18th March 1624

THURSDAY, 18 MARCH 1624

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

[CJ 739; f. 63]

Jovis, 18 Martii

L. 1. An act for the better and more speedier payment of debts from men imprisoned and for release and discharging of prisoners.

L. [blank]. An/

[f. 63v] L. 1. An act for preventing unnecessary suits about precedence between citizens and burgesses.

L. 1. An act to avoid exactions of customers, comptrollers, searchers.

SIR JAMES PERROT gives account of the communicants. First day, last of February, 439 received; since, at several days, 20; only 12 to receive.

Serjeant says told him (Mr. Thomas Trussell) that Sir Thomas Gerrard in Ely House with the Spanish ambassador.

Ordered, that Mr. Trussell shall be here on Saturday.

The bill for Sir Thomas Gerrard to be brought in on Monday morning by the former committee.

MR. [JOHN] SELDEN reports for the bill of Wales. Have searched the records, have looked upon the Roll. That as imperfect as the printed book, but the bill that passed rectifies it. "That" but once, and in the first place. Another difference/

The bill, upon question, passed for a law.

L. 2. An act for hospitals.

Committed to:

Presently, Committee Chamber.

[f. 64] SIR EDWARD COKE reports the bill of concealments. The amendments twice read. A proviso for Sir Robert Hitcham.

MR. [JOHN] WHISTLER. Suppose the King had made an estate in tail 60 years ago, here no reversion nor remainder. The subject provided for, but not the King.

MR. SOLICITOR, accordant. To have it recommitted and he will attend.

SIR ROBERT PHELIPS. Not to have this proviso pass with the bill but to have Sir Robert Hitcham pass a bill for that particular.

The bill, upon question, recommitted, Saturday, 7 o'clock, morning, Court of Wards.

MR. RECORDER reports the bill of hospitals. Have added some words.

These amendments, upon question, to be added.

L. 3. Hospitals.

Upon question, passed for a law.

L. 3. An act concerning the purveyance and taking of horses, cars, carts and carriages.

Upon question, passed for a law.

[f. 64v] A message from the Lords by Sir William Byrd and Sir Charles Caesar: the Lords have sent 5 bills [which] passed their House.

The [under-]sheriff of Cambridgeshire brought to the bar, made his submission upon his knees. Confesses he has committed an error, is very sorry for it and craves pardon.

Discharged, paying his fees and making his submission and acknowledgment likewise in the country at the open quarter sessions.

SIR PETER HEYMAN desires to have it explained whether his sentence shall take off that action of 100 against the high sheriff.

Resolved, not.

MR. [JOHN] GLANVILLE reports from the committee of privileges:

• 1. Whether 2 men have voices.
• 2. Whether Mr. [John] Finch duly elected.
• 3. Whether Paul Wymond have offended.
• 4. The punishment.

• [1.] Winchelsea an incorporation. Mayor, jurats and freemen: now 8 with the mayor; freemen 11. Agreed, they ought to elect. They met at the common hall. A question, whether 2 Tildens ought to have voice, because non-resident in the town: one, 5 months; another, 6. A decree made that whosoever should not dwell there within 3 months should lose his voice. Mayor proceeded not until these 2 withdrawn. Before they went, said they gave their voice for Sir Alexander Temple. When they were gone, 16 present. Then the precept read and the mayor and 7 of those gave voice one way. Other 8 gave another way, for Temple. Upon this, a new question: whether by custom of that place, the mayor, upon equality of voices, could carry the election.

             [f. 65] Urged by Mr. [John] Finch's counsel that he ought to have it. But, upon debate, the committee not satisfied. Not appeared the mayor had any such privilege, rather the contrary. No example for it. Some consenting afterward, they conceived the mayor had cast, and therefore overruled that Mr. [John] Finch chosen; and, putting hands to indenture after, no assent but in assembly. The committee resolved that these Tildens, excluded, ought to have voices. Reasons: this decree could not alter the law. Second reason: found these Tildens exercised the quality of freemen; had empty houses in the town. Mayor himself had been out of the town 2 year[s], yet served as mayor. Had their share in [CJ 740] common profits and never questioned until now. Proved by witness, that the custom of the ports that they must be absent a year and [a] day.

• 2. No good election of Mr. [John] Finch because these men excluded unjustly. Yet they likewise conceived that [Sir] Alexander Temple not duly elected because those men gave not their voice at the time of the election. And therefore, a new writ.
• 3. The misdemeanour of the mayor. Agreed, he had committed a contempt against this House in hindering a due election:
•     1. Gave not sufficient warning, but overnight, when the election to be next morning.
•     2. He gave warning generally; no man knew wherefore he came.
•     3. Would not disclose the cause of their meeting.
•     4. He did threaten one to disfranchise him and he confessed he had cause to do so.
•     5. Scandalized Sir Alexander Temple, saying he was allied to the arch-papist of this kingdom, [the Earl of] Clanricarde. This utterly false.
• [4.] Lastly, for punishment, they propound that this man as worthy of punishment as the [under-]sheriff of Cambridgeshire. To be committed to the Serjeant and then to make his submission in this House and then afterwards in the country.

[f. 65v] Resolved, upon question, that this election of Mr. [John] Finch is not good, and that a new writ shall issue forth for a new election.

Resolved, upon question, that the mayor of Winchelsea has committed a contempt and misdemeanour against this House and shall therefore stand committed to the Serjeant until Saturday morning; and then, making his submission here at the bar, to be discharged from any further punishment here but to make his acknowledgement in the town before the new election.

Resolved, upon question, Paul Wymond shall be called in and heard before sentence.

Called in and brought to the bar, and kneeled.

Demanded what he could say for himself, MR. SPEAKER gave him his charge.

Concerning the [illegible], the words he spoke upon report. He is sorry for it, that he has offended so honourable a person. For Sir Alexander Temple, knew him not before but only by report. For the warning, as it used to be. All therefore present. Their custom never to declare the cause of their meeting until come in open court. Sorry he has offended.

Resolved, upon question, that the 2 Tildens ought to have voice in the election.

The mayor brought to the bar again and MR. SPEAKER pronounced his sentence upon him.

[House adjourned]

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

[p. 211]

Jovis, 18 Martii 1623

1. L. Bill pur releiffe de pouer dettors in prison.

1. L. Bill pur inabler le master del rolls et ses sucessors pur fair leases de huises in Chancery Lane et Fetter Lane pur 21 ans ou meins.

1. L. Bill pur preventinge inconveniencye in precedencye in suites in villes corporate et citties.

Sur long debate, et question bis propounde, resolved deste reteigne.

1. L. Bill pur avoyder exactions et extorcons in customers, controllers et officers pur customes.

439 receave le comunion le 1er jour; 20 sythence; 12 nient receave. SIR JAMES PERROT deliver les nosmes in le Huise.

Bill de praemunire versus Sir Thomas Gerrard to be broughte in upon Mondaye nexte.

3. L. [MR. JOHN] SELDEN reporte l'alteracions sur le bill [pur Gales]. Differs del Rolle et statutes printed, et l'amendments lie, and sur question, passe pur ley.

3. L. Bill pur renuinge 39 Eliz. pur erection de hospitalles et huises d'exeracion pur le poore.

Sur question, recommitte; et reporte, et sur question, passe pur ley.

Bill pur le generall quiete de touts les subjectes versus touts manner de concealments report par SIR EDWARD COKE.

• 1. Le Roy ne avair mes lou ad possesson ou recu les profets deins 60 ans.
• 3. [sic] Bon versus pattentees que nont judgment order our verdicte.

Sure queston, recommittee, Sabbatti, gards.

[p. 212] Par bon opinion l'amendments sont deste retorne in paper in regarde le bill vient del seignours originallye, mes si bill vae de nous originallye et soit retorne al nous et amende sera retorne del amendments in parchment ove copy amendments les Commons ont assentus endorse.

3. L. Bill versus preste de chivalls, carts et cariages.

Sur question, pass pur ley.

Message del seignours ove 5 bills:

• 1. Bill pur faire ryver [Thames] navigable [Burcot] al Oxford.
• 2. Pur [Sir] Richard Lumley de vender terres pur paimente.
• 3. Decree in Chancery de confirmer cest.
• 4. Confirmacon d'exchange de terres al Prince.
• 5. Pur natualisinge Stewarts.

Le [souez-]vicomte de Cambridge fait submission et est accepte. Par cest le penaltie del statute sur le halt [souez-]vicomte nest dispence.

MR. [JOHN] GLANVILLE. Reporte Winchelsea.

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

[f. 102v]

Thursday, the 18th of March

Sir Charles Caesar and Sir William Byrd came of a message to bring down bills, viz.:

An act for making the Thames navigable from the village of Burcot to Oxford.

[f. 103] An act for naturalizing Sir Francis Stewart, Walter Stewart, James Maxwell, William Carr and [James] Levingston.

Upon the mayor of Winchelsea's aspersion that the Earl of Clanricarde was the arch-papist of the kingdom and had arms to furnish an army, which came upon this occasion, Sir Alexander Temple, standing for the burgess-ship, the mayor said he was near a kin to Clanricarde, who was as above said.

SIR THOMAS JERMYN said Clanricarde had most power to do it and did the least hurt.

The SPEAKER. At the battle of Kinsale, when Ireland was at stake, he and Sir Richard Wingfield gave one another the honour to be the first that broke in among the enemies and broke their ranks.

SIR ROBERT PHELIPS would not have the mayor punished for my Lord of Clanricarde, saying he had honour enough to have such a signification of his worth and merit made in this House.

IV. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1

[p. 70]

Thursday, 18th March

A bill to be drawn against Sir Thomas Gerrard for a praemunire, to be brought in on Monday, he being a member of this House and refusing to receive the communion and not at both oaths according [to] an order made upon the first sitting down of the Parliament.

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

[f. 34]

[18 March 1624]

The bill for ordering corporations for precedency retained.

The bill of Wales. Perfected and passed.

The bill of concealments. Recommitted, Saturday, seven o'clock.

The bill for reviving 39 [Eliz. c. 5] for hospitals, upon commitment in the chamber, amended. It came from the Lords. The amendments read twice. Then the bill read wholly, and passed, with these words written by the Clerk, a cest bill ovesque le amendments le Commons ont assentus. Le amendments: if it come from the Lords, their amendments may be put in paper, and the Lords, if they return it us, then the amendments to be put in parchment, and the words to be writ under the bill.

The bill of purveyance. Read and passed. Before passed, any may speak against it.

The election for [Mr.] John Finch ruled naught, for that he did not give convenient warning of 24 hours. Next, because he would not let two of the burgesses be present nor read their warrant nor go to the election of the burgesses. Next, the scandal of Sir Alexander Temple for religion, the competitor. Thereupon, the committee thought him worthy of like punishment as the [under-]sheriff of Cambridge[shire].

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

[f. 87v]

Thursday, 18⁰ Martii 1623

An act for preventing of unnecessary suits about precedency of citizens and burgesses. 1. L.

After much debate and opposition against this bill to have it cast out at the first reading, it was, by question, ordered it should be retained.

An act to avoid extortions and exactions of customers, controllers, collectors, searchers, waiters, clerks, their deputies or other officers of the Custom House. 1. L. Dormit Lords.

SIR JAMES PERROT reported that there received the communion the first day 439 of the members of this House, and at several other days there have communicated 20 others, and there are 12 that have not received the communion. Mr. [William] Noye, Mr. [Timothy] Levinge and other lawyers are named not to have yet received the communion and their friends have answered [f. 88] for them that they are in the circuit and that is the reason of their absence.

Some objections are made against such as presumed to go the circuit without the leave of this House, but nothing ensued nor was pressed against them.

It is ordered that the committee appointed to draw a bill against Sir Thomas Gerrard, whereby he is to be in a praemunire if he come not and do take the oaths of supremacy and allegiance, this bill is to be brought into the House Monday next.

An act for the reviving and making perpetual of an act made in 39 Eliz., entitled, An act for erecting of hospitals and abiding and working houses for the poor. 3. L. r. p. This bill came from the Lords and is now here passed our House with an amendment only of provision for such hospitals, etc., as have been erected since the expiration of the statute of 39 Eliz., which was to continue only for 20 years.

An act concerning the purveyance and taking of horses, carts and carriages, by land or by water, for his Majesty's service. 3. L. This bill is now at the third reading, passed our House. Dormit Lords.

Message from the Lords signifying that their Lordships have sent us 5 bills which they have passed. These are all private bills.

Edward Ingrey, under-sheriff of Cambridgeshire, does here on his knee acknowledge his fault concerning the election of the knights of the shire.

[f. 88v] MR. [JOHN] GLANVILLE reported from the committee of privileges touching Winchelsea. Questions: whether the two Tildens, jurats of that town, having been non-residents above 3 months before the election and at the time of the election, should have voices in the election or no. Then, whether the mayor had a casting voice or no when the number was even, as 7 and the mayor being one side, and 8 other [sic] of the other side. The misbehaviour of the mayor in not giving sufficient warning for the election nor in declaring the business for which the assembly was, and for scandalizing of the Earl of Clanricarde.

It is, by question, resolved that the election of Mr. John Finch is void and that a writ shall go for a new election, and that Paul Wymond, mayor, shall stand committed to the Serjeant until Saturday morning and then here acknowledge his fault and after to make the like public acknowledgement at Winchelsea before the new election, and that the two Tildens ought and shall have voice in the election.

At a committee for trade, 18⁰ Martii 1623

Sir Edwin Sandys in the chair.

Mr. [William] Nyell said that the subcommittee appointed to consider of the burden upon trade do find that there is paid for custom or impost on a cloth to the King 6s. 8d., and there is paid for the Lord of Cumberland's licence 2s. 0d., and for the imposition laid by the Merchant Adventurers and paid for the pretermitted customs and to other officers, 10s. 2d. So as there is paid upon every broad cloth in all for impositions 18s. 10d.

Sir Dudley Digges said that the fall of the rates of money in the Low Countries is [f. 89] a cause that our money is not so much exported, but the rates of money is not so much fallen as to make merchants bring it in for it is still at a higher rate beyond sea than here. That this was truly and fully debated by commissioners appointed by the King, who said that our expense of silks and superfluities was a principal cause of the want of money, for when merchants perceive that the importation of silk and toys will yield them a better return than the bring in of money, they will import such things; but of late the want of money has made that silks and superfluities are less expended here than it was wont to be, and that has made trade amend and grow better within these 2 years than it was of late.

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

[p. 121]

Thursday, the 18th of March

An act to relieve prisoners out of prison.

An act to enable the Master of Rolls to let part of the ground belonging to the house of the Rolls.

An act for avoiding suits for precedency between citizens and burgesses in corporations.

An act against fees of customers, searchers, etc.

The act for maisons de dieu and hospitals was passed.

There came from the Lords five bills:

To make the Thames navigable [from Burcot] to Oxford.

To enable Sir Richard Lumley to sell lands.

To naturalize Sir Francis Stewart and others.

An act for exchange of lands between the Prince and Sir Lewis Watson.

An act to confirm a decree between [Henry] Jernegan and his tenants.

The report is made by MR. [JOHN] GLANVILLE of the election at Winchelsea between John Finch, the Lady Maidstone's son, returned, and Sir Alexander Temple, complainant and not returned.

The election is judged void, a new one sent down. The mayor committed for 3 days to the Serjeant and enjoined here, and at home, to acknowledge his fault.

The under-sheriff of Cambridgeshire is discharged upon submission and ordered as aforesaid upon Tuesday last.

VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932

[f. 59v]

17 [sic] Martii, Thursday

First read. An act for the prisoners, for the speedier payment of debts and freeing their persons.

First read. An act to enable the Master of the Rolls and his successors, Master of the Rolls, to make leases of houses in Chancery Lane and Fetter Lane for xxi years, three lives or under.

First read. An act for preventing unnecessary suits for precedency by burgesses of corporations.

First read. An act to avoid extortions and exactions of customers, controllers, searchers, clerks and officers employed.

[SIR JAMES] PERROT. Communion: 439 received the first day, since 20, unreceived [sic] 12.

Second read. Committed. An act for making perpetual the erecting of hospitals and working houses for the poor, sent down from the Upper House.

Upon Monday, the bill of praemunire concerning Sir Thomas Gerrard.

A bill from the Lords, if amended, the amendments twice read twice [sic].

[SIR EDWARD] COKE reports the bill of concealments. An act for the general quiet of the subject against all manner of concealments whatsoever. Recommitted to the Court of Wards, Saturday 7 [o']clock.

Engrossed, passed this House. An act concerning the purveyance of taking horses, carts and carriages, by land or by water, for his Majesty's service.

A message from the Lords, Sir William Byrd, [Sir] Charles Caesar. 5 bills:

An act for making the/

To enable Sir Richard/

For confirmation of a decree in Chancery/

For confirmation/

For naturalizing Sir Francis Stewart, Walter Stewart, [f. 60] James Maxwell and James Levingston.

It is ordered that the election for Mr. [John] Finch to be void and that a new writ for a new election shall issue forth.

It is ordered that the mayor of Winchelsea shall be further committed until Saturday morning and to acknowledge his fault at Winchelsea before the new election.

IX. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2

[f. 44]

[18 March 1624]

At the committee for privileges, Sir William Walter exhibit un petition vers [Mr. Richard] Dyott supposunt luy mesme d'avoir le plurality of voyces, et [?qe] Dyott, va un [?se] luy ad promise de saver le mayor harmeles sil vouloit faire un undue returne de luy. Mes il ne prouvoit ascun des ses suggestion encore [illegible] le garrant fuit deliver al 7 a clocke, et l'election fuit mesme le jour, comebien qe ils proceed al election avec le consent de touts partyes, et sur l'instance et desire des burgesses, l'election fuit [illegible], et [Mr. Matthew] Cradock et [Mr. Richard] Dyott oustes. Et la reason fuit [illegible] le commonwealth est interessed, et doit este convenient warning (pur le space d'un jour al meins) al intent qe touts le burgesses paient prender notice et estre present sils voylent, et le consent de ascuns due prejudicure le rest.

[f. 45] Et ainsi un novel briefe issuera [?qe] un novel eleccion. Cest fuit le cas de Stafford.

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

[f. 31]

[18 Martii 1623]

An act/

This law was for the discharge of prisoners upon proof of disability to pay their debts.

An act to enable the Master of the Rolls and his successors to make leases of divers lands in Chancery Lane and Fetter Lane.

An act to prevent unnecessary suits about matter of precedence between citizens and burgesses in corporations.

The difference between two aldermen of Gloucester, which had caused much vexation and charge, was the occasion of this bill, was the occasion of this dispute [sic], which after some disputes and objections that it proceeded from passion, concerned matters too slight for the dignity of this House, was in abridgement of my Lord Marshal's jurisdiction, was nevertheless retained.

An act to avoid the exaction of customers, comptrollers and other officers of the Custom House.

SIR JAMES PERROT reported that upon the communion day, there received 439 and since, at several times, all [f. 31v] the rest had communicated, only 12, who had hitherto been absent from the House upon several occasions.

Only Sir Thomas Gerrard was found to forbear wilfully, hiding himself, as was informed by one Sir [sic] Thomas Trussell, in the Spanish ambassador's house.

An act for reviving the making perpetual an act 39 Eliz. for building hospitals and working houses for the poor.

This bill came from the Lords with amendments.

SIR EDWARD COKE reported the bill of concealments, which consisted of 6 branches:

• 1. Negative. The King not implead or molest, etc., for any manors, etc., unless his Majesty or his ancestors had been in possession within 60 years last past.
• 2. Affirmative. That all persons, etc., might quietly enjoy their manors, lands, etc., according to their several estates, discharged from the title and action of the King, unless etc.
• 3. Extrusive. To conclude all grants of concealments unless in such cases wherein there had been a judgement or verdict before the beginning of the Parliament.
• 4. Provisional, for his Majesty in cases of remainder of reversion in the crown, etc., titles of mortmain, escheats, etc., for all tenures to be as they should have been before this statute.
• 5. A general saving to all 3rd persons except patentees of concealments.
• 6. A particular proviso for Serjeant [Sir Robert] Hitcham for the rectory of Laughton in the county of Suffolk [sic], whereof he took a concealment with a purpose to make it presentative.

18 Martii 1623

An objection was made that if a defective estate in tail had been in possession 60 years, here was in law no estate and so no remainder in the King, nor words in this bill apt to preserve his right.

SIR EDWARD COKE. If this law confirm the estate tail, the remainder follows.

MR. SOLICITOR. It cannot have reversion.

MR. [JOHN] GLANVILLE. Entry gains no estate upon the King. The exception is just; and as the law is penned, the King by not avoiding the defective estate, which was intended to pass, shall lose his own reversion.

Some other slight exceptions were taken both to the general bill and to the particular proviso for Serjeant [Sir Robert] Hitcham.

So it was recommitted.

MR. RECORDER reported the commitment of the amendments of the bill of hospitals, etc., whereby the time incurred since that law expired was provided for.

So the bill passed and was to be sent up with endorsement: a cest bill avec les amendments les Commons ont assent.

An act concerning cart-taking and carriages. Passed.

[f. 32] A message came from the Lords with 5 bills:

• l. For making the Thames navigable [from Burcot] to Oxford.
• 2. To enable Sir Richard Lumley, kt., to sell divers lands.
• 3. The confirmation of a decree between the lord and customary tenants of the manor of Painswick.
• 4. Confirmation of an exchange of certain lands between the Prince and Sir Lewis Watson.
• 5. For naturalization of Sir [sic] Walter Stewart, James Maxwell and others.

MR. [JOHN] GLANVILLE reported the case concerning the election of Winchelsea between Sir Alexander Temple and Mr. [John] Finch, which was this. Winchelsea is an ancient corporation and borough, wherein the election has used to be made by the mayor, jurats and freemen. By an ancient order of the town, if any man were absent above a year and a day he lost his voice. By a later order, this was reduced to 3 months absence. Upon the day of this election, there appeared 8 jurats and 10 freemen; against 2 of these, viz., Jonathan and Daniel Tilden, exception was taken that they had lived out of the town above 3 months. The mayor would not proceed until they went out of the room. At their going out, they declared themselves for Sir Alexander Temple. The writ was read and the voices of the rest were equal, viz., the mayor and 7 for Mr. [John] Finch and 8 for Sir Alexander Temple. The mayor returned Mr. [John] Finch.

In this case, the committee agreed upon these points:

• 1. That the Tildens ought to have voices for these reasons.
• 1. The decree of the corporation could not alter the law.
• 2. It was proved the[y] kept empty houses in the town, were eligible to be mayor, did contribute to all rates and the benefit of common and of the town process, as other inhabitants.
• 2. That no good election was made for Mr. [John] Finch, there being no such privilege in the person of the mayor as to sway the election by his voice where the number is equal. Neither was Sir Alexander Temple elected, the declaration of the Tildens before the reading of the writ being of no effect, so there must be a new writ.

• 3. That the mayor was guilty of divers misdemeanours in the hindering [of] this election:
• 1. In that he had not given sufficient warning.
• 2. The warning was general without publishing the cause, and being asked he did refuse to disclose the cause.
• 3. That he had threatened to disfranchise on[e] [Richard] Martin if he would not give his voice to Mr. [John] Finch.
• 4. That he had given out scandalous speeches of Sir Alexander Temple that he was a papist and allied to my Lord of Clanricarde, one of the arch-papists of England.
• 5. That he unjustly excluded the Tildens, who had right to have voices in the election.

These points were confirmed by the House and it was ordered that the mayor should receive punishment according to his offence.

[f. 32v] My Lord of Clanricarde received a very honourable testimony that though he were a papist, yet he had done his Majesty and the late Queen as faithful service as any other of his countrymen.

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

[f. 90]

Thursday, 18th of March

Bill for more speedy payment of debts and relief of prisoners.

Bill for avoiding controversies, etc., between citizens and burgesses of cities and towns corporate touching precedency, etc.

Bill for avoiding exactions of customers, comptrollers and searchers, etc. First read.

SIR JAMES PERROT'S report of the number and names of the communicants. Of the whole number of the members, the first day there received 439

MR. [JOHN] SELDEN'S report of his comparing the recital in the bill concerning Wales with the record and the original bill of 34 H. 8. He found the original bill and the Roll to differ.

Bill for reviving the statute concerning hospitals, 39 Eliz., coming from the Lords. Committed and amended.

[f. 90v] Bill for the quiet of the subject in case of concealments. Recommitted.

Bill concerning purveyance and taking carts and carriages. Passed the House.

Upon occasion of the amendment of the bill of hospitals, a question moved whether the amendment in such a bill must be put in above or below and whether in paper or parchment. Referred to the search of records.

A message from the Lords, bills sent down:

Bill for making the river of Thames navigable from [Burcot to] the City of Oxford.

Bill to enable Sir Richard Lumley to sell lands for payment of debts.

Bill for the naturalizing of Sir Francis Stewart and Walter Stewart.

Bill for confirmation of an exchange of lands between the Prince and Sir Lewis Watson.

Bill for confirmation of a decree between the tenants of the manor of Painswick and the lord of the same.

The under-sheriff of Cambridgeshire on his knee at the bar, acknowledged his fault and so was dismissed, but to make an acknowledgement at the next quarter sessions in the country.

Report of the case of the election of Winchelsea.

Resolved, by the question of the House, that the election of Mr. [John] Finch was void, and a new writ to go forth.

And resolved, by the question, that the 2 Tildens are to have voice.

[f. 91] The mayor censured to be committed to the Serjeant for two days, and then to acknowledge his offence here and afterward in the country publicly, before the election.

Thursday afternoon

The cause of Staffordshire between [Mr. Richard] Dyott, who was returned, and Sir William Walter, that complained.

Sir William Walter's petition, suggesting that he was chosen by the major part of voices and that [Mr. Richard] Dyott had procured himself to be unduly returned upon promise of saving the mayor harmless.

Upon examination of the business, it appeared that no due warning was given, for the warning was given but at 7 or 8 of the clock in the morning, and within an hour or two they went to election, and of about 120 burgesses in the whole, there were 24 absent.

Resolved, by the committee, that none of the burgesses was duly chosen in regard there was no due warning, and so Mr. [Matthew] Cradock, that was not complained of, voided.

The case of Bletchingley. Henry Lovell complained of the undue election and return of Mr. [John] Hawarde, pretending that he himself was truly chosen. It was by him alleged that Mr. [John] Hawarde was chosen by a combination of a few, that without any warning to the rest assembled themselves at an inn, that the bailiff had never [f. 91v] the warrant brought unto him, nor did publish it, etc.

• 1. But it was proved that the bailiff was only a rent-gatherer of the manor and not any officer to those intents.
• 2. That the warrant was showed to some and particular notice given to all of the borough-holders, but only some that dwelt away and two that were but reversioners, the whole number being 24.
• 3. That none but those borough-holders were to have voice in the election. This was proved by records, the indentures always being inter vicecomitem et a, b, c, burgenses et alios. This (alios) was by the committee understood to be the rest, or the borough-holders, that did not set their hands to the indentures.

Resolved, upon the question, that Mr. [John] Hawarde was duly chosen.

Henry Lovell was charged:

• 1. With threatening those that had chosen Mr. [John] Hawarde.
• 2. With threatening that the Lady Howard should take away 14 nobles a year, which she gave to the poor, if they chose not him.
• 3. With procuring himself to be elected without any warrant, the sheriff having refused to grant a second warrant, being he had granted one before by virtue whereof Mr. [John] Hawarde was chosen.
• 4. With a practice of putting in an indenture wherein he had caused himself to be returned into the Crown Office [f. 92], having drawn the under-sheriff there by a device, who had before refused to return that indenture and was not privy to the delivery of it, though present at it, Lovell making use of his being in the room to colour the delivery, etc.

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

[f. 81v]

March 18⁰, Thursday

An act for avoiding extortion, etc., in the customs.

By the report of them that had the care to take our names at the receiving of the communion, it appeared there were 471 members of the House, whereof 439 received at the first and 20 afterwards, 12 not at all, who were personally called upon.

Sir Thomas Gerrard, after whom so much search had been made, was reported to be in Ely House at the Spanish ambassador's.

An act for the renewing and making perpetual an act made Elizabeth 39 for the erecting of hospitals and abiding places for the poor. Passed.

The bill of carriages, vide March 5⁰. Passed.

A message from the Lords with 5 bills:

• 1. To make the Thames navigable from Burcot to Oxford.
• 2. About Sir R[blank] Lumley's land.
• 3. About naturalizing of divers Scotsmen.
• 4. A confirmation of the exchange of land between the Prince and Sir Lewis Watson.
• 5. A confirmation of a decree in Chancery between [blank]. Never a public bill.

[Edward] Ingrey, the under-sheriff [of Cambridgeshire], did his submission and was discharged to do the like in the country. Thereupon, a motion was made to take off the high sheriff's penalty, but the House meddled not with it but left it to the law.

The election of Winchelsea was reported and neither Mr. John Finch nor Sir Alexander Temple were thought to be well chosen, nor Sir Alexander Temple [sic], [f. 82] because the 2 Tildens that offered to give him their voices and so had made the plurality, did it before the writ was read. Not Mr. John Finch because of the misdemeanour of the mayor in it, who:

• 1. Gave warning for the meeting but at 7 o'clock overnight against 8 [o'clock] in the morning.
• 2. Because he gave no notice for what the meeting was.
• 3. He concealed from the Tildens at the very time he meant then to elect and so they went away.
• 4. He threatened some of them if the[y] would not give with Mr. [John] Finch.
• 5. He laid an aspersion both upon Sir Alexander Temple and a great man besides, saying he was of kin to the arch-papist of the realm, the Earl of Clanricarde, who had enough arms to furnish an army.

Ergo, the election was made void.

The great Lord cleared in his honour that he had been ever sincerely affected to the crown, though a papist; and his admirable good service at Kinsale remembered in his honour and that speech of his in that he said he would bury himself in the ruins of the kingdom when some of his friends that were ill-affected would have dissuaded him.

It was ordered that the mayor should stand committed 2 ways [sic] to the Serjeant, and then come and make his submission to the House; second, that he should submit and confess his fault at Winchelsea likewise; third, that the Tildens should have voices in elections.