House of Lords Journal Volume 3: 3 December 1621

DIE Lunæ, videlicet, 3 die Decembris,

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

Conference concerning Informers reported.

THE Lord Archbishop of Cant. reported the Conference with the House of Commons, about the Bill of Informers, to this Effect: videlicet, That the House of Commons had sent up to this House the same Bill, which was returned unto them with divers Amendments; which Amendments they allowed of in their House, and subscribed their Assent to the same, and acknowledge the same to be beneficial for the Commonwealth; but, the Amendments being many, they could not be comprised in the Parchment, wherein the Bill was ingrossed; wherefore they have written the same Bill anew, according to the said Amendments, and subscribed the same according to the usual Form; and desired that the Lords Assent to the same may be also subscribed by the Clerk.

His Grace further shewed, That the Bills, being compared together, do agree: Whereupon the Lord Keeper delivered the Bill, so new written, to the Clerk, and commanded him to subscribe the Lords Assent thereunto, which he presently did.

The Committee returned; and, relating this unto the Committee of the Commons (who attended the Answer of the House), they joyfully accepted the same, and said, "Sit nomen Domini et Dominorum benedictum."

Monopolies.

The Lord Keeper remembered the Lords of the Bill concerning Monopolies, which was brought in on Saturday last by the Lord Archbishop of Canterbury his Grace (the first of the Committee on that Bill), as by the major Part of that Committee thought fit to have a Third Reading; and, being put to the Question, was rejected, for that the same Bill (as it is now penned) was not fit to be presented unto His Majesty, for that it seems to restrain His Majesty's Preregative from Grants and Dispensations in the future. And that yet their Lordships had appointed a Committee to set down the Heads, for the drawing of a new Bill concerning Monopolies, which are to meet at Two this Afternoon, in the Painted Chamber.

His Lordship also declared, That there is a Precedent, in the 29th Year of Elizabeth, of a Bill sent up unto this House, for the Sale of the Lands of Thomas Hanforde, and not admitted to be read, for that the Lords had formerly sent down a Bill of the same Nature, which was rejected of the Commons without Conference, and a new Bill framed to the same Effect.

Wherefore his Lordship moved the House, To consider whether, in this Case, their Lordships would be pleased to order a Conference with the Commons, to shew the Reasons why this House hath rejected the said Bill of Monopolies; and also to acquaint them that there is a Committee appointed by this House, to draw a new Bill for the same.

Which Motion was generally well liked of by the whole House; and thereupon it was Ordered, That the former Committee on the said Bill of Monopolies do presently retire themselves into the Little Committee Chamber, to draw up the Heads of a new Bill for the same, before such Conference be had. And that, at the Conference, the Commons be informed of the Reasons why the said former Bill is rejected; and also to advise with them, for the drawing up of such a new Bill.

The Names of which Committee being read, and the Earl Marshal, the Lord Steward, and Lord Chamberlain added, and Mr. Serjeant Crewe also appointed to attend, with the former Attendants, their Lordships retired themselves accordingly.

Con Conner, for counterfeiting Lord Rochford's Hand.

Upon Complaint to the House, That Con Conner hath counterfeited the Hand and Seal of the Right Honourable the Lord Viscount Rocheforde unto a Petition, the said Con Conner being Prisoner in The Compter for a small Debt, and this Day brought to the Bar, he denied the Fact, offering to produce one Lyonell Johnson, from whom he received the said Protection, by the Seventeenth Day of this December.

Whereupon it is Ordered, That the said Con Conner be forthwith discharged out of Prison, to search for and produce the said Lionell Johnson accordingly. And also, That the said Con Conner shall be bound to our Sovereign Lord the King, in a Hundred Pounds, with Two Sureties in Twenty Pounds a-piece, to appear here again on the said 17th of this December, and not to depart until he be dismissed the Court; the said Bail to be taken by the Clerk.

Lord Stafford's Privilege.

Whorewood discharged.

William Whorewood, Servant to the Right Honourable the Lord Stafford, was this Day brought before the Lords (according to the Order of the 30th of November last), by His Majesty's Writ of Habeas corpus cum causa; the Writ, with the Return thereof, being read, and the Lord Stafford avouching the said Whorewood to be his Servant, he the said William Whorewood was discharged out of Prison.

Alvered discharged.

Robert Alvered also, of whom the said William Whorewood complained to have caused his Arrest, knowing him to be a privileged Man, was brought to the Bar, who confessed his procuring the said William Whorewood to be arrested; but, for that it could not appear unto the House that the said Robert Alvered did know the said Whorewood to be privileged at the Time of the said Arrest, he the said Alvered was also discharged for any Contempt by him committed therein.

Hospitals and Free Schools.

Hodie 3^a vice lecta est Billa, An Act for the continuing of Hospitals and Free Schools; being put to the Question, it was generally Assented unto.

Petitions.

The Earl of Bridgewater moved the House, That there be Attendants appointed for the Committee to take Consideration of Petitions. Whereupon Mr. Serjeant Crewe, Mr. Serjeant Finch, Mr. Serjeant Hytcham, and Mr. Attorney General, are appointed to attend the same; and also such of the Judges as the said Committee shall be pleased at any Time to call unto them.

The Lord Sheffeild presented to the House a Petition from Sir John Bowcher, Knight, which was read, in hæc verba: videlicet,

"To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.

Sir John Boucher's Petition.

The humble Petition of Sir John Boucher, Knight.

Humbly sheweth, That the Petitioner bought a Lease, 45° Eliz. by which he was to have, for Twentyone Years, an Hundred Pounds per Annum; and, for securing thereof, had a Recognizance of Fourteen Hundred Pounds; yet, by Extents and other deceitful and indirect Dealings, hath, in all the Times past, received only Six Hundred Pounds, most of which he hath been forced to spend in Suits.

And being lately possessed of Lands by Extent, under the Great Seal of England, liable to the said Recognizance of Fourteen Hundred Pounds; by occasion whereof there were cross Suits in Chancery; between the Petitioner, one John Mompesson, and others, appointed to be heard the Fifth of November last, before the Right Honourable the Lord Keeper, who, hasting the Order, by reason of the Day made the same very greatly to the Petitioner's Prejudice, who that Afternoon petitioned his Lordship for a further Hearing, that the Proofs extant in the Court might be read, which then was, by the Shortness of Time and Suddenness of the Order, prevented; which though his Lordship denied, yet allowed the Petitioner his Appeal to your Lordships. Since which Time, the Petitioner, both by himself and some other, hath, in all Humility, sought to be heard, offering to lose what is already decreed, if his Lordship, taking true Notice of the Cause, found not Reason in Justice and Equity to afford the Petitioner much more; yet cannot prevail in a Suit so reasonable.

Two Days after which Order so given, the Petitioner was also in the same Court ordered to pay Money to another, upon a Motion, there being then not to Bill in Court; which is since decreed, though not to be warranted by the ancient Justice or ordinary Course of Proceedings in Chancery.

Now, for that it may tend to the utter undoing of any Man, to be shut by Decrees before the Cause be fully opened or understood, or to be bound by such as are not duly granted;

The Petitioner doth therefore, in all Humility, appeal unto your Lordships; humbly desiring, that, as well for Justice Sake, and the future Good of others, as the Petitioner's Relief, your Lordships will be pleased to hear and judge the same.

And, according to his most bounden Duty, he shall daily pray, that all your Counsels may ever tend to God's Glory, the King's Honour, and the Publick Good."

This being read, the Lord Keeper (removing to his Place as a Peer) declared the Reasons whereupon his Lordship founded the Decree mentioned in the Petition; and whereas the Petitioner complaineth of hasty Precipitation, his Lordship denied the same, affirming that the House was not fairly dealt with therein by the Petitioner; and his Lordship moved, That their Lordships would be pleased to consider, whether this Petition shall be admitted or no; and, if it be admitted, then his Lordship is ready to speak in Approbation of the said Decree.

The House being put into a Committee, to the End this might be the more freely discussed, and resumed again after long and serious Debate thereof;

It is Ordered, That the Lords Committees for Privileges, &c. shall consider of this Petition, whether it be a formal Appeal for Matter of Justice or no?

And their Lordships are to meet thereon the Sixth of this December (being Thursday), at Two in the Afternoon, in the Painted Chamber. And all the Judges are to attend the Lords therein.

River Thames to Oxford.

The Names of the Lords Committees on the Bill for the Free Passing of the River of Thames to Oxford, was read; and appointed to meet at Three this Afternoon, in the Painted Chamber.

Killingworth Castle to the Prince.

The Names of the Lords Committees on the Bill to enable the Lady Allice Dudley to assure Killingworth to the Prince, were read; and they are appointed to meet at Four this Afternoon, in the Painted Chamber.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 4^m diem instantis Decembris, hora nona, Dominis sic decernentibus.

Bryan Gryffen's Ball.

The Condition, That the said Bryan Gryffin shall make his personal Appearance, in the Upper House of this Parliament, before the Lords Spiritual and Temporal there, on the Seventeenth Day of this December, and not to depart without Licence; and also to bring the Body of Mathew Smyth, whom he affirmed to have counterfeited the Hand and Seal of the Lord North, to a Protection for John Gaunt.

Capt. et cognit. coram me, Henrico Elsynge, Clerico Parliamentorum, per Ordinem Curiæ.

Con Conner's Bail.

Condition, That Con Conner shall appear here in Court on Monday the Seventeenth of this December, and not to depart until he be dismissed the Court.

Capt. 3 Decembris, 1621, per Ordinem Curiæ, corans me, Henrico Elsynge, Clerico Parliamentorum.