House of Lords Journal Volume 3: 20 May 1624

DIE Jovis, videlicet, 20 die Maii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt: p. Carolus Princeps Walliæ, etc.

Sir Francis Clerke's Bill.

HODIE 1^a vice lecta est Billa, An Act to enable Sir Francis Clerke, Knight, to make Sale of certain Lands, Tenements, and Hereditaments, for the Payment of his Debts, and providing of Portions for his younger Children.

Butter and Cheese Bill.

Hodie 2^a vice lecta est Billa, An Act for Explanation of the Statutes, made in the Third, Fourth, and Fifth Years of King Edward the Sixth, concerning the Traders of Butter and Cheese.

Cutlery Ware in Yorkshire.

Hodie 2^a vice lecta est Billa, An Act for the good Order and Government of the Makers of Knives, Sickles, Shears, Scissors, and other Cutlery Wares, in Hallamshire, in the County of Yorke, and the Parts near adjoining.

And these Two last-mentioned Bills were committed unto the

To meet when their Lordships please.

Sir Edward Heron's Bill.

Hodie 1^a vice lecta est Billa, An Act for confirming the Sale of certain Lands sold by Sir Edward Heron, Knight, unto Bevell Moulesworth, Esquire, and enabling the said Sir Edward Heron to make Sale of other Lands, for Payment of his Debts, and settling of certain Manors, Salt-marshes, and other Lands, upon Robert Heron and Edward Heron, Sons of the said Sir Edwarde Heron, in Recompence of the same.

Lowe's Bill.

Hodie 3^a vice lecta est Billa, An Act to enable Vincent Lowe, of Denby, in the County of Derby, to sell Part of his Lands, for the Payment of his Debts.

Put to the Question, and Expedited.

True making of Woolen Cloths.

Hodie 2^a vice lecta est Billa, An Act for Continuance of a former Statute, made in the Fourth Year of the King's Majesty's Reign of England, etc. intituled, An Act for the true making of Woolen Cloths, and for some Additions and Alterations in and to the same.

And committed unto the

To meet To-morrow, at Seven of the Clock in the Morning, in the Painted Chamber.

For avoiding Simony.

Hodie 1^a vice lecta est Billa, An Act for avoiding of corrupt and simoniacal Contracts for Churches and Benefices; and for preventing of undue Elections in Colleges and Halls.

Message from H. C. concerning Recusants.

Message from the House of Commons, by Sir Edward Cooke and others: That the Commons desire a Conference with their Lordships, touching a Petition to the King, for removing of all justly-suspected Recusants from their Offices of Trust; and that they have sent to their Lordships Five Bills.

Bills from thence.

1^a, An Act against the secret receiving of Pensions, Gifts, and Rewards, of any Foreign Prince or State.

2^a, An Act to avoid the Extortions and Exactions of Customers, Comptrollers, Surveyors, Searchers, Waiters, and other Officers or Persons employed in or about the Customs and Subsidies of our Sovereign Lord the King.

3^a, An Act for the Relief of the Master, Wardens, and Commonalty of the Art or Mystery of Felt-makers of London, against a Decree made in the High Court of Chancery, (fn. 2) at the Suit of Christopher Warwick, Gentleman.

4^a, An Act for the reversing of a Decree, made in the Court of Whithall, commonly called The Court of Requests, between John Edwards the Elder, Esquire, Complainant, and John Edwards the Younger, Son and Heir Apparent of the said John Edwards the Elder, and Richard Sherbourne, Defendants, bearing Date the Second Day of July now last past; and for the making void of certain Provisos comprized in an Indenture Tripartite, made for the settling of the Lands of the said John Edwards the Elder.

5^a, An Act for the Sale of the Manor of Abbotts Hall, in the County of Essex, late Part of the Possessions of Sir James Points, Knight, deceased, to the Intent that the Money raised thereby may be distributed among the Creditors of the said Sir James Pointz, according to the Direction and Intention of the said Sir James Pointz, by his last Will and Testament.

The Messengers being withdrawn; the Lords considered of the Time for this Conference, and of the Committee for the same; and then they answered:

Answer.

That the Lords will meet presently, with their former Committee of Sixteen, touching Recusants, in the Painted Chamber.

Prorogation put off conditionally.

Before the Lords went to this Meeting, it pleased the Prince his Highness to signify unto the House, That His Majesty will be content to prolong this Session unto Saturday come Sevennight, so as his Highness will engage himself unto His Majesty, that neither of the Two Houses will entertain any new Matter in the mean Time; and that his Highness would first know the Minds of the Commons herein.

Agreed, That this be intimated unto them at the Meeting.

Monopolies.

The Lord President reported the Bill of Monopolies as fit to pass, with some Amendments and Provisos; the which Amendments and Provisos were presently read 1^a et 2^a vice.

And Ordered, That a Proviso be added for the Patent granted to the Lord Dudley, for the sole Melting of Iron Ore with Sea Coals.

And, for that Exceptions were taken to some of the said Amendments, the said Bill was re-committed to the former Committees.

Relief of Peace Officers in contentious Suits against them.

Hodie 2^a et 3^a vice lecta est Billa, An Act to enlarge and make perpetual the Act made for Ease in pleading against troublesome and contentious Suits, prosecuted against Justices of the Peace, Mayors, Constables, and certain others His Majesty's Officers, for the lawful Execution of their Office, made in the Seventh Year of His Majesty's most Happy Reign.

Put to the Question, and Expedited.

Advowson of Sutton to Darcy.

Hodie 1^a vice lecta est Billa, An Act to settle Josse Glover (Presentee of Dame Grace Darcy, Widow, and George Wilmore, Esquire, Committees of the Body and Lands of Edward Darcy, Esquire, His Majesty's Ward) in the Church of Sutton, in the County of Surr. and to settle the Advowson on the said Edward Darcy and his Heirs, as appendant to the Manor of Sutton.

Report from the Conference.

The Lord Archbishop of Cant. reported, That, at the Meeting this Day with the Commons, they presented an humble Petition to the King, desiring this House to join with them therein (as heretofore).

The which Petition was read, in hæc verba: videlicet,

Petition touching Popish Recusants.

"We Your Majesty's loyal and faithful Subjects, the Commons(by Your Royal Authority and Commandment called to and assembled in this present Parliament, out of all the Parts of Your Kingdom of England and Dominion of Wales), do, in all Humility, give Your Majesty most humble Thanks, that You have so religiously and openly published, That Your Laws and Acts of State against Popish Recusants shall be put in due Execution; and now we hold it our bounden Duty (amongst others the important Affairs of Your Realm) to inform Your Majesty of the Growth of this dangerous Sort of People in this Your Kingdom, and of their Insolency and Boldness in all the Parts thereof; insomuch as many of them (unknown to Your Majesty) have crept into Offices and Places of Government and Authority under You, to the disheartening of Your good Subjects, and contrary to Your Majesty's Laws and Acts of State, whose Names (in Discharge of our Allegiance and Duty, without respect of Persons) we, in all Humbleness, present to Your Majesty.

"Now, in Consideration of the great Countenance hereby given unto Popery, the great Grief and Offence to all Your best-affected and true and loving Subjects, the apparent Danger of the whole Kingdom, by putting the Power of Arms into such Hands as, by former Acts of Your Majesty's Council, are adjudged Persons justly to be suspected, and fit themselves to be disarmed; Your said loyal and faithful Subjects do most humbly beseech Your Majesty graciously to vouchsafe that the said Lords and Gentlemen, for these important Reasons, and for the greater Safety of Your Majesty, and of this Your Realm and Dominion, may be removed from all Your Majesty's Commissions of great Charge and Trust, Commissions of Lieutenancy, Oyer and Terminer, and of the Peace, and from all other Offices and Places of Trust."

List of reported Recusants and Non-communicants, who are in Places of Trust.

"The Names of all such Persons as are certified to have Places of Charge or Trust in their several Counties; and are themselves Popish Recusants, or Non-communicants, that have given overt Suspicion of their ill Affection in Religion, or that are reported or suspected so to be.

E. of Rutland.

"The Right Honourable Francis Earl of Rutland is certified to be Lord Lieutenant in the County of Lincolne, and a Commissioner of the Peace and Custos Rotulorum in the County of Northampton, and a Commissioner of the Peace and of Oyer and Terminer in Yorkeshire, and in other Counties; and that he and his Wife are suspected Popish Recusants.

E. of Castlehaven.

"The Right Honourable the Earl of Castlehaven is certified to be a Commissioner of the Peace and of Oyer and Terminer in Wiltshire, and to be suspected to be ill-affected in Religion; and that some of his Family either are or lately were Recusants.

Sir Thomas Compton.

"Sir Thomas Compton, Knight, is certified to be a Commissioner of the Peace and of Oyer and Terminer in Warwickeshire; and he and the Countess his Wife are certified by Fame to be suspected to be Popish Recusants.

L. Herbert.

"The Right Honourable Henry Lord Herbert is certified to be a Commissioner of the Peace in Munmouthshire; and to favour the Popish Religion, and to forbear the Church.

L. Colchester.

"The Right Honourable the Lord Viscount Colchester is certified to be a Commissioner of the Peace in Essex; and (by Report) that he cometh not to the Church, nor receiveth the Communion.

L. Petre.

"The Right Honourable the Lord Petre is certified to be a Commissioner of the Peace in Essex; and (by Report) that he cometh not to the Church, nor receiveth the Communion; and that his Wife and Family are generally suspected to be Popish Recusants.

L. Morley.

"The Right Honourable Henry Lord Morley is certified to be a Commissioner of the Peace in Lancashire; and to be suspected to be a Popish Recusant.

L. Windsor.

"The Right Honourable the Lord Windsore is certified to be a Commissioner of the Peace in Buckinghamshire; and (by common Fame) to be a Popish Recusant.

L. Evry.

"The Right Honourable William Lord Evre is certified to be a Justice of the Peace in the County of Durham; and to be a Popish Recusant Convicted.

L. Wotton.

"The Right Honourable the Lord Wootton is certified to be in (fn. 3) a Place of Authority in Kent; and that he and his Wife do forbear the Church, and are justly suspected to affect the Roman Religion.

L. Teynham.

"The Right Honourable the Lord Teynham is certified to be a Commissioner of the Peace in Kent; and (by common Report) to be a Popish Recusant.

L. Scroop.

"The Right Honourable the Lord Scroope is certified to be (fn. 4) Lord Lieutenant of the Counties of Yorke, of the City of Yorke, and of King stone upon Hull; and to be a Commissioner of the Peace and of Oyer and Terminer in the said Counties, and in sundry other Counties; and that his Lordship hath not received the Communion Once every Year in the last Three or Four Years; and that his Lordship hath given overt Suspicion of his ill Affection in Religion, by his Departure from the Communion on sundry Days, when His Majesty's Council there resident, and others of the Congregation, staid behind to receive the same; sometimes on Easter-day, and sometimes on the Fifth Day of November; and it is testified by Witness, that the Lord Archbishop's Grace of Yorke, and others of His Majesty's Council there resident, were present, and did receive the Communion Once when his Lordship went away; and that his Lordship doth rarely repair to the Church on Sundays and Holidays in the Fore noon, and not above Twice to the Afternoon Sermons (whereunto former Lord Presidents, with His Majesty's Council there residing, have frequently repaired; and whereunto the Council now there resident do ordinarily repair) since he was made Lord President; whereof Notice is taken by all His Majesty's Subjects in those Parts, to the great Grief of such as are truly affected in Religion.

Sir William Courtney.

"Sir William Courtney, Knight, is certified to be a Commissioner of the Peace and a Deputy Lieutenant in Devonshire, and is a Colonel of a Thousand Trained Soldiers of that County, and is Vice Warden of the Stannaries; and that he is suspected to be a Popish Recusant; and that he hath not received the Communion in many Years last past.

Sir Thomas Brudnell.

"Sir Thomas Brudenell, Knight, is certified to be a Commissioner of the Peace and a Deputy Lieutenant in North'tonshire; and that he is a suspected Recusant.

Sir Thomas Somerset.

"Sir Thomas Somersett is certified to be a Commissioner of Oyer and Terminer in Gloccstershire; and that he is reported to be a Popish Recusant.

Sir Gilbert Ireland, etc.

"Sir Gilbart Ireland, Knight, and Richard Sherborn and John Fleminge, Esquires, are certified to be Commissioners of the Peace in Lancashire; and that they are suspected to be Popish Recusants.

Sir Francis Stoners.

"Sir Francis Stoners, Knight, is certified to be a Justice of the Peace, or a Deputy Lieutenant, or both, in Oxonshire; and to be a Popish Recusant.

Sir Anthony Brown.

"Sir Anthony Browne, Knight, is certified to be a Commissioner of the Peace in the County of Norfolke; and that he is reported to be a Popish Recusant.

Sir Francis Howard.

"Sir Francis Howarde, Knight, is certified to be a Justice of the Peace and Custos Rotulorum in Surrey; and is suspected to be ill-affected in Religion.

Sir William Powell.

"Sir William Powell, Knight, is certified to be a Justice of the Peace in Staffordshire; and to be a Noncommunicant, and that his Wife cometh not to Church.

Sir Francis Lacon.

"Sir Francis Lacon, Knight, is certified to be a Justice of the Peace in Shropshire; and that he is suspected to be a Popish Recusant.

Sir Lewis Lewkner.

"Sir Lewes Lewkner, Knight, is certified to be a Commissioner of the Peace in Midd. and that he and his Wife are justly suspected to be Popish Recusants.

Sir William Awbrey.

"Sir William Awbrey, Knight, is certified to be a Commissioner of the Peace in Brecknockshire; and that he is reported to be a Popish Recusant.

Jeninson.

"William Jeninson, Esquire, is reported to be a Commissioner of the Peace in Newcastle upon Tyne; and that he is suspected to be Popish and backward in Religion.

Sir John Gage, etc.

"Sir John Gage and Sir John Shelly, Baronets, and John Thecher, Esquire, are certified to be Commissioners of the Sewers in the County of Sussex; and to be known Papists.

Sir Henry Carvell.

"Sir Henry Carvell is certified to be a Captain of a Foot-band in the County of Norfolke, and to be a Commissioner of Sewers; and that he is reported to be a Popish Recusant.

Sir Thomas Wiseman.

"Sir Thomas Wiseman, Knight, Son of Sir Thomas Wisman, Knight, that is a Justice of Peace, is certified to be a Captain of a Foot-band in Essex; and to be a professed Papist.

Sir Thomas Gerard.

"Sir Thomas Gerard, Knight, is certified to be a Captain of a Company of the Freehold Band in Lancashire; and that he is suspected to be a Popish Recusant.

Sir John Phillpott.

"Sir John Phillpott, Knight, is certified to be a Captain of a Foot Company in Hampshire; and that he and his Wife and his Children are Papists.

Sir Thomas Russell.

"Sir Thomas Russell, Knight, is one of the Deputy Lieutenants and a Justice of the Peace within the County of Worcester; and is justly suspected to be a Papist."

List of Persons in Places of Trust, who have reputed Recusants or Non-communicants in their Family.

"The Names of all such Persons as are certified to be in Places of Charge, or Trust, in their several Counties; and that have Wives, Children, or Servants, that are Popish Recusants or Non-communicants, or that are suspected or reported so to be.

Sir Henry Beddingfield.

"Sir Henry Bedding feyld, Knight, is certified to be a Commissioner of the Peace and a Deputy Lieutenant in Norfolke, and Captain of the Launces there; and that his Wife and Children are reported to be Popish Recusants.

Sir William Wrey.

"Sir William Wrey, Knight, is certified to be a Deputy Lieutenant in Cornewall; and that his Wife is a Recusant.

Sir John Conway.

"Sir John Conway, Knight, is certified to be a Commissioner of the Peace and one of the Deputy Lieutenants in Flintshire; and that his Wife is held to be a Popish Recusant.

Sir Charles Jones.

"Sir Charles Jones, Knight, and William Jones, Esquire, are certified to be Commissioners of the Peace and Two Deputy Lieutenants in Munmouthshire; and that their Wives are Recusants.

Sir Ralph Conyers.

"Sir Ralph Conyers, Knight, is certified to be a Commissioner of the Peace and a Deputy Lieutenant in the Bishoprick of Durham; and that his Wife is generally reported to be a Popish Recusant.

Sir Thomas Lamplough.

"Sir Thomas Lamplough, Knight, is certified to be a Commissioner of the Peace in Cumberland; and that his Wife is a Recusant.

Sir Thomas Savage.

"Sir Thomas Savage, Knight and Baronet, is certified to be a Commissioner of the Peace in Cheshire; and that his Wife is suspected to be a Recusant; and, by common Fame, it is reported, that the said Sir Thomas Savage is a Deputy Lieutenant there; and that he is suspected to be a Non-communicant, and his Children are suspected to be Recusants.

Sir William Massey.

"Sir William Massey, Knight, is certified to be a Commissioner of the Peace in Cheshire; and that his Wife is a Recusant.

Sir Hugh Biston.

"Sir Hugh Biston, Knight, is certified to be a Commissioner of the Peace in Cheshire; and that his Daughter and Heir Apparent is a Recusant.

Sir Thomas Riddall.

"Sir Thomas Riddall, Knight, is certified to be a a Commissioner of the Peace in the Bishoprick of Durham; and that his Wife is a Popish Recusant.

Mr. Thomas Petre.

"Mr. Thomas Petre, Esquire, Brother of the Lord Petre, is certified to be a Commissioner of the Peace in Essex; and that his Wife and Family are suspected to be Recusants.

Sir Marmaduke Wyvell.

"Sir Marmaduke Wyvell, Knight and Baronet, is certified to be a Commissioner of Oyer and Terminer, and lately made One of His Majesty's Council in the North; and that his Wife is a Popish Recusant Convicted.

Sir John Townshend.

"Sir John Townshend, Knight, is certified to be a Commissioner of the Peace in the County of Hereford; and that his Wife is reported to be a Papist.

Sir William Norris.

"Sir William Norris, Knight, is certified to be a Justice of the Peace in Lancashire; and that he hath a Daughter that is a Recusant; and that he hath Two Sons that do serve under the Archduchess.

Anderson.

"James Anderson, Senior, Esquire, is certified to be a Justice of the Peace in Lancashire; and that his Wife and his eldest Son and Heir Apparent are Recusants.

Morgan and Milbourne.

"Edward Morgan and George Milbourne, Esquires, are certified to be Commissioners of the Peace in Munmouthshire; and that their Wives are Recusants.

Sir Philip Knevitt.

"Sir Phillip Knevitt, Baronet, is certified to be a Justice of the Peace in Norfolke; and that his Wife is a Recusant.

Sir John Tasbrogh.

"Sir John Tasbrogh, Knight, and Anthony Hubberd, Esquire, are certified to be Commissioners of the Peace in Norfolke; and that their Wives are reported to be Recusants; and Mr. Hubberd's Children are Popishly educated.

Sir William Selby, etc.

"Sir William Selby, Knight, and Cutbert Heron, Esquire, are certified to be Commissioners of the Peace in Northumb'land; and that their Wives are Recusants.

Sir Richard Tichborne.

"Sir Richard Tichborne, Knight, is certified to be a Commissioner of the Peace in Hampshire; and that his Wife is of the Popish Religion.

Sir John Hall.

"Sir John Hall, Knight, is certified to be a Commissioner of the Peace in Hampshire; and that his Wife and her Daughter are Papists.

Sir George Parkins, etc.

"Sir George Parkins, Knight, Robert Pearpointe, and Fulke Cartwright, Esquires, are certified to be Commissioners of the Peace, in the County of Nottingham; and that their Wives are thought to be Recusants.

Oateley, etc.

"Thomas Oateley, Esquire, is certified to be a Commissioner of the Peace in Shropshire; and Richard Gibbins, Gentleman, to be Coroner there; and that their Wives be Recusants.

Williams.

"Rice Williams, Esquire, is certified to be a Commissioner of the Peace in Carmarthenshire; and that his Wife is a Popish Recusant Convicted.

Sir Thomas Penrodduck.

"Sir Thomas Penrodducke, Knight, is certified to be a Commissioner of the Peace in Midd. and that his Wife is a Recusant.

Sanders.

"Valentyne Sanders, Esquire, is certified to be a Commissioner of the Peace in Midd. and that his Wife is a Recusant.

Rockell.

"Thomas Rockell, Esquire, is certified to be a Commissioner of the Peace in St. Edmunds Berry, in Suffolke; and that his eldest Son is reported to be a Popish Recusant.

Thorold.

"Anthony Thorold, Esquire, is certified to be a Commissioner of the Peace in Lincolnshire; and that he hath a Son that is suspected to be a Popish Recusant.

Sir Nicholas Sanders.

"Sir Nicholas Sanders, Knight, is certified to be a Commissioner of the Peace in Surrey; and his Wife is suspected to be a Popish Recusant."

Which Petition being read, the House did defer the Debate thereof at this Time, for that the Day was far spent.

Answer to the Commons.

And Answer was given to the Commons (who attended for the same, in the Painted Chamber): That the Lords will send them an Answer of this Petition hereafter, when they are Resolved thereof.

The Commons returned the Lords Thanks; and that their House had made an Order to receive no more Bills, nor to entertain no new Business.

No more Bills to be received.

Ordered, That this House will receive no more new Bills.

Continuing some and repealing other Laws.

The Lord President reported the Bill for Continuance of Statutes, etc.

Committee to consider of Damages to be yielded by the Lord Treasurer to the Officers of the Ordnance, et al.

Lords Committees appointed to consider, and report to the House, what Damages the Earl of Midd. shall yield unto Sir Thomas Dallison, Sir Thomas Mounson, to the Officers of the Ordnance, and to Sir Phillip Cary: videlicet,

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

And the Earl of Midd. is to have Notice, that his Counsel may attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Veneris, 21^m diem instantis Maii, hora 8^a, Dominis sic decernentibus.