House of Lords Journal Volume 3: 27 April 1624

DIE Martis, videlicet, 27 die Aprilis,

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

MESSAGE from the House of Commons, by Sir John Sucklinge and others:

River Thomas navigable to Oxford.

They returned One Bill unto their Lordships, intituled, An Act for the making of the River of Thames navigable, for Barges, Boats, and Lighters, from the Village of Bercott, in the County of Oxon, unto the University and City of Oxon; and that they sent to their Lordships Eight other Bills:

Bills from H. C.

1^a, An Act against the Exportation of Wool, Woolfells, Mortlings, Shortlings, Yarn made of Wool, Woolflocks, Fullers-earth, and Fulling-clay.

2^a. An Act to enlarge and make perpetual the Act made for Ease in pleading against troublesome and contentious Suits, presented against Justices of the Peace, Mayors, Constables, and certain other His Majesty's Officers, for the lawful Execution of their Office, made in the Seventh Year of His Majesty's most Happy Reign.

3^a, An Act for the good Order and Government of the Makers of Knives, Sickles, Shears, Scissars, and other Cutlery Wares, in Hallamshire, in the County of Yorke, and the Parts near adjoining.

4^a, An Act against Usury.

5^a, An Act for the Establishment of Three Lectures in Divinity, according to the last Will and Testament of Thomas Whetenhall, Esquire.

6^a, An Act for the Naturalizing of Sir Robert Anstrother, Knight, one of the Gentlemen of His Majesty's Privy Chamber, Sir George Abercromy, Knight, late Gentleman of the Robes to the late Queen Ann, of Worthy Memory, and John Cragge, Doctor of Physick, Physician to the High and Mighty Prince Charles, Your most dearest Son.

7^a, An Act for establishing of some Manors, and other Lands, in the several Counties of Cornewall, Devon, and Dorsett, upon John Mohun, Esquire, Son and Heir Apparent of Sir Reynold Mohun, Knight and Baronet, according to the true Intent and Meaning of certain Agreements between them had and made.

8^a, An Act for Confirmation of the Copyhold Estates and Customs of divers Copyholders of the Manors of Stepney and Hackney, according to certain Indentures of Agreement, and a Decree in the High Court of Chancery, made between the Lord of the said Manors and the Copyholders.

The River Thames navigable to Oxford.

Hodie the Amendments of the said Bill to make the Thames navigable to Oxon, were read Three Times, put to the Question, and Assented unto; and so Expedited.

Usury Bill.

Hodie 1^a vice lecta est dicta Billa, An Act against Usury.

Manors of Stepney and Hackney.

Hodie 1^a vice lecta est Billa prædicta, An Act for Confirmation of the Copyhold Estates and Customs of divers Copyholders of the Manors of Stepney and Hackney, according to certain Indentures of Agreement, and a Decree in the High Court of Chancery, made between the Lords of the said Manors and the Copy-holders.

L. Mordant's Privilege.

Hopton's Arrest.

Upon Complaint made to the House, That one Godier Hopton, Gentleman, Servant to the Lord Mordant, was arrested, contrary to the Privilege of this High Court, by; it is Ordered, That the said Parties shall be brought before their Lordships , by the Serjeant at Arms, to answer the said Contempt.

The Petition of the Lord Treasurer was read, in hæc verba: videlicet,

L. Treasurer's Petition.

"To the most Honourable Assembly of the Lords Spiritual and Temporal in the High Court of Parliament.

"The humble Petition of the Lord Treasurer of England.

"Most humbly presenting to this most Honourable House, by the Schedule annexed, the Names of such Persons as the said Lord Treasurer humbly desireth may be sworn and examined, for Discovery of the Truth, upon such Articles as he shall exhibit, touching the several Matters contained in that Part of his Charge which was delivered him on Saturday last in the Evening. To which Purpose he humbly prayeth such Warrant for calling in those Witnesses, and such others as he shall give Note of to the Clerk of the Parliament, as the Form of this High Court requireth.

"And withall humbly propoundeth to the Consideration of this most Honourable House, whether your Lordships will think fit to proceed to Examination of Witnesses to be produced on his Part before he hath made his Answer; whereby it may first appear to your Lordships what Things he will deny, and what he will confess and avoid, and in what Manner he will avoid the same; upon which, as upon Issues joined, he may particularly examine his Witnesses; and, after Copies of the Depositions taken both for and against him, the Cause may be prepared for your Lordships Honourable Judgement, which he protesteth to further on his Part to Hearing with all possible Expedition.

"Lastly, his most humble Suit is, That, in respect of the Nature and Multiplicity of the Matters objected against him, which do necessarily require Assistance of Learned Counsel, this most Honourable Court will be pleased to assign the Gentlemen undernamed to be of Counsel with him, in this Cause of Weight so much concerning him:

Mr. Doctor Steward.

Mr. Nicholas Hide of The Middle Temple.

Mr. William Hackwell of Lincoln's Inn.

Middlesex."

27° April, 1624.

The Names of certain Witnesses to be examined on the Behalf of the Lord Treasurer:

Witnesses for the L. Treasurer.

This Petition being read, the Lords appointed a Special Committee, to consider what Answer should be made thereunto: videlicet,

And their Lordships withdrew themselves presently into the Little Committee Chamber; and being returned, the Lord President reported to the House the said Answer, in hæc verba: videlicet,

Answer to L. Treasurer's Petition.

"Upon the Petition exhibited by the Lord Treasurer, the Lords think this fit to be done and returned for Answer:

"1. That Warrant shall be given, for calling in such Witnesses whose Names shall be first exhibited in Writing, and thought fit by the House to be examined; and the Interrogatories and Witnesses Names to be sent to the House To-morrow in the Afternoon, when the House sits; and the Witnesses themselves to appear, that such of them may be sworn and examined as the House shall think fit.

"2. The House sees no Cause, when the Witnesses Names and Interrogatories be sent in, why the Examination of the Witnesses should be deferred, but the Day for his Appearance and Answer is to hold.

"His Lordship may use what Counsel he please, to advise himself for his Defence; but it stands not with the Order of the House to allow Counsel at the Bar in Cases of this Nature."

Which Answer being read, and approved of by the House, the Clerk was commanded to sign a Copy thereof, and send the same unto the Lord Treasurer; which he did, and delivered it to Wyllfred Kettlewell, Servant unto his Lordship, who brought the said Petition from him.

Report made concerning Precedents of Trials.

And Memorandum, That, after the said Petition was read, and before the said Committees were appointed touching the Answer thereunto, Report was made unto the House, by the Earl of Bridgewater, one of the Lords Committees for Privileges, &c. That, according to the Order made Yesterday, his Lordship had perused many Precedents, for the Manner how the Parties complained of have answered here; and that his Lordship did not find, by any Precedent which his Lordship hath seen, that any (though a Member of this House) did answer by his Counsel; and that divers Members of this House and others have answered in Person, without Counsel; and that Counsel was denied unto Michael de la Pole, Lord Chancellor, Anno 10° Ricardi Secundi, when he required the same.

The Earl of Devon, the Lord Bishop of Bangor, the Lord Noel, and the Lord Grey of Werke, are added to the Committees on the Bill concerning Ralphe Starkey; and are to meet at Two this Afternoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 28^m diem instantis Aprilis, hora nona, Dominis sic decernentibus.