House of Lords Journal Volume 2: 16 June 1610

DIE Sabbati, videlicet, 16 die Junii:

Assurance of Lands to the Bishop of Durham, and to the E of Salisbury.

HODIE 1^a vice lecta est Billa, An Act for the Assurance of certain Lands and Rents to the Bishop of Duresme and his Successors, and of certain other Lands to Robert Earl of Salisbury and his Heirs.

To explain Part of an Act for the Establishment of the E. of Derby's Estates.

Hodie 1^a vice lecta est Billa, An Act for the Explanation of a Proviso, or Branch of a Statute, contained in an Act of Parliament, made in the Years of the Reign of Our Sovereign Lord King James, of Englande, Fraunce, and Ireland the Fourth, and of Scotland the Fortieth, intituled, An Act for the Establishment and Assurance of divers of the Possessions and Hereditaments of Ferdinando late Earl of Derbie.

To explain the Act against unlawful Hunting and Stealing of Deer and Conies. Exped.

Hodie 3^a vice lecta est Billa, An Act for the Explanation of One Statute, made in the Second Session of this present Parliament, intituled, An Act against unlawful Hunting and Stealing of Deer and Conies.

Ld. Oxenford's Bill for Sale of the Manor of Bretts and Plaistow, to re purchase Henningham.

Hodie 3^a vice lecta est Billa, An Act for the Sale of the Manor of Bretts, and Farm of Plastowe, in the County of Essex, Parcel of the Possessions of Henry Earl of Oxenford, towards the Re-purchasing of the Castle, Manor, and Parks, of Henningham, in the same County, being the ancient Inheritance and Chief House of the Earls of Oxenforde; and sent down to the Lower House, by Mr. Dr. Hone and Mr. Grimston.

Confirmation of a Decree in Chancery between Elrington and Cage. Exped.

Hodie 3^a vice lecta est Billa, An Act for the confirming and establishing of a Decree, made in the High Court of Chancery, for and on the Behalf of Nine Poor Children and Orphans of William Elrington and Edward Elrington, against Edward Cage, Executor of the last Will and Testament of Rowland Eldrington, Brother of the said Edward and William Eldrington, and Uncle of the said Children; and for the extending of the Lands and Goods of the said Edward Cage, for the speedy Execution and Performance of the said Decree, and the Payment and Satisfaction of the Sums of Money thereby decreed to the said Children.

Bills from the H. C.

Hodie allatæ sunt 4 Billæ a Domo Communi, presented by Mr. Chancellor of the Exchequer and others:

1. An Act for Confirmation of certain Fines, levied by John Arundell, of Guarnack, Esquire, to John Arundell, of Trerise, Esquire, deceased; and for settling of the Manors, Lands, Tenements, and Hereditaments, comprized in the said Fines, upon John Arundell, Esquire, and his Heirs, Son of the said John Arundell, deceased.

Parsonage of Frome Whitfield annexed to the Parish of Holy Trinity, in Dorchester.

2. An Act for the uniting and annexing of the Parsonage and decayed Parish of Frome Whitfeild, in the County of Dorset, to the Parsonage and Parish of The Holy Trinity in Dorchester, in the said County. Returned, with an Amendment, which was presently Twice read; and thereupon the said Amendment appointed to be ingrossed in the Body of the said Bill.

Against Moor-burning in the Northern Counties.

3. An Act against Burning of Ling and Heath, and other Moor-burning, in the Counties of Yorke, Durham, Northumb'lande, Cumb'lande, Westm'land, Lancester, Darby, Nottingham, and Leicester, at unseasonable Times of the Year. Returned, with this Message, or Signification, That whereas the same Bill originally began in the Lower House, and was from thence sent up to this House, to which Bill this House made One Amendment, and so sent the same down again for that House to consider thereof; now, whereas the said Amendment containeth these Words ["one Witnesses"]; that House, though conceiving the same to have been by this House slipped otherwise than was meant, yet would not amend the said Amendment, except their Lordships of this House would authorize some of themselves to meet with certain of that House for this Purpose; which accordingly was condescended unto, and the Meeting had presently in the Painted Chamber.

4. An Act to prevent the Spoil of Corn and Grain by untimely Hawking; and for the better Preservation of Pheasants and Partridges.

Ld. Morley's Leave to attend.

The Lord Chancellor declared, That heretofore the Lord Morley, fearing the Sickness of a Servant of his Lordship's would prove infectious, acquainted this House therewithall, and obtained Licence of Absence; and forasmuch as, now all such Danger is past, the said Lord Morley is willing again to attend the Service of the House, but is desirous first to make the same known to their Lordships, and so to come with their good Allowance; which Motion of his Lordship was generally approved by all the Lords.

Lords take the Oath of Allegiance.

The Lord Archbishop of Canterbury, the Lord Stafford, Lord Compton, and the Lord Russell (sitting the House), in their own Persons, kneeling, did every of them freely and voluntarily take the Oath of Allegiance, made and ordained by Parliament in the Third Year of His Majesty's Reign.

To disunite the Parsonages of Ashe and Deane.

The Bill for disuniting of the Parsonages of Ashe and Deane, brought into the House by the Lord Privy Seal, the first of the Committees, with divers Amendments.

Order of this House, concerning the Precedency of the Baronies of Le Despencer and Abergavenny, not properly certified into Chancery.

A new Certiorari, on that Account, to be directed to the Clerk of the Parliament.

The Lord Privy Seal reported to the House, That (according to the Order lately taken) Sir Frauncys Fane, Son and Heir Apparent to the Lady Le Despencer, hath made Search in the Rolls of the Chancery, for such Certificate, or Transcript, as Sir Thomas Smyth, late Clerk of the Parliament, by virtue of a Writ of Certiorari to him in that Behalf directed, did make of the Order of this House, in the Question touching the Claim and Title of the Barony of Bergevenny, between Mr. Edward Nevill, Heir Male, and the Lady Fane, Heir General; and doth find the said Certificate to be imperfect, and to vary from the Entry of the said Order, as it standeth in the Journal Book of this House, to the Prejudice of the said Lady Fane and her Heirs; who, as his Lordship then further declared, doth humbly desire, it may be Ordered, That, upon a New Certiorari, to be directed to Mr. Robert Bowyer, now Clerk of the Parliament, he the said Clerk may, at large and particularly, certify the whole Proceeding of the King's Majesty and the Lords in that Question, and the Order of the House therein, with all Things concerning the same: Whereupon, forasmuch as it seemed to the Lords, that this Course might prove somewhat perplexed and uncertain, it was therefore, by general Consent, Agreed, and so Ordered, That the Lords Committees, to whom the Two several Bills, one exhibited by Mary Baroness Le Despencer, for settling Part of the Possessions of the Lord Bergevenny, the other by the said Lord Bergevenny and Sir Henry Nevill, his Son, to be enabled to sell some Part of the said Possessions, was referred, shall peruse the said Journal Book, touching the Entry of the Premisses; and, upon Consideration thereof, by Advice and Help of Learned Counsel, draw a perfect and full Order answerable thereunto; which being offered to the House, when the Lords shall allow thereof, then a Certiorari to be directed to the Clerk aforesaid, to certify the same into the Chancery, and thereupon the same to be exemplified, according to ordinary Course in like Case.

Adjourn.

Dominus Cancellarius continuavit præsens Parliamentum usque in diem Lunæ, videlicet, 18^m Junii, inter horam 9^m et 10^m.