House of Lords Journal Volume 3
19 March 1624

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 3: 19 March 1624', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 268-270. URL: http://british-history.ac.uk/report.aspx?compid=30381 Date accessed: 20 August 2014.


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DIE Veneris, videlicet, 19 die Martii,

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

p. Carolus Princeps Walliæ, etc.

p. Archiepus. Cant.
Archiepus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
Epus. Winton.
Epus. Petriburg.
p. Epus. Hereforden.
Epus. Wigorn.
Epus. Norwicen.
p. Epus. Roffen.
Epus. Glocestren.
Epus. Carlien.
p. Epus. Co. et Lich.
p. Epus. Bath. et W.
p. Epus. Bangor.
Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum.
p. Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
p. Epus. Asaphen.
p. Epus. Lincoln, Ds. Custos Mag. Sigilli.
p. Comes Midd. Mag. Thes. Angliæ.
p. Vicecomes Maundevill, Præs. Conc. Domini Regis.
Comes Wigorn, Ds. Custos Privati Sigilli.
p. Dux Buck. Mag. Adm. Angliæ.
Marchio Winton.
p. Comes Oxon. Magnus (fn. *) Camerar. Angliæ.
p. Comes Arundell et Surr. Comes Mar. Angliæ.
p. Comes Cantabr. Senescallus Hospitii.
p. Comes Pembroc, Camerar. Hospitii.
Comes Northumbriæ.
Comes Nottingham.
Comes Salop.
p. Comes Kanciæ.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedd.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Suffolciæ.
p. Comes Dorset.
p. Comes Sarum.
p. Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgewater.
p. Comes Leicestriæ.
p. Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
Comes March.
Comes Holdernesse.
p. Comes Carlile.
p. Comes Denbigh.
Comes Bristol.
p. Comes Anglisey.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rochford.
p. Vicecomes Andever.
Ds. Abergavenny.
Ds. Audley.
Ds. Zouch.
p. Ds. Willoughby de Er.
p. Ds. Delawarre.
p. Ds. Berkley.
Ds. Morley et M.
Ds. Dacres de H.
Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert de Sh.
p. Ds. Darcy de M.
Ds. Vaux.
Ds. Windsore.
p. Ds. Wentworth.
Ds. Mordant.
Ds. St. John de Ba.
p. Ds. Cromewell.
Ds. Evre.
p. Ds. Sheffeild.
p. Ds. Pagett.
p. Ds. North.
p. Ds. St. John de Bl.
p. Ds. Howard de W.
Ds. Wootton.
p. Ds. Russell.
p. Ds. Grey de Groby.
Ds. Petre.
Ds. Danvers.
p. Ds. Spencer.
p. Ds. Say et Seale.
p. Ds. Denny.
p. Ds. Stanhope de H.
p. Ds. Carewe.
Ds. Arundell de W.
Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Sh.
Ds. Noel.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Cary de Lep.
Ds. Kensington.
p. Ds. Grey de Werke.

ANSWER returned, by Sir William Bird and Sir Charles Cæsar: That they did Yesterday deliver unto the House of Commons the Five Bills sent by them.

Assuring Lands to Lord Mountague for certain Uses.

Hodie 3a vice lecta est Billa, An Act for settling of certain Manors and Lands of the Right Honourable Anthony Lord Viscount Mountague, towards the Payment of his Debts, and raising of his Daughters Portions.

And, being put to the Question, was Assented unto.

Founding a College at East Grinsted by the Earl of Dorset.

Hodie 1a vice lecta est Billa, An Act for the Founding and Establishing a College, or Hospital, in the Town of East-Grinsted, in the County of Sussex, according to the Intention of the Right Honourable Robert Earl of Dorsett, for One and Thirty Persons, and for the Incorporating the said One and Thirty Persons, and enabling them with Maintenance and Revenue, according to the last Will of the said Earl.

Trials by Battail.

Hodie the Earl Marshal reported the Bill, An Act to abolish all Trials by Battail, and joining of Issue by Battail, in all Writs of Right, as fit to pass, with some Amendments; the which Amendments were presently Twice read, and the Bill Ordered to be ingrossed accordingly.

Brewhouses in and near London and Westminster.

Hodie 1a et 2a vice lecta est Billa, An Act concerning Brewhouses in and about London and Westm. and committed unto the

L. Archbp. of Cant.
E. Marshal.
L. Chamberlain.
L. Bp. of Duresm.
L. Wentworth.
L. Crumwell.
L. Sheffeild.
L. Cary of Lep.

Mr. Serjeant Davis to attend the Lords.

To meet To-morrow Morning, at Eight, in the Painted Chamber.

For prohibiting the Printing of Petitions.

The Lord Archbishop of Canterbury moved the House, To take some Order to forbid the Printing of Petitions, for that thereby scandalous Petitions are published; and signified unto their Lordships, That one Thomas Morley had caused a Petition to be printed, very invective against the Lord Keeper, the which is directed to the Parliament, and secretly delivered unto divers, but not orderly presented, either to this House, or to the House of Commons; in which Petition the said Morley complaineth against an Order made in the Court of Star Chamber.

The said Order was read, in hæc verba:

Order of the Star Chamber, concerning Morley, &c. for Contempt of that Court.

"In Camera Stellata, coram Concilio ibidem, 5 die Julii, Anno 20 Jacobi Regis præsentibus.

Domino Custode Magni Sigilii Angliæ.
Domino Vicecomite Maundevill.
Comite Arundell.
Domino Vicecomite Wallingford.
Thoma Edmonds, Milite, Thesaurario Hospitii Regis.
Archiepiscopo Cant.
Episcopo Winton.
Domino Capitali Justiciario de Banco Regis.
Domino Tanfeild, Capitali Barone Scaccarii.

This Day the Right Honourable the Lord Keeper made Declaration to this Court, That whereas, in Easter Term last, there being a Motion made here in open Court, on the Behalf of the Master, Wardens, and Company of the Woodmongers of London, against the Carmen and Wharfingers; and Mr. Serjeant Richardson, of Counsel with the Wharfingers, informed the Court therein, on the Behalf of his Clients, That one Thomas Morley, Walter Kite, Thomas Copley, and some other of the Company of Woodmongers, have Yesterday exhibited an Indictment against the said Mr. Serjeant Richardson, in The King's Bench, for supposed Misinformation of this Court in the said Cause; which the Court conceiving to be a Matter tending to the great Dishonour of the Court, and a great Wrong to the said Serjeant, and may breed much Trouble and Inconvenience if it should be admitted, have Ordered, with one Consent, That the Proceedings on the said Indictment be stayed, and no further to be proceeded upon; and the Court, much condemning the audacious, bold, and insolent Attempt of the said Thomas Morley, Walter Kite, and Thomas Copley, and others his Confederates, in framing and exhibiting the said Indictment (the like whereof is not known to have been heretofore upon any such Occasion (fn. *) done or attempted), hath further thought fit, and Ordered, That the said Thomas Morley, Walter Kite, and Thomas Copley, and other of the said Woodmongers, and his and their Confederates, as did frame, contrive, and exhibit the said Indictment, or did procure, animate, or abet the exhibiting thereof, shall be called before the Judges of the said Court of King's Bench, or some of them, and His Majesty's Attorney General; to be examined, touching the framing, contriving, and exhibiting the said Indictment, and by whose Means, Advice, Encouragement, Abetment, or Directions, the same was drawn and exhibited, and who wrote the same; and upon such further Interrogatories as the said Judges and Mr. Attorney General shall think fit in their Wisdom; and that the said Thomas Morley, Walter Kite, and Thomas Copley, and their Confederates, and such others as have been Actors in the said Cause, shall forthwith enter into Recognizance in this Court, for their forth-coming and appearing, de die in diem, to answer their said Contempt and Misdemeanor; and to abide such Punishment for the same as the Court shall impose upon them.

Ex. per Isa. Cotton. Thomas May."

The said Petition was read also, in hæc verba:

"To the King's most Excellent Majesty, the Lords Spiritual and Temporal, and Commons, in this High Court of Parliament assembled.

Morley's Petition against the Lord Keeper, for Oppression in the Star Chamber.

"The humble Petition of Thomas Morley, a free-born Subject of this Kingdom, and so inheritable to the Laws, Liberties, and free Customs of the same.

"In all Humility sheweth, That whereas the Right Honourable the Lord Keeper of the Great Seal of England, as a Great Officer and Judge in His Majesty's Courts of Star Chamber and Chancery, ought to watch over the Peace of the Kingdom, and to suppress, to his Power, all Acts of Deceits and Collusions done against the Laws and Peace of the King, His Crown and Dignity; and further, by his Cath, is bound to do Right to all Manner of People, after the Laws and Usages of this Realm, and not to suffer the Hurt or Disheriting of the King, or the Rights of the Crown to be decreased; but that he shall do and purchase the King's Profit in all that he reasonably may.

"And whereas the Petitioner, in the Term of The Holy Trinity, in the 20th Year of His Majesty's Reign, for and on the Behalf of His Majesty, preferred into His Majesty's High Court of King's Bench a Bill of Indictment against Sir Thomas Richardson, Knight, and Serjeant at Law, for doing Deceit and Collusion in the High and Honourable Court of the King of Star Chamber, in Deceit of the said Court, for to beguile and inveigle the said Court, to the great Deceit, Contempt, and Abuse of the said Court, &c. against the Form of the Statute (in that Behalf made and provided), and against the Peace of our Sovereign Lord the King, His Crown, and Dignity.

"And whereas the said Bill of Indictment, upon good and full Evidence given by the Petitioner, and others, on the Behalf of the King, to the Grand Inquest, then and there impanneled for the County of Midd. to enquire of such Deceits, Collusions, and other Excesses, was, by the said Inquest, being good and lawful Men of the said County, found to be a true Bill:

"And whereas the said Proceedings by the said Petitioner were most regular, just, and legal, and in the King's High Road of Justice prosecuted, according to the good ancient Laws of this Kingdom, and such as much tended to His Majesty's Service and the Public Good; and whereby, upon the said Sir Thomas Richardson's Attainder upon the said Indictment, a great Profit would have grown to the Crown by his Fine, if due Proceedings might thereupon have been had.

"That the Right Honourable the Lord Keeper, well knowing the Premises, after the said Indictment preferred, and before the Verdict came in, contrary to his Oath, and the Duty of his great Office and Place, and in great Wrong of the Petitioner, and to disgrace and to give Interruption to His Majesty's said Service, the Fifth Day of June, in the 20th Year of His Majesty's Reign aforesaid, being the next Day after the said Bill of Indictment preferred, made open Declaration, in the said High Court of Star Chamber, That the Petitioner, with others, had the Day before exhibited the said Bill of Indictment against the said Sir Thomas Richardson, which his Lordship conceived to be a Matter tending to the great Dishonour of the said Court, and a great Wrong to the said Serjeant, and might breed much Trouble and Inconvenience, if it should be proceeded upon; contemning the said legal, just, and ordinary Way of seeking to suppress and punish Deceits and Collusion, as an audacious, bold, and insolent Attempt; and further thought fit, and so Ordered, That the Petitioner, and others, the Framers and Exhibiters of the said Bill of Indictment, should be called before the Judges of the said Court of King's Bench, or some of them, and His Majesty's Attorney General, to be examined touching the same; and that the Petitioner, and other Actors in the said Cause, should forthwith enter into Recognizance, for their Appearance de die in diem, to answer their said Contempt and Misdemeanors, and to abide such Punishment for the same as the Court should impose; which Recognizance the Petitioner entered accordingly, and divers Days attended Mr. Attorney General to be examined; but he, being learned, and well understanding what Danger thereby he might have run into, absolutely refused to examine or question the Petitioner thereabouts.

"Now, forasmuch as the said Declaration, and Order thereupon made by the said Lord Keeper as aforesaid, being of the Nature of an Injunction to stay an Indictment at the King's own Suit, is a bold Outbraving and Over-topping of the public Justice of this Kingdom, in a public Court, by an eminent and public Minister of Justice and Estate, in manifest Violation of his Oath, Duty, and Trust, in high Contempt of His Majesty, Usurpation upon His Regalities, Disturbance of the Common Right, Encouragement and Invitation of Evil doers, infringing of the Liberties of the Free Subjects of this Kingdom, and contrary to many the good and ancient Laws and Ordinances of the same, and an Offence so unprecedented, exorbitant, and enormous, as the Petitioner knows not what to call it:

"His most humble Suit to His Sacred Majesty the Head, to the Lords and Commons the most Honourable Members of this Great Council, is, That they would be pleased to take into their grave and mature Considerations the Height, Latitude, and Sequel of this extraordinary Transgression; and thereupon to proceed to such Censure as may give Reparation to the wronged, both King and Subject, and strike a Terror to Presumption itself for ever hereafter attempting the like."

This Order and Petition being read, their Lordships conceived, That this Order was not made by the Lord Keeper alone, his Lordship being no sole Judge in the Court of Star Chamber, but by the whole Court.

Morley and his Printer to be brought before the House.

And it is Ordered, That the said Thomas Morley, and the Printer of the said Petition, be brought hither before their Lordships, To-morrow Morning, by Nine of the Clock; and the Clerk made a Warrant thereupon to the Serjeant at Arms accordingly.

Printing Petitions to be prohibited.

Their Lordships also appointed the Lords Committees for Petitions to take Order for Prevention of Printing of Petitions and Briefs hereafter.

Committees may adjourn themselves.

Their Lordships agreed, That the Lords Committees have Power (according to the ancient Orders of this House) to adjourn themselves de die in diem, as often as they please.

Committee for Munitions, &c.

Lords Committees for Munitions, &c. are to meet on Wednesday next, at Two, in the Council Chamber at Whitehall.

Earl of Derby's Privilege.

Sir Edward Osbaldeston's Arrest.

Thomas Bankes, being brought to the Bar, according to the Order of the Eighteenth of this Month, acknowledged his Fault for arresting of Sir Edward Osbaldeston, Knight, the Earl of Derbies known Servant, contrary to the Privileges of this High Court; and thereupon was discharged out of the Prison of The Fleet.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque diem crastinum, videlicet, in 20m diem instantis Martii, hora nona, Dominis sic decernentibus.

Footnotes

* Origin. Admirallus.
* Bis in Origin.