1st May 1624

SATURDAY, 1 MAY 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/14

[CJ 695; f. 23]

Sabbati, 1⁰ Maii, 22⁰ Jacobi

Sir Eubule Thelwall, Sir William Bulstrode, Sir Thomas Hoby [blank] added to the committee for scandalous ministers.

Mr. [Richard] Daniel, burgess for Truro, has leave from the House to go down, having his house burned.

Sir Edwin Sandys, Mr. [Christopher] Sherland, Sir E[rasmus] Dryden, Sir Thomas Hoby, Sir William Bulstrode, Sir W[alter] Earle, Mr. Wandesford, Sir Thomas Myddelton, Sir Thomas Estcourt, Mr. [Martin] Bond, Sir Robert Hatton, added to the committee for Dr. [Thomas] Anyan, etc.

[CJ 696] Mr. [Timothy] Levinge, Sir Charles Montagu, knights and burgesses of Stafford, added to the committee for [Edward] Egerton. Upon Tuesday next.

L. 1a. An act for the education of the children of popish recusants.

[WILLIAM] LORD CAVENDISH reports Sir Robert Carr's bill, without amendments.

L. 3a. An act for naturalization of Sir Robert Carr, kt.

Upon question, passed.

[David] Stanniere's [naturalization] also reported. Recommitted, to put in the proviso agreed upon yesterday.

MR. [TIMOTHY] LEVINGE reports [Vincent] Lowe's bill, with amendments; which twice read. Engrossetur.

MR. [HENRY] ROLLE reports [Sir Edward] Engham's bill, with amendments; which twice read. Engrossetur.

[WILLIAM] LORD CAVENDISH reports [David] Stanniere's bill, with a proviso added; which twice read. Engrossetur.

[f. 23v] The committees for the bill of monopolies to go up presently into the Committee Chamber.

No committee shall sit after 8 [o']clock, sitting the House, without special order.

L. 2a. An act for avoiding a decree, etc.

Tuesday, 2 [o']clock, Star Chamber.

SIR EDWIN SANDYS reports from the committee for trade. A complaint against the Lord Treasurer for an imposition upon hops imported of 10s. upon an 100 lib. when the hops were in the river. To transmit this to the Lords. An imposition upon this by the Archduchess upon new draperies.

SIR ROBERT PHELIPS. That this done without any privy seal or other warrant from the King, but only by the power of the Lord Treasurer. To present this to the Lords.

SIR EDWARD GILES. To transmit it.

SIR H[ENRY] POOLE. Not to send it before it be examined.

SIR THOMAS HOBY, contra.

SIR GEORGE MORE. To send it, but not until it be examined and debated here.

SIR THOMAS WENTWORTH. To send it up presently.

Upon question, this petition to be presently transmitted to the Lords as a thing offered to this House.

This to be done by Sir Edwin Sandys, who carried also up with him 5 bills:

Cloths.

Almshouse in Lincolnshire.

Carew Ralegh['s] naturalization [sic].

[Abigail and William] Little's naturalization.

[Peter] Verbeake['s] naturalization.

[f. 24] Sir H[enry] Poole, Auditor [Edmund] Sawyer, Sir Thomas Hoby, Sir William Fleetwood, Mr. [John] Pym, Mr. Thomas Fanshawe, Mr. [John] Angell, Sir M[iles] Fleetwood, Sir Charles Morrison, Sir William Pitt, Sir P[eter] Heyman, Sir D[udley] Digges, Sir Thomas Denton, Sir Francis Barrington, Sir A[rthur] Ingram, to peruse Sir S[imon] Harvey's books and the patent granted to Sir William Hewett. Monday next, 7 [o']clock in the morning, in the Court of Wards. Sir Simon Harvey to attend, upon Monday next, the committee of grievances.

L. 2a. An act for the speedy levying of the penalty of 12d. a Sunday forfeited by married women.

Committed to:

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

SIR EDWARD COKE reports about the monopoly bills. Some provisos. That they have affirmed none of them to be good, nor condemned any of them to be ill. Subpoena office, patent of glasses, writing of the king's grants to the Great Seal. Though the present patentees be excepted, yet in future none can have them. Resolved, if the Lords shall add a proviso, to exempt them out of the act, and leave them as they be. The committee thinks it fit to consent not in love to these patents but to the passage of the bill.

The glass patent to be heard on Monday, whether it be a grievance or not.

[f. 24v] MR. [JAMES] CLARKE. Enforced to pay 5 pieces for the first line for a patent, etc.

This referred to the committee for grievances.

Ordered, upon question, that the committee for conference about the bill of monopolies shall have power (not altering any matter of substance) to treat of or agree to all necessary inferences about it.

The apothecaries' bill upon Monday next. 2 [o']clock, afternoon, in the former place.

MR. SECRETARY CONWAY. That last night, late, the King commanded him to come to London to give order to Mr. Attorney [General] to provide for some things in our petition by proclamation, according to the petition of the House of Parliament. And the Recorder to attend the King for his direction about resort to ambassadors' houses.

That the defence of Ireland and contract with the Low Countries stands at a stay only upon the certainty of monies.

SIR ROBERT PHELIPS. That until the King's declaration what time we shall part, we cannot set down a time for the assessing the subsidy, nor until the Council of War, which are to be inserted into the bill, be agreed upon.

The bill of subsidy to be considered of again upon Tuesday next in the afternoon.

SIR EDWIN SANDYS reports from the Lords that they will give the bills a speedy reading. The conference about the 2 bills to hold. For monopolies, upon Monday, 2 [o']clock, in the Painted Chamber.

L. 2a. [Blank]

SIR EDWARD COKE. This a bill of the greatest consequence of any bill in this House. That aequitas sequitur legem. That Lord Ellesmere had 1,000 marks per annum upon the same title. [Blank]

[f. 25] Committed to the former committee, Magdalene College bill. Tuesday next, 2 [o']clock, [Ex]chequer Chamber.

Sir Charles Caesar's bill, Monday afternoon, 2 [o']clock, former place. Knights and burgesses Hertfordshire, Mr. [John] Delbridge, Mr. [John] Guy, Mr. [William] Nyell, Mr. [John] Barker, Sir Edward Fraunceys, added to the committee.

A petition from the inhabitants of St. Martin's Lane. Referred to the committee for Amwell river.

Ordered, at 8 [o']clock upon Monday, to read public bills, all other business set apart.

[House adjourned]

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

[CJ 781; f. 182v]

Sabbati, 1 Maii 1624

Scandalous ministers. Monday, 2 [o']clock, Court of Wards. Sir Eubule Thelwall, Sir William Bulstrode, Sir Thomas Hoby, Sir William Sheffield, added to the committee.

Mr. [Richard] Daniel of Truro, leave to go into the country.

added to the committee for Doctor [Thomas] Anyan and the rest.

[f. 183] [Edward] Egerton's bill, Tuesday next. Mr. [Timothy] Levinge, Sir Charles Montagu, knights, burgesses of Stafford added.

L. 1. An act for the education of the children of popish recusants.

Bill against exportation of iron ordnance to be looked up against Tuesday.

[WILLIAM] LORD CAVENDISH reports Sir Robert Carr's bill and David Stanniere's bill, without amendments. Stanniere's bill recommitted for a proviso to be added.

L. 3. An act for naturalizing of Sir Robert Carr, knight.

Upon question, passed.

MR. [TIMOTHY] LEVINGE reports Vincent Lowe's bill. The amendments twice read.

Ordered, to be engrossed.

MR. [HENRY] ROLLE reports [Sir Edward] Engham's bill. The amendments twice read.

Ordered, to be engrossed.

[WILLIAM] LORD CAVENDISH reports [David] Stanniere's bill, with the proviso.

Ordered, to be engrossed.

Ordered, that no committees shall sit after 8 [o']clock without special order.

L. 2. [George] Morgan's bill.

Committed to:

Tuesday, 2 [o']clock, in the Star Chamber.

SIR EDWIN SANDYS, from the committee for trade, about the imposition on hops. Committee thought fit to have it sent up to the Lords.

Resolved, upon question, that this petition shall be presently presented unto the Lords as a thing offered to this House.

Sir Edwin Sandys to present it. And carried up likewise 5 bills, public and private. And to desire likewise a time for a conference about the bill of monopolies.

SIR EDWARD COKE. Sir Simon Harvey attends at the door. Has brought in his books. To have some appointed to view his books, and to dismiss him until Monday.

to peruse Sir Simon Harvey's books and Sir William Hewett's patent. Monday morning, 7 [o']clock.

[f. 184] L. 2. An act for the more speedy levying of the penalty of 12d. forfeited by married women.

Committed to:

All to have voice. Monday, 2 [o']clock, Court of Wards.

SIR EDWARD COKE reports about the monopoly bill. Have treated of all the petitions but one. Have affirmed, nor condemned, none. Committee have resolved that the subpoena patent, patent of glasses, Sir Richard Young's patent, to continue for their time, but no renewing of them. The committee of opinion that if the Lords shall except these out of the penalty of the act, to have it done. To have the committee trusted with necessary inferences at the conference.

MR. [JAMES] CLARKE had occasion lately to pass a charter for Hereford. The writing and parchment cost him 46 pound.

[CJ 782] The committee have power from the House to treat with the Lords at the conference of all necessary inferences not altering substance.

[f. 184v] Apothecaries' bill, Monday, 2 [o']clock, former place.

SECRETARY CONWAY. Glad to see the bill of subsidy go so well on. Yesterday he was commanded by the King to attend Mr. Attorney [General] about some things in our petition. To give him order to draw a proclamation, and the Recorder to wait on him to take directions for his duty about repairing to the Spanish ambassadors and other. Council of War know not how to conclude anything until they know when the money shall come in.

SIR ROBERT PHELIPS. This cannot be done until his Majesty's pleasure be known for our rising and the Council of War certainly known that must be inserted into the bill.

Tuesday afternoon for the bill of subsidy.

SIR EDWIN SANDYS reports from the Lords. For the bills, would give them a speedy reading. The conference this afternoon to hold for the 2 bills, and have appointed Monday afternoon, 2 [o']clock, Painted Chamber, for the bill of monopolies.

L. 2. An act for the quiet establishing of the right and interest of certain lands and tenements of Henry, now Earl of Oxford.

Committed to the former committee of the cross bill. Tuesday next, 2 [o']clock, Exchequer chamber.

Sir Charles Caesar's bill. Monday next. Knights, burgesses Hertford added. Mr. [John] Delbridge, Sir Edward Fraunceys, Mr. [John] Guy, Mr. [William] Nyell, Mr. [John] Barker, Sir William Bulstrode, Sir James Perrot.

[f. 185] MR. SECRETARY. A petition from some of the inhabitants of [St.] Martin in the Field[s]. Referred to the committee of the bill of Amwell river.

Monday, 8 [o']clock, the engrossed bills to be put to the question.

[House adjourned]

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

[f. 187v]

Saturday, 1⁰ Maii 1624

Concerning the petition touching the imposition on hops, SIR EDWIN SANDYS reports that it was proved to the committee appointed to examine the same that the Lord Treasurer by his own warrant, without any privy seal from the King, laid an imposition of 10s. on a hundred of hops where there was before but 1s. 6d. imposition [on] a hundred of hops. That this imposition was laid by the Lord Treasurer when a great number of hops were come here into the Thames, and so surprised the merchants that brought them in. That the Archduchess, from whose country these hops came, took this so ill as she complained of it and did presently there raise an imposition [f. 188] on the new manufactures of this kingdom from £11 1s. 1d. to £16 14s. 2d. That the committee found on examination that the substance of this petition is true and it was so justified by all the merchants and they have set their hands to it.

Ordered, that this petition shall be presently sent up to the Lords as an addition of grievances occasioned by the Lord Treasurer, and that Sir Edwin Sandys shall carry it to the Lords.

An act for the restitution in blood of Carew Ralegh, son of Sir Walter Ralegh, kt., late attainted of treason. 3. L. This bill is passed this House and sent up to the Lords. Dormit Lords.

SIR E[DWARD] COKE reports from the committee of grievances that he has found this Parliament what he never knew before, that there is as great a grievance of men as patents and that there are some foul matters against Sir Simon Harvey. He desires a committee may be appointed to examine Sir Simon Harvey's books.

Ordered, that a select committee shall peruse the books of Sir Simon Harvey and such other things as concern the complaint against him, to meet Monday next, and that for this time Sir Simon Harvey/

[f. 188v] An act for the more speedy levying of the penalty of 12d. forfeited by any married woman for not repairing to the church to hear divine service. 2. L.

By this, any justice of peace shall on proof made to him give warrant to the churchwarden to levy 12d. for every such default to the use of the poor.

This bill is committed.

SIR E[DWARD] COKE reports that the committee has examined the provisos for the patent of glasses, the subpoena office and Sir Richard Young's and Sir Robert Pye's patent for the sole engrossing of all the king's grants. That the committee thought fit to admit of provisos for all these patents to preserve them that they shall not be impeached by this patent [sic] but left as they were before, but that hereafter no more grants shall be made of the said offices.

Ordered, that such provisos shall be presented to the Lords by the committee at the conference with the Lords.

SECRETARY CONWAY. That by the King's command, he came the last night to this town to attend Mr. Attorney [General] for the drawing up of the proclamation fully according to the petition of this House against recusants, and to require from his Majesty Mr. Recorder to take course according to his Majesty['s] answer with such as repair to mass at any ambassadors' houses. [f. 189] And he wishes, as from himself, that we will go on with the bill of subsidies for until that be done, which is the wheel must move all, no proceedings can be effected for preparation of war.

Ordered, that Tuesday next in the afternoon, the committee shall perfect the bill of subsidies.

SIR EDWIN SANDYS reports from the Lords that their Lordships will take into consideration the petition against the Lord Treasurer for the imposition laid on hops.

An act for the quiet establishing of certain lands and tenements of Henry, now Earl of Oxford, and his tenants according to 2 decrees in Chancery and one decree in his Majesty's Court of Wards and Liveries. This bill came from the Lords. 2. L., committed.

IV. DIARY OF SIR THOMAS HOLLAND, RAWL. D. 1,100, BODLEIAN LIBRARY

[f. 68v]

1 Maii 1624

An act for the education of the children of popish recusants.

Passed for a law. An act for the naturalizing Sir Robert Carr, kt.

Engrossing. Report, the bill of Vincent Lowe, to sell land for the payment of his debts, of Derbyshire.

[MR. HENRY] ROLLE. An act for settling the lands of Edward Engham. Engrossing.

[f. 69] Order. It is ordered that no committee shall sit after eight of the clock in the morning but upon special order.

Second read, committed, Tuesday, Star [Chamber]. An act for to make void a decree between [George] Morgan and [Sir John] Bourchier, and to confirm another decree.

[SIR EDWIN] SANDYS, report. A complaint against the Lord Treasurer. That whereas the custom of hops upon a 100 was 1s., after it was 18d., then the Lord Treasurer added to it 10s. without warrant from the King. The advantage was taken while they lay upon the Thames, whereby they sustained much loss. One lost £400. Upon this cause, the Archduchess has raised new impositions upon our manufactures. It is desired that the petition may be transmitted.

5 bills more sent up. [Blank]

[SIR EDWARD] COKE moves that a select committee be appointed to view Sir Simon Harvey's books.

A committee is appointed to examine Sir Simon Harvey's books and the [f. 69v] patent of Sir William Hewett, and that Sir Simon [Harvey] be charged upon his peril to appear on Monday.

Second read, committed. An act for the more speedy levying of xiid. a Sunday for married women not coming to church.

The grants of subpoenas 17⁰ Eliz. and the patent of glasses and the patents of Sir Richard Young and Sir Robert Pye engrossing patents under the Great Seal; yet these are to have no longer continuance than expiration of these granted.

[MR. JAMES] CLARKE. For the matter of engrossing patents he went to [John] Benbow's office; he demanded 5 pieces for the first line, 3s. 4[d.] for the velum and £38 for the engrossing the whole patent.

SOLICITOR moves that because the [a]pothecaries' bill is without a day, that Monday may be appointed and all come to have voices.

[f. 70] SECRETARY [CONWAY]. Yesternight he was commanded to attend Mr. Attorney [General] to give order for some things for satisfaction in the petition, which is for a proclamation according to the petition and for the Recorder to come to him.

[Blank]

For the defence of Ireland and the contract with the Low Countries, they cannot go on because it is not known when the money will come in.

[SIR ROBERT] PHELIPS. Two things that are impediments to it: when his Majesty's pleasure is that we shall rise next; the Council of War under the Great Seal who are to be inserted into the bill of subsidies.

Tuesday is appointed for the subsidy bill.

[f. 70v] An act for the establishing to the Earl of Oxford/

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

[f. 118v]

May 1

[SIR EDWARD] COKE. I am a serjeant still. Let some monopoly patents be saved by proviso in the bill lest they should hinder the passage of the bill. And after their terms expired, the bill will have its effect for the future. We cannot have all things done together.

A complaint against the Lord Treasurer was transmitted to the Lords, (being for an imposition laid [f. 119] by him upon hops) upon the examination of witnesses by the committee, before the House had examined because that the Lords were to proceed speedily to judgement against and that complaint would otherwise have come too late.

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

[f. 85v]

May 1⁰, 1624

An act for the education of popish children.

An act for naturalization of Sir Robert Carr.

An act to enable Sir [sic] Vincent Lowe to sell divers lands in Derbyshire.

MR. [HENRY] ROLLE reported Sir Edwin Sandys's bill concerning [Sir Edward] Engham's estate.

An act for [George] Morgan against [Sir John] Bourchier. Committed.

SIR EDWIN SANDYS reported the delivery of a petition [f. 86] against my Lord Treasurer by divers merchants concerning the new imposition laid upon hops.

Upon this, it was debated whether this complaint should be examined or else referred to the Lords without examination. And the case of my Lord of St. Albans was vouched, in which all the petitions tendered against him after the transferment were immediately sent up.

And accordingly, it was ordered Sir Edwin Sandys should present this to their Lordships without any further examination.

An act for the more speedy levying of xiid. forfeited by married women for not coming to church.

SIR EDWARD COKE reported from the committee concerning the bill of monopolies. That it was agreed the patent for engrossing his Majesty's own grants to the Great Seal, the patent of making subpoenas and the patent for glass should be excepted during the continuance of the present grants only, without future possibility of renewing, leaving them neither better nor worse, not for any love to the business but lest they should hurt the bill.

Complaint was made of £6 demanded for the first line of a charter.

MR. SOLICITOR moved for a day for the bill of subsidy [sic].

Which was seconded by MR. SECRETARY [CONWAY], informing the House of his Majesty's care to give satisfaction to our petition of religion, order being given to the Attorney [General] to draw a proclamation for priests and Jesuits, and to the Recorder to stop the resort to the Spanish ambassador's, and alleging that the defences of the kingdom and of Ireland and the contract of the Low Countries were at a stand until they might see how money should come in.

An act concerning Magdalene College in Cambridge.

SIR EDWARD COKE. A bill of great consequence not only to all colleges and collegiate churches in England, but in respect of a main maxim of the common law that a statute should be overruled by a decree in the Chancery. If we open this window, there will be no certainty. The case has been adjudged in the King's Bench. A writ of error was brought and the plaintiff nonsuited. Afterwards a decree was made contrary to law, for aequitas sequitur legem. And he that made the decree had 1,000 marks per annum by a lease of the same nature. And if we give no remedy upon this bill, it will encourage other judges to make the like decrees.

The bill was committed.

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

[f. 165v]

Saturday, 1st of May

Bill concerning education of recusants' children. First read.

SIR EDWIN SANDYS moved that the petition against the Lord Treasurer touching the imposition on hops, etc., might be transmitted to the Lords to be there examined, etc.

Question raised whether it were fit to do so before we had thoroughly examined it ourselves.

It was alleged that the like was done in my Lord of St. Alban's case.

[f. 166] Resolved, upon the question, to send it up as a thing presented to this House, to be considered of as the Lords shall think fit.

Bill for levying of 12d. for married women's absence from church. Committed.

SECRETARY CONWAY. Yesterday late the King commanded me to come to London to attend Mr. Attorney [General] touching some things for our satisfaction touching our petition. The King said he had been diverted from many businesses, now he commands the Attorney [General] to draw up a proclamation concerning priests and Jesuits, and also Mr. Recorder to take order to restrain the resort to ambassadors' houses. Touching the subsidy, Ireland and the Low Countries stand on those terms that nothing can be determined until it be known how the moneys shall arise.

SIR ROBERT PHELIPS. It would be first known when we shall depart that so we may appoint the first payment accordingly. Besides, it will be fit to know concerning the Council of War more particularly, and to see there be first a commission under hand and seal.

Tuesday appointed for the bill of subsidy [f. 166v] if our expectations were before that time answered.

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

[f. 110v]

Maii 1⁰, Saturday

An order that no committee shall sit after eight o'clock in the morning without special order from the House.

A bill of that intricate business between [Sir John] Bourchier and [George] Morgan, [f. 111] which had been rejected, being exhibited in a petition.

The complaint renewed and sent up to the Lords against the Lord Treasurer about the impost of hops raised from 18d. to 10s. whilst the commodity was in the river of Thames, to the raising of on[e] man's part in the customs to £400, as appeared by the petition that was exhibited against him. The House sent this up not as a thing judged by them but to be considered by the Lords as they saw cause.

A message from the King by SECRETARY CONWAY that his Majesty had given order to his Attorney [General] to draw up the proclamation against Jesuits, etc., and appointed the Recorder to attend him about restraint of such as resorted to ambassadors' houses. A motion to hasten the subsidy because it was now in the power of the House to obtain what they desired if they deferred it not.