions debated of here, which they
conceive may shorten the Debate thereof amongst them.
Answered:
Answer.
They will attend presently.
Agreed, That, at this Conference, the Lord Keeper
shall deliver unto the Commons, "That the Lords
desire their Consent to change the Words ["unlawful Oath"] into ["an Oath not warrantable by the
Common Laws and Statutes of the Realm"]: That
the Lords do wave all the other Alterations: That
the Lords desire the Commons to take into their
Consideration the Addition for the King, and to expedite the same, considering the Danger and Necessity
of the Times, and to sit this Afternoon, as the Lords
will also do."
The Commons being come, and the House adjourned
ad Libitum, the Lords went to the Conference.
Conference reported.
Their Lordships being returned, and the House resumed; the Lord Keeper reported, "That his Lordship
delivered to the Commons what he had in Charge
from this House; who answered, They came but
with Ears."
Confirmation of Letters Patent to the Earl of Bristol.
Hodie 1a et 2a
vice lecta est Billa, An Act for the Confirmation of Letters Patents made by our late Sovereign
Lord King James, to John Earl of Bristol, by the Name
of John Digby, Knight.
Committed unto the same Committee unto whom the
Bill for Restitution of Carewe Raleigh, is committed;
and the Earls of Clare and Bolingbrooke are added unto
the said Committee.
To meet presently.
Witnesses in Sir John Savage's Case.
Upon the Motion of the Earl of Cleveland, it is
Ordered, The Parties here underwritten forthwith to
appear before the Lords in Parliament, ad testificandum
in causa Johannis Savage, Militis, so as the said Sir
John doth bear and pay their Charges for their coming
and attending herein:
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Sir George Dauglos, Knight,
Sir William Sanders, Knight,
Sir William Whitmore, Knight,
William Ingram,
Samuel Persons,
Francis Thraile,
Penelope Fitzherbert,
William Moore,
Elianor Winter,
William Smith, |
John Moore, Doctor of Paysick,
Nicholas Jordan, Esquire,
Toby Mathewe,
William Ingram,
John Holland,
Ejanor Holland,
William Tidner,
Abraham Burrell,
Daniell Burrell,
Nic. Hooker. |
Respect of Homage.
The Committee of Privileges is to consider of an
Order for Discharge of those Lords who have done
their Homage to the King at the Coronation, from doing
any further Homage.
And the Lord Chief Baron is to attend the said Committee.
Confirming Sutton's Hospital.
Hodie 2a
vice lecta est Billa, An Act for the Establishing and Confirming of the Foundation of the Hospital
of King James, founded in Charter-house, in the County
of Midd. at the humble Petition, and only Costs and
Charges, of Thomas Sutton, Esquire, and the Possessions
thereof.
Committed unto the
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L. Archbp. of Cant.
L. President.
E. Marshal.
E. of Huntingdon.
E. of Essex.
E. of Clare.
L. Bp. of Norwich.
L. Bp. of Rochester. |
L. Bp. of Lincoln.
L. North.
L. Mountague.
L. Grey.
L. Fawconbridge.
L. Lovelace.
L. Maynard. |
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Mr. Justice Yelverton, |
To attend the Lords. |
| Mr. Serjeant Crewe, |
To meet To-morrow Morning, in the Painted
Chamber, by Eight of the Clock.
Confirmation of Letters Patent to the Earl of Bristol.
The Bill concerning the Earl of Bristol reported, and
Ordered to be ingrossed.
Message from the Commons, by
Sir Thomas Edmonds and others:
Message from the H. C. that they will sit P. M.
That the Commons will sit this Afternoon, as was
propounded unto them at the Conference.
Witnesses in Sir Francis Connisby's Cause.
Jurati in causa Francisci Connisby, Militis:
Thomas Mylls.
Thomas Woodward.
Elizabeth Mills.
Lower House of Convocation's Privilege.
Witney's Servant's Arrest.
According to the Order of the 16th of this May, John
Dyos, the Under Sheriff of Hereford, was brought to
the Bar, upon the Petition of the Lower House of Convocation, to answer his Contempt, for the Arrest of
one of their Members Servants.
Ordered, Dyos to submit himself to the House of
Convocation, and then to be discharged, paying his Fees.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum
hujus dici, hora secunda, Dominis sic decernentibus.
DIE Martis, videlicet, 20 die Maii, in pomeridiano,
Domini tam Spirituales quam Temporales, quorum
nomina subscribuntur, præsentes fuerunt:
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Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Petriburgen.
Epus. Hereforden.
Epus. Wigorn.
Epus. Norwicen.
Epus. Roffen.
Epus. Co. et Lich.
Epus. Bangor.
Epus. Cicestren.
Epus. Oxon.
Epus. Cestren.
Epus. Meneven.
Epus. Lincoln.
Epus. Sarum.
Epus. Bath. et W.
Epus. Bristol.
Epus. Asaphen.
Epus. Gloucestren.
Epus. Carliol.
Epus. Exon.
Epus. Landaven. |
Ds. Coventrey, Ds. Custos Mag. Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
Comes Maunchester, Præs. Concilii Domini Regis.
Dux Buckingham, Mag. Admirall. Angliæ.
Marchio Winton.
Comes Lindsey, MagnusCamerar. Angliæ.
Comes Arundell et Surr. Comes Maresc. Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountgomery, Camer. Hospitii.
Comes Oxon.
Comes Northumbriæ.
Comes Salop.
Comes Kantii.
Comes Derbiæ.
Comes Wigorn.
Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
Comes Huntingdon.
Comes Bath.
Comes South'ton.
Comes Bedford.
Comes Hertford.
Comes Essex.
Comes Lincoln.
Comes Sarum.
Comes Exon.
Comes Bridgewater.
Comes Leicestriæ.
Comes North'ton.
Comes Warwic.
Comes Devon.
Comes Cantabr.
Comes Carlile.
Comes Denbigh.
Comes Bristol.
Comes Angles.
Comes Holland.
Comes Clare.
Comes Bolingbrooke.
Comes Westmerland.
Comes Banbury.
Comes Berk.
Comes Cleveland.
Comes Mulgrave.
Comes Danby.
Comes Tottnes.
Comes Monmouth.
Comes Norwich.
Comes Rivers.
Comes Sunderland.
Comes Newcastle.
Comes Dover.
Comes Petriburgh.
Comes Standford.
Vicecomes Mountague.
Vicecomes Purbeck.
Vicecomes Tunbridge.
Vicecomes Say et Seale.
Vicecomes Wimbleton.
Vicecomes Savage.
Vicecomes Conway.
Vicecomes Newark.
Vicecomes Bayninge.
Vicecomes Campden.
Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
Ds. Percy.
Ds. Strange.
Ds. Delawarr.
Ds. Berkley.
Ds. Morley.
Ds. Dacres.
Ds. Dudley.
Ds. Stourton.
Ds. Darcy.
Ds. Vaux.
Ds. Windsor.
Ds. St. John de Basing.
Ds. Cromwell.
Ds. Evre.
Ds. Pagett.
Ds. North.
Ds. Compton.
Ds. Wootton.
Ds. Petre.
Ds. Spencer.
Ds. Stanhope de H.
Ds. Arundell.
Ds. Stanhope de Sh.
Ds. Noel.
Ds. Kymbolton.
Ds. Newnham.
Ds. Brooke.
Ds. Mountague.
Ds. Grey.
Ds. Deyncourt.
Ds. Ley.
Ds. Robarts.
Ds. Conway.
Ds. Vere.
Ds. Tregoze.
Ds. Carleton.
Ds. Tufton.
Ds. Craven.
Ds. Mountioy.
Ds. Fawconbridge.
Ds. Lovelace.
Ds. Pawlett.
Ds. Harvy.
Ds. Brudnell.
Ds. Maynard.
Ds. Howard.
Ds. Weston.
Ds. Goringe.
Ds. Mohun. |
Sir Robert Dyell and Kirk's Naturalization Bill.
HODIE 1a et 2a
vice lecta est Billa, An Act for the
Naturalizing of Sir Robert Dyell, Knight, one of the
Gentlemen of His Majesty's Privy Chamber, and George
Kirke, Esquire, one of the Grooms of His Majesty's
Bed-chamber.
Committed unto the
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E. of Dorsett.
E. of Clare.
L. Bp. of Norwich. |
L. Bp. of Lincoln.
L. Weston.
L. Goring. |
Sir Ch. Cæsar to attend the Lords.
To meet presently.
Who returned, and reported the Bill fit to pass, without any Amendment.
Jenor's Petition.
The Petition of Kenelme Jenor. read; shewing,
"That his Son, Henry Jenor, was elected from Eaton
College, in July 1626, into the Fifth Place in King's
College, in Cambridge. And prayeth, that his Son
may be admitted before the next Election, which will
be in July next, or else his Place will be void."
This Petition is recommended to the Lord Bishop of
Lincoln, that his Lordship would be pleased to expedite
the same; and his Lordship did promise to expedite
this Cause.
The Petition of Thomas Haynes read.
Grey released, on Payment of Costs.
Upon reading the Petition of Thomas Grey, which
was formerly read 12 May; and the Warden of The
Fleet then Ordered to certify the Lords for what Causes
the said Grey is detained Prisoner; and, upon reading of
Two Orders of the Star Chamber, and a Petition of
William Digby and others; it is Ordered, The said
Thomas Grey to pay the Costs and Fees, taxed and
moderated, according to the former Order of 17 Maii
1626.
Message to the Commons, by
Mr. Attorney General, and
Sir Charles Cæsar:
Message to the H. C. to know if they will be ready this Afternoon for the Conference.
That the Lords have sat long this Afternoon, as was
propounded, and desire to know whether they shall be
ready to send unto them about Business; if not, they
intend to adjourn.
Answered:
Answer.
They are now in Debate thereof, and hope to be
ready instantly; if not, they will send Word.
Confirming Sutton's Hospital.
Hodie 3a
vice lecta est Billa, An Act for the Confirmation of Sutton's Hospital, &c.
Put to the Question, and generally Assented unto,
nemine dissentiente.
This Bill was first reported by the Lord President,
one of the Committees thereof.
Message from the Commons, by
Sir Thomas Edmonds and others:
Message from the Commons for a Conference.
That the Commons are now ready for a free Conference with the Lords.
Answered:
Answer.
The Lords will meet them presently, in the Painted
Chamber.
The House was adjourned, during Pleasure. The
Lords returned from the Conference; and the House
was resumed.
Conference reported, touching the Amendment of the Petition of Right.
The Lord Keeper reported, "That, at this Conference, Sir Edward Cooke spake to the Alteration of
the Words ["unlawful Oath"]; and, besides Compliments, the Effect of his Speech was, That their
House assented unto the same, that, in Lieu of "[unlawful Oath"], it should be ["an Oath not warrantable by the Common Laws and Statutes of this
Realm."]"
His Lordship further reported, "That Mr. Noye
spake touching the Addition propounded by the Lords;
and the Effect of his Speech was, That they conceived
the Addition was only propounded by their Lordships, but not concluded; and propounded to them to
be debated. Then he read the Addition, "We humbly
present, etc." That they had debated it, and called to
Mind the Care of their House not to question or to
dispute the King's Sovereign Power: That they presented to the King a Petition of Right; and if, in
setting forth their Right, they should put a Saving,
to leave entire the King's Sovereign Power, it was to
add somewhat that was not in the Laws. In Magna
Charta against Commitments, and in 25 E. III against
Loans, there is no Saving. This might imply a
Saving, where none was before, to the destroying of
their Petition. That it is not the Use to express any
new Thing, but to follow the old Manner of Saving
in Parliaments in their Petitions. He observed, That
the Saving hath been of ill Consequence, prout in the
Confirmation of Magna Charta, Anno 25° E. I. A
Saving of antient Aids and Prises bred an ill Exposition and Jealousy thereupon, that the King means
not to observe Magna Charta; and therefore Commissions went forth, 27 E. I, to enquire of those who
spread these Rumours.
"They called to Mind the Question that arose Auno
1° Jacobi, concerning Purveyances; and that then the
Saving in Articulis super Chartas was objected against
them, and that Business came to no good Issue. And
they doubted that this Addition might be the Occacasion of making ill Expositions in future Times.
"That these Words ["of Sovereign Power"] were
not Words used to be inserted in the Law, nor
legal.
"That they proceed in a legal Course. Their Petition was their own Act. They petitioned only for
their own Rights, and had no Ground, in respect
thereof, to meddle with the King's Sovereignty; and
therefore this Saving is not necessary. The Desire
of their whole House was, That your Lordships
would let this Petition pass, and to resolve hereon
with all Expedition, that the great Business of the
King might go on."
Amendment of the Petition debated.
This Report ended, it was propounded to the House,
to consider of their Resolution herein. And it was
also propounded by some to defer the Resolution thereof at this Time. But, for that the Commons stayed
in the Painted Chamber, expecting some Answer from
the Lords, the Lord Keeper (having first adjourned the
House during Pleasure) and some other Lords went and
told the Commons, that their Lordships are entering
into Debate, and, when they are resolved, they will
send them Word.
The House was resumed.
Motion for the Judges to give their Opinions touching it.
The Lords beginning to debate this Business of the
Addition, the Earl of Bristol required, That the Opinion of the Judges herein, in Point of Law, might be
first heard; and that this his Demand of their Opinions
to be heard might be entered.
The House was put into a Committee, for the more
free Debate concerning this Addition; and, after much
Time spent therein, and nothing agreed on, resumed
again.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, diem Mercurii 21m diem instantis Maii, hora
9a, Dominis sic decernentibus.