DIE Jovis, videlicet, 26 die Junii,
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
Epus. Co. et Lich.
Epus. Bath. et W.
|Ds. Coventrie, Ds. Custos Mag. Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
Comes Maunchester, Præs. Concilii Domini Regis.
Dux Buckingham, Magnus Admirall. Angliæ.
Comes Lindsey, Mag. Camerar. Angliæ.
Comes Arundell et Surr. Comes Maresc. Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountgomery, Camerar. Hospitii.
Vicecomes Say et Seale.
Ds. St. John de B.
Ds. Stanhope de H.
Ds. Stanhope de Sh.
Continuance of some Statutes, and Repeal of others. Expedit.
vice lecta est Billa, An Act for Continuance and Repeal of divers Statutes. And Exped.
Tenants of Bromfield and Yale. Exped.
vice lecta est Billa, An Act for the Establishing of the Estates of the Tenants of Bromfeild and
Yale, etc. And Exped.
Moor, Keeper of The Marshalsea, sent for, for refusing Tooke's Habeas Corpus.
The Serjeant at Arms is to bring John Moore, Keeper
of The Marshalsea, before the Lords presently, to answer his Contempt, for not obeying His Majesty's Writ
of Habeas Corpus, etc. pro Abraham Tooke.
Whereas there were Two Petitions exhibited this
Parliament unto the Lords, one from the Borderers,
Inhabitants, and Commoners, in or near the Forest or
Chace of Leicester, in the County of Leicester; the
other from the Mayor, Bailiffs, and Burgesses, and
other poor Inhabitants, of the Borough of Leicester,
concerning the Disforestation of Leicester Forest, in the
County of Leicester, with a particular Schedule of their
Grievances affixed to each Petition; wherein the said
Borderers do lay Aspersions of indirect Dealing in the
said Disforestation, upon Sir Myles Fleetwood, Knight,
employed by His Majesty in that Service, as by their
said Schedule may appear; the which Schedules and
Petitions were read in the House on Monday the 23d
of this Instant Mouth, and then referred to the Lords
Committees for Petitions, before whom they were read
on Wednesday following (the 25th of this Month), and
Counsel heard on both Sides; and the Opinion of the
said Lords Committees was this Day reported by the
Earl of Bedford to the House.
Whereupon it was Ordered, and declared, That
the House hath cleared Sir Myles Fleetwood from any
Aspersion or Miscarriage that was laid upon him by the
said Petitions or Schedules; and have further Declared,
That what was done by him was warranted by Justice
and Judgement; and that it appeared unto the Committee, that he performed and gave Satisfaction unto all
such as appeared by any Presentment had any Right of
Common, he improving the King's Revenue, and retrenching the Charge with raising Eight Thousand
Pounds to the King out of the said Forest of Leicester;
and the House wished that all Service of such a Nature
might have such a Servant to be employed for His Majesty. It was likewise Assented unto by the House,
That, at their humble Motion to His Majesty, the Bill
exhibited in the Star Chamber against those riotous
Persons, as likewise against the Mayor, Burgesses, and
Commonalty of Leicester, whom the Lords Committees
hoped were not guilty of the Misdemeanors or Riots
complained of; and that the whole Proceedings of that
Suit might stay, and be no further prosecuted against
any, but only against such as being mentioned in the
said Bill, or having been riotous Persons within the said
Towns, that shall attempt hereafter the breaking down
of any of the Inclosures. And it was also moved, and
Ordered, That His Majesty may be humbly moved,
from the Lords of this House, That he would be pleased
to give the Earl of Huntingdon a Recompence, as His
Majesty out of His Favour (fn. *) hath done to the Lords Lieutenants of His Forests, upon the Disaforesting of the
said Forest of Leicester. It was also Agreed by the
House, That Mr. Attorney General shall move
His Majesty from their Lordships, on the Behalf of the
said Mayor and Inhabitants of the Town of Leicestre,
and others who are now sued in the Star Chamber for
Riots concerning the said Forest, that the Suit against
them may cease.
Earl of Warwick versus The East Indian Company.
A Petition was exhibited to the Lords in Parliament
by the Earl of Warwicke against the East Indian Company, concerning the taking of Two Ships of his in the
East Indies; the which Petition being referred to the
Lords Committees for Petitions, it pleased their Lordships, after long hearing and debating the Business by
Counsel Learned on both Sides, by Way of Mediation,
to make an Agreement, by mutual Consent of both
Parties; which was, That the East Indian Company
should pay unto the Earl of Warwicke the Sum of Four
Thousand Pounds, whereof Two Thousand to be paid
within Ten Days, and the other Two Thousand Pounds
at Michaelmas next; which Cause being by the Committees reported to the House, it was accordingly
Ordered by their Lordships, That the said Sum of
Four Thousand Pounds shall be paid in Manner and
Form aforesaid; and that the said Earl of Warwicke
and East Indian Company shall give reciprocal Releases
each to others, of all Actions, Suits, and Demands,
whatsoever, concerning the Premises (vide 9 Junii,
for the Petition).
Committee to peruse and perfect the Journal.
Officers of the House Fees.
Money in the Poors Box to be disourced.
It is this Day Ordered, The Lords Sub-committees
for Privileges, etc. or any Four of them, to meet after
the End of this Session, at such Times as they shall
think good, to peruse and perfect the Journal Book;
and to examine what Fees are due to all the Officers of
this House; and to report the same to the House the
next Session; and to disburse the Money in the Poor
Those Dioceses which have not yet paid in their Collections for the Poor during the late Infection, to do it forthwith, and the Money to be applied for Redemption of English Captive
Whereas the Dioceses of Canterbury, Yorke, Winchester, Exceter, Bangor, Bristoll, Hereford, St. Asaph,
Gloucester, and Duresme, have not paid in the Money
collected for Relief of London and the Places adjoining
in Time of the late Infection, according to the Order
of Parliament made at Oxford, and His Majesty's Briefs
thereupon; It is this Day Ordered, by the Lords
Spiritual and Temporal in this Parliament assembled, That the said Dioceses of Canterbury, of
Bristol, and of Gloucester, shall pay the same presently
unto the Lord Archbishop of Canterbury; and the
Lord Archbishop of Cant. and the Bishops of the said
Dioceses are to take Notice thereof, and to cause the
same to be accounted for, and paid accordingly. And
the Lord Bishop of Winchester is to cause the Money
collected for Durham Diocese (whence his Lordship
was lately translated unto Winchester) to be accounted
for unto the Lord Archbishop of Cant. and the Remainder to be paid in accordingly before Michaelmas
next. And the said Bishop of Winchester, and the Bishop of Exeter, are to cause an Account to be given
also of the said Money collected in their several Dioceses
in the Time of their last Predecessors, unto the said
Lord Archbishop; and the Money to be paid to his
Grace accordingly before Michaelmas next. And whereas the Bishops of Hereford, of Bangor, and of St.
Asaph, are absent by Proxy, they who are first named
in their several Proxies are to send a Copy of this Order
unto their Lordships, and to desire them to accompt and
to make Payments of the Monies collected in their several Dioceses, as abovesaid.
And whereas the Lord Archbishop of Yorke was absent by Proxy also, and now dead, the Lord Bishop of
Winchester, who had his Proxy, is hereby Ordered
to send a Copy hereof unto the Vicar General of the
See of Yorke, requiring him to make the like Account
and Payment. And lastly it is Ordered, That the
said Lord Archbishop of Cant. shall disburse the said
Monies for the Redemption of such English Captives,
and unto such Persons as his Grace shall be directed,
under the Hands of any Six Lords of Parliament.
Memorandum, His Majesty came this Morning to give
His Royal Assent to the Bills, and make an End of this
Session. But His Majesty had not on His Parliament
Robes; neither had the Lords on theirs, for that their
Lordships did not expect His Majesty's coming until the
Afternoon (prout 23 Junii, post meridiem).
Commons come up.
His Majesty being placed in His Royal Throne, the
Commons were sent for, to hear His Royal Answer to
The Commons being come, His Majesty made this
"My Lords and Gentlemen,
"It may seem strange that I come so suddenly to end
this Session; wherefore, before I give My Assent to
the Bills, I will tell you the Cause; though I must
avow that I owe an Account of My Actions to none
but to God alone. It is known to every one, that
a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judge; and
for the Merit of it I will not call that in Question;
for I am sure no wife Man can justify it.
"Now, since I am certainly informed that a Second
Remonstrance is preparing for Me, to take away My
Profit of Tonnage and Poundage (one of the chief
Maintenances of the Crown), by alledging that I have
given away My Right thereof, by My Answer to your
Petition, this is so prejudicial unto Me that I am forced
to end this Session some few Hours before I meant it,
being willing not to receive any more Remonstrances
to which I must give an harsh Answer.
"And, since I see that even the House of Commons
begins already to make false Constructions of what
I granted in your Petition, lest it might be worse interpreted in the Country, I will now make a Declaration concerning the true Meaning thereof.
The Profession of both Houses, in Time of hammering this Petition, was no ways to intrench upon
My Prerogative; saying, They had neither Intention nor Power to hurt it: Therefore it must needs
be conceived that I have granted no new, but only
confirmed the ancient Liberties of My Subjects; yet,
to shew the Clearness of My Intentions, that I neither
repent nor mean to recede from any Thing I have promised you, I do here declare, That those Things
which have been done, whereby Men had some Cause
to suspect the Liberty of the Subjects to be trenched
upon (which indeed was the First and true Ground
of the Petition), shall not hereafter be drawn into
Example for your Prejudice: And, in Time to come
(in the Word of a King), you shall not have the like
Cause to complain.
"But as for Tonnage and Poundage, it is a Thing
I cannot want, and was never intended by you to ask,
never meant (I am sure) by Me to grant.
"To conclude, I command you all that are here to
take Notice of what I have spoken at this Time, to
be the true Intent and Meaning of what I granted
you in your Petition.
"But you, My Lords the Judges, for to you only,
under Me, belongs the Interpretation of Laws, for
none of the House of Commons, joint or separate
(what new Doctrine soever may be raised), have any
Power either to make or declare a Law without My
Speaker of the H. C. presents the Subsidy Bill.
His Majesty's Speech ended; the Speaker presented
the Subsidy Bill from the Commons, which, he said, was
the greatest Testimony of their Love unto His Majesty,
their own Necessities, and the Time and Manner of Payment considered, that ever was granted in any One Parliament; and humbly prayed His Majesty's Royal Assent
unto the Bills passed both Houses.
Bills receive the Royal Assent.
Then the Clerk of the Crown read the Title of each
Bill, and the Clerk of the Parliament His Majesty's Answers to the same.
Dominus Custos Magni Sigilli, ex Mandato Domini
Regis, prorogavit hoc præsens Parliamentum usque in
diem Martis, 20m diem Octobris proxime sequentem.