House of Lords Journal Volume 3: 4 June 1621

DIE Lunæ, 4 die Junii,

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

Carolus Princeps Walliæ, etc.

Cranfeild.

JURATI in causa Johannis Cranfeild:

Sir James Cunningham versus the Russia Company.

The Earl of Warwicke returned the Petition of Sir James Cunningham, who complains that the Muscovye Merchants detain Nine Hundred Twenty and Four Pounds and Ten Shillings, awarded him in Recompence of his Losses for Provisions made for Fishing of the Whale in Greeneland (which Voyage was stayed by His Majesty, at the humble Request of the said Muscovye Merchants). And the said Earl reported, That the Committee for that Petition had called before them divers Times the Petitioner, and Alderman Hamersly, Governor of that Company, and Benjamin Dewe, their Agent; and do find, that, out of the said Sir James Cunningham's Demands of Nine Hundred Twenty and Four Pounds and Ten Shillings, there is due unto certain poor Men, for that Voyage, divers Sums of Money, amounting unto One Hundred Twentyfour Pounds and Ten Shillings, the which the said Committee thought fit to be presently paid unto the said poor Men, unto whom the same is respectively due; and the Residue of the said Sir James Conyngham's Demands to be deferred until the next Meeting of the House. Which the House thought sit and reasonable; and Ordered, The said Payment to be made, and the rest to be respited accordingly.

Sir John Bennet.

The Lord Pagett moved the House, touching Sir John Bennett's Bail, that Sir Baptist Hickes, Knight, named for one of his Bail, being out of the Town, either Sir Edward Allen, Sheriff of London, or Mr. John Ferrar, a Merchant, or Mr. Edward Barnes of Cheapside, may be accepted in the Stead of the said Sir Baptist Hickes; which the House thought reasonable; and Ordered it accordingly.

Sir John Kennedy's Cabinet.

Upon the Petition of Sir John Kynnedy (being read), it is Ordered, That the rich Cabinet, in the Custody of the Clerk, be delivered unto Mr. Isaac Sutton, of whom the Petitioner bought the same; and that the said Isaac Sutton shall deliver up unto the said Sir John Kynneday the Bonds which he hath for the Money to be paid him for the same Cabinet. This Order was contradicted by divers Lords. Whereupon it was put to the Question, and Assented unto by most Voices.

Bellamy's Previlege. Enlarged from Prison.

Hodie the Under Sheriff of Nottinghamshire returned the Writ of Habeas corpus cum causa, and brought Originall Bellamy, one of the Yeomen of His Majesty's Guard, before the Lords; and the said Writ and Return thereof being read, it appeared that the said Originall Bellamy was first committed upon Suspicion of uttering false Gold, and afterwards detained for divers Debts in Execution, and upon many Outlawries, yet for them the said Originall Bellamy was bailed; for the Suspicion of uttering counterfeit Gold, the Lords thought it contrary to the Privileges of the House, that the King's Servants should in the Parliament Time be arrested for Debt; and they Ordered the said Originall Bellamy to be presently enlarged of his Imprisonment; and the said Sheriff to be free from all Accounts concerning the same.

Message to the Commons.

Message to the Commons, by Mr. Serjeant Crewe and Sir William Birde:

Sir Edward Villiers.

That the Lords do find Sir Edward Villiers clear of those Matters mentioned by them in their Declaration.

Informers.

And the Bill touching Informers (with the Amendments annexed) was then returned to the Commons.

Report concerning Adjournment and Prorogation.

The Lord Archbishop of Canterbury his Grace reported to the Lords, That Yesterday in the Afternoon the Lords Committees (according to the Order of the House), accompanied with the Committee of the Commons, attended His Majesty; where it pleased the Prince his Highness to present unto His Majesty the humble Thanks from both the Houses, for the free Election which His Majesty gave them of an Adjournment or Prorogation of the Parliament.

And that his Grace made known to His Majesty the Election of the Commons, videlicet, an Adjournment, with their Reasons for the same; and also that his Grace presented unto His Majesty the Three Petitions commended by the Commons.

Petitions from the Commons. to the King.

1. Touching new Manufactures, to be equally distributed to the Out-Parts of the Kingdom.

2. Touching Bullion to be imported, and Coin preserved in the Land.

3. Touching Iron Ordnance not to be transported.

The King will adjourn the Parliament.

That His Majesty graciously accepted the Thanks from both the Houses. And, notwithstanding that He called to Mind that the Commons embraced not (as they ought to have done) His often Advertisements to expedite good Laws, and that they disputed of His Reasons which he gave for the Adjournment of this Parliament (all Power being in Him alone, to call, adjourn, prorogue and dissolve Parliaments); yet His Majesty is pleased (according to the Election which the Commons have made) to adjourn the Parliament at this Time, the same to begin again in November next. And will, in the mean Time (out of His own Authority), redress the Abuses of Informers, and Writs of Supersedeas and Certiorari, which were intended to be reformed by the Two Bills especially commended by His Majesty.

The King's Answers to the Petitions of the Commons.

That His Majesty's Answers to the Three Petitions of the Commons are: videlicet,

1. To the First, touching the Enlargement or Dispersing of the New Manufactures (which he never heard of before), He will consider thereof with His Council.

2. Touching Bullion not to be brought into the Land, and the Coin preserved, His Majesty will also advise with His Council, and redress it.

3. And touching Ordnance not to be transported, some Care hath been taken therein already, and more shall be hereafter.

That then his Grace presented unto His Majesty the Hearty Prayers unto God from both the Houses, for His Majesty's long Life and Prosperity; and His Majesty, as general Bishop of the Land, did then also offer His Prayers unto God, for both the Houses: and His Majesty gives them Admonition, that, at their Return into the Country, they give His People good Satisfaction, both for the Proceedings and Adjournment of the Parliament.

Jo. Johnson's Petition.

Hodie lecta suit, the Petition of John Johnson, at the Red Lyon, in High Holbourne, Innholder; shewing, That Gyles Mompesson sued the Petitioner in The King's Bench (in His Majesty's Name) upon the Statute of 4 Henry IV, for selling Two Hundred Bushels of Oats at above an Obolus the Bushel Profit more than the common Price in the Market; and, in Hilary Term last, obtained Judgement against the Petitioner for £38 odd Money. The Petitioner desireth, that their Lordships will be pleased to order that the said Judgement be not entered upon Record; and that no further Proceeding be thereupon had against him.

Their Lordships were informed by the Lord Chief Justice, That, at the Hearing of the Cause, Consideration was had to the excessive Price (videlicet, above Two Shillings in the Bushel), which the Petitioner took for Oats; wherefore, and to the Intent that this Petitioner may be (fn. 1) an Example to other Inn-keepers (who are generally complained of for taking the like excessive Prices for Oats), their Lordships denied the Petitioner His Request.

Rules upon Petitions.

The Earl of Bridgewater, first of the Committees for Petitions, reported to the House, that they had Consideration of some Petitions, and answered them, but, the Time not permitting their Lordships to answer them all, they had agreed what Answer the Clerk shall make unto them, videlicet,

1. No Suits to be stayed in Courts of Justice, upon Pretence of Petition exhibited in Parliament, and unanswered.

2. Decrees not to be reversed upon Petitions exhibited in Parliament, without the Hearing of Counsel in both Parts.

3. Reviews to be made, where the Judges of the Courts, upon Consideration of the Petitions, shall find Cause sufficient; if otherwise, to certify the House what further Course to be taken with the Petitioners.

The Petitions to be kept by the Clerk of the Parliament; and he to attend the Judges of the Courts, as the Petition shall be called for, and to resume the Petition from the Judges, to be kept, with the Judges Resolution thereupon signified, and to present the Petitions again to the House at the next Meeting.

The which Directions being read, the House Ordered the same to be observed accordingly.

Opinion of the Judges concerning Privilege.

According to the Order of the Second of this June, the Lords the Judges delivered their Opinions touching the Privileges of the House, during the Session of Parliament, the Lords Repair hither, and their Return; but, for that it hath not happened (to their Knowledge) that heretofore the House hath been adjourned for so long a Time, as now it is intended to be, they could not satisfy their Lordships of any Precedents of the Continuance of their Privileges during all the time of the long Cessation.

Whereupon the Lords delivered their Opinions; and Ordered it to be entered:

Privileges to be during Adjournment.

That the Lords do know, that the Privileges of themselves, their Servants and Followers, do continue, notwithstanding the Adjournment of the Parliament; and do Order and Adjudge the same to be observed in all Points accordingly.

And, That a Copy of this Order be sent to both the Compters, and to be published.

Mr. Terwhit.

The Lord Archbishop of Canter. his Grace reported the Examinations touching Mr. Terwhitt, for saying, that, if he had a Pistol, he would pistol that Bishop (meaning the Bishop of Bangor); which is absolutely denied by Mr. Terwhitt and divers others very honest Men; and yet the Party testifying this is also an honest Man, but a single Witness, and might mistake it; for he says only that he heard it going by.

The House considering thereof, and of the good Testimony which the Lord Sheffeild gave of Mr. Terwhitt, as well of his Religion as Conversation of Life, they Ordered to be entered, That the Lords hold the said Mr. Terwhitt to be clear of any Misdemeanor, or other Contempt, complained of to the House.

Jo. Cranfield.

His Grace also reported, That the Committees have taken divers Examinations touching John Cranfield, a Prisoner in The Fleet, which do prove many ignominious and base Speeches used by him against the Prince and Princess Palatine, and the Lords of the Parliament; and His Grace delivered those Examinations:

1. The Examination of Thomas Tyll.

2. Humfrey Wall.

3. Ralph Keeling.

4. Richard Erley.

5. Thomas Organ.

The House Ordered, That the Clerk keep the said Examinations.

And the House also Ordered, That the Warden of The Fleet shall keep the said John Cranfield Prisoner in The Fleet, so that he may be brought to the House at the Sitting of the Court, and censured for his great Misdemeanour.

"To the most Honourable Lords of the Higher House of Parliament.

"The humble Petition of some late, and divers now Prisoners in The Fleet.

"Sheweth,

Petition of the Fleet Prisoners.

"That having, by sundry several Accusations of the Parties grieved, set forth to the Honourable Assembly the House of Commons, the many crying Tyrannies, Cruelties, Oppressions, Exactions, Extortions, and other Excesses, of the Warden of the said Prison, all heinous, and some capital; which, and many more, the Petitioners would, by Oaths and other Testimonies, have made plain to this Great Council, if the sudden Adjournment had not prevented the full Examination thereof; having, by many Witnesses, already been verified to the worthy and painful Committee of the House of Commons, and being now ready to be transmitted; which Accusers, many of them being Prisoners, have just Cause to fear, left, upon the Rising of the House, the said Warden should return to his wonted Wrongs and Violences against them, if they should any longer remain subject and exposed to his cruel and barbarous Government.

"Therefore, and for that there stands already fully proved in this High Court the said Warden's disloyal Concealment of those Words of Mr. Flood, so justly and deeply censured, which (were there nothing else) makes him deservedly unworthy the exercising of any Place of Trust, Command, or Government of others, under His Majesty:

"Their humble Suit in this High Court is, That it would be pleased thereupon to proceed to such Sentence against the said Warden, as the Nature of the Crime shall require; reserving to the next Accession the Hearing and final Judging of him for those other his more loud crying Offences. And the Petitioners shall daily pray &c."

Warden of The Fleet bound to use his Prisoners well.

The Lords, taking Consideration of this Petition, the said Alexander Harris, the Warden of The Fleet, was brought to the Bar; and, being on his Knees, the Lord Chief Justice told him of his Misdemeanours, and commanded him to use his Prisoners well, and according to his Duty.

And afterwards, by Order of the House, prædictus Alexander Harris recognovit, se debere Domino Regi Bis Mille Libras.

The Condition is, to appear here at the next Sitting of the Court; and, in the mean Time, to use his Prisoners as is fit, and according to the Duty of his Place.

And it is further Ordered, That the said Warden of The Fleet do bring Two good sufficient Sureties, to be bound for his said Appearance, and Usage of his Prisoners accordingly; the Sureties to be such as the Lord Chief Justice shall allow of, and the Bail to be taken and acknowledged before his Lordship.

Poors Box &c.

It is Ordered, That the Lords Sub-committees, as private Lords, may distribute the Money in the Poor Man's Box, and the Money gathered of the House towards the Pains of divers Gentlemen employed in searching of Records, &c.

Absent Lords to pay to it.

And, That the absent Lords shall pay after the same Rate as they which are present: videlicet, each Earl and Viscount Forty Shillings; and each Bishop and Baron Twenty Shillings; and those Lords which have their Proxies shall pay the same now, and receive it again of the absent Lords.

The Deputy Clerk of the Crown is to receive this Money.

King's Commission delivered to be read.

The Prince his Highness delivered unto the Clerk the King's Majesty's Commission for the Adjournment of the Parliament; the which was read, in hæc verba:

"JAMES R.

King's Commission to adjourn the Parliament.

"Jacobus, Dei Gratia, Angliæ, Scotiæ, Fraunciæ, et Hiberniæ Rex, Fidei Defensor, &c. Præcharissimo et Prædilectissimo Filio Nostro Carolo Principi Walliæ, ac Reverendissimo in Christo Patri et Fideli Consiliario Nostro Georgio Archiepiscopo Cantuar. totius Angliæ Primati et Metropolitano, ac etiam Charissimis Consanguineis et Consiliariis Nostris Henrico Vicecomiti Maundeville, Thesaurario Nostro Angliæ, Edwardo Comiti Wigorn. Custodi Privati Sigilli Nostri, Georgio Marchioni Buck. Magno Admirallo Nostro Angliæ, neonon Charissimo Consanguineo Nostro Henrico Comiti Oxon. Magno Camerario Nostro Angliæ, ac Præcharissimis Consanguineis et Consiliariis Nostris Lodovico Comiti Richmond, Domino Senescallo Hospitii Nostri, Willielmo Comiti Pembroc. Camerario Hospitii Nostri, Thomæ Comiti Arundell et Surr. ac etiam Charissimo Consanguineo Nostro Henrico Comiti Huntingdon, neonon Charissimo Consanguineo et Consiliario Nostro Henrico Comiti South'ton, ac Charissimis Consanguineis Nostris Richardo Comiti Dorset, Philippo Comiti Mountgomery, Willielmo Comiti North'ton, Præsidenti Consilii Nostri infra Principalitatem et Marchias Walliæ, ac etiam Charissimis Consanguinais et Consiliariis Nostris Jacobo Comiti Cantabr. Jacobs Vicecomiti Doncastr. neonon Reverendo in Christo Patri Ricardo Episcopo Dunelm. Reverendoque in Christo Patri et Fideli Consiliario Nostro Launceloto Episcopo Winton. ac Prædilecto ac Fideli Nostro Edwardo Domino Abergavenny, ac etiam Prædilecto et Fideli Consiliario Nostro Edwardo Domino Zouch, Gardiano Quinque Portuum Nostrorum, neonon Prædilectis et Fidelibus Nostris Emanueli Domino Scroope, Præsidenti in Partibus Borealibus, Edmundo Domino Sheffeild, Prædilectisque et Fidelibus Consiliariis Nostris Edwardo Domino Wootton, et Georgio Domino Carew, Salutem.

"Cum nuper, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angliæ ac Ecclesiæ Anglicanæ concernentibus, præsens hoc Parliamentum Nostrum, apud Civitatem Nostram Westm. tricesimo die Januarii ultimo præterito, inchoari et teneri ordinavimus; a quo die idem Parliamentum Nostrum tunc et ibidem tentum et continuatum fuerat usque instantem quartum diem Junii: Sciatis tamen, quod Nos, pro diversis urgentibus Causis et Considerationibus Nos specialiter moventibus, prædictum Parliamentum Nostrum, et omnes Causas et Materias inceptas, et non adhuc terminatas, adjornandum duximus. De Fidelitate igitur, Prudentia, et Circumspectione, vestris plurimum confidentes, de Avisamento et Assensu Consilii Nostri, assignavimus vos Commissionarios Nostros; dantes vobis, et aliquibus sex vel pluribus vestrum, tenore præsentium, plenam Potestatem et Auctoritatem, hoc instante die Lunæ, ad præsens Parliamentum Nostrum, ac omnia Negotia et Materias supradictas, adhuc, ut præsertur, non terminatas, Nomine Nostro, ad et in decimum quartum diem Novembris jam proxime futurum, usque prædictam Civitatem Nostram Westm. adjornandum et continuandum, ibidemque tunc tenendum et prosequendum. Et ideo vobis mandamus, quod circa præmissa diligenter intendatis, et ea in Forma prædicta effectualiter expleatis. Damus autem universis et singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus, et Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum Nostrum conventuris, tenore præsentium, firmiter in Mandatis, quod, vobis in præmissis faciendis, agendis, et exequendis, pareant, obediant, et intendant, prout decet. In cujus Rei Testimonium, has Literas Nostras fieri fecimus Patentes. Teste Meipso, apud Westm. quarto die Junii, Anno Regni Nostri Angliæ, Franciæ, et Hiberniæ Decimo nono, et Scotiæ Quinquagesimo quarto. Per ipsum Regem, propria Manu signatum.

Parliament adjourn'd by Commission.

Commissionarii prædicti, virtute dictæ Commissionis, adjornaverunt præsens Parliamentum usque in decimum quartum diem Novembris proxime sequentem.

The Commission sent to the Commons.

The Parliament being thus adjourned by the Commissioners, they delivered the Commission to the Lord Chief Baron and Mr. Baron, to be carried, with this Message, to the Commons: videlicet,

"Whereas His Majesty hath been pleased to direct His Commission, under the Broad Seal of England, unto divers Lords, for the Adjournment of this present Parliament, until the 14th Day of Novr. next; the said Commission hath been read in this House, and, by virtue thereof, the Parliament is adjourned accordingly.

All Committees to stand, &c.

"This we are commanded to signify unto you; and withall to bring the Commission itself, that you may see it, and read it; as likewise to let you know, That His Majesty's Pleasure hath been here signified, that all Committees, Matters, and Business of Parliament shall rest in the State as they now are, until the next Meeting."