DIE Mercurii, videlicet, 17 die Maii,
Domini tam
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
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p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
p. Epus. Durham.
Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
Epus. Co. et Lich.
Epus. Bath. et W.
p. Epus. Bangor.
Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
Epus. Lincoln.
Epus. Sarum.
Epus. Exon.
p. Epus. Meneven.
Epus. Bristol.
Epus. Asaphen.
Epus. Carlien.
p. Epus. Gloucestren. |
p. Thomas Coventrey, Miles, Ds. Custos Mag. Sigilli.
p. Comes Mareborough, Magnus Thesaur. Angliæ.
p. Comes Manchester, Præs. Concilii Domini Regis.
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p. Dux Buckingham, Mag. Admirall. Angliæ.
Marchio Winton.
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p. Comes Pembroc, Camer. Hospitii.
p. Comes Oxon.
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p. Comes Sussex.
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p. Comes Herteford.
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p. Comes North'ton.
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p. Comes Devon.
p. Comes Cantabr.
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p. Ds. Vaux.
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p. Ds. Ley.
Ds. Vere. |
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THE Lord Spencer,
Lord Bishop of Salisbury, |
Excused. |
Easdall, Penroase, Foster, and Fell, versus Dean and Chapter of York.
By virtue of an Order dated the 20th Day of April
1626, granted upon the Reading of a Petition of William Easdall, Doctor of Laws, John Pennroase, John Foster, and William Fell, were brought to the Bar; and,
after an Examination of the Cause, both Parties being
heard, the Lords Spiritual and Temporal, in the High
Court of Parliament assembled, did this Day Order,
That the said Pennroase, Foster, and Fell, be discharged
of any further Attendance; and that the Suit now commenced against the said Doctor Easdall be not proceeded
in any further against him. As for the Fees payable by
the said Pennroase, Foster, and Fell; it is further Ordered, That the Dean and Chapter of Yorke do discharge
them, if they did cause the Arrest; which Fees if the
said Dean doth refuse to pay upon the Sight of this
Order, the Lords are to be made acquainted therewith,
that they may therein take such further Order as to their
Lordships shall seem meet.
The Lord Keeper returned His Majesty's Answer unto
a Message from the House the 15th of May, in these
Words: videlicet,
The King's Answer to the Message from the House, touching Counsel being allowed to the E. of Bristol.
"His Majesty having advised of the Message which
your Lordships sent by me to His Majesty; and having taken into Consideration that Himself hath commended this Cause to your Honour and Justice; although His Majesty knows that, by the fundamental
Laws of the Realm, or Custom and Use of Parliament, Counsel is not to be allowed to a Person accused of High Treason; yet, since His Majesty may, at
His own Pleasure, descend between His own Right
and Prerogative; and that it may appear to all the
World that His Majesty, in His gracious Goodness,
is pleased to afford the Earl of Bristol all Ways of
Defence, in a more ample Measure than is due unto
him by Law, is content, and doth hereby give full
Licence, that, in this particular Case, the Earl of
Bristol may have Counsel, both to advise him and to
speak and plead for him.
"But whereas your Lordships Message put His Majesty in Mind of a general Order made in the One
and Twentieth Year of the Reign of His Blessed Father; His Majesty remembers that, upon Occasion
of the Cause of the Earl of Midd. which was only
Criminal and not Capital, an Order was made in the
House, which His Majesty never until now conceived
to extend to Causes Capital; and, however, His
Majesty is well assured that neither the Judges were
advised with in making that Order, nor His late Majesty's Learned Counsel heard for His Majesty; and
therefore His Majesty is not satisfied about that general Order, nor that Counsel shall be allowed in
Cases Capital, without His Majesty's Licence; and
therefore His Majesty will advise further thereof, and
then will send again to your Lordships concerning the
general."
The Lords having considered hereof, it was this
Day Ordered, Mr. Serjeant Hedley, Mr. Serjeant
Bramston, Mr. Serjeant Crawley, and Mr. Anthony Lowe,
to be Counsel with the Earl of Bristol, to advise with
him in his Cause, and also to plead his Cause for him.
D of Buckingham desires to know if he must answer the whole Charge from the Commons.
The Duke of Buckingham moved the House, whether
he shall answer the whole Charge exhibited by the
Commons against him, or such Part thereof only as
their Lordships shall appoint; and whether he shall answer the Aggravations also of the Commons reported to
this House, which he was desirous to answer, that he
might clear all Matters therein.
This being considered of by the Lords; it was Ordered, These Aggravations to be delivered to the Clerk,
to be kept by him close from all, save from the Members of this House; and no Copies to be delivered unto
any, save unto the Members of this House.
To answer the ingrossed Articles.
The Duke of Buckingham to answer to the ingrossed
Articles of the Charge sent up by the Commons, but
not to the Aggravations; unless, upon Perusal thereof,
he shall find any Thing fit to be answered. And, if the
House find it fit that the Duke shall answer any Part of
the said Aggravations, then he is to answer them also.
The Duke to have Use of the original Aggravations for
Expedition.
E. of Bristol desires to put in his Answer.
The Gentleman Usher signified to the House, That
the Earl of Bristol desires he may put in his Answer
this Afternoon, in respect of his Disability of Health;
which Time was thought fit by their Lordships to be
deferred; for that Mr. Attorney was not present, nor
could not be so soon provided.
And it was Ordered, The Earl of Bristol to put
in his Answer on Friday next, if he be well; and Mr.
Attorney General then to attend here.
Their Lordships being moved to receive their humble
Petition to the King from the whole House, on the Behalf of the Earl of Arundell; these (fn. *) Lords were appointed to draw up the same Petition: videlicet,
Committee for drawing up a Petition in Behalf of the E. of Arundel.
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The Lord President.
Lord Chamberlain.
E. of Dorsett.
E. of Devonshire. |
E. of Mulgrave.
L. Viscount Say.
L. North. |
Who having penned and reported the same, it was
read, in hæc verba: videlicet,
"May it please Your Majesty,
The Petition reported.
"The Cause that moves us now humbly to attend
Your Majesty, in our whole Body, as at first we did, is
because we observe that the House of Commons have
speedily received a Member of theirs, being committed: We the Peers, being ambitious to deserve of
Your Majesty, and to appear to the Eye of the
World as much respected in our Rights of Privileges
as any Peers or Commons have ever been, acknowledging You a King of as much Goodness as ever
King was, do now again humbly beseech, that the
Earl of Arundell, a Member of our House, may be
restored to us; it so much concerning us in Point of
Privilege, as that we all suffer what he suffers in this
his Restraint."
Which Petition was approved of, and Ordered to be
presented at such Time as the Lord Chamberlain shall
signify His Majesty's Pleasure to admit their Lordships
to His Presence.
E. of Salisbury's Privilege.
It was this Day Ordered, That the Serjeant at Arms
shall cause to be brought before their Lordships Sir
Francis Leigh, Knight, and his Man James Goodwyn, to
answer their Contempt, for serving of a Subpæna on the
Earl of Salisbury, contrary to the Privilege of Parliament.
The Lord Chamberlain is to move His Majesty when
the Lords shall attend Him with this Petition.
Sir Francis Browne's Privilege.
It was this Day Ordered, That Sir Francis Browne
shall be brought hither, by a Habeas corpus cum causa,
on Saturday next; and his Creditors to be here also, to
answer his Complaint of being imprisoned contrary to
the Privilege of Parliament.
Committee for Petitions.
Upon the Motion of the Earl of Clare, these Lords
were added to the Committee for Petitions, &c.
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E. of Oxon.
E. of Hertford.
E. of North'ton.
E. of Westm'land.
E. of Cleveland.
L. Viscount Mansfeild.
L. Viscount Rocheford. |
L. Bp. of Durham.
L. Bp. of Rochester.
L. Scroope.
L. Stourton.
L. Pagett. |
The said Committee to meet every Thursday, at
Two of the Clock in the Afternoon; and to
divide themselves into several Parts, and Five
of them together to have Power to perform
the Business imposed on them.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris
proximum, videlicet, 19m diem instantis Maii, hora nona, Dominis sic decernentibus.