House of Lords Journal Volume 3: 26 June 1628

DIE Jovis, videlicet, 26 die Junii,

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

Continuance of some Statutes, and Repeal of others. Expedit.

HODIE 3^a vice lecta est Billa, An Act for Continuance and Repeal of divers Statutes. And Exped.

Tenants of Bromfield and Yale. Exped.

Hodie 3^a vice lecta est Billa, An Act for the Establishing of the Estates of the Tenants of Bromfeild and Yale, etc. And Exped.

Moor, Keeper of The Marshalsea, sent for, for refusing Tooke's Habeas Corpus.

The Serjeant at Arms is to bring John Moore, Keeper of The Marshalsea, before the Lords presently, to answer his Contempt, for not obeying His Majesty's Writ of Habeas Corpus, etc. pro Abraham Tooke.

Leicester Forest.

Whereas there were Two Petitions exhibited this Parliament unto the Lords, one from the Borderers, Inhabitants, and Commoners, in or near the Forest or Chace of Leicester, in the County of Leicester; the other from the Mayor, Bailiffs, and Burgesses, and other poor Inhabitants, of the Borough of Leicester, concerning the Disforestation of Leicester Forest, in the County of Leicester, with a particular Schedule of their Grievances affixed to each Petition; wherein the said Borderers do lay Aspersions of indirect Dealing in the said Disforestation, upon Sir Myles Fleetwood, Knight, employed by His Majesty in that Service, as by their said Schedule may appear; the which Schedules and Petitions were read in the House on Monday the 23d of this Instant Mouth, and then referred to the Lords Committees for Petitions, before whom they were read on Wednesday following (the 25th of this Month), and Counsel heard on both Sides; and the Opinion of the said Lords Committees was this Day reported by the Earl of Bedford to the House.

Whereupon it was Ordered, and declared, That the House hath cleared Sir Myles Fleetwood from any Aspersion or Miscarriage that was laid upon him by the said Petitions or Schedules; and have further Declared, That what was done by him was warranted by Justice and Judgement; and that it appeared unto the Committee, that he performed and gave Satisfaction unto all such as appeared by any Presentment had any Right of Common, he improving the King's Revenue, and retrenching the Charge with raising Eight Thousand Pounds to the King out of the said Forest of Leicester; and the House wished that all Service of such a Nature might have such a Servant to be employed for His Majesty. It was likewise Assented unto by the House, That, at their humble Motion to His Majesty, the Bill exhibited in the Star Chamber against those riotous Persons, as likewise against the Mayor, Burgesses, and Commonalty of Leicester, whom the Lords Committees hoped were not guilty of the Misdemeanors or Riots complained of; and that the whole Proceedings of that Suit might stay, and be no further prosecuted against any, but only against such as being mentioned in the said Bill, or having been riotous Persons within the said Towns, that shall attempt hereafter the breaking down of any of the Inclosures. And it was also moved, and Ordered, That His Majesty may be humbly moved, from the Lords of this House, That he would be pleased to give the Earl of Huntingdon a Recompence, as His Majesty out of His Favour (fn. 1) hath done to the Lords Lieutenants of His Forests, upon the Disaforesting of the said Forest of Leicester. It was also Agreed by the House, That Mr. Attorney General shall move His Majesty from their Lordships, on the Behalf of the said Mayor and Inhabitants of the Town of Leicestre, and others who are now sued in the Star Chamber for Riots concerning the said Forest, that the Suit against them may cease.

Earl of Warwick versus The East Indian Company.

A Petition was exhibited to the Lords in Parliament by the Earl of Warwicke against the East Indian Company, concerning the taking of Two Ships of his in the East Indies; the which Petition being referred to the Lords Committees for Petitions, it pleased their Lordships, after long hearing and debating the Business by Counsel Learned on both Sides, by Way of Mediation, to make an Agreement, by mutual Consent of both Parties; which was, That the East Indian Company should pay unto the Earl of Warwicke the Sum of Four Thousand Pounds, whereof Two Thousand to be paid within Ten Days, and the other Two Thousand Pounds at Michaelmas next; which Cause being by the Committees reported to the House, it was accordingly Ordered by their Lordships, That the said Sum of Four Thousand Pounds shall be paid in Manner and Form aforesaid; and that the said Earl of Warwicke and East Indian Company shall give reciprocal Releases each to others, of all Actions, Suits, and Demands, whatsoever, concerning the Premises (vide 9 Junii, for the Petition).

Committee to peruse and perfect the Journal.

Officers of the House Fees.

Money in the Poors Box to be disourced.

It is this Day Ordered, The Lords Sub-committees for Privileges, etc. or any Four of them, to meet after the End of this Session, at such Times as they shall think good, to peruse and perfect the Journal Book; and to examine what Fees are due to all the Officers of this House; and to report the same to the House the next Session; and to disburse the Money in the Poor Man's Box.

Those Dioceses which have not yet paid in their Collections for the Poor during the late Infection, to do it forthwith, and the Money to be applied for Redemption of English Captive

Whereas the Dioceses of Canterbury, Yorke, Winchester, Exceter, Bangor, Bristoll, Hereford, St. Asaph, Gloucester, and Duresme, have not paid in the Money collected for Relief of London and the Places adjoining in Time of the late Infection, according to the Order of Parliament made at Oxford, and His Majesty's Briefs thereupon; It is this Day Ordered, by the Lords Spiritual and Temporal in this Parliament assembled, That the said Dioceses of Canterbury, of Bristol, and of Gloucester, shall pay the same presently unto the Lord Archbishop of Canterbury; and the Lord Archbishop of Cant. and the Bishops of the said Dioceses are to take Notice thereof, and to cause the same to be accounted for, and paid accordingly. And the Lord Bishop of Winchester is to cause the Money collected for Durham Diocese (whence his Lordship was lately translated unto Winchester) to be accounted for unto the Lord Archbishop of Cant. and the Remainder to be paid in accordingly before Michaelmas next. And the said Bishop of Winchester, and the Bishop of Exeter, are to cause an Account to be given also of the said Money collected in their several Dioceses in the Time of their last Predecessors, unto the said Lord Archbishop; and the Money to be paid to his Grace accordingly before Michaelmas next. And whereas the Bishops of Hereford, of Bangor, and of St. Asaph, are absent by Proxy, they who are first named in their several Proxies are to send a Copy of this Order unto their Lordships, and to desire them to accompt and to make Payments of the Monies collected in their several Dioceses, as abovesaid.

And whereas the Lord Archbishop of Yorke was absent by Proxy also, and now dead, the Lord Bishop of Winchester, who had his Proxy, is hereby Ordered to send a Copy hereof unto the Vicar General of the See of Yorke, requiring him to make the like Account and Payment. And lastly it is Ordered, That the said Lord Archbishop of Cant. shall disburse the said Monies for the Redemption of such English Captives, and unto such Persons as his Grace shall be directed, under the Hands of any Six Lords of Parliament.

King present.

REX.

Memorandum, His Majesty came this Morning to give His Royal Assent to the Bills, and make an End of this Session. But His Majesty had not on His Parliament Robes; neither had the Lords on theirs, for that their Lordships did not expect His Majesty's coming until the Afternoon (prout 23 Junii, post meridiem).

Commons come up.

His Majesty being placed in His Royal Throne, the Commons were sent for, to hear His Royal Answer to the Bills.

The Commons being come, His Majesty made this Speech: videlicet,

King's Speech.

"My Lords and Gentlemen,

"It may seem strange that I come so suddenly to end this Session; wherefore, before I give My Assent to the Bills, I will tell you the Cause; though I must avow that I owe an Account of My Actions to none but to God alone. It is known to every one, that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judge; and for the Merit of it I will not call that in Question; for I am sure no wife Man can justify it.

"Now, since I am certainly informed that a Second Remonstrance is preparing for Me, to take away My Profit of Tonnage and Poundage (one of the chief Maintenances of the Crown), by alledging that I have given away My Right thereof, by My Answer to your Petition, this is so prejudicial unto Me that I am forced to end this Session some few Hours before I meant it, being willing not to receive any more Remonstrances to which I must give an harsh Answer.

"And, since I see that even the House of Commons begins already to make false Constructions of what I granted in your Petition, lest it might be worse interpreted in the Country, I will now make a Declaration concerning the true Meaning thereof.

The Profession of both Houses, in Time of hammering this Petition, was no ways to intrench upon My Prerogative; saying, They had neither Intention nor Power to hurt it: Therefore it must needs be conceived that I have granted no new, but only confirmed the ancient Liberties of My Subjects; yet, to shew the Clearness of My Intentions, that I neither repent nor mean to recede from any Thing I have promised you, I do here declare, That those Things which have been done, whereby Men had some Cause to suspect the Liberty of the Subjects to be trenched upon (which indeed was the First and true Ground of the Petition), shall not hereafter be drawn into Example for your Prejudice: And, in Time to come (in the Word of a King), you shall not have the like Cause to complain.

"But as for Tonnage and Poundage, it is a Thing I cannot want, and was never intended by you to ask, never meant (I am sure) by Me to grant.

"To conclude, I command you all that are here to take Notice of what I have spoken at this Time, to be the true Intent and Meaning of what I granted you in your Petition.

"But you, My Lords the Judges, for to you only, under Me, belongs the Interpretation of Laws, for none of the House of Commons, joint or separate (what new Doctrine soever may be raised), have any Power either to make or declare a Law without My Consent."

Speaker of the H. C. presents the Subsidy Bill.

His Majesty's Speech ended; the Speaker presented the Subsidy Bill from the Commons, which, he said, was the greatest Testimony of their Love unto His Majesty, their own Necessities, and the Time and Manner of Payment considered, that ever was granted in any One Parliament; and humbly prayed His Majesty's Royal Assent unto the Bills passed both Houses.

Bills receive the Royal Assent.

Then the Clerk of the Crown read the Title of each Bill, and the Clerk of the Parliament His Majesty's Answers to the same.

Parliament prorogued.

Dominus Custos Magni Sigilli, ex Mandato Domini Regis, prorogavit hoc præsens Parliamentum usque in diem Martis, 20^m diem Octobris proxime sequentem.