House of Lords Journal Volume 4
29 January 1629

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History of Parliament Trust

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1767-1830

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14, 15, 16

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'House of Lords Journal Volume 4: 29 January 1629', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 14-16. URL: http://british-history.ac.uk/report.aspx?compid=35406 Date accessed: 24 November 2014.


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DIE Jovis, 29 die Januarii,

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

p. Archiepus. Cant.
p. Archiepus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Petriburgen.
Epus. Hereforden.
Epus. Wigorn.
Epus. Elien.
p. Epus. Co. et Lich.
Epus. Bangor.
p. Epus. Cestriæ.
Epus. Meneven.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Bristol.
Epus. Asaphen.
Epus. Gloucestron.
p. Epus. Norwicen.
Epus. Exon.
p. Epus. Landaven.
Epus. Cicestren.
p. Epus. Bath. et Well.
Epus. Roffen.
p. Epus. Oxon.
p. Ds. Coventrie, Ds. Cust. Magni Sigilli.
p. Ds. Weston, Dominus Thesaurar. Angliæ.
p. Vicecomes Conway, Præs. Concilii Domini Regis.
Comes Manchester, Ds. Custos Privati Sigilli.
Marchio Winton.
p. Comes Lindsey, Mag Camerarius Angliæ.
p. Comes Arundell et Surr Comes Mares. Angliæ.
p. Comes Pembroc, Senescall. Hospitii.
p. Comes Mountgomery, Camerar. Hospitii.
Comes Oxon.
Comes Northumberland.
Comes Salop.
p. Comes Kantii.
Comes Derbiæ.
Comes Wigorn.
Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
Comes Huntingdon.
Comes Bath.
Comes South'ton.
p. Comes Bedford.
p. Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
Comes Suffolciæ.
Comes Dorsett.
p. Comes Sarum.
p. Comes Exon.
Comes Bridgewater.
p. Comes Licestriæ.
Comes North'ton.
p. Comes Warwiciæ.
p. Comes Cantabr.
Comes Carlil.
p. Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
p. Comes Holland.
Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
Comes Banbury.
Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
p. Comes Danby.
Comes Tottnes.
p. Comes Monmouth.
Comes Marleborough.
p. Comes Norwicen.
Comes Rivers.
Comes Sunderland.
Comes Newcastle.
p. Comes Dover.
p. Comes Petriburgen.
Comes Standford.
Comes Kingstone.
Comes Newporte.
Comes Chesterfeild.
p. Comes Thannett.
p. Comes St. Albans.
Vicecomes Mountague.
Vicecomes Purbeck.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
Vicecomes Savage.
p. Vicecomes Bayninge.
p. Vicecomes Campden.
p. Vicecomes Dorchester.
p. Vicecomes Wentworth.
p. Ds. Clifford.
Ds. Abergavenny.
Ds. Audley.
p. Ds. Percy.
p. Ds. Strange.
Ds. Berkley.
Ds. Morley.
p. Ds. Dacres.
p. Ds. Dudley.
p. Ds. Stourton.
Ds. Darcie et Men.
p. Ds. Vaux.
Ds. Windsore.
Ds. St John de Bas.
p. Ds. Cromwell.
Ds. Evre.
Ds. North.
p. Ds. Compton.
Ds. Wootton.
Ds. Petre.
Ds. Spencey.
Ds. Stanhope.
Ds. Arundell.
p. Ds. Noel.
Ds. Kymbolton.
Ds. Newnham.
p. Ds. Mountague.
Ds. Grey.
p. Ds. Deyncourt.
Ds. Ley.
Ds. Roberts.
p. Ds. Conway.
Ds. Vere.
p. Ds. Tregoze.
Ds. Craven.
p. Ds. Fawconbridge.
p. Ds. Lovelace.
p. Ds. Pawlett.
p. Ds. Harvy.
Ds. Brudnell.
Ds. Maynard.
p. Ds. Howard.
Ds. Goringe.
p. Ds. Mohun.
Ds. Savill.
Ds. Butlor.
p. Ds. Dunsmore.

PRAYERS.

These Lords were excused: videlicet,

Absent Lords excused.

The Lords Bishops of Gloucester, Exceter, and Rochester.

Report of His Majesty s Answer to the Petition.

The Lord Archbishop of Yorke reported, That the Committee of both Houses did Yesterday deliver the Petition for the Fast unto His Majesty; and what Answer His Majesty presently gave unto the said Committee.

The Petition for the Fast :

"Most Gracious Sovereign,

Petition for the Fast.

"It is the hearty and very earnest Desire of us Your most dutiful Subjects, the Lords Spiritual and Temporal and Commons in this present Parliament re-assembled, That this our Meeting may be abundantly blessed with all happy Success, in the great Affairs of Church and State upon which we are to consult, and that, by a clear understanding both of Your Majesty's Goodness unto us, and of our faithful and loyal Hearts to Your Person and Service (all Jealousies and Distractions, which are apparent Signs of God's Displeasure and of ensuing Mischiess, being removed), there may, in this Session, and for ever, be a perfect and a most happy Union and Agreement between Your Majesty and all the Estates of this Your Realm, but humbly acknowledging, that neither this nor any other Blessing can be expected, without the special Favour of Almighty God: And having, upon the Observation of the continued and increasing Miseries of the Reformed Churches abroad (whose Cases with bleeding Hearts we do compas sionate), as likewise of those Pumshments already in flicted, and which are likely, and in great Measure, to fall upon ourselves, just Cause to conceive, that the Divine Majesty is, for our Sins, exceedingly oftended with us :

"We do, in these and other pious Respects (most dear Sovereign), humbly beseech Your most Excellent Majesty, that, by Your Royal Commandment, not only ourselves, but all the People of this Your Kingdom, may be speedily enjoined, upon some certain Day or Days, by Your Majesty to be prefixed, by Public Fasting and Prayer, to seek Reconcil ation, at the Merciful Hands of Almighty God; so that the Prayers and Tears of Your whole Kingdom, joined with Your most Princely Care, and the faithful and hearty Endeavours of this great Council now assembled, may procure Glory to Almighty God, in Preservation of His True Religion, much Honour to Your Majesty, Prosperity to Your People, and Comfort to all Your Majesty's Friends and Allies".

His Majesty's Answer, when He received this Petition, at Whitehall, 28 Jan 1628.

The Kings Answer to it.

"My Lords and Gentlemen,

"The chief Motive of your Fasting, being the deplorable State of the Reformed Churches abroad, is too true; and our Duties are [so much as in us lieth] to give them all possible Help; but certainly Fighting will do them more Good than Fasting Though I do not wholly disallow the latter, yet I must tell you, that the Custom of the Fasts every Session is but lately begun. And I confess I am not so well satisfied with the Necessity of it at this Time, as you are. And though I may say much of the little Necessity of it at this Time, yet, to shew you how smoothly I desire all Businesses to go on, eschewing (as much as I can) all Questions or Jealousies, I do willingly grant your Request herein; but with this Note, that I expect that this shall not hereafter be brought into Precedent for frequent Fasts, except upon great Occasions. As for the Form and Time, I will advise with My Lords the Bishops, and then send you a particular Answer to both Houses".

The Lord Archbishop of Yorke reported the Bill for Trade fit to pass, without any Amendment. To be ingrossed.

Lady Strange qualifies for Naturalization.

Memorandum, That the Lady Strange did take the Oaths of Supremacy and Allegiance; and the Lord Strange delivered a Certificate, that the said Lady received the Communion, etc.

Lady Stranges Naturalization.

Hodie 2a vice lecta est Billa, for Naturalizing of he Lady Strange.

Committed unto the

L. Great Chamberlain.
L. Steward.
L. Bp. of Co. and Lich.
L. Bp. of Lincoln.
L. Clifford.
L. Percie.
L. North.

Mr. Serjeant Damport, to attend the Lords,

To meet presently.

Their Lordships returned, and reported the said Bill fit to pass, without any Amendment Ordered to be ingrossed.

Privileged Persons.

Hodie 3a vice lecta est Billa, An Act for the enlarging and setting at Liberty of Privileged Persons, being taken in Execution or otherwise, etc.

Put to the Question, and generally Assented unto.

Preserving His Majesty's Revenue.

The Lord Archbishop of Yorke reported the Bill for better Preserving of His Majesty's Revenue, fit to pass, with some Amendments; the which Amend ments were read 1a et 2a vice; and the Fquity of the Bill debated; and then it was put to the Question, Whether the said Bill, with the Amendments agreed on, should be engrossed or not. Agreed per plures to be ingrossed.

Lord Deyncourt Privilege in a Cause Lady Leeke versus Ld Deyncourt.

Francis Lord Deyncourt delivered his Petition to be read; wherein his Lordship complained, That he was served with a Writ of Execution, upon a Decree in Chancery, in time of Parliament, by William Swinscoe, Servant to the Lady Leeke, and since pursued by Process of Contempt, and now lately arrested by a Serjeant at Arms; and prayed to be discharged of the said Arrest; and that the said Swinscoe and the Lady Leeke may be sent for, to answer their Breach of Privilege of Parliament. It appeared, by a Copy of the Affidavit of the said William Swinscoe, annexed to the said Petition, taken the Seventh of May, 1628, that the said Swinscoe shewed the said Writ unto the Lord Deyncourt upon the last Day of March 1628 (which was in Time of Parliament); it appeared also, that, on the Second Day of December following, the Lord Keeper ordered a Serjeant at Arms to apprehend the said Lord Deyncourt, and to bring him to answer his Contempt; and that the Serjeant arrested him on the Tenth Day of the same Month of December. These being read, the Lord Keeper made a short Recital of the Cause and Proceedings of the Chancery herein; videlicet, That there was a Bill exhibited in Chancery by Sir Francis Leeke, being Ninety and four Years old, shewing, that he had made a Lease of all his Lands, worth Four Thousand Pounds, unto his Son the Lord Deyncourt, at Fourteen Hundred Pounds Rent per Annum, whereof there was One-and-twenty Hundred Pounds Arrear; unto which Bill the Lord Deyncourt, by Privilege of Parliament refused to answer; and it was Ordered by this House (upon the Petition of the said Sir Francis, 15th May 1626), The said Suit to proceed in the Chancery presently, notwithstanding the Privilege of Parliament; that the Decree in Chancery was made afterwards (at the Suit of the Widow of the said Sir Francis, and of William his Son), before the Time of Privilege of Parliament; and, at all the Motions made in Court by the Defendant, no Privilege was claimed The Order for Execution of this Decree was only shewed him in Time of Privilege of Parliament The Order for the Arresting of him by the Serjeant, and the Arrest, were also before the Time of Privilege of Parliament.

Then Lordships, considering hereof, were satisfied with the Proceedings of the Chancery touching the Decree, and the shewing of the Writ of Execution thereof; but they were doubtful whether the Person of a Peer of the Land be subject to an Arrest.

Referved to the Committee of Privileges etc.

Ordered, The Committee for Privileges to consider whether a Serjeant at Arms may arrest the Person of a Peer (out of Privilege of Parliament), upon Contempt of a Decree of the Chancery.

Earl of Leicester Privilege.

Upon Complaint made to the House on the Behalf of the Earl of Leicester, That, there being a Commission granted to examine Witnesses between the said Earl, and the Heirs of Sir Robert Dudley, Knight, their Commissioners deferred the Execution thereof until the of this January, which being within Time of Privilege of Parliament, the said Earl sent Word, that he could not then send his Commissioners, it being so near the Parliament; and they proceeded notwithstanding, and slighted the Privilege of Parliament.

Ordered, These underwritten to be sent for by the Serjeant, to answer their Contempt; videlicet, William Westley, Gentleman, Alexander Lapworth, Gentleman, and William Wise, Counsellor.

Maintenance of Hospitals.

The Committee for Hospitals are to meet on Saturday next, at Two in the Afternoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati proximum, videlicet, 31m diem instantis Januarii, hora nona, Dominis sic decernentibus.