Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 2 die Junii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Carolus Princeps Walliæ, etc.
Writ of Error. Evre versuo Moyle.
ORDERED, That His Majesty's Writ of Scire facias ad audiendum Errores, in a Writ of Error against John Moyle, be awarded to the Sheriff of the County of Buck; but Evre is to assign Errors first.
Bp. of Rochester's Privilege. Jellett released.
Ordered, That John Jellett, who arrested the Lord Bishop of Rochester's Man, be released and discharged of his Imprisonment.
Skory and Bennet.
Upon the Petition of Mrs. Elizabeth Skory (an Orphan), the Youngest Daughter of Sir John Skory, Knight, deceased, exhibited this Day unto the Upper House of Parliament, it is Ordered by the Lords Spiritual and Temporal of this High Court of Parliament, That Sir John Bennett shall forthwith give Bonds with Sureties unto the said Elizabeth Skory, for Payment of Eleven Hundred Pounds, the which was deposited in his Hands (at the Beginning of December last), as Judge of the Prerogative Court of Canterbury, with such Profit for the same, and at such Days of Payment, and with such Sureties, as the Lord Archbishop of Canterbury his Grace shall allow of.
Sir John Bennet and Sir William Bird.
Whereas Sir John Bennett, Knight, is accused and complained of to the High Court of Parliament, of divers Briberies and Corruptions committed by him as Judge of the Prerogative Court of Canterbury, whereof he hath not yet cleared himself, but hath prayed over to answer the same; it is Ordered, by the Lords Spiritual and Temporal of this High Court of Parliament, That, in the interim, until the said Sir John Bennett shall clear himself and be acquitted of the said Briberies and Corruptions, Sir William Bird, Knight, Doctor of the Civil Laws, shall execute the Place of Judge of the said Prerogative Court of Canterbury; but the Fees and Profits thereof shall be answered unto the said Sir John Bennett.
Richard Kilvard privileged by the House.
Whereas Richard Kilvarde hath informed this Court of many Corruptions against Sir John Bennett, Knight, and doth offer to produce Proofs of many more Corruptions against him the said Sir John Bennett, by the next Sitting of the Parliament, and doth fear to be arrested, or otherwise to be impeached of his Liberty, in the mean Time; it is Ordered by the Lords Spiritual and Temporal of this High Court of Parliament, That the said Richard Kilvard shall not be arrested, nor restrained of his Liberty, for Debt or otherwise; but, if he be called before the High Commissioners, he shall appear and answer to such Matters as shall be there objected against him as they shall think fit in Justice, so as he be not restrained of his Liberty.
Prisoners for arresting the Lords Servants, may be discharged.
It is this Day also Ordered, That the Lords Committees upon Petitions may dismiss and discharge out of Prison all poor Prisoners committed for their Contempt for arresting of any of the Lords Servants, contrary to the Privileges of the House.
Bishop of Landaff admonished in Convocation.
The Lord Archbishop of Canterbury reported, That (according to the Order of this House, of the 31st of May) his Grace gave an Admonition, in the Convocation House, unto the Lord Bishop of Landaph, touching the Matter complained of him by the Commons.
The Lord Archbishop of Canterbury reported also, That his Grace, and the other Lords Committees joined with him, had taken divers Examinations, touching the scandalous Words spoken by Thomas Jermy, whereof the House was informed by the Petition of Jeffrey Passmore; and they find those Speeches were spoken by him; and they are confessed also by Jermy himself, but that they were spoken in Drink, with great Sorrow for the same.
The Lords being in their Robes, the King's Majesty came, and made a Gracious Speech unto them; wherein it pleased His Majesty to remember, "That, upon Monday last, He sent a Message to this House, and another to the Commons; declaring His Royal Pleasure for the Adjournment of the Parliament, and the Reasons thereof. His Majesty also took Notice of, and gave the Lords Thanks for,
"1. Their Obedience to the Message, and the Acknowledgment of the King's Power to call, adjourn, and dissolve Parliaments.
"2. That they did not join with the Commons in a Petition to His Majesty (as they desired), touching the Not-Adjournment of the Parliament at this Time.
"3. That the Lords left the Form of the Adjournment unto His Majesty.
"4. And expedited the Bill which His Majesty sent touching the Adjournment.
"His Majesty also took Notice of the Form of Adjournments discussed here Yesterday; and that the Opinions of the Judges are, That the Adjournment by the King keeps the Parliament in Statu quo prius until the next Sitting; but that then no Committees are to meet; but, if the Adjournment be by the House, then the Committees and other Matters do continue.
"His Majesty did further declare His Royal Pleasure, That, in these Matters, the Judges and His Attorney are to be heard here in the House; and that yet the Privileges and Liberties of the Lords be maintained, and no ways abridged.
"That, out of Princely Care to His People, He gave much longer Warning of this Adjournment than any of His Predecessors had done, to the End that such Bills as were most material for the Commonwealth might be expedited in the mean Time, especially those against Informers, and Writs of Supersedeas and Certiorari. And His Majesty (demanding first the Opinion of the Judges) said, He could do of himself what those Two Bills required.
"And whereas some say no Good hath been done in this Parliament, and shall they so return? His Majesty put the Lords in Mind of the Two Patents, grievous to the Commonwealth (of Inns, and Gold and Silver Thread), called in by His Majesty; and also how this Parliament had censured the late Lord Chancellor, which is an Example to all Judges.
"His Majesty affirmed, that, had the Commons made an humble Answer unto His Message for the Adjournment, He would have granted them a Ten Days longer; that now He will not yield unto their Request; but, if the Lords think that an Eight or Ten Days more will expedite those Bills that be now in the House, He will grant it."
This being said, it pleased His Majesty to go into His Drawing Rooms, that the Lords might the more freely discuss this Matter amongst themselves.
Message to the Commons.
The Lords taking this His Majesty's Gracious Offer into Consideration, thought fit to advise with the Commons also therein, and send this Message unto them by Mr. Serjeant Crewe and Mr. Attorney General: videlicet,
The Lords desire a free Conference with the Commons presently in the Painted Chamber, about Matters of great Importance, wherein no Time is to be lost; the Commons to be of the whole House.
Parliament enlarged by the Lords desire to the King.
The King's Majesty being returned, the Lords humbly thanked His Majesty for His Gracious and Free Offer; and acquainted His Majesty with their Message to the Commons, for a free Conference presently touching the same; and humbly besought His Majesty to enlarge His Offer to this Day Fortnight: Which His Majesty yielded unto, with this, That it be understood to be His Majesty's free Offer to give this Election unto His People, either to have an Adjournment, or longer Time to pass some Bills, and so to make a Session.
His Majesty departed.
Answer returned from the Commons,
That they will attend the Conference presently.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum usque in horam tertiam hujus diei in pomeridiano, Dominis sic decernentibus.
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
THE Amendments of the Bill of Informers, videlicet, the Title altered, and Eleven Amendments in the Bill, were Twice read.
Informations of Penal Statutes.
Hodie 3a vice lecta est Billa, An Act for the Ease of the Subjects, in Pleading to Informations of Penal Statutes, with the Amendments.
Put to the Question, and Assented unto.
Report from the Conference, concerning the Adjournment of the Parliament.
The Lord Treasurer reported the Conference with the Commons, videlicet, That the Lords delivered unto them how that His Majesty hath freely granted this Election, whether the Parliament shall be adjourned on Monday next, or continued until this Day Fortnight (to the End that some Bills of Importance may be prepared for His Majesty's Royal Assent), and then prorogued. The Commons having considered of this, they acknowledged His Majesty's Power to call, adjourn, prorogue, and dissolve Parliaments; and His Majesty's Grace and Favour in granting this Election; for which they desire, that the Lords and they join in a grateful Thankfulness to the King.
Reasons for Adjournment, rather than Prorogation.
Their humble Desire is, that it would please His Majesty to adjourn the Parliament (the Form whereof they leave to His Majesty):
1. For that they have discharged their Committees, which they cannot now recollect so suddenly.
2. Neither will that Time suffice to bring to Effect the Matters of great Importance they had in Hand.
They desire also to present to His Majesty (with the Lords) Three Petitions:
1. The Matter of Trade, videlicet, The Manufactures to be distributed to the several Out-parts of the Kingdom.
2. Money not to be exhausted out of the Realm.
3. That Ordnance be not transported.
And lastly, they again renewed their former Request, that both the Houses may join in their Thanks unto His Majesty.
Message to the Commons.
Message sent to the Commons, by Mr. Serjeant Crewe and Mr. Attorney General:
That the Lords, upon their Return from the Conference, have entered into Consideration of the Requests, which the Commons desire to be propounded to the King's Majesty; and have appointed a Committee of Twelve of this House to join with a Committee of theirs, to present the same unto His Majesty in the Afternoon, if His Majesty shall please to admit them to His Presence. And whereas they are (fn. 1)
The Names of the Committees to attend the King, with the said Petitions: videlicet, the
L. Archbp. of Cant.
E. of Arundell.
E. of South'ton.
L. Bp. of Duresm.
L. Bp. of Winton.
L. St. John.
The House intreated the Prince his Highness to present the Thanks from both the Houses unto the King's Majesty, for their Election of an Adjournment or Prorogation; and the Lord Archbishop of Cant. is appointed to present the Requests of the Lords and Commons.
Answer returned from the Commons, by the same Messengers: videlicet,
They have received with much Joy the often Messages from their Lordships.
Their humble Request is, That he whom the Lords shall appoint to be Speaker unto the King for them, may also be the Speaker for the Commons.
The same Messengers were returned to the Commons, with this Advisement:
That the Lords have humbly desired the Prince his Highness to present their Thanks unto the King's Majesty; and the Lord Archbishop of Cant. is to deliver the Requests of the Lords and Commons.
Manors of Stepney and Hackney.
The Earl of Bridgwater returned into the House the Bill concerning the Lord Wentworth's Copyhold Tenants of Stepney and Hackney; and reported the same fit for a Third Reading.
The House, being informed of divers ignominious and base Speeches, used by one John Cranfeild, a Prisoner in The Fleet, against the Prince and Princess Palatine, and against the Lords of this High Court; have this Day Ordered, That the said Cranfeild, together with Thomas Tyll, Humfrey Wall, Raphe Kerling, Richard Erby, and Thomas Orgen (who heard the said Speeches), be brought on Monday next, by Seven of the Clock in the Morning.
Earl of Montgomery's Privilege.
Whereas Henry Tupper, in a very contemptuous Manner, arrested the Earl of Mountgomeries Man, for which he is a Prisoner in The Fleet; it is this Day Ordered, That he shall undergo such Punishment for the same as the Committees for Petitions shall think fit.
Tupper to be enlarged, upon making his Submission.
The said Committees did afterwards (upon the Petition of the said Henry Tupper to be enlarged) (fn. 2) order the said Henry Tupper to make his Submission to the Earl of Mountgomery; then to acknowledge his Fault at Waltham, on a Market-day, and at the County Court near the Place where he dwells, and then to be set at Liberty, paying his Fees.
The Lords Followers to enjoy their Privileges during the Session.
The Lord North moved the House, That the Lords Followers may enjoy their Privileges during the Time of this Session; and that some Redress be had if any be arrested contrary to the Privilege of the House; and also that such general Notice be given of the Lords Determination herein as Men may not offend of Ignorance.
The Judges to consult and advise hereof against Monday Morning; and then to deliver their Opinions to the House.
The Lord North also moved, That the Lords Subcommittees for the Privileges, &c. may distribute the Money in the Poor Man's Box.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 4m diem instantis Junii, 1621, hora 8a, Dominis sic decernentibus.