House of Lords Journal Volume 3: 17 March 1626

DIE Veneris, 17 die Martii,

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

Absent Lords excused.

A Message sent to the Commons, by

Mr. Justice Yelverton, and
Mr. Serjeant Crewe:

Committee for Defence and Safety of the Kingdom.

That their Lordships did heretofore desire a Meeting, by Committees of both Houses, about Matters of great Importance, for Defence of the Land; and they met accordingly; and divers Things were offered unto the Consideration of the House of Commons, for their Advices therein; but as yet no Answer hath been returned. And now the Importancy of the Service, and Slipping-away of the Time, do occasion their Lordships to desire the same.

Answered:

They will return Answer, by Messengers of their own.

Hospitals and Free-schools.

The Lord President reported the Bill for Confirmation of Hospitals and Free-schools fit to pass, with one Amendment.

Which was read 1^a et 2^a vice, and the Bill Ordered to be ingrossed accordingly.

Increase of Trade, and prohibiting the Exportation of Gold and Silver.

His Lordship also reported the Bill for Increase of Trade fit to pass, with some Amendments; but all that Part of that Bill which concerns the keeping of Silver and Gold within the Realm fit to be taken away.

Which Amendments were read 1^a et 2^a vice, and the Bill Ordered to be ingrossed accordingly.

The Reference of the Lord Bishop of Lincoln's Answer was thus reported by the Earl of Bridgewater, one of the Committee for Petitions: videlicet,

Reference of the Bishop of Lincoln's Answer to Pinckney's Complaint.

The Lords Committees for Petitions, having considered the Lord Bishop of Lincoln's Answer, do conceive these Two Defects therein: First, in that his Lordship doth not clearly acknowledge his Contempt to the House, in neglecting to follow their Direction, and thereby disobeying their Order. Secondly, in that his Lordship lays an Aspersion upon the Lords Sub-committees appointed to peruse the Journal Book, in justifying that the Order in his Answer mentioned will not be warranted by the Clerk's Book, but was drawn up contrary to the Intention of the House; although he saw it justified under the Hands of Six of the said Sub-committee, to be truly entered by the Clerk; the which Sub-committee had Authority from the House to meet after the End of the Session (Anno 21 Jacobi), to peruse and perfect the Journal Book.

And that, as touching this, their Advice is, That the said Sub-committee be cleared; and that the Lord Bishop of Lincoln shall acknowledge the Order touching Pinckney, 28 Maii 1624, to be an Order of this House, truly and justly entered; and that his Lordship shall signify unto the House, that he is sorry that he did formerly mistake the same, and thereby gave just Offence to the House, and to the Lords of the Sub-committee who had subscribed the said Order; and that he doth acknowledge his Error, and ask their Lordships Pardon therein.

All which was Ordered accordingly.

Pinckney's Reply reported.

And as touching the Relief of Tymothy Pinckney, the Earl of Bridgewater further reported, That their Lordships are informed, that there rests in the Hands of James Trussell, William Taylor, and William Tuliey, (late Sequestrators of Barne Elmes) the Sum of Two Hundred and Eighty nine Pounds; of which will rest clear, their own Debts being satisfied, but Two Hundred and Twenty four Pounds; and that there rests in the Chancery, not as yet disposed of, about One Hundred Pounds; all which their Lordships think fit, that the Lord Keeper take into his Consideration, whether, out of these, or any Thing else that shall appear unto his Lordship, any Relief may in Justice and Equity be afforded unto the said Petitioner Pinckney; and afterwards, Pinckney being satisfied, to consider what Satisfaction may be given unto Sir William Paddy, for a Debt owing unto him by Sir John Kennedey, deceased.

Which was also Ordered accordingly.

A Message from the Commons, by Mr. Secretary Cooke and others:

Message from the H. C. touching the Safety and Defence of the Kingdom.

That they had received their Lordships Message this Morning, for Answer unto certain Things which were offered to be advised upon by a Committee of both Houses; which also had been formerly reported to their House, That the Commons do intend to hold all good Correspondency with the Lords, and will decline all Things that may tend to the contrary; and they do assure their Lordships, that they will be ever careful of the Safety and Defence of the Realm; maintaining their own Privileges, as is sitting.

Hereupon the House was moved, That the Lords Committees for Defence of the Realm, &c. might meet presently, and proceed. Which their Lordships did accordingly.

Releigh's Restitution in Blood.

This Day the Lord Chief Justice, Mr. Justice Dodderidge, and Mr. Justice Yelverton, reported to the House, That they had, according to the Order made Yesterday, upon the Earl of Bristoll's Petition, considered of Carewe Raleigh's Bill for Restitution in Blood; which they find to be general; and also of the Proviso added thereunto for Sherborne, which they find to (fn. 1) be particular; and it is good and available in Law unto the said Earl of Bristoll, according to the Words thereof; and that the said Proviso is an Act of itself.

Ditto.

Hodie 3^a vice lecta est Billa prædicta, for Restitution in Blood of Carew Raleigh.

Put to the Question, and generally Assented unto.

And sent down to the Commons, by

Mr. Attorney General, and
Mr. Serjeant Crew.

E. of Nottingham's Bill.

The Lord Chamberlain reported, That the Lords Committees on the Bill exhibited by the Earl of Nottingham, for reversing of a Decree in the Court of Wards, &c. think it fit that the said Bill shall sleep.

Ordered accordingly.

Waterhowse Ingram.

The Lord President reported, That the Lords Committees for Petitions have conceived an Order, upon Petition exhibited unto this House by Sir Edward Waterhowse, against Sir Arthure Ingram, which was read in hæc verba: videlicet,

"Whereas Sir Edward Waterhowse, Knight, hath exhibited a Petition in Parliament against Sir Arthure Ingram, Knight, for the reviving of his Complaint comprized in a former Petition of the said Sir Edward Waterhowse against the said Sir Arthure, and by him answered, but remaining undetermined, the last Parliament of our late Sovereign Lord King James; and whereas, upon the Hearing thereof before the Lords Committees for Petitions, upon Thursday the Second of this Instant March, after divers very just and reasonable Offers and Propositions made to the said Sir Edward by the said Sir Arthure, and refused by the said Sir Edward, he the said Sir Edward Waterhowse denied a Release, bearing Date 24 Maii, 9 Jacobi, then produced by the said Sir Arthure, in Bar of the Sums of Money demanded by him the said Sir Edward, to be his the said Sir Edward Waterhouse's Deed, or that the Name of the said Sir Edward, subscribed to the said Release, was his the said Sir Edward's Hand-writing; and offered, that, if the said Sir Arthure could prove the same Release, then he would be satisfied, and forbear any further Suit against the said Sir Arthure; which Offer the said Sir Arthure accepted; and thereupon, by Consent of both the said Parties, it was Ordered by their Lordships, That the said Sir Arthure Ingram should produce his Proofs of the said Release before them; and that, if he should prove the same Release to the Satisfaction of their Lordships, that then the said Sir Edward should (according to his said Offer) rest satisfied, and forbear the further Prosecution of any Suit against the said Sir Arthure Ingram; and that, in Default of such Proof, the said Sir Arthure Ingram should pay the said Sir Edward Waterhowse, the full Sum of Seventeen Hundred Pounds: Now, forasmuch that the said Sir Arthure hath produced his Proofs of the said Release, and thereby given full Satisfaction to their Lordships of the Truth and Validity of the said Release; it is Ordered, That the said Sir Edward Waterhowse shall rest satisfied, and not any further prosecute any Suit against the said Sir Arthure Ingram, according to his own Consent and Agreement."

Ordered accordingly.

And also the said Sir Arthure Ingram was cleared by the House, of all Aspersions that any way might reflect upon him by the Complaint of the said Sir Edward Waterhowse.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 18^m diem instantis Martii, hora nona, Dominis sic decernentibus.