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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'House of Lords Journal Volume 3: 28 June 1625', in Journal of the House of Lords: Volume 3, 1620-1628, (London, 1767-1830) pp. 445-449. British History Online https://www.british-history.ac.uk/lords-jrnl/vol3/pp445-449 [accessed 13 April 2024]
In this section
DIE Martis, videlicet, 28 die Junii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Greville's Bill.
THE Lord Treasurer reported the Bill touching the Copyhold Tenants of Cheltenham, in the County of Glouc. etc. sit to pass, with some small Amendments.
The which Amendments were presently Twice read, and Assented unto, and the Bill is to be ingrossed accordingly.
Dutchy of Cornwall.
The Lord Treasurer also reported the Bill touching Leases to be made by the King's Majesty of Lands, Parcel of the Dutchy of Cornewall, etc. fit to pass, with a small Amendment.
The which was Twice read, and Assented unto, and the Bill Ordered to be ingrossed accordingly.
Bills from the House of Commons.
Hodie allatæ sunt a Domo Communi duæ Billæ:
1. An Act for the Explanation of a Branch of the Statute, made in the Third Year of the Reign of our late Sovereign Lord King James, intituled, An Act for the better discovering of Popish Recusants.
2. An Act for the Enabling and Confirmation of an Agreement, or Composition, made between the King's Majesty's Commissioners of Revenue (His Majesty then being Prince of Wales, Duke of Cornewall and of Yorke, and Earl of Chester), on His Majesty's Behalf, and His Majesty's Copyholders of His Highness's Manor of Macclesfeild, in the County of Chester; and of a Decree made in the Court of Exchequer at Chester, for the perfect Creation and Confirmation of certain Lands and Tenements, Parcel of the said Manor, to be Copyhold and Customary Lands, according to the Tenor of the same Decree.
Report from the Sub-committees for Privileges, etc.
The Earl of Warwicke reported to the House, That the Lords Sub-Committees for Privileges, etc. had considered of certain Orders, for the suppressing of Disorders by Coachmen and Pages, etc.
And, That their Lordships had convented before them George Whitchere, for keeping a Tavern in The Old Palace, contrary to the Order of the last Session of Parliament, and committed him to an Officer of this House, to be brought hither this Morning to the Bar.
Androwes, a Recusant, claims Privilege.
His Lordship reported also, That one Lionel Farrington had exhibited a Petition, touching Privilege of Parliament claimed by one Androwes, in a Suit commenced against him upon the Statute of Recusancy; and that their Lordships Opinion is, That the said Androwes shall remain liable to the said Actions, the Privilege of Parliament by him claimed notwithstanding. All which their Lordships did humbly leave to the House.
Hereupon, first the said Orders against the Pages, etc. were read, in hæc verba: videlicet,
"Orders made by the Lords Spiritual and Temporal, assembled in the High Court of Parliament, for the suppressing of Disorders, as followeth:
Orders against Disorders by Footmen, etc.
"All Companies of Coachmen, Pages, and Footmen, by what Name soever they call themselves, to be forth with dissolved and broken; and, if they shall meet again in such Companies, or labour to erect the same again, they are to be punished severely, for public Example.
"That no Tavern-keeper, Victualer, or any other that may invite Disorder of this Kind, shall from henceforth receive any Pawns, for Satisfaction of any Money spent or gathered in or for any such disorderly Meetings; neither shall they permit any such disorderly Meetings in their Houses, if they can resist the same; and, if they cannot, then to inform some of the Lords of Parliament both of the Fact and the Names of the Offenders.
"That the Tavern now kept by George Whittchaire, near the Back Stairs going up to the Higher House of Parliament, shall be suppressed, and no more kept as a Tavern during any Session of Parliament; and that from henceforth no other Tavern be erected or permitted in that Court."
And the House approved the said Orders.
Whitchair brought to the Bar, for Contempt of the Order of the House.
The said George Whitchaire being brought to the Bar, at first pleading Ignorance of the said Order made the last Session of Parliament; but it being affirmed by divers Lords, that he had Warning given him thereof; as also that he confessed so much Yesterday before the Lords Sub-committees; he confessed his Fault, and humbly craved Pardon for the same.
Committed.
Ordered, To be committed to The Gatchouse, for his Contempt of the said former Order of Parliament; but to pay no Fees, and to enjoy the Privilege of Parliament against his Creditors, during the Time of his Commitment.
Then the Petition of Lionel Farrington was read, in hæc verba: videlicet,
"To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.
Farrington's Petition, touching Privilege to Popish Recusants.
"The humble Petition of Lionel Farrington, Gentleman, Sheweth, That your Petitioner doth sue one William Androwes, Gentleman, a Popish Recusant, tam pro Domino Rege quam pro seipso, for Two Hundred and Twenty Pounds, in the Court of Common Pleas, upon the Statute of 23° Eliz. for Popish Recusancy; and upon the Statute of 3° Jacobi, for Twelve Hundred Pounds, for practising the Common Law as a Common Solicitor, being a Convicted Popish Recusant.
"The said Androwes, in Contempt of the Court, would not appear; whereupon your Petitioner caused him to be arrested, upon an Attachment, at the Suit of His Majesty, upon the 18th Day of this Instant June; and, being arrested, he shewed forth a Protection, dated 9 Maii last, subscribed by the Right Honourable the Lord Evre; whereupon your Petitioner, in Obedience to this Honourable Court of Parliament, caused the Serjeants to set him at Liberty.
"He humbly craveth your Honours would be pleased to give Direction, whether your Petitioner may proceed against the said Androwes upon the said Suits and Arrests (he being a Convicted Recusant), notwithstanding his Protection."
The which Petition being read, after serious Debate of the Privilege of Parliament;
Privilege not to extend to Recusants.
Androwes to be proceeded against, notwithstanding his Privilege.
It is Ordered, and Declared, That none are to be privileged against any Statute of Recusancy; and it was then also Agreed, That the said Lionel Farrington may proceed in his Suits against the said William Androwes, touching Recusancy, any Privilege of Parliament claimed by the said Androwes notwithstanding.
Message sent from the Commons, by Sir Edward Cooke and others:
Message from the King, concerning the General Fast.
That they have received a pious Message from the King, concerning a Public and General Fast. For the Public, if it could be so soon, the King would have it on Thursday come Sevennight.
Concerning the Private, for their own House, he left it to themselves, and their own Way.
They humbly desire a Conference, for appointing a Time for the Fast of both Houses.
Answered:
Answer.
That the Lords, being now engaged in some Business, will return Answer, by Messengers of their own, very speedily.
The Reason why no other Answer was given is, for that this House had not as yet received any Message from His Majesty, of His Pleasure touching the said Fast; which their Lordships expected to receive first from the King Himself, considering that the Petition was offered as well from themselves as from the Commons.
The Earl of Warwicke also reported to the House an Order conceived by the said Lords Sub-committees, touching those that shall be absent from the House, without Leave or lawful Excuse; which was read, in hæc verba: videlicet,
Order concerning the absent Lords.
"If any Lord of Parliament shall be absent from the House, and shall not, by some other Lord, make such an Excuse for his Absence as the House shall allow of, he shall pay to the Poor Man's Box Five Shillings for every such Absence. If any Lord of Parliament, that hath a Proxy, be absent as aforesaid, he shall pay for every Proxy Five Shillings."
The which Order, being Twice read, was generally approved and assented unto, as touching those that shall be absent, to begin after Monday next. Yet it (fn. 1) was put to the Question, whether, by this Order, the Bishops and Barons shall pay equal with the Earls or no; and Agreed unto per plures, to pay equal with the Earls; and so the said Order was fully concluded.
Browne, King's Servant's Privilege.
Robert Browne, His Majesty's Servant, was brought to the House, by a Habeas corpus, etc. (according to the Order of the 25th of this June); and it appearing to their Lordships, that he was arrested, and detained in Prison, contrary to the Privilege of Parliament, he was set at Liberty, and the Sheriffs of London discharged for the same; and Hugh Povey, the Serjeant's Yeoman who arrested him, and Henry Shawe, at whose Suit he was arrested, were committed to The Fleet, for their wilful Breach of the Privileges of Parliament.
Earl of Sussex's Privilege Markham's Arrest.
Samuel Markham, Servant to the Right Honourable the Earl of Sussex, was also brought before their Lordships, by Habeas corpus, etc. according to an Order of the said 25th of this June; and the Writ and Return being read, and it appearing to their Lordships that he was arrested and detained contrary to the said Privileges, he the said Samuell was set at Liberty; and the Marshal of The King's Bench (whose Prisoner he was) discharged for the same; saving to his Creditors their several Actions against him hereafter.
Message from the King, concerning the General Fast.
The Lord Conway signified to the Lords, That he had been commanded by the King to deliver unto the House His Majesty's Pleasure concerning the Fast; acknowledging his Error that he had not delivered it sooner unto them; which was occasioned by Businesses with the Ambassadors from The States, who detained him longer than he expected.
And his Lordship delivered the King's Pleasure to their Lordships, to the same Effect as it was delivered to the Commons. Wereupon a Message was sent to the Commons, by
Mr. Attorney General and
Mr. Serjeant Davenporte:
Message for Conference to appoint a Day for the Fast.
That the Lords have received His Majesty's Pleasure touching the Petition for a General Fast; and therefore have appointed the Conference by them desired to be presently, in the Painted Chamber, with the former Committee that delivered the said Petition.
Answered:
Answer.
That they have appointed their former Committee, to meet their Lordships presently.
Report from the Conference.
The Lords being returned from the Conference, the Lord Treasurer reported, That the Commons did refer the Time and Place for the Fast of both Houses unto their Lordships: That they had made Choice of Four Preachers, when they had appointed a Private Fast for themselves; and had Ordered, That every Member of their House should be present. And intimated their Desire, that the Private Fast of both Houses may precede the General Fast.
The Report ended, their Lordships Agreed, to defer their Answer until the Afternoon, for that the Day was far spent.
Notice thereof was given to the Commons accordingly.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum instantis diei, hora tertia, Dominis sic decernentibus.
Post meridiem,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
General Fast.
THEIR Lordships being put in Mind of their Conference to be had this Afternoon, touching the General Fast, the House was adjourned ad libitum, to the End it might be the more freely discussed what should be propounded to the Commons concerning the same.
The House being resumed again; it was Agreed by their Lordships as followeth:
Manner of keeping it.
1. The Fast of the Lords and Commons to precede the General Fast.
2. And this to be on Saturday next.
3. To be kept after the same Manner which is prescribed by the King's Majesty, in a Book now in Printing; the Time of Meeting to be at Nine in the Morning.
4. This House to keep the Fast in the Collegiate Church of Westm. by itself.
5. Two Bishops appointed to preach there; videlicet, the Lord Bishop of Bath and Wells, and the Lord Bishop of Sarum.
6. A Collection to be then made for the Poor.
And this to be intimated to the Commons, with this Reservation, if the Commons can (fn. 2) attend the Fast on that Day.
Days fixed for it.
Then their Lordships took into their Considerations on what Day the General Fast should be appointed; for that Thursday come Sevennight (the Day propounded for it) is too short a Time for the whole Kingdom to take Notice thereof, and to prepare themselves for it.
In the End, their Lordships Agreed on Saturday next for the City of London to keep their Fast.
On Monday following for the City of Westm. And on Saturday come Fortnight for the whole Kingdom.
Message sent to the Commons, by Mr. Serjeant Finch and Mr. Serjeant Richardson: videlicet,
Message to the H. C.
That the Lords are now ready for the Conference desired in the Morning, with the former Committees, in the Painted Chamber.
Answered:
Answer.
They will give their Lordships a present Meeting for the same, at the Place appointed.
The Lords Committees being returned from the Conference, the Lord Treasurer reported, That the Commons agree in all Circumstances with this House, touching the said Fast.
Lords to take the Names of those present at the Fast.
Memorandum, That the Earl of Clare, the Lord Bishop of Bangor, and the Lord Spencer, are appointed by the House, to take the Names of those Lords who shall be present at the Fast.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis proximum, videlicet, 30m diem instantis Junii, hora 9a, Dominus sic decernentibus.