House of Lords Journal Volume 2: 23 May 1614

DIE Lunæ, videlicet, 23 die Maii:

The House to go into a Committee for the Conference touching Impositions.

THE Lord Chancellor remembered unto the Lords the Message on Saturday last sent from the Lower House, whereby the Knights, Citizens, and Burgesses of that House, did pray a Conference with their Lordships, touching the Point of Impositions, referring the Number, Time, and Place, to their Lordships; desrring only to be forborn that same Day, because, being then employed upon other Service, they could not attend that Business. Secondly, his Lordship briefly did put them in Mind of the Answer, which from hence was returned to the Lower House, videlicet, That the Lords had taken Knowledge of their Message, and would, with the soonest Conveniency, send Answer by Messengers of their own. Then his Lordship remembered, that the Messengers of the Lower House being with the Answer aforesaid dismissed, the Lords, by general Consent, did agree, that, because they were to treat of Matter of great Importance, and such as, being vexata quæstio, would perhaps require, upon some Occasion, Reply, or one Man Oftener to speak than [sitting the House] Order and Custom would permit; therefore the Court to be adjourned, and the Lords, continuing together as a Committee, to take full Consideration of the said Message, and what further Answer might be fit, in due Time, to send unto the Commons; which then (as his Lordship rehearsed) was in Effect, That their Lordships would meet them of the Lower House, and hear what they would deliver unto them. Time and Place in this Course falling next into Consultation, his Lordship shewed what Disadvantage, as well to the King's Cause, as to their own Honours, the Lords should admit, if altogether unprovided they should meet with the Lower House.

Debate whether the Judges shall give their Opinion now concerning Impositions.

In which respect his Lordship moved, That the Lord Chief Justice of the King's Bench, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron, and one Judge of every of the said Courts, namely Mr. Justice Warburton, Mr. Baron Altham, and Mr. Justice Crooke, who had been required, and now were present, to assist this Court, as Occasion should serve, might now be heard (for the better Information and enabling of their Lordships for this Meeting), to deliver their Opinions touching the Point of Impositions, being the Subject of the Treaty proposed by the Lower House, before further Consideration were taken of any other Answer to be sent down. Which Motion was by divers Lords approved, and by others disallowed, and on both Sides spoken unto and argued.

Which Difference not being by that Course reconciled, but their Lordships remaining in Diversity of Opinions, by general Consent, the Question was, by the Lord Chancellor, put: videlicet,

Whether the Lords the Judges shall be heard deliver their Opinion, touching the Point of Impositions, before further Consideration be had of Answer to be returned to the Lower House, concerning the Message from them lately received.

The Judges decline giving their Opinion.

Whereupon the Number of the Lords requiring to hear the Judges Opinions, by saying "Content," exceeding the others, which said "Not Content;" the Lords the Judges, so desiring, were permitted to withdraw themselves into the Lord Chancellor's Private Rooms, where, having remained a-while, and advised together, they returned into the House; and, having taken their Places, as standing dis-covered, did, by the Mouth of the Lord Chief Justice of the King's Bench; humbly desire to be forborn at this Time, in this Place, to deliver any Opinion in this Case, for many weighty and important Reasons, which his Lordship delivered with great Gravity and Eloquence; concluding, that himself and his Brethren are, upon Particulars in Judicial Course, to speak and judge between the King's Majesty and His People, and likewise between His Highness's Subjects, and in no Case to be Disputants on any Side.

The Lord Chancellor moved the Lords, That forasmuch as no Opinion or Direction is to be had from the Judges, they would now advise what Answer shall be sent to the Lower House, who expect to hear from hence; but, Time not now serving thereunto, further Consideration thereof is referred unto the next Sitting of this House.

Bills from the H. C.

Hodie allatæ sunt sex Billæ a Domo Communi, presented by Sir Thomas Lake and others:

1. An Act for punishing of divers Abuses, committed on the Sabbath-day, called Sunday.

2. An Act against the Vexation of His Majesty's Subjects, by the assigning of Debts to the Crown.

3. An Act of Repeal of One Branch of the Statute, made in the Session of Parliament holden upon Prorogation at Westminster the 22d of January, in the Four and Thirtieth Year of the Reign of King Henry the Eighth, intituled, An Act for certain Ordinances in the King's Majesty's Dominions and Principality of Wales.

4. An Act to confirm and enable the Erection and Establishment of an Almshouse, a Free Grammar School, and a Preacher, in the Town of Monmoth, intended to be done and performed by the Master and Four Wardens of the Fraternity of the Art or Mystery of Haberdashers, in the City of London, at the only Costs and Charges of William Jones, Merchant Adventurer, a Member of the said Fraternity, and now resident at Hanborough, in the Parts beyond the Seas.

5. An Act for the enabling of John Yewe, Clothier, to make Sale of certain Lands, for the Payment of his Debts.

6. An Act for the Confirmation of a Decree in Chancery, made by the Consent of the Lord of the Manor of Paineswick, in the County of Gloucester, and the Customary Tenants of the same Manor.

The Judges now present are required to attend the Lords To-morrow, at the next Sitting of this House.

Adjourn.

Dominus Cancellarius continuavit præsens Parliamentum usque in diem crastinum, videlicet, 24^m Maii, hora nona.