4th May 1624

TUESDAY, 4 MAY 1624

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

[CJ 697; f. 26v]

Martis, 4⁰ Maii, 22⁰ Jacobi

MR. [THOMAS] FANSHAWE reported Sir Richard Smythe's bill, with amendments, which twice read. Engrossetur.

[Blank]

[Robert] Wolverston's bill. Friday afternoon, 2 [o']clock, Court of Wards.

L. 3a. An act/

Upon question, passed.

L. 3a. [Blank]

Upon question passed.

L. 3a. [Blank]

Upon question, passed.

L. 3a. [Blank]

SIR J[AMES] PERROT. That here a heavy imposition upon all merchandises which come into the haven. To beware of this precedent.

MR. [EDWARD] ALFORD. That these laid by consent.

Upon question, passed.

Mr. [JOHN] GLANVILLE reports for Amersham, Wendover and Marlow. That only 3 boroughs more in this case. These proved to be boroughs and such as sent burgesses 1⁰ Ed. 1 and from thence 28 Ed. 1 and 18 Parliaments between. That a borough cannot forfeit this liberty of sending burgesses by non-user [sic]. For Hertford, an act of Parliament reciting that Hertford then served in Parliament. That the committee thinks fit that new writs should go for these.

[f. 27] SIR GEORGE MORE. Petitions for these delivered the last Parliament. Pontefract and Ilchester restored upon the same reason the last Parliament.

CHANCELLOR DUCHY against these old titles disused from 28⁰ Ed. 1.

SIR WILLIAM FLEETWOOD and SIR THOMAS WENTWORTH and MR. [JOHN] SELDEN. For these towns to send burgesses.

Upon question, every of these 3 boroughs in Buckinghamshire to send 2 burgesses this Parliament, and a warrant from the Speaker for new writs accordingly.

Upon question, the like ordered for Hertford.

The House refused to give any direction for the manner of electing there or who should be the electors.

MR. [JOHN] WANDESFORD reports the bill for burgesses for Durham, with amendments, which twice read. This bill was recommitted upon the question whether Barnard Castle should have 2 burgesses or not, which the committee has now resolved they shall have.

SIR JOHN SAVILE against burgesses for B[arnard] Castle.

SIR THOMAS TREVOR, pro.

SIR H[ENRY] ANDERSON, pro. That the Prince desires it. That Sir T[albot] Bowes has power there, by reason of his inheritance, to procure the election against all letters.

SIR ROBERT PHELIPS, pro.

SIR JOHN WALTER, pro.

MR. [WILLIAM] MALLORY, contra.

SIR H[ENRY] VANE, pro, and the Prince's desire is only upon the country's suit to him.

SIR EDWIN SANDYS, pro. That the King can put in burgesses in B[arnard] Castle without this House.

SIR EDWARD COKE. [Sir John] Fortescue, that at the first 300 burgesses here, suitable to the senators of Rome; now almost 500. Question, whether the King may make burgesses in a County Palatine. Is for 2 burgesses for B[arnard] Castle.

SIR GEORGE MORE, pro.

SIR THOMAS WENTWORTH. Not fit to name the Prince. This no parliamentary course. May stop/

Upon question, this bill to be engrossed.

[CJ 698] SIR THOMAS HOBY moves whether commissioners of sewers be included within the former order for presenting recusants.

Resolved, they shall be presented and the committee to do it forthwith and to meet this afternoon. And all to be done against Friday next.

[WILLIAM] LORD CAVENDISH moves from the Earl of Oxford/

Resolved, the bill to be on Saturday next, and the King's and Prince's council of this House to be added to the first committee.

[f. 27v] L. 3a. An act for continuance and repeal of statutes.

Upon question, passed.

2 bills brought from the Lords:

• 1. An act for confirmation of a judgement given for his Majesty in a scire facias, with special recommendation.
• [2.] And a bill for the naturalization of/

That the King has sent to the Lords to attend him tomorrow at the Banqueting House at Whitehall at 2 [o']clock. Cannot, therefore, hold the conference about the monopolies at 3, but will at 4.

Answer/

MR. [WILLIAM] NOYE. The bill for the poor to be called upon, so the bill for decay of tillage, third, for arms.

• 1. Repeal of statutes.
• 2. Bankrupts .
• 3. Inns.
• 4. Inn-holders.
• 5. Michaelmas term.
• 6. Fishing.
• 7. [Martin] Calthorpe.
• 8. [Edward] Alcock.
• 9. [Sir Edward] Herne.
• 10. [Vincent] Lowe.
• 11. Colchester.

These to be sent up in the afternoon by Sir Edward Coke with a special desire from the House that they will take care to speed the bill of concealments.

Sir Edward Wardour and Sir Robert Pye to take a view and report to the House what profit the King has received by concealments these 40 years.

The matter for trade to begin tomorrow at 8, peremptorily, and the Speaker to interrupt any that shall interrupt it and/

Mr. [William] Noye, Mr. [William] Whitaker, Mr. [John] Carvile, Mr. Thomas Fanshawe, Mr. [John] Saunders, Mr. [James] Clarke, Mr. [John] Lowther, Mr. Berkeley, Mr. [John] Wylde, Mr. [Christopher] Brooke, added to the committee for the Lady [Mary] Bulkeley's bill.

L. 1a. An act for making void certain letters patents granted to Henry Heron for the sole packing and drying of fish.

A judgement already against it in a scire facias. The bill for confirmation of this judgement.

L. 2a. The same bill.

Committed to:

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

[f. 28] All the lawyers in the House added to [George] Morgan's bill, and Mr. [John] Pym.

A warrant to the Serjeant to fetch up those which arrested Sir Thomas Belasyse's servant.

Sir W[alter] Earle, Mr. [Samuel] More, Sir E[rasmus] Dryden, Sir Francis Barrington, Mr. Whitaker, added to the Feltmakers' bill.

[House adjourned]

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

[CJ 782; f. 186v]

Martis, 4 Maii 1624

MR. [THOMAS] FANSHAWE reports Sir Richard Smythe's bill. Amendments twice read.

Ordered, to be engrossed.

[Robert] Wolverston's bill. Friday, 2 [o']clock. All/

L. 3. Sir Edward Herne's bill.

Upon question, passed.

L. 3. An act to enable Vincent Lowe to make sale of certain lands.

Upon question, passed.

L. 3. An act for the sale of the manor of Rampton in the county of Cambridge.

Upon question, passed.

L. 3. An act for the repairing and maintaining of an ancient haven, river and channel of the borough and town of Colchester in the county of Essex, and also for the paving of the said town.

Upon question, passed.

[f. 187] MR. [JOHN] GLANVILLE reports from the committee of privileges for 4 towns: Amersham, Wendover, Marlow, Hertford. Found that these towns are boroughs in the general. 1 Edw. 1 all these 3 boroughs sent burgesses to Parliament. 28 Edw. 1 they sent again. The committee of opinion that they ought now to send burgesses to Parliament, and that warrants should go out for writs for these towns. Ilchester and Pontefract in the like case, who were restored the last Parliament.

Resolved, upon question, that Amersham, Wendover and Marlow shall send burgesses to serve in this present Parliament, and warrants to go out for writs.

Resolved, upon question, that Hertford likewise shall send burgesses to this Parliament, and a warrant for a writ.

MR. [JOHN] WANDESFORD reports the bill to enable the County Palatine of Durham to send burgesses to Parliament. Amendments twice read.

Ordered, to be engrossed.

[CJ 783] SIR THOMAS HOBY. A question at the committee about recusants whether commissioners of sewers were to be presented. Agreed they shall. To be done this afternoon. All to be done against Friday next.

[WILLIAM] LORD CAVENDISH. Earl of Oxford desires that his bill may be put off until tomorrow and that the King's and Prince's council may be of this committee.

Ordered, Saturday, 2 of the clock shall be the time, and the King's and Prince's council of this House added to the committee.

L. 3. An act for continuing and reviving of divers statutes, and repeal of divers others.

Upon question, passed.

[f. 187v] A message from the Lords by Serjeant [Sir John] Davies and Sir Charles Caesar. The Lords have sent 2 bills, 1 public bill, which they specially recommend; the other a private naturalization bill. Do likewise signify that the King has commanded the Lords to attend him tomorrow in the Banqueting Hall, and therefore cannot attend the conference about the bill of monopolies at 2 of the clock, but at 4 of the clock will attend it.

Answer: this House will give meeting for the conference at the time and place desired.

Sir Walter Earle, Mr. [Samuel] More, Sir Erasmus Dryden, Mr. Whitaker, added to the committee for the Feltmakers' bill.

Sir Robert Pye and Sir Edward Wardour to search and report to the House what profit the King had of concealments these 40 years.

Matter of trade to be debated tomorrow morning at 8 [o']clock. Then the report for courts of justice. If any shall interrupt this order, the Speaker to silence them.

Mr. [William] Noye, Mr. [William] Whitaker, Mr. [John] Carvile, Mr. [Thomas] Fanshawe, Mr. [John] Saunders, Mr. [James] Clarke, Mr. [John] Lowther, Mr. Berkeley, Mr. [John] Wylde, Mr. [Christopher] Brooke, added to the committee of the Lady [Mary] Bulkeley's bill.

L. 1. An act for confirmation of a judgement given for his Majesty in a scire facias against Henry Heron.

L. 2. An act for confirmation of a judgement given for his Majesty in a scire facias against Henry Heron.

[f. 188] Committed to:

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

All the lawyers of the House added to [George] Morgan's bill, and Mr. [John] Pym.

The Speaker to be here at 2 [o']clock.

A warrant to the Serjeant to fetch up those that arrested Sir Thomas Belasyse's man.

Martis, 4 Maii, post meridiem

SIR WILLIAM FLEETWOOD reports the bill to prevent the murdering of bastard children. The amendments twice read.

Ordered, to be engrossed.

MR. [JOHN] GLANVILLE. A petition exhibited to the committee of privileges against the election of Sir Thomas Hatton, but the parties came not to prosecute.

Ordered, the election shall stand of Sir Thomas Hatton.

Another petition against one of the knights of Middlesex, Mr. Comptroller. They that preferred the petition not able to prove the allegations.

Resolved, that Mr. Comptroller's election shall stand.

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

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

L. 3. An act for naturalizing of David Stanniere, of London.

Upon question, passed.

[f. 188v] L. 1. An act for naturalizing of Sir William Anstruther, Walter Balcanquall and Patrick Abercromby.

L. 2. An act for naturalizing of Sir William Anstruther, Walter Balcanquall, doctor of divinity, and Patrick Abercromby.

Committed to:

Tomorrow, 7 [o']clock, Committee Chamber.

Sir Edward Coke sent up to the Lords with 12 bills, public and private.

[House adjourned]

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

[p. 280]

Martis, 4 Maii 1624

MR. [JOHN] GLANVILLE reporte pur privileges de 3^s villes in comte Buckingham, Amersham, Marlow et Wendover, et Hertford in comte Hertford pur miser burgesses al Parliamente. Par l'opinion del committee par 2^x severall questions, trovert burgesses et garrante pur briefs.

MR. [JOHN] WANDESFORD reporte bill pur chivalers et burgesses pur Durham.

Par SIR EDWARD COKE. Burgesses in autre counties poient este fait par pattente mes in Countie Palatine est safe devoir par acte de Parliamente.

Sur question, deste ingros.

3. L. Bill pur repeale et continewances.

Sur question, passe.

[p. 281] Message del seignours par Sergeante [Sir John] Davies et Sir Charles Caesar [ove 2 bills]:

• 1. Bill publike pur overthrowe de decress pur Henry Heron.
• 2. Bill pur naturalisinge de [Sir William] Anstruther et autres.

Attende le Roy al Whitehall tomorrowe, 2 a'clocke, ambideux Huises.

Order, que Sir Robert Pye et Sir Edward Wardour sera reporte quil benefitte le Roy aver receave pur concelements pur diverse ans passe.

1. L. [et] 2. L. Bill pur confirmacion de judgement pur le Roy sur scire facias versus Henry Heron pur le sole saltinge, dryinge et packinge fishe in le weste parts. Lie le 2nd temps.

Sur question, committe.

Post meridiem

Le Speaker in le chaire.

SIR WILLIAM FLEETWOOD reporte le bill pur murdrante bastarde children.

Sur question, ingrosse.

MR. [JOHN] GLANVILLE reporte pur privilieges. Le burges de Malmesbury [peticion versus] Sir Thomas Hatton recede from it. Sur queston, bon. Pur Middlesex le tiel sur question.

[Sir Edward Coke sent to the Lords with 12 bills:]

• 1. Bill [pur] repeales.
• 2. Bill [pur] shippinge.
• 3. Bill [pur] bankrupts.
• 4. [H]ostlers, inholders.
• 5. River, Colchester.
• 6. [Blank]
• 7. [Blank]
• 8. [Blank]
• 9. [Blank]

[p. 282] Bill pur naturalisinge David Stanniere.

Sur question, passe.

1. L. [et] 2. L. Bill pur naturalisinge Sir William Anstruther, Walter Belcanquall and Sir [sic] Patrick Abercromby ore avoit 2nd readinge.

[Committee of the Whole House]

Mr. Solicitor to the chaire.

5 del commission der guerre, de quix 2 del Privie Counsell, de doner garrants pur largente.

Cession, Satterdaye in Whitsonweeke.

10 July, 1[st] paimente dun subsidie et un fiftene. Sur question, que cy. 2nd subsidie, 2nd fiveteene, 10th of December. 3rd subsidie, 3rd fiveteene, 10 Maii 1625.

Le nominacion de collectors pur fiveteenes accordante al former presidents.

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

[f. 69v]

[4 May 1624]

28 E. 3 the Parliament writ commanded to return those that were returned last Parliament held, a resummons. 5 R. 2 appears the towns laboured, by reason of multitude of Parliaments, to avoid to be returned. Wherefore tempore H. 6 law made to return all. Privilege of boroughs not lost by non-user [sic] and most so returned within 50 years past, and now only Amersham, Marlow, Wendover and Hertford not returned. Served last 38 Ed. 3 but Hertford tempore H. 7.

Durham knights and burgesses. Passed.

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

[f. 190]

Tuesday, 4⁰ Maii 1624

An act for the cleansing and preserving of the river and haven of the borough of Colchester and for the paving of that town. 3. L. This bill is now passed this House. r. p.

Ordered, that the boroughs of Amersham, Wendover and Marlow in the county of Buckingham, and the borough of Hertford in comitatu Hertford, shall [f. 190v] all of them send burgesses to this Parliament and so also for the future, and that Mr. Speaker shall accordingly forthwith send forth his warrant for writs to be sent to those boroughs to return burgesses to this Parliament.

It was proved at the committee that the said three towns in comitatu Buckingham did send burgesses to the Parliament in 28⁰ E. 1 and the borough of Hertford did send burgesses to Parliament in the time of H. 7.

An act for continuing and reviving of divers statutes and repeal of others. 3. L. This bill is now passed this House. r. p.

Ordered, that Sir Edward Wardour and Sir Robert Pye shall make search and certify this House what benefit and profit has come to the King by concealments or on concealed tithes since his Majesty's coming to the crown.

An act for confirmation of a judgement given for his Majesty on a scire facias against Henry Heron and a declaration of a letters patent therein mentioned to be void. 2. L., committed.

This bill came from the Lords. The patent was for the liberty of sole salting, drying and packing of fish, and was called a patent or monopoly de vento et sole. r. p.

Committee, afternoon, 4⁰ Maii, concerning the bill of subsidies

Mr. Solicitor delivers this message from the King: that his Majesty will [f. 191] on Saturday, the 22th [sic] of this month, will [sic] give his royal assent to such bills as shall be prepared to pass at that time for to make it then a sessions [sic], unless we should desire a further or a shorter day for the same.

[f. 225v] That the clergy's bill of tenths is to come from the Lords to us.

[f. 191] Ordered, that the payment of the first entire subsidy and one fifteen shall be upon the 10th of July next, and the second subsidy and the second fifteen shall be paid upon the 10th of December next, and the third subsidy and third fifteen shall be paid on the 10th of May next following.

Sir Robert Phelips moves that there should be a negative clause inserted into the bill of subsidy that the country should be no further charged but with the payment of these subsidies, and another affirmative clause should be that the treasurers for the war should advance money for the impressing, coating and arming of soldiers if need shall be, and that they who are employed in the pressing of men or the raising of them shall give their accounts thereof to the said treasurers.

This committee does advance itself until Friday next, when there shall be further debate for the perfecting of this bill of subsidies, and that a subcommittee shall prepare this business against that day.

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

[f. 75v]

4 Maii 1624, Tuesday

Passed. [Sir] Edward Herne's bill.

Third read, passed. An act to enable Vincent Lowe to sell lands for the payment of their [sic] debts.

Third read, passed. An act for enabling [Edward] Alcock of Cambridgeshire to sell lands to pay his debts and raise portions.

Third read. An act for repairing and maintaining the channel and haven of Colchester and paving the streets.

[MR. JOHN] GLANVILLE reports three petitions for Amersham, Wendover, Great Marlow in Buckinghamshire for returning burgesses. They were all boroughs; then the distinction of Parliament boroughs. 1 Edw. 1st they sent burgesses, until 28 they sent but once.

By question, Amersham, Wendover and Marlow shall send burgesses henceforth, and Hertford.

Two knights for the County Palatine of Durham, the city 2 citizens, Barnard Castle.

[f. 76] [SIR EDWARD] COKE. [Sir John] Fortescue, De laudibus legum Angliae. There was but 300 in the Parliament House in imitation of the senators of Rome. The multitude breeds confusion, yet he sees not why Durham should be left out; but it is most safe rather they have them by bill than by patent.

It is passed, by question.

Order, that the commissioners of sewers shall be certified, and the committee to meet this afternoon to perfect all again[st] Friday.

Third read. The bill for the continuance of the statutes.

Third read, passed. An act for continuing and reviving and repealing divers statutes.

Third read, passed. An act for confirming of a judgement given for his Majesty against Sir Henry Heron.

[f. 76v] At the committee on Tuesday for the subsidies

The Council of War. That before the bill be passed [blank]. 5, 6 or more, whereof 2 of them of the Council to give warrant for the issuing of the money.

For the King's pleasure for the time of our rising, to make a session and concluding of it his Majesty to be at the House on Saturday in Whitsun week.

Whether Mr. Solicitor has modelled out the 2 oaths that are to be given to the Council of War and the treasurers.

[f. 77] Spencer. A motion why the clergy's subsidy is not put into our bill.

The clergy grants their subsidy under seal which is not to be revoked. The act is to pass it for a law.

It is thought fit they be left to themselves.

Sir Thomas Myddelton, because of his special occasions, desires to be spared from the being a treasurer.

Subsidy. The first fifteen and subsidy to be paid the xth of July; the second payment the xth of December; the third payment is the xth of May 1625. Collectors/

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

[f. 121v]

May 4

By the orders of the House, no committee ought to sit after that the Speaker is in the chair. And they are fineable at the pleasure of the House. We ought not to go to the passage of bills whilst the House is thus, and warning ought to be given beforehand.

Bill for maintaining the harbour of Colchester. Passed.

[f. 122] Amersham, Wendover, Marlow in Buckinghamshire petitioned the committee of privileges to be restored, having been ancient borough towns, but discontinued their sending to the Parliament.

To present the number of boroughs it was enjoined to Mr. [William] Noye, [Mr. John] Selden and [Mr. John] Borough. But 3 more that have discontinued.

De quolibet burgo, the writ goes. Lit[tleton] says it. But some boroughs no name not parliamentary boroughs. 49 H. 3. The summons extant, not the returns. 1 E. 1 did send to Parliament. 28 E. 3 they did send too. There were 18 Parliaments [illegible], though there be no returns extant. 28 E. 1 the last time they served. 5 R. 2, 23 H. 6, that the sheriff shall return burgesses of all the boroughs as of old [f. 122v] was accustomed. 23 H. 6 that the sheriff shall make his warrant [that] manucaptors [?and] burgesses should appear had [?wont] to be taken. They did pay among the boroughs, not with county: the one tenth, the other fifteenth. Resolved, that non-user [sic], in respect of the interest of the commonwealth, no forfeiture. Observed that half of the boroughs that serve now have been taken in of late upon the same title. Pontefract and Ilchester restored the last Parliament and served [?2 illegible words]. Appears by a statute in H. 7['s] time that it was a borough and at that time served in Parliament. And resolved by committee Mr. Speaker shall send his warrant for writs.

Resolved, upon question, that Amersham, Wendover, Marlow and Hertford are to send 2 burgesses, and the Speaker [f. 123] to send out warrants for new writs.

Many boroughs have been so poor that they could not send burgesses.

Moved by CHANCELLOR OF DUCHY that in respect the House is so full already and that their right has been discontinued so long since 28 E. 1 and that we have limited the King's title to 60 years, they might not be restored, and that we had more need to entreat enlargement of our House than increase of our number.

[SIR THOMAS] WENTWORTH. Many boroughs accepted and restored upon the very same title. Our safety and liberty consists in our number.

Ordered accordingly.

Solomon says that there is safety in a multitude of counsellors.

Whether Barnard Castle to be enabled to send burgesses. [f. 123v] It is the Prince's town in the bishopric. Hope you'll do him as much honour as bishop. And there are 2 to be sent from Durham.

But it was thought fit that the Prince should not be engaged in such a toy, and such reverence we bear to his name that many are now silent that otherwise would have spoken. He wished it might be hereafter forborne.

[SIR EDWARD] COKE. The King cannot by his letters patents enable a town in a County Palatine to send burgesses, and it is the surest way for other places to be enabled by the Parliament.

Ordered, that shall send.

[MR. JOHN] GLANVILLE thought that in the towns which are now restored, the inhabitants [f. 124] ought to choose.

But the House refused to give direction in it.

Recusants that are in the commission of sewers are to be presented too.

We are not bound by all orders, but such as are made upon the question.

Bill for continuance of some statutes and repeal of others. Passed.

Message from Lords. 2 bills, 1 with recommendation.

Bill for confirmation of a judgement given in a scire facias against H[enry] Heron for [?King].

Bill for naturalization of 3 Scotsmen.

The conference with Lords put off until 4 o'clock tomorrow by reason that the King will speak to them at 2 o'clock.

These laws are continued for a time:

Relief of poor. [f. 124v] A new one to [be] drawn more perfect against the next session.

Husbandry and decay of houses, grow in force. There is a bill for it under commitment. They are to make haste.

Arms, 33 H. 8 repealed because hard law and repealed in Queen Mary's time, but that repealed in King's time, and then the [?first] stepped up again.

Laws concerning:

Highways.

Shipping — inconvenient.

Shooting in [sic] handguns and cross bows.

Under these laws we are to live yet, and fit laws are to be prepared in the meantime to that purpose.

In E. 1['s] time, Edmund, Duke of Cornwall, was complained of for that he had got a patent of drying fish, which was that of selling ventum et solem.

[f. 125] SIR ROBERT PYE. The King shall not lose by the bill of concealments a quarter of a subsidy, and if I and Sir [Edward] Wardour shall be appointed to search what the King has had for these years, which shall be able quickly to inform you.

Ordered.

Bill for confirmation of a judgement given for the King in a scire facias against Henry Heron and for declaration of the letters patents therein mentioned to be void.

Heron's patent was for the sole drying, packing and salting of fish.

This bill had a second reading presently after the first reading.

The bill came down from the Lords. Committed, Court of Wards, at 7 o'clock.

Ordered, that Mr. Speaker may interrupt and silence them that shall speak to divert any of the businesses that ordered to be heard tomorrow.

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

[f. 87]

May the 4th 1624

After the reading of 3 private bills:

For Sir Edward Herne.

For Vincent Lowe.

3. For [Edward] Alcock.

was read:

An act for maintaining of the port and paving of the street of the town of Colchester.

An imposition was laid for 15 years upon all commodities coming into the port, to which exception was taken and answered that it was by consent. But replied this consent was of the inhabitants only and the burden extended to all, as well strangers as inhabitants.

Yet the bill passed.

MR. [JOHN] GLANVILLE made a report touching 4 boroughs which had petitioned to be admitted to send burgesses to the Parliament, viz. Wendover, Marlow, Amersham and Hertford. For the first 3 there were no returns extant since 28 Ed. 1. Hertford sent in 10 H. 7. The reasons for their admittance were the same which had been propounded at the committee (antea fol. [blank]), only are added that it appeared by the 15 rolls 7 E. 3 that these towns did pay as boroughs according to the tenth, not as members of a county according [f. 87v] to a fifteenth.

Mr. [William] Noye, Mr. [John] Selden, Mr. [John] Borough had been appointed to search the records of the Tower to see how many towns were in this case, that we might be provided to answer an information made to his Majesty that there were a great number which sought to be brought in. They had searched accordingly and found but [blank] in all.

MR. CHANCELLOR OF THE DUCHY. If old titles be regarded, all the crowns in Christendom may be questioned, there being none of them which have been confirmed by so long time as since Edward First. We have bound the king's interest to 60 years. Why should we be more favourable in behalf of these boroughs, there being already so many of us that we have more reason to seek to enlarge our house than our number?

It was, notwithstanding, ordered for all four, and the Speaker to make warrants for writs to be directed to them.

The bill for the County Palatine of Durham was reported from the recommitment, and after some debate touching Barnard Castle it was ordered to be engrossed.

It was ordered that in the certificate of recusants in authority, those should be mentioned who were commissioners of the sewers, because in some counties it gave opportunity of drawing dependence upon them and divers kept themselves out of the commission of the peace which would labour to be in that commission.

An act for continuance and reviving of divers statutes and repeal of others. Passed.

A message came from the Lords with bills, viz.:

• 1. For confirmation of a decree for making void the letters patents granted to H[enry] Heron.
• 2. For naturalization of Sir William Anstruther, Dr. [Walter] Balcanquall and Dr. Gragga [sic], and desire of a conference at 4 o'clock touching the bill of monopolies.

The act concerning the revocation of Heron's part [sic] was read twice and committed.

Eodem die, after dinner

Ten [sic] bills were sent up to the Lords which had passed this House:

• 1. For repeal and continuance of statutes.
• 2. Abbreviation of Michaelmas term.
• 3. Provision for bankrupts.
• 4. Maintenance of fishing voyages and the navy.
• 5. Touching [h]ostlers and inn-holders.
• 6. New-erecting of inns.
• 7. Repairing Colchester harbour.
• 8. For Sir Edward Herne.
• 9. [Martin] Calthorpe's bill.
• 10. For [Edward] Alcock's creditors.

An act for naturalizing of [blank] Stanniere.

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

[f. 169]

Tuesday, the 4th of May

Bill for the better maintaining of Colchester haven. Passed.

MR. [JOHN] GLANVILLE'S report from the committee of privileges, touching the right of the boroughs of Marlow, Wendover and Amersham in Buckinghamshire, and Hertford in Hertfordshire, to send burgesses to the Parliament. It appeared that 1⁰ E. 1 they did send burgesses, and 28 E. 1. Question, though the king commanded to choose other burgesses than before but they returned the same. In E. 1['s] time, E. 3, H. 5, H. 6, these three [f. 169v] boroughs paid tenths among the Parliament boroughs.

Within 40 or 50 years, most of the boroughs that now serve came in upon the like title. Pontefract and Ilchester came in last Parliament upon the same terms. And there are but three that remain besides these upon the same terms.

Resolved, upon the question, that writs should go out for the choosing of burgesses to serve in this Parliament.

Bill for knights and burgesses for the County Palatine of Durham to serve in Parliament. Passed.

Question moved whether the commissioners, as sewers, such as were justly suspected of popery should be presented as well as justices of peace, etc.

Resolved by the House, it should be so.

Tuesday afternoon, the committee for the bill of subsidy

Mr. Solicitor. The King's letter read signifying who should be of the Council of War: [Viscount] Grandison, [Lord] Carew, [Lord] Brooke, [Lord] Chichester [of Belfast], [Sir Edward] Conway, [Sir Edward] Cecil, [Sir Horatio de] Vere, [Sir Robert] Mansell, [Sir John] Ogle, [Sir Thomas] Button. 5 or more of them, whereof 2 or more of the Privy Council to give warrant for the issuing of the money. Second, for the time of our abode here, the King resolves to be at the House for concluding [f. 170] the session Saturday in Whitsun week.

The form of an oath read for the treasurers to take touching the disbursing the money.

Question raised whether the subsidies of the clergy should not stand upon the same terms. The dispute left until the act of confirmation of that of the clergy came into the House.

The first subsidy to be paid 10 July; the second subsidy the 10th of December; the third subsidy the 10th of May.

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

[f. 111]

May 4⁰, Tuesday

Upon report from the committee of privileges, three borough towns in Buckinghamshire, Amersham, Wendover and Marlow, were judged to have power to send burgesses to the Parliament. 28⁰ Edwardi 1ⁱ they had burgesses in Parliament. There followed a non-usage for 19 or 18 Parliaments in regard of the poverty of those towns. That was thought no argument to debar them of their right now, since they were able and requested to have it.

Ergo, it was resolved, upon question, and order given to the Speaker for writs to issue out for election of burgesses to serve for them in Parliament.

Many boroughs that now enjoy this privilege have been brought in within these 40 years. These must also be received or those turned out again.

Also, old Hertford had burgesses 20⁰ Henrici 7^mi but by discontinuance had lost their privilege, and suing now for it, it was resolved, by question, they should re-enjoy it.

For the bringing in of these towns these arguments did persuade. The first summons of Parliament found upon record is 49⁰ Henrici 3^tii, where it appears that the King commanded that for every city there should come 2 citizens and for every borough 2 burgesses, and the same form of summons has continued ever since. By the forms of our writs we [f. 111v] learn what the law is in many cases. And by this constant form of the summons of Parliament, we are taught that every borough within the kingdom has right to send burgesses to the Parliament.

Some are of opinion this was the first time that the Commons were summoned, being the year that the battle of Evesham was fought, but that Magna Carta, which was made 9⁰ Henrici 3^tii was by the assent of the Council. 25⁰ Ed. 1, cap. 1, made by common assent and 15⁰ Ed. 3^tii, cap. 1, made by assent of loyalty [sic]. See the Saxon laws vouched in Lambert's [blank].

This appears also by Littleton in his title of Burgage in these words, fol. 35: “It is to weete that the ancient towns called boroughs be the most ancient and eldest towns that be within England, for the towns that now be cities and counties in old time were boroughs and called boroughs, for of such old towns called boroughs came the burgesses of the Parliament to the Parliament when the king has summoned his Parliament.”

Out of these words we may collect these things. First, that to be a borough in name only and in reputation, as there are many grown to be in latter time, is not title enough to send burgesses to the Parliament, for he says that such towns as in old time were boroughs and are called boroughs did send burgesses. And in the end of the same chapter, he says that every town is not a borough but every borough is a town. Secondly, that when the king did summon a Parliament, those boroughs did send burgesses by virtue of the common summons, by their title of being boroughs.

To this purpose also is the statute 5⁰ Rich. 2^di, cap. 4, and all and singular persons and commonalties which from henceforth shall have the summons of Parliament, etc., shall come to the Parliament as they have been accustomed within the realm of England in old time. And every person and citizen of city, burgess of borough absenting himself shall be amerced and otherwise punished as in old times has been used to be done. And if any sheriff be negligent making returns [f. 112] of writs of the Parliament or that he leave out in the said returns any cities or boroughs which be bound to, and of old time were wont to, come unto the Parliament, he shall be punished in manner as was accustomed in the said cases as in the time past.

As for the particular argument and condition of the three towns of Wendover, Amersham and Marlow, being in the county of Buckinghamshire, now admitted, they stood all in the same case. Their desire is to be restored to their ancient right of sending burgesses to the Parliament. For argument we will offer unto you matter of record and matter of other motives.

That these towns have sent burgesses: records, we have 2. The first, 1⁰ Ed. 1^mi; the 2nd, 28⁰ Ed. 1^mi. By that of 28 Ed. 1 it appears that all these towns did send burgesses to the Parliament before, which was 27 Ed. 1, though there be no such record now to be found.

Observations upon these records which tend to the maintenance of the right of these towns to send burgesses. 49 Hen. 3, first summons. From the 3rd of Rich. 2nd to 33 Hen. 8, 96 Parliaments, but 33 returns. From 33 Hen. 8 until these times, the bundles of returns of Parliament writs are reasonably well kept, and yet there are above 10 missing, which is one third part. But before that time of above 160 Parliaments, we have not 30 bundles of writs. None in the reign of Ed. 2nd, Ed. 3rd, Rich. 3rd and Hen. 7, and but one in the long reign of Hen. 8. For boroughs to return burgesses one Parliament and to omit them another and then to return them again was a thing usual in former times, as the sheriff was a friend to the town or otherwise, for the towns did not willingly, in regard of the charge, send burgesses in those days. Many towns not mentioned in the returns which did send, as appears by the writs for their wages. 1⁰ Ed. 1^mi Wycombe sent, 26⁰ Ed. 1^mi not, 27⁰ Ed. 1^mi sent, 28⁰ Ed. 1^mi sent, at this day sends.

An act for the county of Durham to make election of 2 knights to serve in Parliament for that county, which never had any before, together with 2 burgesses for the town of Durham and 2 for Barnard Castle.

The knights were willingly assented unto but the burgesses with some difficulty because it was conceived the bishop would have the greatest stroke in making for the former place, and the Prince, whose that manor was, for the latter.

[Sir John] Fortescue, an old author, said at the first this House consisted of 300 knights and burgesses, according to the number of the senators of Rome, but now they are come to 471 besides these new additions.

[f. 112v] Ordered, to put in and present such as are in the commission of sewers into the general presentment of recusants convicted and suspected.

An act for the continuance and reviving of certain statutes and the repeal of divers others. Passed.

[Afternoon]

An act concerning [h]ostlers and inn-holders. Sent up then but passed formerly.

An act for the better ordering of inns. Sent up then also but passed before.

An act about the haven of Colchester.

An act for the sale of Sir Edward Herne's lands.

An act for the sale of Rampton in Cambridgeshire. [All] sent up then also but passed before.

An act for the naturalizing of David Stanniere, born in Cologne. Passed.

An act for the naturalizing of Sir William Anstruther, Dr. [Walter] Balcanquall and Patrick Abercromby. This bill began above and so they were not called upon below either to take the oath or to bring in certificate that they had received the sacrament within a month before, which is otherwise the order.

[Committee of the Whole House for the subsidy]

The times of payment for the subsidies: July the 10th, December 10 and May the 10th.

The clergy, not running the way of the Commons, leave their moneys at the King's disposing.