House of Lords Journal Volume 3: 22 March 1624

DIE Lunæ, videlicet, 22 die Martii,

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

Carolus Princeps Walliæ, etc.

Repressing Drunkenness.

HODIE 1^a vice lecta est Billa, An Act for the better repressing of Drunkenness, and restraining the inordinate Haunting of Inns, Alehouses, and other Victualing Houses.

Bill of Grace for Wales.

Hodie 1^a et 2^a vice lecta est Billa, An Act of Repeal of One Branch of the Statute, made in the Session of Parliament holden by Prorogation at Westm. the 22d Day of January, in the 34th Year of the Reign of King Henry the Eighth, intituled, An Act for certain Ordinances in the King's Majesty's Dominion and Principality of Wales; and committed unto the

To meet To-morrow, the 23d of this March, by Eight, in the Painted Chamber.

Women convicted of Petty Larceny.

Hodie 1^a vice lecta est Billa, An Act concerning Women convicted of small Felonies.

Further Reformation of Jeofails.

Hodie 1^a et 2^a vice lecta est Billa, An Act for the further Reformation of Jeofails; and committed unto the

To meet presently.

Their Lordships being returned from this Committee, the Lord Treasurer reported the Bill sit to pass, with Three small Amendments. The Amendments were presently Twice read, and approved.

Confirmation of Wadham College, Oxford.

Hodie 1^a vice lecta est Billa, An Act for the Confirmation of Wadham College, in Oxon, and the Possessions thereof.

Jacobson's Naturalization.

Hodie 2^a vice lecta est Billa, An Act for the Naturalizing of Phillipp Jacobson, of London, Merchant.

And the House, being satisfied by a Certificate, that he had received the Communion according to the Statute, Ordered the Bill to be ingrossed.

Message to the House of Commons, concerning Morley's Petition.

Message sent to the Commons, by Mr. Attorney General and Sir Edward Salter: That the Lords, taking into their Consideration a printed Petition, published by one Thomas Morley, and finding the same to be scandalous against the Lord Keeper in particular, and to fasten an Aspersion on the Court of Star Chamber, convented the said Morley before them on Saturday last, by Order made the Nineteenth of this Month.

And, for that the said Morley affirms that he had delivered the said Petition to the House of Commons, their Lordships, out of Respect to that House, and to hold good Correspondency with them in all Things, desire to know, Whether the said Morley hath exhibited any such Petition unto them, or no?

Answer.

Answered: They render the Lords hearty Thanks for this their continued Correspondency unto them, and do affirm that they were never possessed of this Cause; but that the said Morley did, on Friday last, in the Afternoon, deliver unto the Committee for Grievances of the Kingdom (and not unto the Committee of the Grievances of the Courts of Justice) a Petition against an Order of the Star Chamber, touching an Indictment against Mr. Serjeant Richarson, which was read, and rejected as a Thing frivolous.

Message from the House of Commons, requesting Conference touching the King's last Answer.

Message from the House of Commons, by Sir Edwyne Sands and others: That the Knights, Citizens, and Burgesses of the House of Commons, desiring all Expedition of the great Business of the Treaties concerning the Match and Restitution of the Palatinate, and having taken into their Consideration His Majesty's last Answer, and having thought upon a Proposition to make unto His Majesty touching the same; they desire a Conference with their Lordships, humbly leaving the Time and Place unto their Lordships; but desire the same to be appointed with all Expedition.

Answer.

Answered, That their Lordships have appointed their former Committee to meet presently, in the Painted Chamber.

Report from the Conference, concerning a Proposition to the King from both Houses.

The Lords Committees being returned from this Conference, the Lord Archbishop of Cant, reported, That the Commons had agreed on a Proposition to be presented unto His Majesty in Writing; in which Writing they have left a Blank for their Lordships to be named therein also, if they please to approve thereof.

Mr. Attorney having read the same, it was put to the Question, and Assented unto by all, unless it were One only Lord; and thereupon the Blank filled, and made in the Names of the Lords and Commons.

The Lords Committees declared this their Approbation unto the Commons (who attended in the Painted Chamber).

And being returned, the Lord Archbishop of Cant. reported, That the Commons do stay and expect their Lordships Answer to these: videlicet,

That the Proposition speaks of a chearful Consent, no one Man disassenting; and to this Approbation One of their Lordships hath not given his Consent.

Whereupon their Lordships agreed the same to be altered thus: videlicet, with a chearful Consent of the House of Commons, no one Man disassenting, and with a full and chearful Consent of us the Lords.

And then, the House being agreed to sit this Afternoon, and that the same be intimated to the Commons, the Committees went again into the Painted Chamber; and returning, reported that they had delivered the Paper unto them, so altered, to be written fair.

And their Lordships agreed, That the Duke of Buckingham do move His Majesty, to know His Pleasure when the Committees of both Houses shall attend His Majesty with this Proposition.

And, That the Lord Archbishop of Cant. deliver the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque pomeridianum hujus diei, hora 3^a, Dominis sic decernentibus.

Post meridiem,

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

p. Carolus Princeps Walliæ, etc.

Further Reformation of Jeofails.

HODIE 3^a vice lecta est Billa, An Act for the further Reformation of Jeofails, with the Amendments thereof.

D°.

And, being put to the Question, was Assented unto.

And the said Bill, with the Amendments, was returned to the Commons, by Mr. Attorney General and Mr. Serjeant Crooke. And Two other Bills were sent by them also:

Trials by Battail. Assuring Lands to Lord Mountague, for certain Uses.

1^a, An Act for the abolishing all Trials by Battail.

2^a, An Act for the settling of certain Manors and Lands of the Right Honourable Anthony Viscount Mauntague, towards the Payment of his Debts, and raising of his Daughters Portions.

Women convicted of Petty Larceny.

Hodie 2^a et 3^a vice lecta est Billa, An Act concerning Women convicted of small Felonies.

Put to the Question, and Assented unto, and so Expedited.

Repressing Drunkenness:

Hodie 2^a vice lecta est Billa, An Act for the better repressing of Drunkenness, and restraining the inordinate Haunting of Inns, Alehouses, and other Victualing Houses; and committed unto the

Mr. Serjeant Crooke to attend the Lords.

To meet presently, in the Little Committee Chamber.

Being returned, the Earl of Salisbury reported it fit to pass, without any Amendments.

D°.

Hodie 3^a vice lecta est eadem Billa; and, being put to the Question, was Assented unto, and so Expedited.

Confirmation of Wadham College, Oxford.

Hodie 2^a vice lecta est Billa, An Act for the Confirmation of Wadham College, in Oxford, and the Possessions thereof; and committed unto the

To meet on Wednesday, the 24th of this Month, by Eight, in the Painted Chamber.

Committees of both Houses to attend the King at Whitehall To-morrow.

The Duke of Buck. signified unto the House, That His Majesty is well pleased, that the Committee of both Houses do attend him To-morrow, at Eight in the Morning, at Whitehall.

Message to the House of Commons for Conference.

Message sent to the Commons, by Mr. Attorney General and Mr. Serjeant Crooke: That the Lords desire a Conference between the former Committees, presently, in the Painted Chamber.

Answer.

Answered, That they will attend accordingly.

Their Lordships being returned from the Conference, another Message was sent by Mr. Attorney General and Mr. Serjeant Crooke: videlicet,

Message to the House of Commons, for the Committees to meet and attend the King.

That the Lords have appointed their former Committee (and no other of their House) to present the Proposition (agreed on) unto His Majesty; and do desire to meet with the like Committee of their House To-morrow, at Eight, in the Council Chamber.

Answer.

Answered, That they will attend accordingly, with their former Committee, and no more.

Message from the House of Commons, touching the Omission of the Clause of Religion in the Proposition to the King.

Message from the Commons, by Sir Edwine Sandes and others: That whereas they understand by their Committee for this last Conference, an Intimation from their Lordships, that the Clause of Religion be omitted in this Proposition to the King; they have Assented to leave the same out, though not by a general Vote of their House, yet by a general Consent of them all.

The Messengers being withdrawn, the Lords did generally agree to the same Omission, and the same was strucken out by the Clerk accordingly; and then the Messengers, being called in again, were answered:

Answer.

That the Lords have allowed of the same Omission on the same Manner also; and have Agreed, That the Lord Archbishop of Cant. shall deliver the same, being accompanied with the Committees of both Houses.

The said Proposition was read in the House, and followeth in bæc verba: videlicet,

Proposition to the King, in an Address from both Houses.

"Most Gracious Sovereign,

"We Your Majesty's most humble and loyal Subjects, the Lords and Commons in this present Parliament assembled, do first render unto Your Sacred Majesty our most dutiful Thanks, for that, to our unspeakable Comfort, You have vouchsafed to express Yourself so well satisfied with our late Declaration made to Your Majesty, of our general Resolution in Pursuit of our humble Advice to assist Your Majesty, in a Parliamentary Way, with our Persons and Abilities.

"And whereas Your Majesty, in Your great Wisdom and Judgement, foreseeing that it would make a deeper Impression both in the Enemies of that Cause, and in Your Friends and Allies, if they shall not only hear of the chearful Offers, but also see the real Performance of Your Subjects towards so great a Work, Your Majesty was pleased to descend to a particular Proposition for the Advancement of this great Business.

"We, in all Humbleness, most ready and willing to give Your Majesty and the whole World an ample Testimony of our sincere and dutiful Intentions herein, have, upon mature Advice and Deliberation, as well of the Weight and Importance of this great Affair, as of the present Estate of this Your Kingdom (the Weal and Safety whereof is, in our Judgements, apparently threatened, if Your Majesty's Resolution for the dissolving of the Treaties now in Question be longer deferred, and that Provision for Defence of Your Realm, and Aid of Your Friends and Allies, be not seasonably made), (fn. 1) with a chearful Consent of us your Commons (no one dissenting), and with a full and chearful Consent of us the Lords, Resolved, That, upon Your Majesty's public Declaration of the utter Dissolution and Discharge of the Two Treaties of the Marriage and Palatinate, in Pursuit of our Advice therein, and towards the Support of the War which is likely to ensue, and more particularly for those Four Points proposed by Your Majesty, namely, the Defence of this Realm, the Securing of Ireland, the Assistance of Your Neighbours, the States of the United Provinces, and others Your Majesty's Friends and Allies, and for the setting forth of Your Royal Navy, we will grant for the present the greatest Aid which was ever granted in Parliament, to be levied in so short Time; that is, Three Entire Subsidies, and Three Fifteenths, to be all paid within the Compass of One whole Year after Your Majesty shall be pleased to make the said Declaration; the Money to be paid into the Hands, and expended by the Direction, of such Committees, or Commissioners, as hereafter shall be agreed upon in this present Session of Parliament.

"And we most humbly beseech Your Majesty graciously to accept of these First Fruits of our hearty Oblation, dedicated to that Work which we infinitely desire may prosper and be advanced; and for the future to rest confidently assured, that, if You shall be engaged in a real War, we Your loyal and loving Subjects will never fail to assist Your Majesty, in a Parliamentary Way, in so Royal a Design, wherein Your own Honour, and the Honour of Your most noble Son the Prince, and the ancient Renown of this Nation, the Welfare and very Substance of Your noble and only Daughter and her Confort, and their Posterity, the Safety of Your own Kingdoms and People, and the Prosperity of Your Neighbours and Allies, are so deeply engaged."

Morley at the Bar.

Thomas Morley, of London, Woodmonger, committed to the Serjeant's Custody, by Order of the 19th of this Month, was this Afternoon brought to the Bar.

Charged with an Aspersion against the Lord Keeper.

Being charged by the Lord Keeper "for publishing a printed Petition, very scandalous against his Lordship in particular, and by Aspersion against the whole Court of Star Chamber in general;"

He answered, "The Aspersion which he laid is for an Information given by the Lord Keeper to the Court of Star Chamber, whereby an Indictment, which he had preferred in the King's Bench against Mr. Serjeant Richarson, and found true by the Jury, was stayed; and this Order in the Star Chamber was made upon his Lordship's Suggestion, his Lordship being his Judge and his Accuser, and pleading against him for seeking to prefer this Indictment according to the ordinary Proceedings of the Law."

Being demanded, "Whether himself heard the Lord Keeper move the Court for this Order?" He answered, "No; but he doubts not to prove it by Witnesses."

The Order of the Star Chamber being read, and the Presence of those Lords and others observed who made the same, they all being Judges in that Court as well as the Lord Keeper (and whose Presence is ever set down with the Order), and Morley being told so:

His Defence.

He answered, "The Lord Keeper: The Order was made upon his Lordship's undue Information: That his Lordship said, his Information was untrue; but the Jury found the Indictment to be true. And had not his Lordship stopped the Indictment, but that Mr. Serjeant Richardson had been arraigned upon it, and adjudged, according to the Statute, to be imprisoned for a Year, and to be debarred of his Practice for ever after; what Fine would not the Serjeant have given to the King rather than lose his Practice? At least, Ten Thousand Pounds."

The Prisoner being withdrawn;

The Lord Chief Justice (being required by their Lordships) declared the Proceedings of this Indictment preferred by Morley: videlicet,

Chief Justice of the King's Bench acquaints the House with Morley's Proceedings in that Court.

"That Keelinge, the Secondary of the King's Bench, unto whom all Bills of Indictment are delivered, made Stay of this, and informed the Court thereof; and, for that it was contrary to the Rules of that Court to stay any Bill, he was commanded to deliver the same to the Jury. But the Judges did all agree, that he (the Lord Chief Justice) should, in all their Names, the next Day (being Star Chamber Day), acquaint the Lord Keeper therewith, as Stay might be made thereof by Order from that Court; and that his Lordship did inform the Lord Keeper therewith accordingly; whereupon the Lord Keeper did acquaint the Lords in open Court; and this Order was made accordingly."

The Lord Chief Justice did further inform their Lordships, "That afterwards he, and his Brethren the other Judges of the King's Bench, heard Counsel on both Sides, touching this Indictment; and that they all delivered their Opinions, that the same was void in Law; and that, after Three of the Judges had delivered their Opinions, and as himself was in delivering of his, he was so often and so unmannerly interrupted therein by the said Morley, that his Brethren the other Judges committed him the said Morley to Prison, where he remained some Four Days, until he had made his Submission."

Lords of the Star Chamber acquaint the House with the Proceedings of that Court in this Case.

The Lord President also, and divers other Lords (who were then present in the Star Chamber), remembered, "That the Lord Keeper did deliver openly in the Court, what his Lordship was informed by the Lord Chief Justice, touching this Indictment; and that his Lordship moved it not as Morley saith; and that all the Lords then present thought it very strange that such an Indictment should be preferred; and that it was an Order of the Court pronounced by the Lord Keeper, all their Lordships agreeing thereunto."

Morley found Guilty.

Whereupon their Lordships, taking into their Consideration, that the said Morley, being convented before their Lordships, had untruly informed the House that he had presented this Petition unto the House of Commons, and that that House was possessed of the Cause, and hath, sithence his Convention here, published very many of the said Petitions, and, being this Afternoon at the Bar, did most malepertly and impudently use many insolent Words of the Lord Keeper, in Presence of their Lordships;

Their Lordships, by the general Vote of the House (nemine dissentiente), did Agree, To award, adjudge, and ordain:

His Judgement.

"1. That the said Thomas Morley shall, for this his great Offence, be imprisoned in The Fleet, during the Pleasure of this House.

"2. And that he shall undergo unto our Sovereign Lord the King the Fine of One Thousand Pounds.

"3. And that he shall stand with his Neck in the Pillory in Cheapeside, with one of the said Petitions upon his Head, on Wednesday next, at Eleven in the Morning.

"4. And that he shall make his humble Submission and Acknowledgement of this his Fault here at the Bar, and also in the Star Chamber on the First Star Chamber Day next Term, and unto the Lord Keeper."

This Censure being thus passed by the general Vote of the House, their Lordships agreed to sit To-morrow Morning in their Robes, and then to pronounce the same.

His Counsellor and Printer to be brought to the Bar To-morrow.

David Waterhowse also (who did pen the said Petition) was brought hither according to the Order of the Twentieth of March, but was not brought to the Bar by reason the Time was so far spent; but it was Ordered by their Lordships, That both he and Bernard Alsop (who printed the said Petition) shall be brought hither again To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse in diem crastinum, videlicet, 23^m diem instantis Martii, hora nona, Dominis sic decernentibus.