House of Lords Journal Volume 3: 19 March 1621

DIE Lunæ, videlicet, 19 die Martii,

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

p. Carolus Princeps Walliæ, etc.

Sir Robert Ley appointed Speaker (protempore).

MEMORANDUM, That, by reason of the Want of Health and Indisposition of the Lord Chancellor, a Commission was awarded to Sir James Ley, Knight, and Baronet, Lord Chief Justice of the King's Bench, signed by the King, and under the Broad Seal, to execute the same Place; the which Commission was delivered to the Clerk, to be read; cujus tenor sequitur, in hæc verba:

Commission to Sir Robert Ley, Lo. Ch. Justice.

"James, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To our Trusty and Well-beloved Sir James Ley, Knight and Baronet, Chief Justice of the Pleas before Us to be holden, Greeting.

"Whereas Our Right Trusty and Right Well-beloved Cousin and Councellor Francis Viscount St. Alban, Our Chancellor of England, is at this Time so visited with Sickness, that he is not able to travel to the Upper House of this Our present Parliament holden at Westm. nor there to supply the Room and Place in the said Upper House, amongst the Lords Spiritual and Temporal there assembled, as to the Office of Lord Chancellor of England hath been accustomed; We, minding the same Place and Room to be supplied in all Things as appertaineth, for the during every Time of His Absence, have named and appointed you, and by these Presents do constitute, name, appoint, and authorize you, from Day to Day, and Time to Time, when and so often as the said Lord Chancellor shall happen, at any Time or Times, during this present Parliament, to be absent from his accustomed Place in the said Upper House, to occupy, use, and supply, the said Room and Place of the said Lord Chancellor, in the said Upper House, amongst the Lords Spiritual and Temporal there assembled, at every such Day and Time of his Absence; and then and there, at every such Time, to do and execute all such Things, as the said Lord Chancellor of England should or might do, if he were there personally present, using and supplying the same Room. Wherefore We will and command you, the said Sir James Ley, to attend to the Doing and Execution of the Premises with Effect. And these Our Letters shall be your sufficient Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Ourself, at Westm. the Eighteenth Day of March, in the Eighteenth Year of Our Reign of England, France, and Ireland, and of Scotland the Four and Fiftieth.

"Per ipsum Regem,

"Edmonds."

The which Commission being read, the said Lord Chief Justice went to the Lord Chancellor's Seat on the Wool-sack.

Then Prayers were read.

The Prince's Bill.

Hodie, The Prince's Bill, An Act to confirm Leases to be made by the most Excellent Prince Charles, of Lands, Parcel of His Highness's Dutchy of Cornewall, was brought into the House, by the Lord Treasurer, first of the Committees; and declared, That the Prince's Counsel attended that Committee, according to the Order of 17 instantis Martii; that the said Counsel had satisfied the Committee, that the Amendment of the said Bill by the House of the Commons, and the Saving by them added, was not prejudicial to the Body of the said Bill; and that, therefore, the Committee thought the Bill; with the said Amendment and Saving, sit to be offered to a Third Reading; which Amendment and Proviso were Twice read, and the Clerk, by Direction, and according to the ancient Orders of the House, ingrossed the Proviso accordingly; and the said Amendment and Proviso of the said Bill was deferred to be read the Third Time, until the Bill of Subsidies (which is expected) be first expedited.

Bill of Subsidies from the Commons.

Message from the Lower House, by Sir Foulke Grevill and others,

That the Knights, Citizens, and Burgesses of the House of the Commons, have sent up to the Lords the Bill of Subsidy, which passed that House with great and general Alacrity, and with Expedition. They doubt not but the Lords will, with the like Chearfulness, expedite the same.

Witnesses examined about the Inns.

The Names of the Gentlemen, Members of the Lower House, which were this Day sworn for Proof of the Grievances complained of. And Memorandum, they were not sworn as they were Members of that House:

Sir Frauncis Fane, Knight.
Sir Richard Tychborne, Knight.
Sir Frauncis Goodwin, Knight.
John Drake, Esquire.
Richard Weston, Esquire.

Ordered, That whereas the Lord Chief Justice was appointed, by the Order of the 15 Martii post meridiem, to attend the Lords Committees of the Grievances of the Patent of Inns, is now, by Commission, to supply the Place of the Lord Chancellor, That Mr. Serjeant Fynch shall attend the said Committee in the mean Time.

Subsidies by the Temporalty.

Hodie 1^a vice lecta est Billa, An Act for the Grant of Two entire Subsidies by the Temporalty.

Not usual to grant Subsidies in the Beginning of a Parliament.

The Lord Chief Justice repeated the last Proviso of the Act, which shews, that it is not usual to grant the Subsidy in the Beginning of the Parliament; desiring it be not drawn into a Precedent, nor be prejudicial thereafter; and the Royal Assent be given by Commission, or otherwise, for the speedier levying of the same, and the Parliament to continue.

Ordered, That this Bill be read again in the Afternoon.

Message from the Lower House, by Sir Robert Phillipps and others,

Message about Conference concerning some eminent Persons in Office.

That, in the Search of the Abuses of Courts, they have found Abuses in certain eminent Persons; for the which they desire a Conference; that such Course may be taken, for Redress thereof, as shall stand with the Order and Dignity of a Parliament; the Time and Place, and Number of Committees, they humbly leave to their Lordships.

Answer returned,

The Lords are well pleased to accept of the Conference required; the Committee to be of this whole House, at Two of the Clock this Afternoon, in the Painted Chamber.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam secundam post meridiem, Dominis sic decernentibus.

Post meridiem,

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

p. Carolus Princeps Walliæ, etc.

THE House was adjourned, durante beneplacito, that the whole House (according to the Order this Morning) might go into the Painted Chamber, to the Conference with the Commons.

The Committees returned from the said Conference; and the Lord Treasurer, being to report the same, desired Respite until To-morrow Morning, that he might in the mean Time peruse his Notes taken thereof.

Subsidies by the Temporalty.

Hodie 2^a vice lecta est Billa, An Act for the Grant of Two entire Subsidies, granted by the Temporalty.

Subsidies by the Clergy.

Hodie 1^a vice lecta est Billa, An Act for Confirmation of the Subsidies granted by the Clergy.

And Memorandum, That, by the ancient Orders of this House, the Preamble fixed to the Top of the said Grant, and also the Grant itself, and the Confirmation fixed to the lower Part of the said Grant, are to be read the First Time; and the Two other Times nothing but the Preamble and the Confirmation are to be read.

And also Memorandum, That the Baille aux Communs is to be subscribed at the Bottom of the Confirmation; and the Royal Assent is to be written on the Top of the Preamble.

Oxford and Cambridge Precedency.

Memorandum, Whereas, in the Bill of the Subsidy of the Temporalty, the University of Oxford was named before the University of Cambridge, it was much debated amongst the Lords, what Course may be taken for an Eqality between the said Two Universities, that the one might not have Precedency of the other; but nothing concluded therein, neither in the Forenoon (when this was principally urged) nor now.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, vicesimum diem Martii, Dominis sic decernentibus.