1st April 1624

THURSDAY, 1 APRIL 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13

[CJ 751; f. 95v]

Jovis, 1 Aprilis 1624

L. 1. An act for taking of bail upon reversing of outlawries.

Michaelmas Term. Tomorrow afternoon, Inner Star Chamber. All to have voice.

Bankrupts. Tomorrow, 2 [o']clock, Star Chamber. All that will come to have voice.

L. 1. An act touching taking apprentices and money with them.

SIR THOMAS WENTWORTH prefers a petition from Pontefract. Read.

The mayor, before any writ came, undertook a place for Sir John Jackson. Shut the door against those that came for Sir Richard Beaumont. A number of recusants and papists brought in: 40 of them made burgesses to carry the election. The election being naught, the return cannot be good. To have all reported to the House together.

SIR GEORGE MORE. This town admitted the last Parliament to send burgesses. Since one side heard by counsel, to have the other heard.

MR. [JOHN] GLANVILLE, upon question, to make the report. [f. 96] Considered one point, the validity of the return. Heard no counsel on either side. Had the writ and 2 indentures. Sir Henry Holcroft double-returned, he waived Pontefract. A new writ went down to Pontefract. The sheriff makes this return. 2 days after the date of the writ, mayor and aldermen told him they had chosen Sir John Jackson, and after, the 11 of March, divers other aldermen and burgesses told him they had chosen Sir Richard Beaumont. He returned two indentures:

• 1. Mayor, aldermen and burgesses, the common seal of the town.
• 2. 4 or 5 aldermen, and the rest burgesses, returned Sir R[ichard] B[eaumont], 20 and odd hands.

Committee conceived these several indentures to be returned by the sheriff. They thought the form of it irregular. Their opinion that the return, as it is, has substance sufficient to warrant Sir John Jackson to come into the House. Afore they rose, a petition exhibited against the election. Writ good enough, although the [illegible] day, because it begins not until the King come. 2 returns, he made a warrant to mayor, aldermen and burgesses, Sir John Jackson's indenture is true then, according to the warrant; other not. Bear date one day. Looked on the hands to the indenture; 40 to one, but 20 to the other. Sir John Jackson the greater number. This the ground of the opinion of the committee.

[Blank]

Ordered, that this business of Pontefract concerning the election shall be heard at the committee of privileges in his [sic] due time and turn.

And left, by the House, to the choice of Sir John Jackson whether to come into the House or to forbear.

[f. 96v] SIR JOHN STANHOPE. His man arrested in the country; his bailiff, his necessary servant. To have a warrant to enlarge the party, and to send for the offenders.

Ordered.

Concealments to be this day, after dinner, Court of Wards. And the lawyers of the House especially to attend.

Inferior courts at the same time and place.

MR. RECORDER. A gentleman of the House before, returned again. Whether to receive the communion again?

Resolved, no.

MR. [WILLIAM] NOYE reports the bill of continuance of statutes. No attendance of the committees. The title of the bill altered. Some alterations in the bill.

Stat[ute] of 5 Eliz. [blank]

Next, 14 Eliz./

The amendments twice read. The bill recommitted, tomorrow morning, 8 o'clock. The House to sit as a committee, and the Speaker to sit by. Mr. [William] Noye to be here and take the chair at that time.

L. 2. An act concerning the new erecting and ordering of inns.

Committed to:

Tomorrow, 2 [o']clock, Court of Wards. All that come to have voice.

L. 2. An act concerning hostlers and innholders. Committed to the same committee, at the same time and place.

SIR EDWIN SANDYS. A complaint in many places that in towns corporate, raise new impositions and taxes by colour of their charters. One former complained that it cost him £10 per annum. A bill to prevent this the last Parliament. To have it looked up.

MR. [JOHN] DELBRIDGE. Nothing done about recusants yet. This day sevennight, two citizens came to him and asked him what done against them. Said a 3 or 4 thousand flocked that day to the Spanish ambassador's houses. Unless something be done against them, will breed suspicion still in men's hearts.

A message from the Lords by Serjeant [Sir Ranulphe] Crewe and Attorney [General]. [f. 97v] The Lords desire a meeting with the committee of the House that has been formerly employed to the King, or so many of them as are in the House, presently, Painted Chamber, having some matter of importance to communicate unto them.

Answer: this House will presently give meeting, as is desired.

The committees' names read and sent up to attend the service. Sir Edwin Sandys, Mr. Solicitor to make the report.

SIR JAMES PERROT revives Sir Edwin Sandys's motion. To appoint a time for the committee of trade to render an account of their labours. And for Mr. [John] Delbridge's motion, to have something considered of to be tendered to his Majesty's princely consideration.

SIR EDWARD COKE. 3 kind of burdens on trade: custom; subsidy of tunnage; and, third, impositions. First, consider what native commodities be over-burdened; but no time now. Apt for grievances. To have it treated on, at the next sitting, how the native commodities are over-burdened, at the committee of trade and traffic.

Referred, by the House, to the examination of the committee of trade.

SIR EDWIN SANDYS reports from the Lords. First, the Duke repeated what he last delivered, that the King was resolved so far to follow the advice that he would send into Spain and signify to the ambassador. This, he said, already done. Was present when the King did it. [f. 98] Next thing: had seen the royal navy by command from the King. The importance of this season. If victuals not provided within these 2 months, no navy set out this year. Had endeavoured to take up money, but could get none. Whereupon, he reported it in their House.

Lord Canterbury. 1 E. 3 public faith given by both Houses of Parliament.

The Lords desired us to take it into consideration to treat with such men as have money. This to be with as much expedition as may be. Intelligence of as great navy in Spain as in [15]88, and at Dunkirk a great many flat-bottomed boats to land men. The pretence of all this preparation is to bring the Infanta here.

SIR ROBERT PHELIPS. This proposition comes to a thin House, and unexpectedly. Very weighty. Maybe will cast us back to some things already passed the censure of this House. Not suddenly to resolve, but to defer it until tomorrow morning, 8 [o']clock.

[CJ 752] MR. SOLICITOR approves the last motion. But the Lords expect an answer, which may be that this matter has been reported to the House, and that we desire some time to consider of it.

SIR JOHN ELIOT. The matter of great importance. Had the sight of those letters of the Duke of Buckingham. To have it tomorrow morning. Season of the year requires haste.

Resolved, to defer the consideration of this matter until Monday morning, 9 [o']clock.

Sir Edward Coke, Sir Robert Cotton, Mr. [William] Noye, Mr. [John] Selden are required by the House to search precedents that may concern this business.

[f. 98v] Mr. Recorder sent up to the Lords with this message: that the House will take into consideration this matter with as much expedition as may be, and then their Lordships shall hear from us.

SIR ROBERT PHELIPS. Spain can do us no harm unless he have a party here in England. That never so like as now. To appoint a committee to consider what was done the last Parliament. To present it to his Majesty with as much haste as can be.

SIR EDWARD COKE. To have a law that no recusant, or whose wife is a recusant, may bear any office in the kingdom.

MR. [JOHN] PYM. To have the committee consider of all real recusants as well as legal recusants.

SIR EDWARD GILES. To have a speedy course taken to banish Jesuits and priests. Secondly, to disarm the recusants.

SIR ROBERT HARLEY. To name the time. To be a committee of the whole House.

MR. SOLICITOR. To make it a piece of our petition to his Majesty never to entertain treaty that may entangle us with the like inconvenience again.

Ordered, that this matter of religion shall be debated, and considered of, by a committee of the whole House tomorrow morning, 8 o'clock, and the Speaker to sit by.

And the bill of continuance of statutes to be on Saturday morning, 8 o'clock, all other business set apart.

[House adjourned]

II. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2

[p. 232]

Jovis, 1 Aprilis 1624, le primer jour del recesse

Burgesses de Pontefract referre al committee. 2x retornes. Si due retorne soit fait, et puis le election, est question. En chose de danger, ergo, etc. Sur debate pur oiant recte de parte, et, sur question, [MR. JOHN] GLANVILLE fait reporte. Le Parliament begins not before the King's comminge to the Howse.

This day fortnighte [to hear the Pontefract case].

SIR JOHN STANHOPE pur son servante.

[Committees pur] bill de concealments, bill de grace, this afternoone; et certioraries, etc., move par SIR EDWARD COKE. Both this afternoone in gards.

MR. [WILLIAM] NOYE reporte bill de continewances et repeales. Tomorrowe, committee in le Huise. Speaker [to sit] by.

2. L. Bill pur erecting et ordring inns.

Sur question, committe, tomorrow in gards; touts d'avoir voices.

Bill pur ordringe hostlers et inholders.

Sur question, committe al mesme committee et al mesme temps et lieu.

Message del seignours par Sergeant [Sir Ranulphe] Crewe et l'attornie [general]. Present conference ove le former committee in Painted Chamber d'imparter choses de grande importance.

[p. 233] SIR EDWIN SANDYS fait reporte del conference. Treaties [dissolved] declare al Spaine et les ambassadors. Le navy put in safetie; importance de cest season pur victualls. Argente, le Duke's credit et les commissioners. 21 E. 3 publike foy dambideux Huises pur argente. Intelligence de tam grande navy come in [15]88: 120 flat-bottoms boates al Dunkirk and ore ad prise un shippe, Monday nexte pur cest.

III. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383

[f. 114]

Thursday, the 1st of April

MR. [JOHN] GLANVILLE, in his report of the election of the burgesses for Pontefract, for which Sir Thomas Wentworth, Sir Richard Beaumont and Sir John Jackson were returned, said that one of the indentures mentioning the Parliament to begin the 12th of March [sic], which was Beaumont's, was by the committee adjudged but a scroll, for that all adjournments of the Parliament until the King come to the House are void, and the Parliament only begins when the King comes.

SIR EDWARD COKE. By an order of the House made the 22th [sic] of March last, both returns of [Sir Richard] Beaumont's and [Sir John] Jackson's must be suspended until the election be decided. He moved to have this cause heard at the committee this afternoon.

MR. [WILLIAM] MALLORY would have the cause take his turn for hearing, not to be anticipated.

And so it was ordered.

MR. [WILLIAM] NOYE'S report of the bill for continuance and repeal of statutes.

At the dissolution of the abbeys, there was a law made that where there was a monastery, there should be house kept and hospitality.

A statute to continue that when wheat is at 4 nobles a quarter, [f. 114v] whereas there was power given to transport beyond seas, the subjects desire they may likewise carry into other parts of the realm where it is dearer to make the price equal all over.

There was a statute that taverns should sell a sester of wine (that is, 4 gallons) for 12d., which because it could not be afforded was by the committee repealed, having begot a patent for dispensation. This was called the statute de pistoribus. In Edward the 3rd's time, the King had power given him to set the prices of wine, which were not alike everywhere, but higher or lower according to the carriage.

A statute that no man that were wholly Welsh should in some places purchase land nor enjoy the franchise of borough; this statute was by the committee left to the House, and there repealed.

There was a statute now repealed that hostlers should not gain above ½d. in a bushel of oats because servants' wages and other charges were great.

There is a statute that hosts should sell at reasonable prices. This the committee let stand, there being a bill in the House for the same purpose.

An act for directing and ordering common inns, the second reading.

SIR GEORGE MORE spoke against the body of this bill, that whereas justices of peace have power to erect and pull down inns, they would thereby have power to take away men's inheritances.

An act concerning hostlers and innholders.

SIR EDWARD COKE. All bills of penal laws are to be begun from the end of the sessions [sic].

SIR EDWIN SANDYS. The time does admonish us to ease the common- [f. 115] wealth of unnecessary burdens, and he will begin with one. Divers towns corporate lay new taxes and impositions, whereby offices are of a greater revenue and their price greater.

MR. [JOHN] DELBRIDGE complained of the excessive imposition upon trade, that if a merchant go out with £100 of wares, the King takes [£]25 or £26 in the hundred, and in the particular of sugar above £30 in the hundred, which overthrows trade and diminishes the King's profit. He said also that there was little done against recusants. Great resort of them to the ambassador's houses. Our last Lady Day, there was three or 4,000 at [Jean Baptiste] Van Male's house.

Sir Ranulphe Crewe and the Attorney [General] came of a message from the Lords to desire a present meeting of the committees for the great business of the treaties in the Painted Chamber, and about a business of importance.

At the conference

The Lord Admiral. The last time he was here he told us the King's resolution, which is now done. That he has both sent a dispatch to the King of Spain and told his ambassadors that both treaties were broken. He has been with the ships, for the fitting of which he wants money, and without making use of these two months for the navy the year will be lost. He made motion to the Lords to call moneyed men to them and take up the money beforehand; that there is precedents for it. The King of Spain has as great a fleet as in [15]88. He has been providing divers flat-bottoms [boats]; he has 100 already. The Dunkirkers have lately taken a ship in the mouth of the river and come every day upon our coasts. That the time cannot be recovered, but in the money there will be no loss. To take into consideration the importance of this season, that if victuals be not provided in these 2 months, the year is lost.

[f. 115v] In like case, in Edw. the 2['s] and Edw. the 3['s] time, money was taken up by credit, and public faith given to both Houses to repay it when the subsidies came in. That the Dunkirkers had provided 120 flat-bottom boats. The report of the taking this ship was made to one of his servants.

The Prince assured us the money should be so laid out and by our own treasurers.

SIR ROBERT PHELIPS moved to put off the debating of this proposition until tomorrow.

The SOLICITOR. To send to the Lords word of the resolution of the House.

SIR HENRY POOLE. The business is too weighty, the time too short. He moved to put off the business until Monday.

SIR JOHN ELIOT saw these letters to Buckingham from Spain that they meant to bring the Infanta with an army.

MR. [WILLIAM] MALLORY. If these reports be true, as he does not doubt them, he thinks 3 or 4 great Lords might well engage themselves for £100,000 beforehand for the navy.

SIR EDWARD COKE. To press unusual business too soon, they may receive a foil. He moved that [Mr. John] Selden, [Sir Robert] Cotton and [Mr. William] Noye, and offered himself, he said, to make a fourth, to assist to search out precedents for this taking up money beforehand, for he would have this receive no contradiction, and every man to bring in wax or money.

SIR THOMAS WENTWORTH moved to know the sum they demanded, for otherwise we cannot go by guess.

SIR ROBERT PHELIPS. The overcharging and burdening of trade is the decay thereof. It is burdened in two ways, by profit or by right. [f. 116] Spain can do us no harm without a party at home. He loves to speak honest language, and home, if he be faulty therein, his fortune must answer it. He moved to have a committee for recusants, that all the laws against them may by proclamation be presently put in execution.

SIR EDWARD COKE would have a law revived of the third of the King that no recusant, or that has a recusant to his wife, shall bear office.

SIR GEORGE MORE. Your two ancient leagues with the house of Burgundy, the one for merchandise, the other of mutual defence, were broken when we shook off the yoke of the see of Rome, and the Spaniard would never suffer them to be renewed.

The SOLICITOR moved to petition the King that he would give his royal word never to entertain any such treaty to entangle us in point of religion.

SIR ROBERT PHELIPS moved that the bill for the continuance of statutes, being appointed tomorrow morning at 8, should give place to the continuance of religion.

IV. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1

[f. 44v]

1 Aprilis [16]24

The bill for continuance reported.

The 2 bills of alehouses and hostelries. Committed.

SIR E[DWIN] SANDYS move[s] against impositions in towns corporate to the prejudice of those that came to markets by taxes and tolls.

MR. [JOHN] DELBRIDGE thought the country would not think the wind so turned as we, nothing being done against recusants. £[sic]4,000 at Exchange, ambassador[s'], the sheriff saying nothing, dwelling next door. He moved that the King has £30 per centum of one return. To be redressed. That the merchant made not 5d. in a piece of kersey.

A message reported by SIR E[DWIN] S[ANDYS] from the Duke's mouth. How the King was resolved to send into Spain. How, by our advice, [f. 45] he had sent into Spain and delivered to the ambassadors his annulling of treaties. That he had been at the navy, and that now victuals must be provided within two months or no navy can be set out to [sic] year. That neither the King nor his officers' credit could be taken for money. That as tempore E. 1 we should give faith for repayment of monies to be borrowed of men able until it may be levied. That a great navy was providing in Spain, as [15]88. That 120 flat[-bottomed] boats at Dunkirk provided. That therefore money to be provided.

That the Prince assured the employment and moved to name our own treasurers to assure the employment. Precedents in the Parliament Rolls tempore H. 4, H. 5, H. 6. Where the King borrowed money, there was an act passed always that it should be paid out of next subsidy.

V. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237

[f. 108]

1 April

The Lords sent to have a meeting of a committee of both Houses to impart to us some matters of weight, who met in the Painted Chamber, where my Lord Duke told us that his Majesty had not only sent to let the King of Spain know, but diverse other princes, that by advice in Parliament he did break off both the treaties. And also by his Majesty's command, he had been at Chatham to view the royal navy, conceiving there might be present occasion of their employment, his Majesty having intelligence that the King of Spain has in a readiness as great a navy as that in [15]88. That at Dunkirk the[y] had prepared 120 flat-bottom boats, and as was supposed intended to come for England. That his Majesty, with his officers, had been labouring to take up money to victual the ships, which must be done within this fortnight or it would be too late for this year; but their credits would not serve to procure any, and therefore his Lordship desired that the Parliament House would deal with some [f. 108v] moneyed men for a sum of money and pawn their credits for it, and that it should be repaid upon the first subsidy money that should be paid in, and that we might name treasurers for it.

This business, being of great weight and consequence, was put off to be debated on the 5th of April.

VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166

[f. 110v]

[1 April 1624]

The House met accordingly on Thursday, 1⁰ Aprilis 1624, but I came not to the House until Monday, 5⁰ Aprilis 1624. During these 3 days ...

VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980

[p. 164]

April the first, the first day after the recess at Easter, being Thursday

An act concerning reversing of outlawries by bailiffs and under-sheriffs.

An act concerning taking apprentices and money with them.

[Blank]

SIR JOHN STANHOPE informs the House that one of his servants was arrested by one Watson, a tailor of this town. He desires a messenger be sent for Watson.

It is ordered so.

The committee concerning the bill of concealments and removing suits out of inferior courts is to sit this afternoon.

MR. [WILLIAM] NOYE reports the bill of continuance of statutes.

An act for ordering and erecting of inns. Committed.

An act concerning hostelries and innholders. Committed.

SIR EDWIN SANDYS informs the House with a complaint that corporations raise new compositions upon such as resort to their town, which by their charters they cannot do but to those of their corporation. Moves that a bill may be framed against it.

[MR. JOHN] DELBRIDGE. Upon bays going out and sugar coming in, the King take[s] £30 per £100. He moves some course to be taken against recusants, and informs that at an ambassador's near the Exchange on Thursday last, there was seen 3,000 recusants going there.

[p. 165] A message came from the Lords, by Serjeant [Sir Ranulphe] Crewe and the Attorney [General], that the House would appoint presently a committee to meet the Lords in the Painted Chamber because the Lords would communicate to us some things of great importance.

SIR EDWIN SANDYS reports that meeting. That the Duke of Buckingham told them that the King did purpose to pursue the advice of the Parliament in breaking both the treaties, and that he had to that purpose dispatched a messenger into Spain, and that his Majesty did make known as much to the Spanish ambassadors; upon which, his Majesty gave the Duke charge to survey the navy, which he had done, and does find that for munition, victualing, beer and cask there must be present money gotten for the providing to set them out. That the King has tried his credit, and the household, too, but it cannot prevail to furnish the present occasion, and therefore moves the Lords to take into their consideration how money may be gotten, for that if it be omitted but these 2 months, they cannot be set out this summer. Therefore, the Lords have thought, [according] to former precedents, that they pick out some rich men of both Houses who may presently disburse so much money as the present occasion requires. The like he desires may be done in our House, for he has good instruction that the King of Spain's fleet is greater than in [15]88, and that there is provided 120 flat-bottomed boats to land men.

It is ordered that upon Monday by 9 of the clock, the House enter into debate hereof, and in the meantime Sir Robert Cotton and Mr. [John] Selden and [Sir Edward] Coke see precedents for it.

SIR R[OBERT] PHELIPS. If foreign dangers be ready pressed, have we not cause to look to ourselves at home? Spain cannot hurt us without they have help among us, which they never had so much hope of as now. He moves that a select committee may be appointed to consider a proposition that has slept. That a petition may be framed to his Majesty that a proclamation be for the removing the recusants from the city and care had of them in the country by the governors.

[p. 166] SIR EDWARD COKE moves that the law where the wife is a recusant that there the husband ought to bear no office in the commonwealth, may be executed.

SIR EDWARD GILES. That first a proclamation be made for the removing Jesuits out of the kingdom and disarming recusants.

SIR G[EORGE] MORE. That in [15]88, the help of the recusants here did encourage the Spaniard to invade us. He moves that they may be disarmed.

The SOLICITOR, SIR [blank] HEATH, moves that this may be debated thoroughly and digested, and then by humble petition to present our desires in plain language and further to insert into that petition our humble desires that his Majesty, having found the former treaties to be so inconvenient, that he will never enter into the like.

It is ordered that this matter shall be debated to/

VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 392

[f. 73v]

1 April, Thursday

First read. An act against the abusive taking bail upon reversing of outlawries by attorneys and under-shriev[es].

First read. An act touching taking apprentices and money with them.

SIR JOHN STANHOPE. That one of his servants was arrested by one Watson, a tailor of this town. He desires that a messenger may be sent for Watson.

Order. It is so ordered by the House that he be sent for.

The committee for the bill[s of] concealments and removing suits out of inferior courts is to sit this afternoon in the Court of Wards.

[MR. WILLIAM] NOYE reports the continuance of the statutes.

5⁰ Eliz. for maintenance of the navy, they did omit the bringing in of cod and ling in cask, which came by dispensation.

14/

Second read. Committed, [Court of] Wards, tomorrow. An act concerning the new erecting and ordering of inns.

Second read. Committed to the same above said. An act concerning hostlers and innholders.

[SIR EDWIN] SANDYS. A complaint that corporations raise new impositions upon such as resort to their town, which by their charter they cannot do but to those of their corporations. He moves that a bill may be framed against it.

[MR. JOHN] DELBRIDGE. Upon bays going out and sugar coming in, the King takes thirty [pounds] in the hundred. For recusants, he moves some course to be taken against recusants; near the Old Exchange on Thursday last at an ambassador's there near, there was of the city 3,000 recusants going in.

[f. 74] Message, [Serjeant Sir Ranulphe] Crewe, Attorney [General]. The Lords desire a present meeting in the Painted Chamber with such of the committee as are now here, presently to communicate to us some great matter of importance.

[SIR EDWIN] SANDYS'S report. That the Duke said that the King did purpose to pursue the advice of this Parliament for the breach of both treaties and that he had dispatched to that purpose a messenger to Spain. That his Majesty did as much to the Spanish ambassadors, upon which his Majesty gave the Duke in charge to go to survey the navy, which he did and does find that for munition, victualing, beer and cask there must be present money to be got for the providing to set them out. The King has tried his credit and the household but it cannot prevail. He therefore moved the Lords to take into their consideration how money may be got, for that if it be omitted but these 2 months they cannot be set out this summer. Therefore, the Lords have thought, according to former precedents, that they pick out some rich men who may presently disburse so much money as the present occasion requires. The like he desires from our House, for he has good information that the King of Spain's fleet to be greater than [15]88 and 120 flat-bottom boats.

Order. It is ordered that upon Monday by nine of the clock, we enter into debate hereof, and in the meantime Sir Robert Cotton, [Mr. John] Selden and [Sir Edward] Coke to see precedents against that time.

[f. 74v] [SIR ROBERT] PHELIPS. If foreign dangers be pressed, have we not cause to look at home? Spain cannot hurt us without they have help among us, which they never had so much hope of as now. He moves that a committee may be selected to look into a proposition that has slept, that a petition may be framed to his Majesty that a proclamation be for the removing the recusants from the city and care had of them in the country by the governors.

[SIR EDWARD] COKE moves that the law that where the wife is a recusant that there the husband ought to bear no office in the commonwealth.

[SIR EDWARD] GILES. That first a proclamation be made to rid the Jesuits out of the kingdom and the disarming recusants.

[SIR GEORGE] MORE. That in [15]88, the help of the recusants here did encourage the Spaniard to invade us. He moves that they may be disarmed.

[MR.] SOLICITOR. That we may debate this thoroughly and digest it, and then by humble petition to present our desires in plain language and further to insert into that petition our humble desires that his Majesty, having found the former treaties to be inconvenient, that he will never enter into the like.

It is ordered that the matter for religion/

IX. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050

[f. 44]

1⁰ Aprilis 1624

MR. [JOHN] GLANVILLE reported the opinion of the committee concerning the double return for Pontefract. That in the return of Sir John Jackson there wanted only form. But to the return of Sir Richard Beaumont, there were these exceptions.

• 1. That the Parliament is recited to begin the 12th of February, whereas it was summoned the 12th but began the 19th.
• 2. The indenture did not answer the point of the warrant, for the warrant was to the mayor and burgesses, whereas this return was by divers burgesses without the mayor.
• 3. The sheriff's hands were shut up by the first indenture.
• 4. That a greater number were specified for Sir John Jackson than for Sir Richard Beaumont.

Whereupon the committee, not precisely allowing all these exceptions to be good, did order that the return for Sir Richard Beaumont was a void return and Sir John Jackson was left to himself to sit in the House at his peril until the election were tried.

It was informed by MR. RECORDER that his brother was again elected for Winchelsea and desired to know whether he should receive the communion before he came into the House.

And it was ordered that he needed not, because he had received it at first when he was in upon the former election.

MR. [WILLIAM] NOYE reported the bill for continuance and repeal of statutes.

An act concerning the new erecting and ordering of inns.

Exception was taken to this bill because power was left in justices of the peace to put down ancient inns, which amounted to the taking away of a man's inheritance.

Committed.

An act concerning hostelries and inns. Committed to the same committee.

SIR EDWIN SANDYS. The time did admonish us to take into consideration how we might ease the count[r]y of unnecessary burdens. He would not meddle with those which, being taken away, would give any great diminution to his Majesty's revenue. There was a great complaint against towns corporate for new taxes under colour of charters, who ought to have power only upon their own body. By this means, farmers were charged immeasurably and offices in cities and towns enhanced to higher prices. A bill had been preferred the last Parliament, which he desired might be read.

[f. 44v] A message from the Lords, by which a present meeting was desired of the committee formerly appointed to attend the King concerning matter of importance, which was ordered.

SIR EDWIN SANDYS reported the conference with the Lords, wherein the Duke of Buckingham declared that his Majesty's dispatch for Spain was ready, which he had seen, and that the King had declared his intention of dissolving the treaties to the Spanish ambassador in his presence. By his Majesty's command, he went to view the navy with direction to put it in safeguard and to provide to set it forth because of the importance of the season, there being but 2 months left wherein victuals could be provided; for which purpose he had endeavoured to take up money but could not get any either upon the King's or the officers' credit, which having reported to their Houses, some precedents were produced in the times of Ed. 1 and Ed. 3, wherein the public faith of both Houses was given for security, and he had found those who upon the like would now lend, wherefore they desired us to consider of it.

He had received intelligence of a great navy prepared in Spain, so great as in [15]88, and that there was provision in Dunkirk for 120 flat-bottom boats, and they had taken one ship already in the mouth of the river.

The Prince added that we should be sure this money should be employed according to our agreement.

After some small debate, a message was sent to the Lords that we would take a convenient time to consider of this business; but we never heard more of it.

Before this message, SIR JAMES PERROT had moved for a committee concerning recusants, SIR EDWARD COKE for some special consideration of those commodities which were over-burdened by imposition, it being informed by MR. [JOHN] DELBRIDGE that the charges upon the trade into Spain was [£]25 per 100.

SIR ROBERT PHELIPS. T[w]o things in proposition, the safety of the subject and the ability. The burdens upon trade concern us in right and in profit, but it was a good way by the committee for trade. Spain could do us no hurt without a party here. When we come down, the country will justly inquire what we do concerning that party. Therefore, to appoint a committee to consider what might be done that the laws might be put in execution and the recusants confined.

It was added that party consisted of 2 sorts of recusants, legal recusants and real. The legal recusant [f. 45] was indicted and convicted, the other sort were maintainers of that faction but by open conformity or by negligence of the officers kept themselves out of the penalty of the law. The committee, therefore, to devise some way how these might be discerned and restrained as well as the other. Of these were the greatest number and the greatest danger.

MR. SOLICITOR. To digest this business into a petition and add an humble request that his Majesty would be pleased, at the humble suit of his subjects, to promise in no treaty of marriage or otherwise to admit of any condition to the prejudice of the laws concerning religion.

Committed.

X. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597

[f. 107v]

Thursday, March 25 [sic], the first day after the adjournment

MR. [JOHN] GLANVILLE'S report from the committee of privileges. [Blank] The case of Pontefract. The question concerning the validity of the return. Sir Henry Holcroft returned both for Pontefract and for Stockbridge, whereupon he made choice of Stockbridge. A new writ, 24 February, for Pontefract. The return shows that, 26 February, he directed a warrant to the mayor, etc., who returned Sir John Jackson. [Blank] A certificate endorsed by the sheriff that another indenture, 11th of March, was returned to him, signed only by some burgesses who chose Sir Richard Beaumont. The writ mentions the beginning of the Parliament to be 19 February, yet the return thought to be good in regard the computation was by the King's coming to the Parliament. The warrant was directed to the mayor, aldermen and burgesses, and the return for Sir John Jackson accordingly. [f. 108] The other return not so, neither had it half so many hands to it as the other. The committee of opinion Sir John Jackson might warrantably sit until he were upon complaint removed.

The House was of the same opinion. Touching the point of the election, referred to examination of the committee.

SIR JOHN STANHOPE'S complaint of a servant of his being arrested.

Order for his enlargement by warrant from the Speaker.

MR. [WILLIAM] NOYE'S report from the committee of the bill for continuance and repeal of statutes.

In the statute 5 Eliz. touching politic constitutions for the navy, the branch against bringing in of cod and ling in barrels taken away.

In the statute 14 Eliz. touching accountants for tenths, etc., so also 17 [sic] Eliz., left out because perpetual.

A private act concerning Lincoln.

The statute of tillage, [blank] Eliz., left to the consideration of the House because a bill touching that was preferred, and besides patents for dispensations granted.

The act forbidding eating veal, mutton, etc. in Lent, though the party have a licence, to be discontinued.

In the statute touching transporting coin [sic], a clause inserted to give liberty for men to buy to carry from port to port.

[f. 108v] The statute 7 [sic] Jac. touching perjury; 28 [sic] Eliz. perpetual and so made now.

A declaratory clause enacting that the statutes that were upon continuance to be construed to have been in force since 7 of the King.

Statute concerning the prices of wine, thought fit to repeal it. 4 E. 3 it appears that the King did set prices according to the distance of places from the ports.

The statute touching regrating of wools, left to the House.

So also those before the King's time touching shooting in guns.

The statute 13 R. 2, 4 H. 4, concerning the price of oats and hay in inns.

The statute 4 Philip et Mary touching dyeing of one colour, fit to be repealed.

So the statute limiting the making of cloths to towns only.

Referred to be debated in the House tomorrow, the Speaker sitting by the chair.

Bill concerning new erections of inns and alehouses. Second read. Committed.

Bill concerning hostlers and innholders. Second read. Committed.

SIR EDWIN SANDYS'S motion. A fit time now to take into consideration the easing of the subjects' burdens, not meddling with those for the present which may diminish much his Majesty's revenue. In particular, impositions and taxes laid by the magistrates [f. 109] of corporations by colour of their charter, touching which a bill the last Parliament was brought into the House. He desired the bill may now be brought in.

MR. [JOHN] DELBRIDGE'S motion. Never a fitter time to consider of burdens of trade and the like. A man that employs a £100 shall in one voyage yield [£]25 of the [£]100. Sugar yield, 30 per cent.

The same party, another motion. Great expectation through the kingdom that something should be done against recusants. Men suspect things go not so well as is reported.

A message from the Lords. The Lords desire a meeting with the committees of this House formerly employed to the King immediately in the Painted Chamber, for business of great importance.

The committee went up.

[Conference]

At the conference, the Duke of Buckingham said that the King was resolved to make a dispatch to the King of Spain to let him know that, by advice of his Parliament, he now meant to break off both treaties, that of the Palatinate and that of the marriage, and that he himself saw the dispatch. The King has already signified to the ambassador here that they were broken.

[f. 120] Thursday, the first of April, My Lord Duke of Buckingham's speech to a committee of both Houses assembled in the Painted Chamber.

My Lords and gentlemen, the last time I spoke unto you in this place, I acquainted you with his Majesty's resolution to give speedy notice unto the King of Spain and also to his ambassadors here of his Majesty's dissolving the two treaties for the match and the Palatinate. Since that, on Monday last the ambassadors of Spain repairing unto his Majesty, he then declared unto them in the Prince's and my hearing that he would no further proceed but absolutely break off both the said treaties. After which his Majesty commanded me to go down and take survey of his navy, which I did accordingly, to see what estate they stood in, to set a guard upon them, to have them prepared in readiness upon all occasions. I there conferred with the officers concerning their preparation, who informed me that it would require a great sum of money to furnish them forth with their necessaries, and because I knew not how any such sum might with such expedition be levied, I demanded of them if by any means of theirs [f. 120v] they could find out to supply them for the present, who answered me they could not.

My Lords and gentlemen, his Majesty has imposed a great trust upon me in this office of admiralty and I can do nothing without money. Such moneys as I have of mine own I will most willingly expend in this service, but that alone will do no good without further assistance. Something, therefore, must speedily be done, for the loss of these 2 months will be the loss of this whole year, and to furnish forth the ships provisions of many necessaries are to be required, as of cask, beer and munition. Little loss there may be in raising moneys, but an intolerable loss in protraction of time. And therefore, I was bold this morning to propound unto their Lordships a means for the present raising of money, and they well liked, which was by sending for moneyed men for present supply by both the Houses, and then they to take engagements from them both for the repayment, for the which we have now desired your conference and that you would presently take it into your consideration; and if you shall find this to be a good way, then assure yourselves no one penny thereof shall [f. 121] be issued but to this purpose and by your own treasurers.

And gentlemen, let me tell you, we have great reason to take this into a present and careful consideration, for I have lately been advertised by letters from Spain that they have there in readiness a great fleet exceeding that of [15]88 with provision of 100 or 120 flat-bottomed boats to serve them in their intended designs. And the Dunkirkers have so of late encroached upon our coasts that they have taken an English ship even in the face of us, which does offer occasion to doubt of their intentions. This was I advertised of by a servant of mine own, who spoke with the pilot who was in that ship when it was taken.

Then it being moved what sum his Lordship would think fit to nominate for the accommodating his affair, the Duke answered that in all reason there should be more than less, for there should be no loss in that and, as he thought, a £100,000 will serve the turn.

[f. 109] SIR EDWARD COKE. A pitiful thing so many double-hearted men in the heart of the kingdom. The laws to be put in execution.

[f. 109v] MR. [JOHN] PYM. Fit to consider of those who, by their practice, show what they are, as well as those that are convicted.

Thursday afternoon, the committee for privileges

The case for Chippenham adjudged by the greater part of the committee, viz. 26 to 12, that more than the 12 incorporate burgesses ought to have their voice in the choice. The reasons:

• 1. Want of the word confirmamus in the charter, and the words of the charter de cetero erit showing it was no incorporate borough before the granting of the charter.
• 2. Two or 3 records mentioning the choice to be made by the bailiff, burgesses and others de communi congregatione, etc.
• 3. The returns until 35 Eliz. always by the bailiff, burgesses and others.

Other records vouched for the right of election to be in more than in 12, 5 Eliz., 13 Eliz.

One Philip Smith, that had been 4 times bailiff, testified that he knew that the freemen came to demand their right of election with the 12 two several times.

One Fabian testified that in the first year of the King, the town clerk summoned all the freemen and set down their names at the election. And that one Roberts of the town was chosen, being proposed by the generality, and his charges were borne by the freemen as well as the 12. [f. 110] So also that 12 Jac. the freemen complained of being debarred their voice and said they would have it next, and so accordingly they now came to demand it. Fabian affirmed also that now at the election, the 12 having shut out the rest after they had resolved among themselves, they came out to the freemen and demanded for whom they were there, and they answered for Sir Francis Popham.

Smith again affirmed that 1 Jac. he brought a letter from Sir Anthony Mildmay on the behalf of one Mr. [Edward] Wymarke, who was rejected because the freemen would not admit of him.

One Willyes affirmed, he being under-sheriff, [that he] warned the freemen to come to the choice.

Mr. [William] Noye. The words in the charter, parliamentum nostrum, extend no further than Queen Mary.

The committee passed it, by question, and no negative, that more than the 12 ought to have voice, and Sir Francis Popham's election to be good, and that the electors besides the 12 are such as dwell in certain ancient houses, being 80 or more.

The case of Newcastle-under-Lyme. A precedent of a return 27 Eliz., all the burgesses electors. 29 Eliz. a private ordinance that elections should be made by the 24 capital burgesses only.

[f. 110v] Mr. [John] Keeling complained that having the major part of voices, yet Mr. [Richard] Leveson and Sir Edward Vere were returned unduly. Those burgesses that were shut out came to the doors and to the windows, and called upon Mr. Keeling at the time of election.

The case of Norfolk. The election of Sir Thomas Holland and Sir John Corbet adjudged by the major part of voices to be good, in regard of the adjudging of it at the time of the election upon the view at first, the interrupting of the poll by the opposers.

XI. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159

[f. 94v]

Aprilis 1⁰, being Thursday

MR. [JOHN] DELBRIDGE moved that whereas they had laboured to disburden trade and set that free, they would do as much for religion to free it and secure it and the profession thereof. And this motion, it seems, was occasioned by conference [f. 95] that he had lately with some citizens who had observed multitudes of recusants flocking on Maundy Thursday to the Archduchess' ambassador's.

A message from the Lords for a conference.

The Lord Admiral had been at the navy and had found many things wanting to the setting of it out to sea, besides had received intelligence of an extraordinary fleet preparing in Spain and of flat-bottomed boats making at Dunkirk in great abundance, which made them suspect the storm might fall upon us. Subsidy motion could not speedily be raised, and none they could take up; ergo, it was desired that both Houses would give security for the money until it could come.

The answer was respited until Monday after, that the House might be full first.

The former motion renewed again, which seemed by this message to have been cast aside, and enlarged, to petition his Majesty for the banishing of recusants from this town; confining them within 5 miles of their houses; for the execution of the laws upon them; and disabling them whose wives were so to bear any public office, all referred to a committee of the whole House the next morning, and the Speaker to be there.