House of Lords Journal Volume 3: 7 May 1621

DIE Lunæ, videlicet, 7 die Maii,

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

p. Carolus Princeps Walliæ, etc.

Young and Jacobson's Naturalization.

THIS Day, before the House was set, David Younge, Serjeant of His Majesty's Silver Scullery, and Jacob Jacobson, of London, Merchant, who have exhibited their Bills to be Naturalized, did take the Oaths of Supremacy and Allegiance, as is required by the Statute.

Jurati in Causa Johannis Bennett, Militis: videlicet,

King's Answer touching his Judgment ver. Yelverton.

The Lord Archbishop of Canterbury reported, That Yesterday, according to the Direction of the House the Second of this May, he presented the Petition of their Lordships unto the King's Majesty; humbly desiring, that His Majesty would be pleased that this House may continue Judges of Sir Henry Yelverton, for the Matter concerning His Majesty's Honour, at which Time His Majesty said, "that, in Example of that most famous Queen Elizabeth (when this whole House was a Suitor unto Her), He must return an Answer answerless;" But now, this Morning, His Majesty's Answer is:

"The Lords knowing that they enjoy their Honours from Him, and under Him, He doubts not, but that they will be most tender of His Honour; and therefore He doth return back unto their Lordships the whole and final Ordering of that Business of Sir Henry Yelverton."

Agreed, That Thomas Emerson, whom Sir Henrie Yelverton vouched 30 Aprilis, to bring a Message unto him from Mompesson, be sent for, and examined thereon; and then, the Business being prepared, to appoint a speedy Day to proceed against Sir Henry Yelverton.

The House is adjourned ad libitum; during which Time,

Precedents concerning the Commons Judicature.

The Lords, having considered of the Precedents alledged by the Commons at the last Conference 5 Maii, they found that they tended to prove,

1. That the House of Commons is a Court of Record.

2. That they have ministred an Oath in Matters concerning themselves.

3. That they have inflicted Punishments on Delinquents, where the Cause hath concerned a Member of their House, or the Privileges thereof.

And their Lordships having Determined, that the Question at this Time is not, Whether that House be a Court of Record, nor whether the Oath by them alledged to be ministred in a Matter concerning that House was ministred by that House, or by a Master of the Chancery (then being one of that House), nor whether they have Right of Judicature in Matters concerning themselves; but the Question is, Whether that House may proceed to sentence any Man who is not a Member of that House, and for a Matter which concerns not that House; for which the Commons alledged no Proofs, nor produced any Precedent.

Their Lordships agreed to pray a Re-conference about the same; and, at the Conference, to handle this only; videlicet, That the House of Commons have no Power of Judicature nor Coercion against any, but in Matters concerning that House. And the House was moved, That, for a friendly Ending of this Business, a Sub-committee (of a small Number) of both Houses might be propounded to accommodate the same.

The House being resumed;

Message to the Commons.

Message was sent to the Commons, by Mr. Serjeant Crewe, Sir William Bird,

Floud's Business.

To desire a free Conference between both Houses about the same Business, they met on Saturday last, concerning Floud, To-morrow, in the Painted Chamber, at Three in the Afternoon.

Answer.

Answer returned,

They will attend the Re-conference, at the Time and Place appointed.

It, having been much debated (whilst the House was adjourned ad libitum), Whether the Lords, at this Reconference, shall propound a Sub-committee to be had for the accommodating of this Business, concerning Floud, if the Commons do not desire it; and it being now put to the Question, it was agreed, That, if the Commons do not desire it, the Lords may, if Need be.

Bills from the H. C.

Hodie retornatæ sunt a Domo Communi, per Thomam Edmonds, Militem, et alios, tres Billæ: quarum una intitulatur,

1. An Act for the Naturalizing of Sir Frauncis Stewart, Knight, Walter Stewart, James Maxwell, and William Carre, Esquires.

2. Alia, An Act for the Naturalizing of Sir Stephen Leisieur, Knight.

3. Alia, An Act for the Naturalizing of the Children of Abraham Salisbury and Kirke (Englishmen).

Hodie etiam allatæ sunt a Domo Communi, per dictum Thomam Edmonds, &c. octo Billæ: quarum una intitulatur,

1. An Act concerning Women convicted of small Felonies.

2. Alia, That the County Palatine of Duresme shall have Knights, Citizens, and Burgesses, to serve in the Commons House of Parliament.

3. Alia, An Act for the Confirmation of Wadham College and the Possessions thereof.

4. Alia, An Act for and concerning the Naturalizing of Mrs. Albinia Cecill, Daughter to Sir Edward Cecill, Knight.

5. Alia, An Act for the Naturalizing of Sir Robert Douglas, Knight, Treasurer of the Prince his Highness's Houshold.

6. Alia, An Act for the Naturalizing of Dorothie Style, the Daughter of Thomas Style, of London, Merchant.

7. Alia, An Act for the Naturalizing of Sir Robert Ayton, Knight, and James Bowie, Serjeant of His Majesty's Wine Cellar.

8. Et Alia, An Act to enable Sir Richard Lumley, Knight, to sell divers Manors and Lands, for the Payment of his Debts, and Preferment of his younger Children.

E. of Mountgomery's Privilege. Reymes's Arrest.

Henry Tapper (an Under Bailiff) who arrested Mr. Reymes, Servant to the Earl of Mountgomery, in his Lordship's House, at Endfeild, in Contempt of the Privileges of this House, was this Day brought to the Bar, to answer the same, and committed to The Fleet.

Bishop of Rochester's Privilege Bird's Arrest.

This Day also John Gillett was brought to the Bar, for the Arrest of John Bird, Servant to the Lord Bishop of Rochester, and committed to The Fleet, for his Contempt.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, octavum diem Maii, hora nona, Dominis sic decernentibus.