3rd May 1624

MONDAY, 3 MAY 1624

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

[CJ 696; f. 25]

Lunae, 3⁰ Maii, 22⁰ Jacobi

MR. [CHRISTOPHER] SHERLAND reports Sir Richard Burneby's bill. The amendments twice read. Ingrossetur.

ATTORNEY WARDS reports [Temple] Newsam's bill, with amendments, which twice read. Engrossetur.

L. 3a. An act to enable Martin Calthorpe, esq., to make sale of certain lands for preferment of his younger children and payment of his debts.

Upon question, passed.

L. 3a. [Blank]

Upon question, passed.

L. 3a. An act concerning the new-erecting and ordering of inns.

Upon question, passed.

L. 3a. An act concerning hostlers and inn-holders.

Upon question, passed.

[CJ 697] Resolved, upon question, that the opinion of this House is that the pretermitted custom is against law and to be presented to his Majesty as a grievance.

L. 3a. An act for abbreviation of Michaelmas term.

Upon question, passed.

[f. 25v] SIR H[ENRY] ANDERSON tenders a petition against Dr. [John] Cradock.

SIR ROBERT PHELIPS seconds the petition, and moves the committee may also examine the complaint against Dr. [John] Lambe.

These referred to the committee for courts of justice.

AUDITOR [EDMUND] SAWYER moves Sir William Hewett may bring in his books and Sir S[imon] Harvey may bring in all his books and papers of disbursements. That the officers and Clerks of the Green Cloth may attend the committee upon Tuesday, 2 [o']clock, Court of Wards.

Resolved.

Resolved, he that carries up these bills shall put the Lords in mind of the bill of concealments.

Bill of secret offices. Tomorrow morning, 7 [o']clock, Committee Chamber.

Fees in boroughs, etc. 4 [o']clock this afternoon.

[Matthias] Fowle's business. Friday afternoon, 2 [o']clock, Court of Wards. And all that will come to have voice.

L. 3a. An act to prevent the great charge, expense and other inconveniencies which divers of his Majesty's subjects dwelling in counties far remote/

Serjeant [Sir John] Davies and Sir Charles Caesar bring a message from the Lords. That where a conference appointed this afternoon for the monopolies, the Lord Treasurer has this morning sent in so many interrogatories and witnesses as the committees, which are also to be employed therein, cannot now attend it; and therefore desire, if it may stand with the conveniency of this House, this conference may hold upon Wednesday next, 2 [o']clock, in the Painted Chamber.

Answer returned by the same messengers: we will hold the time and place appointed for the conference about monopolies.

MR. SOLICITOR against the bill for laying actions in the proper counties. Plaintiff barred by want of witnesses and a nonsuit. Oppression may be by tying the actions to the offence committed. Cities counties of themselves.

[f. 26] Must lay the contracts in Wales, Northumberland, etc. Merchants send factors, who dying, the owner knows not the place of the contract. An executor not privy to the contract can never certainly know the place. Witnesses that can testify their hand upon sight of it may, in a little time, forget the place of contract.

MR. [RALPH] WHITFIELD. If bonds sealed in the C[inque] Ports, those being exempt out of the counties, no suit but there. So for County Palatines. Bonds sealed in Ireland, Low Countries, etc.

Upon question, not to pass.

The report from the courts of justice to be on Wednesday at 9 [o']clock.

Bill of continuance of statutes to be read tomorrow at 8 of the clock, peremptorily.

The debate concerning the fishing in New England renewed.

SIR W[ALTER] EARLE for the planters, who more beneficial to the commonwealth than the fishers.

A proviso in parchment tendered to this bill, which read.

A second proviso tendered by MR. [JOHN] GUY, which read.

SIR EDWARD COKE. Sir F[erdinando] Gorge's patent condemned for the clause that none should visit with fishing upon the sea-coast. This to make a monopoly upon the sea, which wont to be free. A monopoly attempted of the wind and the sun by the sole packing and drying of fish.

MR. SECRETARY. That free fishing, prayed by this bill, overthrows all plantations in these countries. That liberty by this bill to cut down wood within 1 quarter of a mile of a dwelling house, which exceeding prejudicial to the planters. So for Newfoundland.

MR. [JOHN] GLANVILLE. The first stage worth 10 of the rest. The provision for timber in Newfoundland omitted because that an island having no rivers. But New England has divers rivers into it.

Both the provisos, upon question, rejected.

The bill, upon question, passed.

[House adjourned]

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

[CJ 782; f. 185]

Lunae, 3 Maii 1624

MR. [CHRISTOPHER] SHERLAND reports Sir Richard Burneby's bill. The amendments twice read.

Ordered, to be engrossed.

ATTORNEY WARDS reports [Temple] Newsam's bill. Amendments twice read.

Ordered, to be engrossed.

L. 3. An act to enable Martin Calthorpe, esquire, to make sale of certain lands for preferment of his younger children and payment of his debts.

Upon question, passed.

L. 3. An act for the further description of a bankrupt and relief of creditors against such as shall become bankrupts, and for inflicting corporal punishment upon the bankrupts in some special cases.

Upon question, passed.

L. 3. An act concerning the new-erecting and ordering of inns.

Upon question, passed.

L. 3. An act concerning hostlers and inn-holders.

Upon question, passed.

[f. 185v] MR. [JOHN] LISTER. To proceed to judgement of the pretermitted custom.

Resolved, upon question, as the opinion of the House that the pretermitted custom is against law and shall be presented to his Majesty as a grievance.

L. 3. An act for the abbreviation of Michaelmas term.

Upon question, passed.

SIR HENRY ANDERSON. A petition against Doctor [John] Cradock.

Read, and referred to the committee for courts of justice. And the petition against Doctor [John] Lambe.

MR. [EDMUND] SAWYER. Have perused Sir Simon Harvey's books. To have Sir William Hewett bring in his book of receipts and accounts, and Sir Simon Harvey to bring in all his books. The officers and Clerks of the Green Cloth to attend tomorrow, 2 [o']clock, Court of Wards, and the gentlemen of this House, of Wiltshire, to attend the committee.

Ordered.

Secret offices. Tomorrow morning, 7 [o']clock, Committee Chamber.

Fees in corporate towns. This afternoon, 4 [o']clock.

Committee for [Matthias] Fowle on Friday, 2 [o']clock, Court [blank]. And all to have voice.

L. 3. An act to prevent the great charge, expense and other inconveniences which divers of his Majesty's subjects, dwelling in counties remote from London and Westminster, [f. 186] are put unto by prosecuting and bringing of actions of debt, covenants, attempts, faux imprisonment, trespasses of assault and batteries, and other personal actions against them in London and Middlesex, and not in the proper counties where the causes of such actions did arise and grow.

Upon question, not to pass.

A message from the Lords by Serjeant [Sir John] Davies and Sir Charles Caesar. The Lords have sent this message: that whereas this afternoon was appointed for the bill of monopolies, the Lord Treasurer has sent in so many witnesses to be examined that they cannot intend it today, nor tomorrow, and desire it may be on Wednesday, 2 [o']clock, former place.

Answer: this House will give a meeting at the time and place propounded.

Sir Robert Phelips to make his report from courts of justice on Wednesday, 9 [o']clock.

Bill of continuances of statutes to be read tomorrow, 8 [o']clock, peremptorily.

The debate of the bill for free fishing in New England begun.

MR. [RICHARD] BUSHROD tenders a proviso to the bill.

MR. [JOHN] GUY, another.

Both provisos rejected.

The bill, upon question, passed.

[House adjourned]

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

[p. 279]

Lune, 3 Maii 1624

[3. L.] Bill pur vere description de bankrupteet [sic] versus eux.

Sur question, passe pur leye.

3. L. Bill versus innes et ostries et regulating de eux.

Sur queston, passe pur leye.

3. L. Bill pur innes et ostries pur haie, oates, etc. et repeale dautre leyes touchant innes, ostries et prises de haie, oates et horse breade.

Sur question, passe pur ley.

Sur question, as many as are of opinion pur declare that the pretermitted customs are not warranted by [p. 280] lawe and fitte to be presented to his Majestie for a greevaunce. Resolve que cy.

3. L. Bill pur abridgemente de Michaelmass terme.

Sur queston, passe.

3. L. Bill pur avoidante actions trahe al Westminster. Ne poet este committe.

Sur question, rejecte.

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

[f. 189]

Monday, 3⁰ Maii 1624

An act concerning the assurance of lands to the Bishop of Coventry and Lichfield from one [blank] Fisher. 3. L., passed this House. r. p.

An act concerning the sale of the lands of one [Martin] Calthorpe. 3. L. This bill is now passed this House.

An act for a further description of a bankrupt and for relief of creditors against bankrupts, and for inflicting of punishments on bankrupts in certain cases. 3. L. r. p.

By this, no bankrupt shall be protected by Parliament-men or otherwise. This bill is now passed this House.

[f. 189v] An act concerning the new-erecting and ordering of inns. 3. L. This bill is now passed this House. Dormit Lords.

An act concerning [h]ostlers and inn-holders. 3. L. This bill is now passed this House. r. p.

It is resolved, on the question, that it is the opinion of this House that the pretermitted custom is against law, and fit to be presented as a grievance to his Majesty.

An act for the abbreviation and limitation of Michaelmas term. 3. L. This bill is now passed this House. Dormit Lords.

Petition of John Richardson, esq., against Dr. John Cradock, chancellor of the Bishop of Durham, desires that the business of oppressions and corruptions complained of by him against Cradock may now be taken into the consideration of this House, and that the Clerk of this House and the Speaker of the last Parliament may be ordered to redeliver those papers and proofs that were delivered into the last Parliament.

Ordered, that the committee of courts of justice shall examine the business against Dr. Cradock and Dr. [John] Lambe, who is chancellor of Northampton [sic].

Ordered, Sir Simon Harvey and Sir William Hewett shall bring in all their books whatsoever.

[f. 190] Ordered, that the committee for [Matthias] Fowle's business shall sit Friday next in the Star Chamber, and all that will come to have voice.

An act to prevent the great charge and expense by and other inconveniences which his Majesty's subjects are put unto by being drawn out of their proper counties on actions of debt, covenant, account, trespass or the like. That henceforth these suits shall be brought in the proper counties. 3. L. This bill is now rejected at the 3rd reading because it takes away a fundamental law of the realm, which is that all actions transitory may be laid where the plaintiff pleases the same.

Message from the Lords signifying that where there was a conference appointed between committees of both Houses on the bill of monopolies to meet this afternoon, the Lord Treasurer has sent into that House so many witnesses and so many interrogatories as that their Lordships shall not be able to meet at the same until Wednesday next in the afternoon.

Our answer: that we will meet at the conference on Wednesday as is desired touching the bill of monopolies. r. p.

[f. 225] He was said solecismum digito facere, who speaking of the earth pointed to heaven, because it was an incongruity to point to one thing and to speak to another.

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

[f. 70v]

3 Maii, Monday

Engrossing. [Sir Richard] Burneby's bill.

Engrossing. The Bishop of Coventry [and Lichfield]'s bill.

Passed. Mr. Martin Calthorpe's bill.

Passed this House. An act for the further description of a bankrupt and for relief of creditors against such as are bankrupts, and for his further punishment in some cases.

Passed the House. An act for the new-erecting and ordering of inns.

Passed this House. An act concerning hostlers and inn-holders.

By question, it is ordered that the pretermitted custom is altogether unlawful and fit to be preferred as a grievance.

Passed. An act for the abbreviation and limitation of Michaelmas term. The two first returns to be cut off.

An act to prevent the great charge and expense and divers inconveniences which many of his Majesty's subjects dwelling remote from London and Westminster do suffer by prosecuting actions out of their proper county be brought/

A petition was exhibited by SIR H[ENRY] ANDERSON in the name of [John] Richardson against [Dr. John] Cradock, chancellor of Durham, which is committed to the courts of justice. Dr. [John] Lambe also is accused.

[f. 71] [MR. EDMUND] SAWYER. Sir William Hewett is made general receiver of all the composition money and for selling the provision.

It is ordered that Sir William Hewett and Sir Simon Harvey bring in all their books in [sic] tomorrow to the committee and that the officers of the Green Cloth and clerks may attend.

Message from the Lords.

At the committee of grievances

£[sic]40,000 persons in Norwich. 15 or 16 parishes where they had preaching. The bishop has inhibited preaching in the forenoon; to come to the cathedral where there is not room for above 2,000, and part of them pay for their standing. That whereas there was lectures, certain who had lecturers that had stipends, that now he has put out them and put in a selected number who because they have no stipend it is not like to continue. [f. 71v] That since Michaelmas these have been put down.

[Sir Edward] Coke. 20,000 receive the communion. 34 parishes from St. Martin of the Oak [sic], 3 quarters of a mile.

[Robert] Tompson. There are near twenty thousand communicants in Norwich. That the ministers of the places have expounded after morning prayer. 14 or 15 parishes furnished with preachers.

[John] Thacker. 20,000 communicants. 12 or 14 preachers in the city. They do not now preach because they read an order before Christmas from the Lord Bishop that they should cease expounding. That the doctor said he would willingly preach but that the Lord Bishop had stopped his mouth.

Stinnet. They were going on their [f. 72] function and the Lord Bishop told them that the people was stuck to live of means and therefore he might forbear their labour.

Ward. 3 weeks before Christmas, the [ap]paritor said it was his Lordship's pleasure they should appear at the palace. Then he told him that the time had been that bishops had to bestow upon poor ministers. Then he said they might forbear their expounding, since they had lectures every day in the week but Saturday. He answered it was against the canons. He said: “Why, is not catechizing preaching?”.

Gates. 7 years' preaching at St. Andrew's. The next day after it was put down.

[f. 72v] [Sir Edward] Coke. That in Ed. 3, [17] R. 2, H. 4, that complaint in Parliament was made that the people wanted instruction. 45 canons to preach every Sabbath day.

Thacker. In St. Peter Mancroft, that Christ and his apostles, Moses and the prophets, the Holy Ghost in likeness of a dove, a crucifix set up; 3 in a [?window], a fair tomb made a high altar. That the mayor said that he was with my Lord [Bishop] in St. Peter's and he said the blessing of God be upon them that did so adorn the church. They were set up at the charge of the church, some of wood, some of stone. The parish was called together. [f. 73] It was desired that the ministers may be called to it. The ministers did dislike them and they purposed to pull them down, and the doctor answered that they had not best ever look on him that should pluck them down.

[William] Hakewill. For the 5 sermons the best resort, servants cannot, and upon the Sunday they cannot because there is none. 21 H. 8, excessive fees in administration. 31 [blank], 1 R. 2, that the king charge the ordinaries that they [blank]. 17 R. 2, that sufficient pastors be presented to benefices. 1 H. 5 [blank]. 1597, 24s. 8d. taken for institutions, now £3 10s. [Blank] not since this bishop's time for sacred orders they should take 10s., now they take 30s. [f. 73v] The bishop's secretary take for licensing of curates 5s., now the secretary take 10s.; for licensing schoolmasters, 3s. 4d., now the secretary takes 10s.; for probate of testaments, 5s., now 20s. The register. Since this bishop, consignation groats come to £60 per annum. The register has it and keeps it in his own hands. For not standing at the creed, gospel; te deum stand with their faces to the east; must bow at the name of Jesus. For not doing this 4 were at £7 apiece, and for not doing this they have done penance with a white rod in the hand.

Stifky. [Blank]

Gates. For a real union he paid £6 12s. for the institution.

[f. 74] Setternight. He was instituted and it cost him 40s.

Kniger. [Blank]

[Thomas] Stokes instituted. His secretary had £3 5s.

King, blind. Admission into double order, 29s., for double ordination, 30s. to the secretary; for licence to serve the cure at Drayton, 6s. 8d.; to preach, 10s.

Joseph Peck. Presented with 40 for not kneeling and not standing up at te deum, psalms. The most did conform themselves. 12 cited, the ablest sort, by a promoter, sued and it cost £7 apiece; and some for praying towards the east.

Stinnet, the like.

[Robert] Peck, of Hingham. For catechizing his children upon a Sabbath day after evening prayer, and the children drawing some neighbours in, they were to do penance.

[f. 74v] [Sir James] Perrot. To be commended to the King as a grievance, with the Lords or without.

[Sir Erasmus] Dryden. He is not a lover of the truth and like to bring ruin upon the church, and therefore fit to be commended to the King as a grievance.

[Sir Robert] Harley. That the church is as like to suffer, therefore let it not be presented with a mealmouth; therefore to present it to the King.

[Sir Peter] Heyman desire[s] that the images may be punctually proved.

[Sir William] Bulstrode. That he has offended in an high nature and therefore/

[Sir John] Corbet. That the bishop's inhibiting was an occasion that the 2 ministers cannot preach and would/

[Mr. William] Coryton. [Blank]

[f. 75] [Mr. Christopher] Sherland. He cannot but be a certain friend to popery that is doubtful for religion. To transmit up to the Upper House.

[Sir George] Chudleigh. That this bishop is justly suspected.

[Sir Nathaniel] Rich. Notorious and grievous. Therefore, in a parliamentary course to aggravate this [sic] things severally and to present them to the Lords as a man unfit and unworthy to hold his place.

[Sir Henry] Mildmay. [Blank]

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

[f. 119]

May 3

The pretermitted customs declared to be unlawful and to be presented to the King as a grievance.

Resolved, upon question.

The bill for the inns and hostelries. Passed.

Bill for abbreviation of Michaelmas term. Passed.

Complaints against Dr. [John] Lambe and Dr. [John] Cradock referred to the committee for courts of justice.

The Lords to be put in mind to speed the bill of concealments when we send up other bills.

[f. 119v] The bill against inquisitions taken here in Middlesex of land in other remote countries, and so put the party to his traverse.

Ascension Day is no day in Westminster nor in the Parliament. And the SPEAKER said it was twice so resolved by question here, and therefore must adjourn ourselves from Wednesday to Friday, the Thursday being the Ascension Day.

Bill to prevent the inconveniences by laying personal actions in other counties than where the cause of action arose.

Cast out.

SOLICITOR. Dangerous that a man shall be put [to] prove the place where bond delivered, for a man may remove the delivery and forget the place. [f. 120] If an action laid in a county that is a city where the judges come but seldom, [illegible] too long for a [?trial].

[MR. RALPH] WHITFIELD. Original writ runs not into the 5 [?parts]. That if change dwelling, a man has no remedy for his debt.

[MR. JOHN] CARVILE. The bill is not that the action shall be laid in the place where the cause of action arises, but in the county.

[SIR EDWARD] COKE. A dangerous bill. A fundamental point to lay a transitory action where he will. 'Tis against the creditor and for debtor: a man may lose his debt forever. Would have a general bill drawn by some learned gent[leman] to draw a good bill to remove the inconveniences, which are many, in laying of personal actions. But this bill, as it is, is not tolerable. [f. 120v] By this bill, a creditor meeting his debtor in London cannot meddle with him, or in any corporate town by a capias, if meet by chance. This bill, being third read, cannot be recommitted, but the question must be whether it shall pass.

It was said of one that in acting said [?o caelum] when he pointed to the earth, that he did solecismum digito facere. So this bill points at the public, but aims at the private, and therefore is a solecism.

They have represented this cause to you like Antigonus's picture with half a face, having the deformed [?hid], etc.

[f. 121] [SIR EDWARD] COKE. We condemned Sir Ferdinando Gorges's patent for a grievance because he had a clause in his patent that no subjects of England should visit the coasts of New England.

One had a monopoly in the West Country de vento et sole: for was only to dry fish, which is done with the wind and sun.

A man, if he speak anything which gives offence to the House, may desire leave to explain himself, and not upon mistaking by one member, and if I would satisfy him I would move my next neighbour to explain for me.

There is a law of institution of declaration. 8 E. 4, 15 E. 4, fishermen prescribe to fish by another's land, etc.

[f. 121v] Bill for liberty of fishing in New England and Newfoundland. Passed.

The question of a proviso: as many as will have the proviso added to the bill say “yea”, etc. After, the [?question] is to be made of the bill.

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

[f. 86]

May 3⁰, 1624

The first part of the morning being spent in private bills and other business of lesser moment, the order was called [f. 86v] upon for reading of engrossed bills.

An act for better avoiding the deceit of bankrupts.

It was moved it might be made a probationer. Two reasons were given to the contrary:

• 1. That since Magna Carta there has been no law against fraud made but absolute.
• 2. That it contains no forfeitures to the state but only recompense to parties.

Passed.

An act for erecting or ordering of inns. Passed.

An act concerning [h]ostlers and inn-holders.

To this bill were taken these exceptions:

• 1. That the chief abuse, which is in want of measure, was left out of the bill.
• 2. The prices left indefinite and uncertain.

To which were given these answers:

• 1. Laws limiting prices are never long lived, because prices are subject to alteration.
• 2. Measures are already provided for and in the charge of the Clerk of the Market.

Upon question, the pretermitted customs were condemned to be unwarrantable by law and fit to be presented as a grievance.

An act for the alteration of Michaelmas term.

A petition was exhibited for renewing the complaint against [Dr. John] Cradock, whereupon a committee was appointed to examine that business.

Sir William Hewett, receiver-general of all the compositions for his Majesty's household and sales of provision, appointed to bring in his books. Sir Simon Harvey and the purveyors of those counties where the progress has been, likewise appointed to attend.

An act to prevent expenses in suits of law by bringing actions in the counties where the cause of such actions do arise. All actions of debt, covenant, etc., and such other personal actions for which there is any original writ shall be brought, prosecuted and laid in the proper county.

A message came from the Lords desiring to put off the conference appointed this afternoon touching the bill of monopolies, the Lord Treasurer having tendered so many witnesses and interrogatories as they could not be ready until tomorrow.

Agreed accordingly.

After this message dispatched, divers exceptions were propounded in the former bill:

• 1. That the party grieved should be barred by his own or his witnesses' mistaking of the place, the law ever respecting more the plaintiff than the defendant who gives the [f. 87] cause of offence.
• 2. Batteries and other actions against great men cannot be tried in an indifferent place.
• 3. If this course were possible, the statute 6 R. 2, which provided in like manner, would not have been antiquated and disused.
• 4. That no remedy is provided for the Cinque Ports, which are not within any county, nor for bonds taken beyond sea; the like for the Counties Palatine.
• 5. It will be a cause of multiplying issues, which the law avoids.
• 6. Under pretence of public good, it discovers an aim at private gain, which compared to that ancient speech [blank] digito facere, concerning an orator that speaking of heaven points to the earth.
• 7. It will be difficult for merchants to prove where contracts were made by their factor or executor of the contracts of the testator, if the place be issuable.
• 8. That it alters a fundamental maxim of the law whereby transitory actions may be brought in any place, is of advantage only to the debtor and imposes a necessity in some cases for the creditor to lose his debt. Never any ground of the common law was altered without great mischief. When non-claim was taken away 34 E. 3, it produced divers suits until the act of 4 H. 7 it was restored. There has been more question upon them and that [statute] 32 H. 8 that made lands devisable than upon any law since the Conquest.

The bill was rejected.

The bill for free fishing, which had been read 29 April (but the debate then interrupted), was now put to the question and passed.

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

[f. 166v]

Monday, 3rd of May

Bill against bankrupts. Passed.

Bill touching erecting of inns. Passed.

Bill for ordering inns and [h]oste[l]ries. Passed.

The pretermitted custom declared to be against law and fit to be presented to the King as a grievance.

Bill for abbreviation of Michaelmas term. Passed.

A petition against Dr. [John] Cradock, reviving the complaints made against him last Parliament.

SIR ROBERT PHELIPS affirmed the complaint to be just, etc., the offences foul, proved both against him and against Dr. [John] Lambe.

MR. [RICHARD] SPENCER informed that he had a petition to prefer against Dr. Lambe.

Both these referred to the committee of courts of justice.

Bill to prevent the trouble of actions of assault, battery, etc., laid at Westminster, in London, etc., where the cause of actions do arise in the country, etc.

Rejected.

A message from the Lords. By reason of the Lord Treasurer's sending in so many witnesses and so many interrogatories as he has done this day, this day and tomorrow [f. 167] will be taken up with that business, so as the Lords desire to put off the conference touching the bill of monopolies appointed for this afternoon to Wednesday in the afternoon.

Resolved to meet on Wednesday.

MR. SOLICITOR, to the bill formerly read. Some corporate towns that are counties, the judges of assize come not there once in 7 years. Question, whether the action shall stay so long? So in case of a bond for money, unless the place of sealing be proved the proof of the sealing itself is nothing.

The bill rejected.

Monday afternoon, the case of the Bishop of Norwich

Norwich has 34 parishes, 30,[000] or 40,000 people, whereof 20,000 communicants. 16 parishes wont to have preaching ministers. The bishop has commanded or admonished the ministers to forbear preaching in the forenoon, and no sermon to be but in the cathedral church, where not past 2,000 can conveniently be. Second, constant stipendiary lectures put down, divers other lectures put down in his diocese.

Mr. [William] Hakewill, of counsel with the city. Proof produced for the number of people, etc.

Robert Tompson. And that for a long time, the ministers of other parishes were wont to preach or expound. [f. 167v] 14 or 15 are there now.

John Thacker testified the same. The curate published that the bishop had commanded him not to expound, and the doctor that had the charge said he would preach if the bishop would suffer him.

A minister testified that he himself being an allowed preacher, he was sent for, and the bishop told him that he might well spare his labour because of their slender maintenance.

One Mr. Ward, another minister, testified the bishop said their morning exercises were needless.

Mr. Goche, sometimes minister there, affirmed that for 7 years last before that time he used to preach in the forenoon.

Sir Edward Coke. Even in the midnight of popery, complaints in Parliament were frequent against the clergy for neglecting their callings. In E. 3['s] time, 17 R. 2, great complaints in Parliament. Canon 45, beneficed preachers to preach every Sabbath day, so also every preaching minister, etc. The statute 1⁰ Eliz. says if any man be disturbed in his sermon, he shall be punished.

[f. 168] The counsel informed that since preaching was put down, images were set up: namely, in St. Peter's church crucifixes set up and an high altar. A fair monument defaced and a high altar made. The mayor told Thacker that being in the church with the bishop, the bishop said the blessing of God be upon those that did it. There was never £200 laid out in this which should have been bestowed on the roof of the church. The most part of the parish contested against, yet, as it was reported by Dr. Gardener, the minister, the bishop caused it to go on.

The directions from the King read. The King's pleasure was it should rather increase the number of sermons.

Records: 31 E. 3, complaint being made of extortion of fees, the king commanded, etc. 1 R. 2, the king charged the prelates, etc. 1 R. 2, a complaint against pecuniary punishment, commutation. 17 R. 2, the Commons pray that beneficed men might preach, etc. 1 H. 5, another complaint against commutation of penance. 17 R. 2, the town of Colchester complained that the abbot did claim sanctuary in the town. The same time, the town of Abingdon.

[f. 168v] Sir Edward Coke. By the ancient law of England the king did provide for sufficient ministers; if the ordinary fail of his duty, then is the king to take order.

To the point of extortion. The due fees for institution of a minister, 1583, but 24s. 8d., whereof the bishop 10s. Now there is taken £3 10s. Second, whereas for giving orders there is due no fee but 10s. to the writer, now 30s. is taken. The bishop's secretary receives licensing a curate, instead of 5s., 10s.; licensing schoolmasters, instead of 3s. 4d., 10s.; probate of testaments, 5s., now 20s.; consignation groats amounting to £60 per annum newly raised, never paid before. The bishop has a servant of his supplies the place of register and accounts to him. He enjoins men to pray with their faces toward the east. Some have been excommunicated for this, and paid £7 fees.

Mr. Gache testified that for a real union of two churches, £6 12s. the bishop demanded so much.

Another minister testified he paid £3 for institution. But the bishop gave order 20s. should be given him back of courtesy.

Another minister testified that he gave £3 for his institution, [f. 169] and for his orders 29s. And heretofore for a licence to serve a cure, 6s. 8d., and for a licence to preach, 10s.

The bishop's man confessed the taking for institution, £3, and for 5s., 14s., 10d. Licensing a curate, 6s. 8d., so also of a schoolmaster, 6s. 8d.

A copy of a writing produced wherein men were enjoined to pray with their faces towards the east. 5 men enjoined penance, and made to acknowledge they had done contrary to the law of God in being present at the minister's house on a Sabbath day after evening prayer when he did catechize and sing psalms.

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

[f. 111]

May 3⁰, Monday

The act for increase of navigation and for free fishing, etc., read the 29th of April and demurred upon, now passed.

The pretermitted customs, respited from resolution to give way to the King's counsel or any other to speak for them, were now judged by the opinion of the House to be against law and a grievance.