17th April 1624

SATURDAY, 17 APRIL 1624

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

[CJ 769; f. 147]

Sabbati, 17 Aprilis 1624

L. 1. An act for enabling of Sir John Ryves of Damerne near Blandford in the county of Dorset to take his remedy at the common law.

Amwell river. Tuesday, 2 [o']clock.

Salmons. Monday.

Sir Francis Clerke's bill. Monday, Star Chamber, burgesses of Kent, Surrey and Sussex.

SIR NATHANIEL RICH. A member of this House sued at the Common Pleas.

SIR THOMAS CHEKE. A letter to be written for stay of trial.

Ordered.

L. 1. An act to restrain the worsted weavers within the county of Norfolk. [f. 147v] This bill not to be secondly read until 9 [o']clock in a full House.

Master [of the] roll's bill. Tuesday next.

L. 2. Dornic weavers.

Committed to:

Knights, burgesses of Norfolk and Suffolk

Burgesses of Bristol, Norwich, London

[William] Lord Cavendish

Sir John Savile

Wednesday, 2 [o']clock, Court of Wards.

L. 2. Lead ore and lead mine tithes.

Committed to:

[William] Lord Cavendish

Knights, burgesses of Somerset, Devon and Cornwall

Sir James Perrot

Mr. [John] Guy

Mr. [William] Coryton

Sir John Savile

Sir John Stradling

Mr. [John] Pym

Attorney Duchy

All that will come to have voice. Monday, 2 [o']clock, Court of Wards. All parties to have notice.

L. 2. An act concerning fees to be taken in cities and towns corporate.

Committed to:

[f. 148] Sir Edwin Sandys

Sir Henry Poole

Sir Charles Morrison

Sir John Danvers

Sir Alexander St. John

Barons of the Ports

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

MR. [ROBERT] BERKELEY reports the bill against exportation of wool, woolfells and fuller's earth. The amendments twice read.

A message from the Lords by baron [of the Exchequer Sir John] Denham and Sir [blank]. The Lords desire a present meeting with those committees touching that point of the breach of the treaties, in the Painted Chamber.

Agreed, our committee of 48 shall go presently up to the Lords.

Answer: this House will presently attend the conference as is desired. Painted Chamber.

Sir Edwin Sandys to make the report. The committees sent up.

Bill of exportation of wools, recommitted. Presently, Committee Chamber.

MR. [ROBERT] BERKELEY. One Brewer in Kent has engrossed into his hands all the grounds where the fuller's earth is. Committee thought fit this man should be sent for to attend the committee of trade at their next sitting.

Ordered.

The mayor of Rochester to be sent for to attend the committee of grievances at their next sitting.

[f. 148v] Knights, burgesses of Cambridge and Norfolk added to the committee of [Edward] Alcock's bill. Monday, 2 [o']clock.

Monday morning, 9 [o']clock, the debate for the pretermitted customs. And then the engrossed bills to be put to the question.

Inns and hostelries. Monday, Court of Wards.

L. 1. An act concerning an ancient revenue of the crown of seacoals.

This bill not to be read again until 9 [o']clock in a full House.

L. 1. An act that sheriffs, their heirs, executors and administrators, having a quietus est, shall be absolutely discharged of their accounts.

L. 1. An act to prevent the murdering of bastard children.

L. 2. An act for relief of creditors against such as die in execution.

Committed to:

Tuesday, 2 [o']clock, Court of Wards.

[f. 149] MR. [JOHN] WIGHTWICK moves for [Thomas] Cope's bill to have the committee have power to examine witnesses.

Ordered, they shall.

SIR HENRY POOLE tenders a petition from the prisoners of the Fleet. To have a committee to examine these abuses, as the last Parliament. Read.

These are appointed to examine the exactions of the Warden of the Fleet and by what authority he suffers his prisoners to go into the country. Tuesday next at the Fleet.

SIR EDWIN SANDYS reports from the conference with the Lords. A report of the King's letter, very exact, and every word of great weight. Read by the Duke of Buckingham. The beginning this [sic] of the conference. That whereas he had certified to us a dispatch, now he had seen it sent away. Almost there by this time. The King's pleasure he should report the effect of it to both Houses. The King signified to our ambassador there, Sir Walter Aston, that having seen the King of Spain's last dispatch to his ambassador, receiving small satisfaction by it, containing matter unclear and doubtful, and having treated for a clearer declaration, but [CJ 770] not obtaining of it, he proceeded to declare thus much. He had long rested upon their promises that there should be a quiet restitution of the Palatinate upon the Palatinate's submission. His Majesty, in hope thereof, [f. 149v] had refrained arms though he had been advised to the contrary. Found nothing but impertinent and frivolous exceptions to commissions. The Emperor, in this interim, took away the residue of the Palatinate. Gave away the Electorship. King, seeing this, turned again to the King of Spain, and pressed him with his promises. He received from him offers of most unreasonable conditions. First, the Palatinate's son must be brought up with the Emperor. No certain hope of the Palatinate. King, fearing to be deluded, had recourse to consultation. First, to his Privy Council, who gave advice that not fit any longer to rely upon them. Secondly, to the representative body of the whole realm. They gave him advice to dissolve both the treaties. And further, that he could never hear or read that any king ever refused such advice. And therefore he did now dissolve both treaties; and would seek his right by such means as God should open to him.

Duke desired consideration of the present state of the business. His Majesty takes this for a public declaration. Hoped we would not now look for any more public or manifest declaration. We, in our petition, had expressed that these treaties were dissolved. The manifesto not to be published until just occasion for. Until impeached from Spain. The King had granted divers commissions to treat with his ancient allies: Low Countries, Venice, France and Denmark. Further, was appointing a Council of War to manage this great business. Imparted to them certain advertisements from Ireland and Brussels. From Ireland, represented the state of that kingdom. If not a present supply, would run a great hazard. Deputy discredited: had taken up money [f. 150] that he could not repay; the forts out of repair, £5,000. Mentions that he had written many letters but not answered. Prince said one lord undertook to answer them. Some of our House knew what lord. Desired a speedy care of that kingdom. Judges certified.

From Brussels, notice of the good agreement between the King and his people in Parliament and of the advice given; but the King of Spain's ministers not daunted with it. Had men and money enough. In those parts a regiment of Irish trained soldiers. Order taken to send them over with many other.

Delivered one thing without commission. Order given to the King's learned counsel to take into their hands a pardon. The King's pleasure was they should consider of the present necessity of the subject to content the subject in regard of the large contributions, which he takes as given to himself.

[House adjourned]

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

[p. 249]

Saturni, 17 Aprilis 1624

2. L. Bill versus paimente de dismes pur tinne et leade.

Sur question, committe, touts davoir voices.

2. L. Bill pur regulatinge fees in cities, borowes et villes corporate.

Sur question, committee, touts davoir voices.

MR. [ROBERT] BERKELEY reports le bill d'exportacion de wooll, wollen yarne, woollfells, fuller's earthe and fuller's claie.

Sur debate le Huise, sur question pur recommittmente, divide et sur message relinquished.

1. L. Bill pur vicomtes lour heires etc. aiant quietus est serat discharged.

1. L. Bill pur merds de bastard infants de suffer mort come murderers si ne soit prooffe deste nee mort.

Message del seignours par Sir John, baron [of the Exchequer,] Denham, et [Sir Edward] Salter pur present conference touchant declaracion del breech del treaties.

[Blank]

2. L. Bill pur relleiffe de creditors versus persons giste en executon sans satisffaction really [given].

Sur question, committe. Tusedaye [sic] in [court de] gards.

Peticion pur le Fleete.

Sur question, committe. Et par quil autoritie ils wander.

SIR EDWIN SANDYS fait reporte del conference sur letre le Roy: le dispache gone to Spaine and neere there. In no history never founde that ever kinge refused the united advise of all his people in Parliamente.

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

[f. 136v]

Saturday, 17th of April

An act to make it felony to transport wools without benefit of clergy, and the ship to be forfeited if it be with the consent of the master or owner.

Berwick men excepted against it for that they had no English market within 16 miles, and in Scotland markets within 5 or 6 miles, their chief commodity being sheep; besides Scotland was not so restrained but left at liberty.

SIR EDWIN SANDYS answered we must not hinder so public a bill for one town, and under colour thereof they might by such a backdoor transport all the wools of the north.

When it was moved to make it felony to transport wools or [f. 137] fuller's earth out of his Majesty's dominions, SIR DUDLEY DIGGES answered that cannot be, for then you must not carry from one port to another. So the bill was made "out of England". And to the objection that the owner should not forfeit his ship for the master's fault, he answered that thereby it was propounded that the owners would get sufficient and honest masters, wherein they are too negligent; and, said he, if my sword, horse or cart should kill a man, they should be forfeited.

The SPEAKER offering to put this part of the bill to the question, SIR ROBERT PHELIPS answered that a question must not be put upon part of the bill, but the question must be to have the whole committed; and so the whole was put to the question for engrossing.

Baron [of the Exchequer Sir John] Denham and Sir Edward Salter came to desire a present conference in the Painted Chamber concerning the breach of the treaties.

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

[f. 160v]

Saturday, 17⁰ Aprilis 1624

An act concerning fees to be taken in any cities, boroughs or towns corporate. 2. L., committed and all that will come are to have voice, to be sit [sic] on Wednesday next in the Court of Wards.

Message from the Lords signifying that the Lords being desirous to continue correspondency with this House, desire a present conference between the old committees of both House[s], if it will stand with the conveniency of this House, concerning the breach of the two treaties with Spain.

Our answer that we will meet as is desired.

Ordered that one Mr. Bruart [sic], who has a patent to transport fuller's earth which is in his own land, shall attend the committee of trade with his patent. And that the mayor of Rochester, who has for the repair of the bridge there imposed 2d. on every crayer that passes under it, shall attend the committee of grievances.

An act concerning the ancient revenue of the crown concerning seacoal sold in Newcastle-upon-Tyne. 1. L. By this, 2d. on a chaldron [f. 161] of seacoal is to be paid by all strangers according to ancient custom.

An act that sheriffs, their heirs, executors and administrators, having their quietus est shall be discharged of all suits. 1. L. By this shrieves shall not be troubled after they have upon their accounts made their quietus est, shall not be troubled for any moneys. r. p.

An act to prevent the destroying and murdering of bastard children. 1. L. r. p.

An act for relief of creditors against such persons as die in executions. 2. L., committed. r. p.

A note of the extortions imposed by the warden of the Fleet. That he takes 10s., 15s. and 20s. a week for a chamber, where by the custom of that house he should not have above 2s. per week; that he takes 6d. a week for a pair of sheets; that he raises his revenue thereof to near £4,000 per annum where £1,000 per annum is enough; that he sells beer in his house at 1d. for a winequart, and extorts a halfpenny [f]or a faggot more than they are bought for in other places; and he has 8d. a day for such as go abroad to do their businesses.

Ordered that a committee shall [f. 161v] take consideration of these complaints of exactions and by what authority he gives warrant for prisoners to go abroad at their pleasure.

SIR EDWIN SANDYS'S report from the conference. That there was a letter read from the King written to the King of Spain. That this letter, as the Duke of Buckingham said, was by this [time] near Spain. The effect of the letter is that our King signified to Sir Walter Aston, his Majesty's ambassador there, that having seen the King of Spain's late dispatch to his ambassador here, which gave our King little satisfaction, the content of it being obscure and doubtful, and his Majesty treating with the Spanish ambassadors here to have that letter cleared could yet have no satisfaction therein, our King said that his Majesty had long rested on an expectation of the performance of the King [of] Spain's promises for the quiet restitution of the Palatinate, on the Palsgrave's submission. That our King's ministers at the treaty thereabouts found nothing but impertinent and frivolous exceptions, and that the Emperor with the consent of [the] King of Spain and in his ministers' presence did proceed in all hostile manner and divided the Palatinate and makes unreasonable new propositions concerning the Palsgrave's son. That our King being thus delayed and deferred, our King did first advise with his Privy Council and after of the council of his whole realm, which advised his Majesty to dissolve both treaties, which advice [f. 162] of Parliament he said he never heard nor read was by any king refused. That the King said he would therefore for the recovery of the Palatinate take such course as it should please God to direct him, wherein his Majesty said he did hope he should find no hand so unjust as to oppose him. That we may not expect any other declaration of the dissolution of the 2 treaties until his Majesty heard from the King of Spain that he did justify his proceedings and lay blame on our King for the dissolution of those treaties. [Blank]

That the Duke of Buckingham further said that his Majesty, for the recovery of the Palatinate, has granted diverse commissions to treat with the Low Countrymen, the King of France, the state of Venice and the King of Denmark, which commissions are in a good forwardness.

That the Duke did also deliver the effect of letters from the Lord Deputy of Ireland, wherein the Deputy said that he was much discountenanced by having his letters and relations of the business of Ireland slighted and not regarded and was discredited for taking up of money for the good of the kingdom, which he was no way able to repay nor further to supply the necessities of that kingdom. That the forts and ports of Ireland are [f. 162v] much decayed and unfurnished of munitions and provisions, but not so bad but that £5,000 would give a good remedy to it. That the Deputy said he sent divers letters to the lords of the Council, which he said were so far from being answered that he cannot hear they were ever read. To which the Prince said that there was a great man (whom some of our House can nominate) that did undertake to answer all letters which concerned the kingdom of Ireland, and therefore he would excuse the Council Board of any fault or neglect therein. That the judges being returned from the circuit in Ireland, they said that they liked not the faces, words nor carriage of the men in that kingdom, intimating that all tended there to tumults. And the Deputy signified that if there were not a speedy supply sent into Ireland of men, money and munition there could not be expected but some ill news shortly from thence.

That Mr. [William] Trumbull signified by letter to Mr. Secretary Calvert that on the news of our advice to the King to dissolve both treaties, the people there did rejoice, and that there was there order given for strengthening of the regiment of Irish in the Archduchess's country, and that there is [f. 163] preparations to transport them into Ireland where the King of Spain seems to be confident of a great party. [Blank]

That the King has given order for the preparation of the pardon that was the last convention prepared, and with some additions.

See in the cover of this book the debate concerning customers' fees upon Saturday at a committee which was to consider of a bill for that purpose.

[f. 126v] Saturday, 17⁰ Aprilis 1624, [committee for the bill for customers' fees]

11 H. 6, cap. 15, no customer nor comptroller shall have any fee of the merchant. 4 H. 3, cap. 34 [sic], searcher shall take no fee but what shall be ordained by the king.

The counsel who are for the customers and all other the officers of the customs say that the king, out of his grace, does allow the merchants where the custom does amount to £100 due to his Majesty for all goods and merchandises imported that are sold by weights and measures £5, does allow the merchants for the cloths exported a wrapper which is one cloth of every ten cloths; for leakage the merchants are allowed one pipe for ten.

The counsel says that the king did give all these allowances out of his Majesty's grace for to have the merchants pay certain fees (over and above his Majesty's fee) to the king's officers according to their several patents. Quod tibi non vis alteri ne feceris.

The merchants say that all the graces allowed by the King (excepting only 5 per cent of the impost paid for goods imported that are sold by weights and measures) were anciently allowed by the kings of these realms for the encouragement of merchants. The merchants say further that the allowance of 5 per cent out of the impost of all goods imported that are weighed or measured was only that the merchants should conform themselves to have all such their goods weighed and measured.

[f. 126] £5,000 per annum wrapper and leakage.

V. DIARY OF SIR THOMAS HOLLAND, BODL., MS RAWL. D1,100

[f. 37]

17 April, Saturday

An act to enable Sir John Ryve of Dorset to reverse a decree.

An act to restrain the worsted weavers.

[MR. WILLIAM] CAGE moves that the second reading may be in a full House because it consists upon the undoing of diverse shires, and this have had a hearing at the Council table.

Order. It is ordered that the com[b]ers' bill shall not have a second reading until nine of the clock.

Second read, committed, Wednesday, [Court of] Wards. An act for the advancement of the trade of dornic weavers and better reformation of the abuses.

Monday, [Court of] Wards, second read, committed, all [to have] voices. An act concerning the tithe and tenth of lead ore and ore mine dug and gotten to be dug and gotten in the High Peak in Derbyshire.

[f. 37v] Second read, committed, all [to have] voices, Wednesday, [Court of] Wards. An act concerning fees and duties to be taken in cities and boroughs and corporate towns, and tables to be set up of them.

[MR. ROBERT] BERKELEY'S report, the bill of exporting wool and fuller's earth, fulling clay, woolfells, woollen yarn, and morlings and shorlings.

The question being put after long debate whether the owner of the ship shall forfeit his ship if the master of the ship shall transport wool, it could not be decided, and therefore the yeas should have gone out, but upon a motion the no[es] relented and so it was not divided.

Message from the Lords, which is that the Lords, desirous to continue correspondency with us, desire that if it may stand with the conveniency of the House that that former committee may meet in the Painted Chamber about the [f. 38] breach of the treaties of the match and the Palatinate.

It is ordered that the committee of 48 shall all give a meeting as is desired. A committee appointed.

[SIR EDWIN] SANDYS'S report. The conference with the Lords was, first, a letter of his Majesty to Sir Walter Aston, the notes thereof delivered by the Duke, that whereas formerly there was a dispatch of the dissolving the treaty, now he should inform the view of that dispatch, wherein was signified, having seen the King of Spain's dispatch to his ambassador that he should address to his Majesty, which was obscure, dealt with the ambassador for a freer declaration, but finding nothing better our King declared that he had rested upon the restitution of the Palatinate. He withdrew his son-in-law from pursuing it by arms, though he then heard it must be gained by arms; [f. 38v] while these things were in treaty, the Emperor took away his garrison towns, conferred the Electorate upon Bavaria and the Bergstraat upon the Archbishop of Mainz. Then the King repaired to the King of Spain again, who did then propound unreasonable conditions by sending the Palsgrave's eldest son to the Emperor's court to be brought up. After he [?saw] all these delays, our King certified his ambassador that he should declare [blank]. That he would seek such means as pleased and to open, which he hoped none would oppose; if he did, it should be from those who he had better deserved of.

Then to the expression of our [f. 39] petition for our taking notice of the dissolving of the treaties as for the manifestation [blank]. For the recovery of [blank], a commission to treat with the Low Countries, from whom they had received some propositions which the commissioners were answering. Another commission to the state of Venice, Savoy, Denmark.

From Ireland, a letter from the Deputy that men, money and munitions, or it would be in great hazard. The Deputy was discouraged, for the army weak for the number and quality. Then for not having letters answered from the Council, the Prince [f. 39v] to clear [blank]. The judges said they did not like the face of men, carriage or fashion; signified tumultuous.

From [William] Trumbull in the Low Countries, the notice there of the good agreement of the King and his people, and his acceptance of the Parliament's advice. The contrary part was not sorry of it, for they said they had men and money; and there is a company of Irishmen who is said shall be sent into Ireland, which is dangerous. Lastly, that there is an order given to the learned counsel for the expediting the pardon and would it [f. 40] should have added to that which came the last Parliament what might be put in, for his Majesty did accept of the money given as if it had been given to himself.

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

[f. 69]

April 17, 1624

After 2 private bills, 1 for Sir John Ryves, the second touching the making of worsteds in Norwich, was read an act for advantage of the trade of dornic weavers, whereby:

• 1. They were incorporated.
• 2. None were to use the trade but after 7 years' apprenticeship.
• 3. Power to choose wardens.
• 4. Direction for the view of all dornic.
• 5. A penalty of £5 for such as are faulty.
• 6. Power to enter houses and search; upon denial of entry penalty of 40s.
• 7. That there should be no saving in harvest.
• 8. The penalties divided between the wardens and the poor.

An act for the discharge of tithes demanded out of the mines of lead in Derbyshire, committed.

An act to prevent the exaction of excessive fees imposed for wharfage, etc., in towns corporate. No fees to be taken for wharfage, etc., but such as have been accustomed ever since 30 Eliz. or lawfully imposed, and a table to be set up within 40 days after the Parliament in every town corporate or borough expressing the certainty of those fees, with a penalty of £5 a month for default of such table.

It was moved, first, that it might extend to all other fees; second, that costs in suit might be repaid; third, that the bill might extend to quays new erected.

And the bill committed.

MR. [ROBERT] BERKELEY. The bill against the exporting of wool and fuller's earth, to which was added:

• 1. Woolfells of morlings and shorlings, and yarn made of wool.
• 2. A clause extending the law to exportation into Scotland, though it were excepted against and counsel desired to be heard.
• 3. A power to seize any wool either shipped or laid upon the shore to be transported, but the party disabled to be a witness upon the indictment that should seize.
• 4. Confiscation of the ship or hulk wherein any such wool shall be transported.
• 5. The allowance for Jersey and Guernsey enlarged from 800 to 900 [tod], and apportioned 500 for Jersey and 400 for Guernsey.
• 6. Because the acts made in England are not of force in those islands, being anciently members of Normandy, it was provided that no man should transport any without the governor's licence, who should take bonds of the parties not to exceed the proportion contained in their licence; and if the governor should give warrant for more than 900 tod, he was to forfeit £20 for every tod.
• 7. The fees were limited for every such licence xiid., with a penalty of xs. for every xiid. taken above that sum.

[f. 69v] The exceptions taken upon this report were these:

• 1. To the clause concerning Scotland, that it would be a great decay to all the markets upon the borders if they could not sell a sheep without danger of felony. But the inconvenience was pressed by MR. COMPTROLLER, if Scotland should be left open, there being now a staple in Zealand, for the wool of Scotland which, though it be brought from them, is much of it English wool.
• 2. That the penalty was too great of £20 a tod upon the governor and the proportion of the allowance of 400 tod too little for Guernsey. But SIR JOHN SAVILE upheld both to be reasonable. Yet the committee would rather have laid the care of the licences upon the bailiff and curats [sic] if they might have been liable to the forfeiture. And he desired it might be expressed that they should carry only kempt wool; for if they were allowed fleece wool, it would amount to 1,300 tod.
• 3. The forfeiture of the ship too strait [sic]. It might be taken in without the owner's fault, and the masters often have no interest. This danger will grow to the decay of trade and shipping.

This objection bred some debate. It was endeavoured to be answered two ways, by allegation of reasons, by propounding a way for prevention of the mischief objected. The reasons were these:

• 1. That otherwise there would be no indifferency, for the exception was taken only to the forfeiture of the ships of his Majesty's subjects, being yielded to extend to French and Dutch ships.
• 2. That the like forfeiture was inflicted in the bill against transportation of corn, in which case there are the like inconveniences.
• 3. That it was agreeable to the course of the common law in other cases; if there be a lease for years and a stranger pulls down houses, the lessee forfeits because he might provide for it; if one kill a man with another man's sword, the sword is forfeited; if a man let a ship and that ship turn pirate, the ship is forfeited, and the rule is respondere superiori.

The way propounded for prevention of the mischief was for the owners to take security of the masters not to transport any wool.

But to these was replied that piracy and murder were mala per se and so originally subject to the penalty of confiscation. That for the most part masters were unable to give security; and such as were able, by committing this offence, should forfeit all their estates so that nothing would be left to satisfy the owners.

One other new exception was taken by SIR DUDLEY DIGGES, that if the words went generally against transporting of wool it would restrain the carrying of it from one port to another, which was not intended. Therefore, it were good to add these words, "out of his Majesty's dominions".

Upon these doubts the House inclined to recommit the bill, but because divers points had been agreed upon in the House it was propounded that only the matters in question might be recommitted, but it was ruled that a bill could not be recommitted in part.

[f. 70] It was thereupon put to the question and the voices seemed to be equal; but because word was brought that a message attended from the Lords, that it might not be interrupted by dividing the House, those on the negative yielded, and so the bill was recommitted.

The message was to desire a conference with the committee concerning the treaty with Spain.

A complaint was tendered against the mayor of Rochester for imposing 2d. upon every boat that passed the bridge.

It was desired that whereas by a private act concerning Lincoln that town was made a staple town and liberty given to bring there 10,000 tod of wool yearly, that this liberty might be taken away because a new river was now cut to that town, by the opportunity whereof it was to be doubted a great part of that wool would be conveyed beyond sea.

An act concerning a duty of 2d. a chaldron due to his Majesty out of seacoal transported from Newcastle.

Divers northern men were jealous of this bill and therefore it was ordered not to be read the 2nd time until after 9 o'clock.

An act that sheriffs, their heirs, executors and administrators, having a quietus est, shall be absolutely discharged of their accounts.

An act to prevent the destroying and murdering of bastard children. If any woman be delivered of any issue which by the law of the realm should have been a bastard if it had lived, and she endeavour to conceal the death of such issue, it is made felony unless the woman prove by one witness at least that such child was born dead.

An act for relief of creditors against such persons as die in execution. The law, reciting the doubt formerly made whether the creditor were concluded or no, does declare and enact that the debtor dying in execution, the creditor may have new process of execution against his good[s and] lands, with a proviso for such lands as were in his lifetime sold bona fide for the payment of his debts, and the money accordingly paid or secured. This bill was committed.

A petition was preferred on behalf of the prisoners of the Fleet.

SIR EDWIN SANDYS reported the conference with the Lords, wherein the Duke of Buckingham declared that whereas he had heretofore told us that he had seen a dispatch into Spain concerning the dissolution of the treaties, it was now gone and very near there, being sent in a letter to Sir Walter Aston, for my [f. 70v] Lord of Bristol was conceived to be on his way homeward. The effect of which letter was this. That his Majesty, having seen a dispatch from the King of Spain in January last, wherein he received small satisfaction because it contained matter neither clear nor certain, had treated with the Spanish ambassador to have made it more plain, but being still left in suspense and referred only to the paper, he fell into consideration of the state of his affairs both concerning the alliance and the Palatinate. And finding that he had long rested in expectation of a restitution upon his son-in-law's submission, in attendance whereof he had withheld himself and his allies from prosecuting the recovery of his inheritance by arms, and that upon his often pressing the Emperor, that King and their ministers to come to a resolution, he found nothing but delay and impertinent exceptions to his commissions, the imperial forces still proceeding during the treaty, his garrisons enforced, the Electorate translated, the Bergstraat delivered to the Archbishop of Mainz, interpreting these delays to [sic] the Emperor as a denial, he at last urged the King of Spain with his promise to join with him in arms for the recovery of his children's inheritance, by whose answer he perceived that they still insisted upon these unreasonable terms:

• 1. That the young Prince, his grandchild, might be brought up in the Emperor's court.
• 2. To give no assurance of assisting him with arms in case the Emperor should not be brought to reason.

Wherefore his Majesty had first resorted to his Council, whose advice was that he should not rest upon such generals unless they might be reduced to some particulars. Then he resorted to his people assembled in Parliament and had received the resolution and advice of both Houses to dissolve both the treaties. And because he could not find that ever any king of this realm had refused the united advice of his subjects in Parliament, he did command him to signify to that King that his Majesty did discharge and dissolve both those treaties and would prosecute his right by such means as God should give, wherein he did hope to find none of his allies to oppose him, but if he did, it should be such from whom he had deserved better.

The Duke added that his Majesty had done that which was his part to do and hoped that we would look for none other declaration, and the ground of his hope was that in our petition concerning recusants we did acknowledge the treaties to be dissolved. As for the manifest which was spoken of, it must contain matter in the knowledge of some men that were now absent, and was intended only for the defence of this proceeding to dissolve the treaties, if it should be impeached. That his Majesty had already signified divers commissions to his allies, the Low Countries, state of Venice, France and Denmark, and had appointed a Council of War. His Grace further imparted divers advertisements received from the Deputy of Ireland and the ambassadors at Brussels.

The Deputy's letter, for disguisement, was written in the name of a third person, wherein he did represent unto his Majesty the state of that kingdom, without speedy supply of men and money in danger to be lost, complained of some discountenance [f. 71] done to him and discredit, in that he had taken up money for public uses which was not repaid here. That the forts were so decayed that they would not be repaired for £5,000. The army in ill case, not only for men in respect of their multitude but likewise of their quality. That having written letters to the Council for redress, he was so far from receiving answer that they were never read. Concerning this point, the Prince and himself interposed the defence of the Council, and that a Lord of their House had taken upon himself the business. Therefore, he did desire that special care might be had of that kingdom, for the judges at their last return from the circuit reported that they did not like the faces, carriage nor speeches of the people, all tending to tumult.

From Mr. [William] Trumbull, his Majesty's agent at Brussels, that they took notice there of the good agreement between his Majesty and his subjects in Parliament and of the King's good acceptance of the advice but they made no account of it, saying they had men and money in readiness and that they knew we wanted both. That in those parts there was a regiment of the Irish which [was] the flower of their army, being all old, brave soldiers; these were ordered presently to be sent into Ireland, not alone but attended with other supplies.

The last point mentioned by the Duke, that he had by the King's command given order to his Majesty's learned counsel to make ready the pardon, not only according to former precedents but with such enlargements as, considering the present state of the subjects, might be of much advantage to them.

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

[f. 147v]

Saturday, 17th of April

Bill, [blank] dornic, 2nd read.

Bill concerning the tithe of lead mines in Derbyshire, second read, committed.

Bill concerning new fees, etc., in port towns, second read, committed.

MR. [ROBERT] BERKELEY'S report of the bill against transportation of wool.

The Lords desire a conference by committee formerly appointed touching the breach of the treaties, if any doubt should arise.

Agreed unto.

At the conference

The Duke of Buckingham. That whereas he had certified us that he had seen the dispatch into Spain touching the dissolution of the treaties, now it was sent away. The effect of it was the King signified to Sir Walter Aston, the ambassador (the Earl of Bristol being sent for away), that having seen the King [f. 148] of Spain's answer of January last, the King receiving little satisfaction, it remaining unclear, he pressed the ambassador to clear it; but finding delay, willed him to signify to the King of Spain that he had long expected according to, etc., the restitution of the Palatinate, that he had restrained his son-in-law from, etc., by force of arms, though he had been pressed, etc. That the King having pressed, etc., found impertinent exceptions to commissions, the Emperor took away that part of the Palatinate that remained, delivered the Bergstraat to the Bishop of Mainz. The King pressed the King of Spain to his promise, he receives from him strange conditions:

• 1. Prince Palatine's son must be bred with the Emperor.

That the King had recourse, first, to his Privy Council, and had the advice of his whole realm. In conclusion, he certifies the ambassador of this advice, and of his accepting of it. Therefore, he did discharge both the treaties, and meant to seek his right by such ways as God should open.

The Duke of Buckingham said he hoped we would not conceive we were to expect any further declaration. Some to be added to the committee. [f. 148v] The manifest must be when his action is impeached by Spain. The King had granted several commissions to treat with the Low Countries, France, Venice, Savoy, Denmark, etc. A Council of War appointed. He imparted some advertisements out of Ireland from the Deputy representing the state of that kingdom and the great hazard. He complained of being discountenanced and discredited by failing payment. The ports decayed would ask £5,000, the army weak, no fit supply there. He complained of not reading his letters at the Council table, for one of the lords of the Council had undertaken to answer all his letters.

A[d]vertisements from Mr. [William] Trumbull. They there had advertisement of the good agreement between King and Parliament, and of the resolutions. They were not afraid, they had money and hearts. It is resolved there to send over the regiment of Irish into Ireland, and other commanders, etc.

The Duke of Buckingham added that order was given to the King's learned counsel to consider of the pardon and to give the best satisfaction in regard of the readiness he found, which he took as well as if it had been given to himself.

[f. 149] Bill concerning the imposition of 2d. per chaldron upon Newcastle coal.

Bill for discharge of sheriffs that have their quietus est.

Bill to prevent the murdering of bastard children.

Bill for relief of creditors against debtors dying in execution, second read, committed.

A petition of the prisoners of the Fleet. A compla[i]nt. A committee appointed.

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

[f. 105]

April 17⁰, Saturday

An act about dornic weavers read the 2nd time and committed.

An act about the tithes due upon lead ore and lead mine in the hundred of the High Peak in Derbyshire. They desired to pay none. 2nd time read, and committed.

An act concerning the rectifying of fees in cities, boroughs and towns corporate, a table of them to be hanged up openly under pain of £5 a month and to be as they were Elizabeth 30.

Great dispute upon the bill against exportation of wool, woolfells, etc. 500 tod allowed to Jersey, as much to them of Guernsey. These two isles strove for priority [f. 105v] in the naming (as Cambridge and Oxford). The town of Berwick complained that they were restrained by this bill of their Scots markets, which were much nearer than the English, because their butchers carried their sheep alive, because else they would say the mutton was stolen if it came without the skin, and so it could not be sold. Now to export the skin was felony by this law. The House was tender to give them any liberty because that was found the backdoor to vent our wools into the Low Countries. The bill was recommitted and permission given to the butchers to transport and sell the skins at the market where they sold the carcasses.

A message from the Lords for those committees to meet presently who had been formerly nominated upon the dissolutions of the treaties with Spain.

The House stood divided upon the former debate, but one part proceeded upon this message.

Brewer appointed to attend, who engrosses into his hands the ground where the fuller's earth is. The clothiers of Suffolk complain against him.

An act about the seacoal of Newcastle. 2d. upon a chaldron to the king since Henrici 5, 9⁰.

An act for sheriffs having their quietus est to be discharged of their account.

An act to prevent the destroying and murdering of bastard children unless the mother can prove it was born dead; if it miscarry, she is to answer it as a felon.

An act for relief of creditors against such persons as die in execution.

A petition from the prisoners of the Fleet against the warden for fees and other abuses. A committee granted to consider of him and them.

A report from the conference with the Lords, how his Majesty had sent his dispatch to Sir Walter Aston for the dissolution of the treaties with the King of Spain. Upon our recapitulation of what had passed between the 2 Kings, his Majesty had advised with his Council, after that with his Parliament; none dissenting, they advised him to treat no longer, and it could not be found in any record that a king of England ever refused the joint advice of his 2 Houses of Parliament. Wherefore he should declare to [f. 106] that King that his Majesty would treat no longer with him but let him know he was resolved to gain the Palatinate by such means as God should open to him, and he hoped he should find no hand against him but such as were unjust and of whom he had deserved better.

Upon this, said the reporter, the Duke of Buckingham told them there was no further need of any public manifestation unless his Majesty's actions were impeached by the King of Spain, and then he would publish it. That there were commissions out to treat with the Low Countries, with France, with Venice, with Denmark, and that his Majesty was erecting a Council of War. Also he imparted advertisement from the Deputy of Ireland, who represents the state of that kingdom to be in hazard and all tending to a tumult. Also from Brussels, that the King of Spain slights the agreement of the King and his people, and are minded to send the Irish regiment over into Ireland to raise a combustion.