House of Lords Journal Volume 2: 30 April 1604

Die Lunæ, videlicet , ultimo die Aprilis:

Ordnance, &c.

UPON Signification given to the House, That the Committees on the Bills concerning Ordnance, and the Fens, could not meet at the Times formerly appointed; it was now Ordered, That the said Committees should meet on the Bills To-morrow, being the first of May, at the Council Chamber at Court, by Two in the Afternoon.

Simpson's Debt, Sir Tho. Shirley. Exped.

Hodie 3^a vice lecta est Billa, An Act to secure Sympson's Debt, and save harmless the Warden of The Fleet, in Sir Thomas Sherley's Case.

Lords Absence excused.

Excuse made by the Lord Chancellor, for the Absence of the Bishop of Bathe and Wells, in respect of Want of Health.

Like Excuse for the Earl of Cumberland, delivered by the Lord Wharton.

Ld. Kinlosse's Bond read.

The Lord of Kinlosse's Bond was read in the House; and thereupon the Bill (which before had been Thrice read) was sent to the Lower House, by Mr. Dr. Swale, and Mr. Dr. Hone.

Boundaries of Exeter.

Hodie 2^a vice lecta est Billa, An Act for Explanation of a Statute, made in the Time of King Edward the Sixth, concerning the Boundaries of the County of the City of Exceter.

And was referred to Committees: videlicet,

Appointed to meet upon Thursday next, the Third of May, by Two in the Afternoon, at the Little Chamber, near the Parliament Presence. The Bill delivered to the Earl of Bedford.

Excess in Apparel.

Hodie 2^a vice lecta est Billa, An Act for Apparel, restraining the excessive Wearing of Cloth of Gold, Cloth of Silver, and Gold and Silver Lace, and Embroideries.

Earl of Cumberland's Privilege. Allome's Arrest.

Upon the Motion of the Earl of Cumbreland, the Order was renewed for the bringing of William Allome, his Lordship's Servant, before the Lords, in the House, upon Thursday Morning next, the Third of May, by the Sheriff of Middlesex, and Robert Beane and William Cabbstacke, that arrested him, by the Serjeant at Arms.

Nevill and Fane, for the Barony of Abergaventty.

The Cause concerning the Barony of Bergevenie was begun to be heard again this Day, according to the former Appointment the 26th April; but, by Occasion of a Message that came from the Lower House, and some Consultation had thereupon by the Lords, concerning the Matter of Union, the farther Proceeding in the said Cause was deferred till To-morrow Morning; and the Parties, with their Learned Counsel, commanded then to attend for that Purpose.

Ecclesiastical Affairs.

A Message from the Lower House, delivered by Mr. Vice-Chamberlain and others, signifying, that, touching the Conference for Matters Ecclesiastical, they have chosen Committees, and will be ready to meet when their Lordships shall appoint.

Answer, That the Lords will consider of it, and will presently send them Answer thereunto.

The Union of England and Scotland.

When those of the Lower House were departed, The Lords did consult what Answer were sit to return unto them, and what farther Message might be sent them for the procuring of Conference again this Day, about the Matter of Union; to which End, the Lord Chancellor did deliver (as he was desired by the Lord Cecyll and others) a brief Narration of the Conference with the Committees upon Saturday last, that thereby it might be the better considered of what were meet to propone unto them; which being debated of by the Lords, Mr. Attorney General, Mr. Dr. Swale, and Mr. Dr. Hone were sent unto them, with this Message: That, whereas their Lordships had received a Message from them, signifying they were ready for Conference about Matters Ecclesiastical, the Lords did confess that a Meeting was due for the same, and they would willingly afford it so soon as conveniently they might: But, because the Priority of Time and Consultation was to be given to the great Matter concerning the Union, and forasmuch as, at the last Conference, the Lords promised that they would inform themselves, by the Opinion of the Judges, concerning the Name or Appellation of Great Britain, and accordingly acquaint the Committees of the Lower House therewith; the Lords did therefore desire, that, as well for yielding of them Satisfaction in that Particular, as for Conference to be had about the other Point touching the Matter of the Commission, they would meet with their Lordships this Afternoon by Three of the Clock, at the Outward Chamber, near the Parliament Presence, and to come prepared and authorized to speak of the said Matter of the Commission. Hereunto the Lower House returned Answer, that, although they could now be well prepared for that Conference, yet, to shew their Willingness in this Behalf, they would attend for that Purpose, at the Time and Place appointed by their Lordships; and withal did hope and desire, that the Lords will deliver such a Proportion and Proposition in a Matter of such Importance, as they may afterwards well advise upon such Answer and Resolution as shall be meet.

Upon this Answer returned from the Lower House, that they would give Meeting; it was debated and considered by the Lords, what Points were necessary to be propounded unto them at this Conference; wherein, after many of their Lordships had delivered their Opinions, the Lord Chancellor did propone these Particulars followlowing; which were all approved and allowed of by the Lords.

1. To signify unto them, that the Judges having delivered their Opinions, that the Name cannot be altered now without Prejudice to the State (rebus sic stantibus) therefore that Point was at an End.

2. The Lords did desire to have mutual Conference with them of the other Point, touching the Commission, according to the King's Proposition.

3. To be moved unto them for the nominating of Commissioners this Parliament to treat of those Matters.

4. That some Committees of both Houses may be appointed and selected for the framing of a Bill, touching that great Matter.

A Copy of the Lord Kinlosse's Bond.

Lord Kinlosse's Bond.

" Noverint universi per præsentes, me Edwardum Bruce, Militem, Magistrum Rotulorum Curiæ Cancellariæ, teneri et firmiter obligari Thomæ Comiti Dorss't, Thesaurario Angliæ Roberto Domino Cecyll, Principali Secretario Domini Regis, Edwardo Domino Zouche, Præsidenti dicti Domini Regis infra Principalitatem et Marchias Walliæ, Edmundo Domino Sheffeild, Præsidenti dicti Domini Regis in Partibus Borealibus, Edwardo Domino Wotton, Comptrolatori Hospitii dicti Domini Regis, in Quinque Millibus Libris, bonæ et legalis Monetæ Angliæ, solvendis eisdem Thomæ Comiti Dorsett, Roberto Domino Cecyll, Edwardo Domino Zouche, Edmundo Domino Sheffeild, et Edwardo Domino Wotton, aut suo certo Attornato, Executoribus vel Assignatis suis. Ad quam quidem Solutionem bene et sideliter faciendum, obligo me, Hæredes, Executores et Administratores meos, firmiter, per præsentes, Sigillo meo sigillatos, datos vicesimo nono die Aprilis, Anno Regni Domini nostri Jacobi, Die Gratia, Angliæ, Franciæ, et Hiberniæ Regis Secundo, et Scotiæ Tricesimo Septimo, Fidei Defensoris, &c."

" The Condition of this Obligation is such; That whereas the King's Majesty, by His several Letters Patents, under the Great Seal of England, in Consideration of the good, long, and faithful Service heretofore done by the above-bounden Sir Edward Bruce, Knight, Master of the Rolls, did give and grant to him and his Heirs, the Castle and Lordship of Whorleton, in the County of Yorke, and divers other Lands, Tenements, and Hereditaments, within the said County, late Parcel of the late dissolved Monastery of Jervaux; and where also the said Edward Bruce, Knight, Master of the Rolls, hath preferred a Petition to His Majesty, in the High Court of Parliament, humbly desiring that the said Grants may be enacted and strengthened by Authority of the same; and whereas, in regard it was known to some of the Lords of the High Court of Parliament, that divers the Tenants of the said Lordship and Premisses had obtained several Leases of several Messuages and Lands, Parcel of the Premisses, from the late Queen's Majesty, and had paid their whole Fines, or some Part thereof, either to the said late Queen, or to the King's Majesty that now is, which Leases, the said Lords are informed, be not good in Law; and yet, taking Compassion of the said Tenants, have moved the said Sir Edward Bruce, Knight, Master of the Rolls, to deal favourably with such of the said Tenants as heretofore have not yielded, or agreed to yield up, relinquish, or forego, to the said Sir Edward Bruce, all Claim, Title, and Demand, which they, or any of them, could make, by Colour of any such Lease or Leases (if the said Grants to him made of the Premisses, as aforesaid, happen to be enacted as is desired); whereunto the said Edward Bruce yielded his Consent: If therefore the said Sir Edward Bruce, Knight, his Executors or Administrators, or some of them, at all Times after the said Grants to him made as aforesaid of the Premisses, be enacted and adjudged good and available in Law, by Authority of the said High Court of Parliament, in sort as by the said Petition is desired, do well and truly content, satisfy, and pay, or cause to be contented, satisfied, and paid, unto every such of the said Tenants as had any Lease or Leases of any Part or Parcel of any the Premisses to them, or any of them, made by the said late Queen's Majesty, in Consideration of any Fine, or Fines; whereof the whole, or any Part thereof, hath been paid and satisfied therefore; or in Consideration of Service, or other valuable Consideration; and which Tenant and Tenants have not, before the Ensealing and Delivery of these Presents, consented and agreed to renounce, relinquish, and forego, all Title, Right, Interest, Claim, and Demand, which they, or any of them, could or might make to any Part or Parcel of the Premisses, by Colour of the said several Leases to any and every of them made by the said late Queen's Majesty, all such Sum and Sums of Money as they, or any of them, have paid to the said late Queen's Majesty, or the King's Majesty that now is, by way of Fine or Fines for their said several Leases, or other Recompence, where no Fine hath been given, but the Estates made in Consideration of Service, or other valuable Consideration; and the said Sums of Money to be repaid, or Recompence to be made at such Days and Times as the above-named Thomas Earl of Dorsett, Robert Lord Cecyll, Edward Lord Zouche, Edmund Lord Sheffeild, and Edward Lord Wotton, or any Three of them, shall limit and appoint, or else abide such Order for the making of several new Leases to every of the said Tenants of his several Tenement, for such Terms, and under such Increase of Yearly Rent, as the said Lords, or any Three of them, shall order and judge: That then this present Obligation shall be void and of none Effect, or else stand and remain in Force and Virtue."

Adjourn.

Dominus Cancellarius continuavit Præsens Parliamentum usque in diem crastinum, videlicet, primum Maii, hora octava.