House of Lords Journal Volume 3: 12 May 1621

DIE Sabbati, videlicet, 12 die Maii,

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

Carolus Princeps Walliæ, etc.

Rectory of Dorking to Trevor and Bryan.

THE Earl of Oxford brought in the Bill, intituled, An Act of Confirmation of a Bargain and Sale of the Rectory of Dorking, and certain Lands in Surrey, heretofore made by the Right Honourable Charles Earl of Nottingham, and William late Lord Howard of Effingham, deceased, unto Thomas Trevor and William Biron, and their Heirs; which Bill the Committees thought not fit to be passed, and so it was let to sleep.

Conference reported.

The Archbishop of Canterburie reported the Conference Yesterday between the Two Sub-Committees of both Houses, to this Effect: videlicet,

1. They shewed their constant Resolution to maintain the Love and good Correspondency between both Houses.

2. Their Resolution not to invade the Privileges of this House, that have dealt so nobly with them.

3. That, out of their Zeal, they sentenced Floud; but they leave him to the Lords, with an Intimation of their Hope, that this House will censure him also.

They propounded a Protestation to be entered with them, for a Mean to accommodate the Business between both Houses.

That the Lords Sub-Committees, returning into this House, considered of the Proposition, and conceived a Form of a Protestation in Writing, which was read unto the Sub-Committee of the Commons; but it was Agreed, That the said Protestation shall not bind this House, until the House have first agreed upon it.

His Lordship further shewed, That they delivered the Commons no Copy of that Protestation.

The Protestation was read Twice, and no Exceptions taken unto it. It followeth, in bæc verba: videlicet,

A Protestation concerning the Commons Judicature.

"A Protestation to be entered, by Consent of the House of Commons, to this Purpose: That the Proceedings lately passed in that House against Edward Floud be not, at any Time hereafter, drawn or used as a Precedent, to the enlarging or diminishing of the lawful Rights or Privileges of either House; but that the Rights or Privileges of both Houses shall remain in the self-same State and Plight as before."

Sir Henry Yelverton.

The Lords being put in Mind, that, by a former Agreement, they are to proceed this Morning in the Business of Sir Henrie Yelverton; after long Consultation, a double Question was propounded: videlicet,

1. Whether the Words, or any of them, spoken by Sir Henrie Yelverton, in this House, do much touch the King's Honour, as we yet conceive?

2. Whether the Words, or any of them, spoken by Sir Henrie Yelverton, in this House, may touch the King's Honour, as we yet conceive?

Memorandum, Before the Question was put, the House was moved to determine, That they are not concluded by assenting unto either of the Two Questions; but that (fn. 1) they may alter their Opinions upon the Hearing of Sir Henry Yelverton; which was Agreed unto.

It was also Agreed, To hear Sir Henrie Yelverton speak, how he will explain himself, before he be censured.

It was likewise Agreed, That the first Question only, and not the second, should be put; which being put, it was Agreed unto.

Monopolies, &c.

Hodie allatæ sunt a Domo Communi duæ Billæ: quarum una intitulatur, An Act concerning Monopolies, and Dispensation with Penal Laws, and the Forfeitures thereof.

Ordinances in Wales.

Altera autem, An Act of a Repeal of one Branch of a Statute, made in the Session of Parliament holden by Prorogation at Westm. the Two and Twentieth Day of January, in the Four and Thirtieth Year of the Reign of Henry the Eighth, intituled, An Act for certain Ordinances in the King's Majesty's Dominion and Principality of Wales.

Sir Henry Yelvarton to be brought before the Lords.

It is Ordered, That Sir Henry Yelverton be brought into the Court, to answer for himself, on Monday next, by Nine of the Clock in the Morning; and that an Order be made, and directed to the Lieutenant of The Tower, to bring Sir Henrie Yelverton, at the Time appointed, before their Lordships.

King's Counsel to collect the Charge against him.

The King's Counsel are to make a Collection of the Words spoken by Sir Henry Yelverton in this House, and to confer with the Judges about them, and to deliver their Opinion unto the House, on Monday Morning next, before Sir Henrie Yelverton be heard; and the King's Counsel are to inforce the Words against him.

The Lord Steward's Privilege. Nonne arrested.

The Lord Steward complained, That Thomas Nonne (a Servant of his) is arrested, and imprisoned in The King's Bench, contrary to the Privileges of Parliament; whereupon it was Ordered, That a Writ of Habeas corpus cum causa be awarded, and directed unto the Marshal of The Marshalsea, commanding him to bring the said Thomas Nonne before their Lordships, on Monday next, at Nine in the Morning.

Sir John Kennedy's Cabinet.

The Lord Steward also shewed, That Sir John Kennedy is an humble Suitor unto the House, that a rich Cabinet, which he gave unto the late Lord Chancellor, Viscount St. Alban, pendente lite between him and Peter Vanlore, may be restored unto him; for that the said late Lord Chancellor hath declared, that he never received the said Cabinet, and that it is yet to be restored where their Lordships shall think meet.

Whereupon it is Ordered, That the said Cabinet be forthwith brought to the Clerk of the Parliament; and to be kept by him until the House shall take such further Order for the same as shall be thought fit.

The Clerk delivered an Order thereupon unto the Petitioner.

Writ of Error, Manner of bringing it in.

According to the Order of the Eighth of this May, the Earl of Huntingdon brought in a Precedent, touching the Delivery of the Record here by the Lord Chief Justice, upon a Writ of Error to reverse a Judgment in the King's Bench; the Lord Chief Justice supplying the Place of the Lord Chancellor: videlicet,

In the Two and Twentieth Year of Edward the Third, William Thorpe, then Chief Justice, was Speaker in the Upper House, as appeareth clearly in the Parliament Roll of that Year; and, by a Book Case of one Shadlowe, who brought a Writ of Error in Parliament, it appeareth, that the same William Thorpe, Chief Justice, and then Speaker in the Upper House, did bring into the Parliament the Record of the Judgement, and the Writ was directed unto him.

Whereupon it was Ordered, That the Lord Chief Justice shall, on Monday next, bring in the Record mentioned in the Writ of Error directed unto him.

Lord Chancellor's Privilege Naunton's Audit.

It appearing unto the House, That the Writ of Habeas corpus cum causa, awarded by this Court die instentis Maii, and directed to the Sheriff of Nott. commanding him to bring the Body of John Naunton (the Lord Cromwell's Man) before their Lordships on the Day of this May, was not executed: It is this Day Ordered, That another Writ of Hebeas corpus cum causa be made, and directed to the said Sheriff, for the bringing of the said John Naunton before their Lordships, on the One and Thirtieth Day of this May.

Lord Mordaunt's Privilege.

Shereborne's Arrest.

Edward Shereborne, being arrested by William Compton, claimed the Privilege of Parliament, as Servant to the Lord Mordant, a Member of this House; and the and the said Compton being brought to the Bar, the said Compton made it known unto their Lordships, that he arrested the said Shereborne for Money which he lent to the late Lord Chancellor, upon Shereborne's Bond; and that he knew not that Shereborne was privileged, as Servant to any Member of this House; and the said Shereborne claimed his Privilege also, as being appointed by the Lord Viscount St. Alban, late Lord Chancellor, to be Collector of the Lords Subsidies.

It is Ordered, That, forasmuch as the House doth know the said Shereborne to be Servant to the Lord Viscount St. Alban (who is not a Member of the House), that, therefore, he shall not have the Privilege of the Parliament; and, for the other, the House takes no Notice of any Privilege belonging to the Collector of the Lords Subsidies: But it is further Ordered, That the Commissioners for the Seal do humbly move His Majesty to discharge Shereborne of the Collectorship of the Lords Subsidies. And William Compton was permitted to take his Remedy, by Course of Law, against Shereborne, for the said Debt, and discharged of any Contempt supposed to be committed by him.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 14^m instantis Maii, Dominis sic decernentibus.