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: 19 April 1626', in Journal of the House of Lords: Volume 3, 1620-1628, (London, 1767-1830) pp. 562-565. British History Online https://www.british-history.ac.uk/lords-jrnl/vol3/pp562-565 [accessed 9 May 2024]
In this section
DIE Mercurii, 19; die Aprilis,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
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Archiepus. Cant. Archiepus. Eborum. Epus. London. p. Epus. Durham. p. Epus. Winton. Epus. Petriburg. Epus. Hereforden. Epus. Wigorn. Epus. Norwicen. p. Epus. Roffen. p. Epus. Co. et. Lich. p. Epus. Bath. et W. p. Epus. Bangor. Epus. Elien. p. Epus. Cicestren. Epus. Oxon. Epus. Cestren. p. Epus. Landaven. Epus. Lincoln. p. Epus. Sarum. Epus. Exon. p. Epus. Meneven. Epus. Bristol. Epus. Asaphen. Epus. Carlien. p. Epus. Gloucestren. |
p. Thomas Coventre, Miles, Ds. Custos Magni Sigilli. p. Comes Marleborough, Mag. Thesaur. Angliæ. p. Comes Manchester, Præsidens Concilli Domini Regis. p. Comes Wigorn, Ds. Custos Privati Sigilli, et Senesc. Hospitii. Dux Backingham, Magnuis Admirallus Angliæ. Marchio Winton. Comes Arundell et Surr. Comes Maresc. Angliæ. p. Comes Pembrook, Camerar. Hospitii. Comes Oxon. Comes Northumbriæ. Comes Salop. p. Comes Kantii. Comes Derbiæ. Comes Rutland. Comes Cumbriæ. p. Comes Sussex. Comes Huntingdon. Comes Bath. Comes Bedford. p. Comes Hertford. p. Comes Essex. Comes Lincoln. p. Comes Nottingham. Comes Suffolciæ. p. Comes Dorsett. p. Comes Sarum. p. Comes Exon. p. Comes Mountgomery. p. Comes Bridgwater. p. Comes Leicestriæ. p. Comes North'ton. Comes Warwiciæ. p. Comes Devon. p. Comes Cantabr. p. Comes Carlile. p. Comes Denbigh. Comes Bristol. Comes Angle. p. Comes Holland. p. Comes Clare. p. Comes Bolingbrook. p. Comes Westmerland. p. Comes Berk. Comes Cleveland. Comes Mulgrave. Comes Danby. Comes Totnes. p. Comes Monmouth. Vicecomes (fn. 1) Mountague. Vicecomes Wallingford. Vicecomes Purbeck. Vicecomes Maunsfeild. Vicecomes Colchester. p. Vicecomes Rotcheford. Vicecomes Tunbridge. Vicecomes Say et S. p. Vicecomes Wimbleton. p. Ds. Conway, Prin. Sec. p. Ds. Abergovenny. Ds. Audley. p. Ds. Percy. p. Ds. Willoughby. p. Ds. Delawarr. p. Ds. Berkley. Ds. Morley et M. Ds. Dacres. p. Ds. Scroope. p.Ds. Dudley. p. Ds. Stourton. p. Ds. Herbert. Ds. Darcy et M. Ds. Vaux. Ds. Windsore. Ds. Mordant. Ds. St. John de Br. p. Ds. Cromewell. Ds. Evre. p. Ds. Compton. p. Ds. Pagett. p. Ds. North. p. Ds. Howard de W. Ds. Wootton. p. Ds. Russell. Ds. Grey de Gr. Ds. Petre. Ds. Spencer. p. Ds. Denny. p. Ds. Stanhope de H. Ds. Arundell de W. Ds. Teynham. Ds. Stanhope de Sh. Ds. Noel. Ds. Brooke. p. Ds. Mountague. Ds. Grey de W. Ds. Deyncourt. p. Ds. Ley. Ds. Robarts. Ds. Vere. |
THE Lord President reported the Petition of the Earl of Bristoll fit to be presented to the House. Whereupon the same was read 1a et 2a vice, in hæc verba: videlicet,
"To the Right Honourable the Lords of the Higher House of Parliament.
"The humble Petition of John Earl of Bristol,
Earl of Bristol's Petition.
"Humbly shewing unto your Lordships, that he hath lately received his Writ of Parliament (for which he returneth unto your Lordships most humble Thanks); but jointly with it a Letter from my Lord Keeper, commanding him, in His Majesty's Name, to forbear his Personal Attendance; and, although he shall ever obey the least Intimation of His Majesty's Pleasure, yet he most humbly offereth to your Lordships wise Considerations (as too high a Point for him) how far this may trench upon the Liberty and Safety of the Peers, and the Authority of their Letters Patents, to be in this Sort discharged by a Letter missive of any Subject, without the King's Hand; and, for your Lordships due Information, he hath annexed a Copy of the said Lord Keeper's Letter, and his Answer thereunto.
"He further humbly petitioneth your Lordships, that, having been for the Space of Two Years highly wronged, in Point of his Liberty and of his Honour, by many sinister Aspersions, which have been cast upon him, without being permitted to answer for himself; the which hath been done by the Industry and Power of the Duke of Buckingham, to keep him from the Presence of their Majesties and the Parliament, lest he should discover many Crimes concerning the said Duke:
"He therefore most humbly beseecheth, that he may be heard, both in the Point of his Wrongs, and of the Accusation of the said Duke; wherein he will make it appear how infinitely the said Duke hath abused their Majesties, the State, and both the Houses of Parliament. And this, he is most confident, will not be denied, since the High Court of Parliament never refuseth to hear the poorest Subject, seeking for Redress of Wrong; nor the Accusation against any, be he never so powerful.
"And herein he beseecheth your Lordships to mediate with His Majesty, for the Suppliant's coming to the House, in such Sort as you shall think fitting; assuring His Majesty, that all that he shall say shall not only tend to the Service of His Majesty and the State, but highly to the Honour of His Majesty's Royal Person, and of His Princely Virtues; and he shall pray to God for your Lordships Prosperities.
"Bristol."
Lord Keeper's Letter to him, for him to forbear his Attendance in Parliament.
"My very good Lord,
"By His Majesty's Commandment, I herewith send unto your Lordship your Writ of Summons for the Parliament; but withall to signify His Majesty's Pleasure herein further; That, howsoever He gives Way to the awarding of the Writ, yet His Meaning thereby is, not to discharge any former Direction for Restraint of your Lordship's coming hither; but that you continue under the same Restriction as you did before; so as your Lordship's Personal Attendance is to be forborne. And therein I doubt not but your Lordship will readily give His Majesty Satisfaction. And so I recommend my Service very heartily unto your Lordship, and remain your Lordship's
"Assured Friend and Servant,
Dorset-Court, the 31st March, 1626.
"Thomas Coventry."
His Answer.
"May it please your Lordship,
"I have received your Lordship's Letter of the 31st of March, and with it His Majesty's Writ of Summons for the Parliament. In the one, His Majesty commandeth me, that, all Excuses set aside, upon my Faith and Allegiance, I fail not to come to attend His Majesty; and this under the Great Seal of England. In the other, as in a Letter missive, His Majesty's Pleasure is intimated by your Lordship, That my Personal Attendance should be forborne. I must crave Leave ingenuously to confess unto your Lordship, that I want Judgement rightly to direct myself in this Case; as likewise that I am ignorant how far this may trench upon the Privilege of the Peers of this Land, and upon mine and their Safeties hereafter: For, if the Writ be not obeyed, the Law calleth it a Misprision, and highly sineable, whereof we have had late Examples: And a missive Letter (being avowed or not), (fn. 2) it is to be doubted, would not be adjudged a sufficient Discharge against the Great Seal of England. On the other Side, if the Letter be not obeyed, a Peer may de Facto be committed upon a Contempt in the Interim, and the Question cleared afterwards. So that, in this Case, for that it is above my Abilities, I can only answer your Lordship, that I will most exactly obey; and, to the End I may understand which Obedience will be in all Kinds most suitable to my Duty, I will presently repair to my private Lodging at London, and there remain until, in this and other Causes, I shall have petitioned His Majesty, and understood His further Pleasure. For the second Part of your Lordship's Letter, where your Lordship faith, That His Majesty's Meaning is not thereby to discharge any former Directions, for Restraint of your Lordship's coming hither, but that you continue under the same Restriction as before, so that your Lordship's Personal Attendance here is to be forborne; I conceive your Lordship intendeth this touching my coming to Parliament only; for as touching my coming to London, I never had at any Time one Word of Prohibition, or colourable Pretence of Restraint; but, to the contrary, having His late Majesty's express Leave to come to London, to follow my Affairs, out of my Respect unto His Majesty (then Prince), and to the Duke of Buck. I forbore to come until I might know whether my coming would not be disagreeable unto them. Whereunto His Majesty was pleased to answer, both under the Hand of the Duke and of Mr. Secretary Cottington, that He took my Respect unto Him herein in very good Part, and would wish me to make Use of the Leave which the King had given me, since which Time, I never received Letter or Message of Restraint; only His Majesty, by His Letter, bearing Date the 10th of June, commandeth me to remain as I was in the Time of the King His Father; which was, with Liberty to come to London, or follow my own Affairs, as I please, as will appear unto your Lordship by the original Papers this Bearer will shew unto your Lordship, if you will afford me so much Favour as to peruse them. I have wrote thus much unto your Lordship, because I would not, through Misunderstanding, fall into Displeasure, by my coming up; and to intreat your Lordship to inform His Majesty thereof; and that my Lord Conway, by whose Warrants I was only restrained in the late King's Time (of Blessed Memory), may produce any one Word that may have so much as any colourable Pretence of debarring my coming to London. I beseech your Lordship to pardon my Desire to have Things clearly understood, for the Want of that formerly hath caused all my Troubles; and when any Thing is misinformed concerning me, I have little or no Means to clear it; so that my chief Labour is to avoid Misunderstandings.
"I shall conclude with beseeching your Lordship to do me this Favour, to let His Majesty understand that my coming up is only to understand His Pleasure; whereunto I shall in all Things most dutifully and humbly conform myself. And so, with my humble Service to your Lordship, I recommend you to God's holy Protection; and remain,
"Your Lordship's
"Most humble Servant,
Sherborne, the 12th of April, 1626.
"Bristol."
Report from the Committee of Privileges.
The Lord President also reported the Remonstrance and Petition of the Peers, concerning the Claim of their Privileges from Arrests and Imprisonments, during the Parliament, which was conceived by the Lords SubCommittees for Privileges, according to the Order of the House (18 Aprilis). The which was read 1a et 2a vice, in hæc verba: videlicet,
"The Remonstrance and Petition of the Peers.
Petition of the Lords, touching the Commitment of the Earl of Arundell.
"May it please Your Majesty,
"We the Peers of this Your Realm, now assembled in Parliament, finding the Earl of Arundell absent from his Place, that sometimes in this Parliament sat amongst us, his Presence was therefore called for. But hereupon a Message was delivered unto us from Your Majesty, by the Lord Keeper, that the Earl of Arundell was restrained, for a Misdemeanor which was Personal to Your Majesty, and lay in the proper Knowledge of Your Majesty, and had no Relation to Matter of Parliament. This Message occasioned us to enquire into the Acts of our Ancestors, and what in like Cases they had done, that so we might not err in any dutiful Respect to Your Majesty, and yet preserve our Right and Privilege of Parliament; and, after diligent Search both of all Stories, Statutes, and Records, that might inform us in this Case, we find it to be an undoubted Right and constant Privilege of Parliament, That no Lord of Parliament, sitting the Parliament, or within the usual Times of Privilege of Parliament, is to be imprisoned or restrained (without Sentence or Order of the House), unless it be for Treason, or Felony, or for refusing to give Surety for the Peace. And, to satisfy ourselves the better, we have heard all that could be alledged by Your Majesty's Learned Counsel at Law, that might any Way infringe or weaken this Claim of the Peers; and to all that can be shewed or alledged, so full Satisfaction hath been given, as that all the Peers in Parliament, upon the Question made of this Privilege, have una voce consented, That this is the undoubted Right of the Peers, and hath inviolably been enjoyed by them.
"Wherefore, we (Your Majesty's Loyal Subjects and Servants, the whole Body of the Peers now assembled in Parliament) most humbly beseech Your Majesty, That the Earl of Arundell, a Member of this Body, may presently be admitted, with Your Gracious Favour, to come fit and serve Your Majesty, and the Common-wealth, in the great Affairs of this Parliament. And we shall pray, etc."
This Remonstrance and Petition being read, it was generally approved of by the whole House; and Agreed, To be presented unto His Majesty by the whole House.
And further Agreed, That the Lord President, the Lord Steward, the Earl of Cambridge, and the Lord Great Chamberlain, should presently go to the King, to understand His Majesty's Pleasure, when they shall attend Him.
The whole House to attend the King with this Petition.
And the said Lords being returned; the Lord President reported, That His Majesty had appointed this Day between Two and Three, for the whole House to attend His Majesty, with the said Remonstrance and Petition, in the Chamber of Presence at Whitehall.
And it was Agreed, That the Lord Keeper should then read the same unto the King, and present it unto His Majesty.
Supply of Gun-powder, etc.
The Lord Treasurer signified unto the House, That whereas heretofore certain Merchants did offer to provide Gun-powder and Salt-petre, for which they demand the Prices which they themselves should pay, and Ten Pounds pro Centum for their Pains, Charges, and Adventure at Sea; and propounded, that, if the King would disburse the Sum of Twenty Thousand Pounds, it would save His Majesty Five or Six Pounds in the Hundred, amounting to about Ten or Twelve Hundred Pounds (as may appear by the Report of the Committee for Defence of the Kingdom, made in the House 24 March last): But now the Merchants do recede from their Offer to provide the Gun-powder or Saltpetre at their own Charge; and require to have the King disburse the Money unto them first; for which they will be accountable: wherefore, in regard of the Want of Money at this Time, his Lordship propounded, that the said Committees might presently meet; and so they did.
Captives in, Bathary.
The Lord President reported, The Lords Committees appointed the 22d of March, have considered of the Means to redeem the Poor Captives at Salley; and do find, that either they are to be fetched away by Force, or a Treaty to be had with the King of Morocco to redeem them, or Money sent to ransom them. Other Means than these Three they could not think of Whereupon the House thought it best, that a Messenger be sent from His Majesty to the King of Morocco, to treat with him for their Liberty. And the Lord President was appointed to move His Majesty herein, at his own best Opportunity.
Earl of Sussex's Privilege.
Wild's Arrest.
The Lord President reported, That the Lords Committees for Privileges, etc. have considered of the Discharge of Richard Wild (the Earl of Sussex's Servant), according to the Order of the 15th of this April; and their Lordships are of Opinion, That the Bailiff who discharged the said Wild, upon the said Earl's Letter (the Arrest being within the Time of Privilege), being taken but upon Mesne Process, is not therefore to be troubled, or any Way impeached or sued for the same; and that the said Francis Thcobalds is to be admonished by the Lord Keeper of his Contempt, for his molesting, and threatening to sue, the said Bailiff for the same.
And the Lord President further reported, That the said Lords Committees are of Opinion, That one Release, made by the said Richard Wild unto Sir Robert Wynd, Knight, of a Bond of Eighty Pounds (the which Release bears Date about the 20th of January last), and left in the Hands of the said Gillett, shall be delivered by the said Gillet unto the Clerk, to be kept by him, until it shall appear that the said Release was left with the said Gillett, for the Benefit of the said Francis Theobalds.
All which was Ordered accordingly.
Privilege in Arrests.
And it was further moved, That it be Declared and Ordered, That if hereafter any, upon Arrest, shew his Privilege, he is not to be detained, but set at Liberty. But, if he be under Arrest before the Privilege be shewn, then not to be delivered but here at the Bar.
Which was referred to the Lords Committees for Privileges, etc.
Memorandum, That the said Fraunces Theobalds did afterwards make it appear unto the Clerk, by the Affidavit of John Trowsdale (who is a Witness to the Release in the Order mentioned), taken before Sir John Michell, Knight, One of the Masters of the Chancery, dated 4 Maii 1626, that the said Release was left with the said John Gillett, for the Benefit of him the said Fraunces Thcobaldes. And thereupon the Clerk delivered him the said Release.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, vicesimum diem instantis Aprilis, hora nona, Dominis sic decernentibus.