House of Lords Journal Volume 4: 27 May 1641

DIE Jovis, videlicet, 27 die Maii.

PRAYERS.

Petition of the City of London, about Protections.

Upon reading the Petition of the City of London, complaining of the great Multitudes and Inconveniency of Protections; it is Ordered, That the further Consideration thereof be referred to the Committee of Privileges, to be heard on Monday next, in the Afternoon.

L. Baltinglass versus Sir Geo. Radcliffe.

Ordered, That the Petition of the Lord Baltinglasse against Sir Geo. Radcliffe is referred to the Committee for Petitions.

Calthrop's Petition referred.

Ordered, That the Petition of James Calthrope, Esquire, is referred to the Committee for Petitions.

Commission to give the Royal Assent to Three Acts.

This Day a Commission was presented to the House, directed to the Lord Privy Seal, Lord Great Chamberlain, and to the Earl Marshal, or any Two of them, to give the Royal Assent to Three Private Acts: videlicet, One intituled, "An Act to enable the Marquis of Winchester to grant Estates for Three Lives, or One and Twenty Years, &c. of Lands in the County of South'ton, &c. reserving the old Rents;" One other intituled, "An Act for Naturalizing of Dorothy Spencer, Daughter of Henry Lord Spencer, Baron of Wormeleighton;" and the Third intituled, "An Act for the enabling of the Sale and Leasing of Lands, for Payment of the Debts of Thomas late Earl of Winchelsea." The Lords Commissioners, in their Robes, sitting upon a Form, sat across the House, between the State and the Lord Keeper's Wool-sack. The House of Commons, being sent for, came with their Speaker; then the Clerk of the Parliament presented, upon his Knee, the Commission unto the Lords Commissioners; and the Lord Privy Seal, after he had acquainted the Peers and the House of Commons with His Majesty's Pleasure herein, delivered the Commission to the Clerk of the Parliament, who carried it to his Table, and read it; which being done, the Clerk of the Crown read the Titles of each Bill severally; and then the Clerk of the Parliament pronounced the Royal Assent severally; and then the Commons went to their own House.

Smart versus Dr. Cosens, and others.

Ordered, That Parties on both Sides in Mr. Smarte's Cause, against Doctor Cosens and others, shall have Warrants to produce such Witnesses as shall be needful, at the Hearing of the said Cause.

Committee to prepare Heads for a Conference, touching the Bill for restraining Bishops from meddling in Secular Affairs.

Lords appointed to draw up Heads for a Conference with the House of Commons, concerning the Bill touching the Bishops: videlicet, The

These Lords presently withdrew themselves in the Prince's Lodgings.

Examinations of the Lord Keeper and E. of Northumberland in the E. of Strafford's Cause destroyed.

(fn. 1) Ordered, That the Examinations of the Lord Keeper and the Earl of Northum. taken in the Earl of Strafford's Case by the deputed Lords, and no Use being made of them at the Trial, shall be burnt; which was immediately done, in the House, by the Clerk.

Order about Dowager Peecesses marrying Commoners, touching the Subsidies.

Ordered, That the Committee for Privileges on Monday next do consider whether Lady Dowagers, that have married with Commoners, shall be assessed for Subsidies by the Lords Commissioners.

L. Audiey versus L. Cottington.

Ordered, That the Cause between the Lord Awdley and the Lord Cottington shall be heard on Wednesday Morning next, openly in this House, at the Bar, by Counsel on both Sides.

Ordered, That the Lord St. Johns be added to all the standing Committees.

Inhabitants of Bunhill-fields to be heard.

Ordered, That the Cause of the Inhabitants of Bunhill-fields shall be heard before the Lords Committees for Petitions on Tuesday next, in the Afternoon; in the mean Time, the building of the Wall in the said Fields, which is now erecting by the Artillery Men, is to be stayed, until the Cause be heard before their Lordships.

The Earl of Bath reported the Heads of the Conference; which being read, was approved of: videlicet,

Report of the Heads for the Conference concerning the Bill for restraining Bishops from meddling in Secular Affairs.

"Whereas the House of Commons have said, in the Preamble of the Bill, ["That Archbishops, Bishops, and other Persons in Holy Orders, ought not to intermeddle with Secular Affairs];" after long Debate and Consideration, their Lordships conceived that, by those Words ["ought not"] they understood not Unlawfulness by any Law, but Conveniency or Inconveniency; and, among other Reasons, One principal did arise from the Bill; for this House conceived that, if they thought it absolutely unlawful, they would not have put in those Two Provisions, for Heads of Colleges in the Universities, and for such Persons in Holy Orders to whom Titles of Nobility should descend. For their Rights to vote in Parliament, their Lordships conceive that, by the Common and Statute Laws of this Realm, and by ancient and continued Practice, they have unquestionable Right.

"For Inconveniency, their Lordships yet understand not any such for Certainty and Weight, that will induce them to deprive them and their Successors of that Right. But, if there be any to be given by the Commons, this House shall, at a Conference with them, willingly hear and take them into Consideration.

"For the Bishops having no Votes and Suffrages in the Star-chamber; for their not being of His Majesty's Privy Council; for their not being Justices of the Peace; for their not being Commissioners in Secular Affairs, otherwise than in performing their Duties as they are directed by Law in some special Cases, as in Plenarty of Benefices, Loyalty of Marriage, and some others; for their not having or enjoying any Judicial Room, or Place, in any Temporal Court; this House hath fully assented: Only it hath been offered to their Lordships, on Behalf of the Bishops, that some Consideration may be had of them in some Particulars; as for the Dean of Westm. to have that Corporation confirmed by Act of Parliament 27° Eliz.; for the Bishops of Durham, Elye, and for the Archbishop of Yorke for Hexhamshire, and for all, in keeping Court-leet and Court-barons by their Stewards, and all other Courts that are executed by Temporal Officers, as formerly they have done; which their Lordships conceive not contrary to the Meaning of this Bill."

After this, a Message was sent to the House of Commons, by Mr. Justice Foster and Mr. Serjeant Ayliff:

Message to the H. C. for this Conference.

To desire a Conference, by a Committee of both Houses, presently, if it stands with their Conveniency, touching the Bill concerning the Bishops.

Petitions presented by the E. of Essex referred.

Ordered, That all the Petitions presented to this House at this Time by the Earl of Essex shall be referred to the Committee for Petitions.

Margaret Russell's Petition.

Ordered, That the Petition of Margaret Russell, formerly referred to the Lord Dudley and others by His Majesty's Reference, be referred to the Earl of Essex.

Nevett's Petition.

Ordered, That Tho. Nevett's Petition is referred to the Committee for Petitions, to be heard with the First Conveniency.

Hawes's Cause.

Ordered, That the Cause of Joseph Hawes shall be heard openly in this House, at the Bar, by Counsel on both Sides, on Friday come Sevennight, in the Morning; at which Time and Place all Parties interested are to attend.

The Answer which the House of Commons return is:

Answer from the H. C.

That they will give a present Meeting, as is desired, in the Painted Chamber.

Lords to report the Conference.

The Earl of Bath, Earl of March, and the Earl of Bristoll, were appointed to deliver the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 28^m diem instantis Maii, hora nona, Dominis sic decernentibus.