House of Lords Journal Volume 3: 5 April 1626

Die Mercurii, 5 die Aprilis,

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

THE Committees for Defence of the Kingdom, &c. are to meet this Afternoon.

Gardner for counterfeiting the E. of Huntingdon's Protections.

The Censure against George Gardener is respited until after Easter; and, in the mean Time, these Persons, whom he the said Gardener doth affirm to have bought and sold divers Protections, counterfeited under the Hands and Seals of Lords of Parliament, are Ordered to be brought hither, after Easter, by the Serjeant at Arms, to answer the same: videlicet.

William Pettus, Mathew Deboyse, William Sumpter, Captain Broome, and Sadleton.

The Certificate to be delivered the King, touching the Earldom of Oxon, &c. and the Office of Great Chamberlain of England, was read, in hæc verba: videlicet,

Certificate about the Earldom of Oxford, and the Office of Great Chamberlain.

"May it please Your most Excellent Majesty,

"Whereas, upon the Humble Petitions of Robert Lord Willoughby and Robert Earl of Oxford, severally preferred to Your Majesty, concerning the Titles of the Earldom of Oxford, Baronies of Bulbecke, Sandford, and Badlesmere, and Office of Great Chamberlain of England, severally petitioned for by these Lords, by the one as Heir Male, and by the other as Heir General, to Henry late Earl of Oxon, deceased; Your Majesty was graciously pleased, upon each of their Petitions, to make this Answer:

"That, seeing these Petitions did concern so great an Honour, and Office of Inheritance, and fell so opportunely during the Sitting of Your High Court of Parliament, Your Majesty did think fit to take the Advice of Your Lords and Peers of Your Higher House of Parliament, who have the Judges with them for their Assistance in any Point of Law which may arise. And therefore Your Majesty's Pleasure was, That we, Your Lords and Peers of Parliament, should call the Competitors before us, and examine their Titles, and certify Your Majesty what we should find, together with our Opinions thereof; whereupon Your Majesty would do that to each Party which should be just.

"And whereas afterwards the Right Honourable William Earl of Derby, and the Lady Elizabeth his Wife, in the Right of the said Lady, Eldest Daughter to Edward late Earl of Oxon, by their humble Petition preferred to Your Majesty, desired that the Title of the said Honours and Office might also be taken into Consideration; and Your Majesty was also pleased to refer that Petition also to this House, in such Manner as the other Petitions were before referred:

"According to Your Majesty's Pleasure, thus signified unto us, we called all the said Lords Competitors, and, at several Days, heard their Counsel Learned on either Side; and, after long Debate, we finding there did arise some Points in Law of Difficulty, worthy the Consideration of the Reverend and Learned Judges, we desired their Advice therein; and they, taking these Points of Law into their serious Consideration, after Deliberation of Ten Days, returned unto us this Answer:

"That, for the Title of Earldom of Oxon, they were all of Opinion it doth belong to Robert de Vere, as Heir Male of the Ancient and Honourable House of Vere.

"That, for the Baronies, they are wholly in Your Majesty's Hand, to dispose at Your own Pleasure.

"And the greater Number of the Judges did Resolve, That, for the Office of Great Chamberlain of England, it doth belong to the Lord Willoughby, as Heir General to Henry Earl of Oxon, who was last seized, and died seized of the said Office.

"Upon which Opinion of the Judges, and upon deliberate Consideration of all which hath been offered unto us on each Party, we offer unto Your Majesty our humble Opinions and Advice:

"That the said Earldom may be declared, by Your Majesty, to appertain to the said Robert de Vere; and that he may be accordingly established in that Honour, to him and to his Heirs Male, according to an Act of Parliament made Anno 16° Richardi Secundi.

"That the said Office of Great Chamberlain of England may be declared, by Your Majesty, to appertain to the Lord Willoughby and his Heirs, with a salvo jure nevertheless to Your Majesty.

"All which we humbly submit to Your Majesty's Wisdom and Judgement."

This being read, and allowed of by the House, these Lords were appointed to deliver the same unto His Majesty: videlicet,

The Duke of Buckingham, the Lord President, the Lord Steward, and the Lord Chamberlain.

And, considering the Greatness of the Honour of this Earldom, the Duke of Buckingham was appointed to move His Majesty (from the House), To be pleased to add some Maintenance to the Supportation thereof.

The Earl of Clare did signify unto the House, That the Lords Committees for Privileges, perusing the Proxies of the absent Lords, did find that these Lords were absent, and had not as yet sent any Proxies: videlicet,

Absent Lords who have not sent Proxies.

The Earl of Bristoll, Lord Viscount Mountague, Lord Viscount Wimbleton, Lord Bishop of Peterborough, Lord Bishop of Lincolne.

And the said Earl further reported, That the said Committee thought good to recommend the same to the Consideration of the House.

Proxies deputed to a Peer not sitting in Parliament.

And the Earl of Herteford made this Report to the House: videlicet, The Lords Committees for Privileges met on Monday last: The first Question that arose amongst us was, Whether those Proxies are of any Validity, which are deputed to any Peer who fitteth not in Parliament himself; and it was conceived, that those Votes were lost: Whereupon the Committee found this House to be deprived of Five Suffrages, by the Absence of the Earl of Arundell, to whom they were intrusted. And the Committee finding by the Journal Book, That the Sub-committee, which was appointed to search Precedents for Privileges concerning the Commitment of a Peer in Time of Parliament, had not yet made Report to the House; they then conferring their Notes of Precedents together, whereof they had made Search, they found no one Peer to have been committed (the Parliament fitting), without Trial or Judgement of Peers of Parliament; and that one only Precedent, of the Bishop of Winton in the Book Case of the Third Year of King Edward the Third, which was here urged, cannot be proved to be in Parliament-time, and this the Lords of the Grand Committee thought fit to offer to the Consideration of the House.

Committee to proceed in the Search, and the King's Counsel to produce their Precedents.

Hereupon the House was moved, To give Power unto the Lords Sub-committees for Privileges, to proceed in the Search of Precedents of the Commitment of a Peer of this Realm, during the Time of Parliament; and that the King's Counsel might shew them such Precedents as they have, of the Commitment of a Peer of this Realm, during the Time of Parliament; and that the said Sub-committee may make their Report unto the House, at the next Access. All which was granted, and agreed unto.

And these Lords were added unto the said Subcommittee: videlicet,

The Lord Treasurer, Lord President, Duke of Buckingham, the Earl of Dorset, the Earl of Devon, the Earl of Clare, the Lord Viscount Wallingford, the Lord Viscount Mansfeild, and the Lord North. The King's Counsel to attend the Lords.

They, or any Five of them (the said Sub-committee), to meet on Thursday in Easter Week, at Two of the Clock in the Afternoon, in the Painted Chamber, and afterwards when they please.

And these Lords above-named are also to be added to the Grand-Committee for Privileges, &c.

Laysinby's Petition versus Lord Scroope.

The Earl of Clare reported, That the Lords Committees for Petitions have conceived an Order upon the Petition exhibited by Edmond Laysinby, wherein he complains of a Suit in Chancery, brought against him by the Lord Scroope, for Land of Inheritance; notwithstanding that the same Suit hath had Five several Dismissions out of that Court, as appears by the said Petition; the which Order was read, in bæc verba: videlicet,

"In respect that this Cause hath depended ever since 10° Jacobi Regis, in the Chancery, and hath had, upon several Bills exhibited by the Lord Scroope, Five several Dismissions; and, after Four of those Dismissions, upon Supposal of the Lord Scroope that the Cause was never dismissed upon the Merits thereof, the last Lord Keeper upon the Hearing of the said Cause by Counsel on both Sides, assisted with a Judge, dismissed the same upon the Merits of the said Cause; which Dismission being by the last Lord Keeper kept from the Seal, their Lordships do recommend the same to the now Lord Keeper, upon the Hearing of the Cause, to confirm the Dismission, if he shall see Cause; or otherwise to order it for either of the Parties, as he shall see Cause, with such Costs as his Lordship shall think fit; and that the Petitioner be no further troubled about the same."

Ordered accordingly, and left to the Lord Keeper's Consideration.

Whereupon the Lord Keeper signified unto the House, That this Cause between the Lord Scroope, Plaintiff, and the said Edmond Laysinby, Defendant, is set down for a Hearing in the Chancery this next Easter Term; and demanded of their Lordships, whether he should proceed to the Hearing thereof in Parliament-time, considering the Privilege of Parliament in such Cases.

Ld. Scroope's Privilege.

And it was Agreed, That, if the Lord Scroope would demand his Privilege, it ought to be allowed him. But the Lord Scroope, being present, did not only give his Assent, but earnestly desired that his Cause might be heard this next Easter Term, notwithstanding the Privileges of Parliament.

All which was Ordered to be entered.

Gillett's Petition versus Theobalds.

E. of Sussex's Privilege.

Wild's Arrest.

Upon the Reading of the Petition of John Gillet, one of the Under-bailiffs of Westm. it is Ordered, That the Serjeant at Arms shall cause to be brought before their Lordships the Body of Francis Theobalds, on the 14th Day of this April, to answer his Contempt of the Privileges of Parliament, in prosecuting a Suit against the said Gillett, for setting at Liberty one Richard Wild (Servant to the Earl of Sussex), whom the said Theobalds had caused the said Gillett to arrest during the Time of Parliament.

Wright versus Foreman et alios.

This Day Francis Foreman, Henry Smyth, William Noble, and George Marshall appeared here at the Bar, to answer the Complaint of Thomas Wright, and their Contempt of this High Court, according to the Order of the 24th of March last; but, for that neither the said Thomas Wright, nor any other for him, did attend to testify and prove the said Complaint and Contempt, they the said Francis Foreman, Henry Smyth, William Noble, and George Marshall, were dismissed for the present; but were commanded and enjoined by the House to attend here again on Wednesday come Three Weeks. And it was likewise Ordered, That the said Thomas Wright shall be then here also, with his Witnesses, to prove his Complaint and the said Contempt, or else to pay them their Charges, and they then to be dismissed.

Collection for the Poor.

The Earl of Clare reported to the House, That the Lords Committees appointed to take the Accompt for the City of London have deputed these Lords for a Sub-committee, to proceed therein, and to appoint what Proportionment shall be allowed unto the City of Westm. out of the Monies remaining in the Hands of the Lord Bishop of Gloucestre, and others, of the General Collection for the Poor, in the Cities of London and Westm. and other Places adjoining, in (fn. 1) the Time of the late Infection: videlicet, the

They, or any Three or more of them, to meet on Friday in Easter Week, at Two of the Clock in the Afternoon, in the Painted Chamber. To perfect the said Accompts of the Lord Mayor and others, touching the said Contribution; and to call before them (as Occasion requires) any of the Officers, or other Inferior Ministers, to clear the said Accounts, and to examine the Performance of the Order of Parliament thereupon made at Oxford.

All which was Ordered accordingly. And that the Money in the Poor Man's Box shall be distributed by them.

Motion for the Adjournment.

The Lord Keeper moving to have the House adjourned; it was Agreed, To be adjourned unto Thursday in Easter Week; and to give Knowledge thereof unto the Commons. But the House of Commons being risen, the Clerk was commanded to signify the same unto the Speaker.

Bp. of Bangor's Privilege.

Griffith's Arrest.

Whereas it was Ordered Yesterday, That the Serjeant at Arms attending this House should cause to be brought before their Lordships the Bodies of Griffith Bodwrda, Deputy Sheriff of the County of Carnarvan, and of the now Gaoler of that County, to answer their Contempt, for the Arrest and detaining in Prison of Henry Griffith, Servant to the Lord Bishop of Ban gor, contrary to the Privileges of Parliament; it was this Day Ordered, upon the Petition of Sir Thomas Williams, Baronet, High Sheriff of that County, That the said Serjeant at Arms shall not cause the said Parties to be sent for, according to that Order; and it is further Ordered, That the said High Sheriff shall cause the said Griffith Bodwrda to appear here in the First Week after the next Access after Easter, to answer the said Contempt; as he hath undertaken by his Petition. And the Appearance of the said Gaoler is spared.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis proximum post Pascham, videlicet, in 13^m diem instantis Aprilis, hora nona, Dominis sic decernentibus.