19th May 1624

WEDNESDAY, 19 MAY 1624

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

[CJ 705; f. 42]

Mercurii, 19⁰ Maii, 22⁰ [Jacobi]

L. 1a. An act to enable Toby Palavicino, esq., to sell certain lands for payment of his debts and preferment of his wife and children.

L. 1a. [Blank]

L. 1a. An act to make the lands of Lionel, Earl of Middlesex, subject to the payment of his debts, etc.

L. 1a. [Blank]

L. 2a. [Blank]

Committed to:

This afternoon, Court of Wards, 2 [o']clock.

L. 3a. An act for naturalization of Sir William Anstruther, kt., Walter Balcanquall, doctor in divinity, and Patrick Abercromby, esq.

Upon question, passed.

[f. 42v] L. 2a. [Blank]

Committed to:

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

MR. [WILLIAM] MALLORY moves a committee to consider of the patent of the keeping of the gaol for York, or of the copy thereof. And Mr. Brackyn to be required to attend the committee, and to have counsel.

Tomorrow, 2 [o']clock, in Court of Wards.

The like to be done for Lancashire and Worcestershire gaols, whereof patents are granted. The patents to be brought in to the committee, and the patentees to attend.

L. 1a. [Blank]

Committed to:

Tomorrow, 2 [o']clock, in the Exchequer Chamber. And the brewers to be heard by their counsel, if they will bring any.

The business for survey of seacoals to be heard by the committee for grievances tomorrow in the afternoon in the House, which is to sit for that purpose; and the committee for trade to sit after that is finished.

L. 2a. [Blank]

Committed to:

2 [o']clock this afternoon in the Star Chamber.

[f. 43v] L. 2a. [Blank]

Committed to:

Friday, 2 [o']clock, Exchequer Chamber. And counsel to be heard for the bishop, dean and chapter, or any other party interessed.

L. 3a. [Blank]

Upon question, passed.

SIR EDWARD COKE reports from the conference about the Bishop of Norwich. 6 parts of his charge:

• 1. Prohibiting preachers to preach in their churches on the Sabbath-day.
• 2. Setting up of images.
• 3. Praying to the east.
• 4. Punishing some for coming to hear their own minister catechise.
• 5. Extorting unlawful fees, himself having, by his man (register in trust for him), the benefit of all fees himself.
• 6. Not registering institutions.

Gratian's ‘Canons’ not of force here. [William] Lyndwood says, non refert, sive ad orientem, sive ad occidentem, etc.

That the Lord of Canterbury said they would take this into consideration and do that in it which shall be just and give us satisfaction.

[f. 44] SIR EDWIN SANDYS moves the 3 in the chair, for grievances, courts of justice and trade, may yield an account how things stand in every of them, and to resolve of some course in them.

SIR EDWARD COKE. 8 grievances, 7 of right and justice, the 8th of grace.

• 1. Sir Ferdinando Gorges.
• 2. The new incorporation of Gold Wyre Drawers. An ancient company of them, parcel of the Goldsmiths' Company of London. These enforced to leave their trade or come into the new corporation. This restraint unlawful. They brought in no bullion. The commodity dearer than before, 6d. first and after 4d. ob. imposed upon every ounce of, etc.
• 3. Concealments. By the King's Book, not to be granted to any, yet Sir John Townshend had got a patent.
• 4. Briefs. Intolerable in number, disturb divine exercises, many of them false.
• [CJ 706] 5. The Apothecaries separate from the Grocers without the consent of the major part. Engrossed to themselves all drugs and distilling of waters within London and 7 miles.
• 6. Sir John Meldrum's patent for Wintertonness lighthouse. A lighthouse formerly erected there by the Trinity House, and yet the patent recites there was want of one more. The Trinity House only 6d. for 20 chaldron; Sir John Meldrum, 3s. 4d. Stay their cockets and so disturb trade. Take of those which have no benefit of this light.
• 7. Sir S[imon] Harvey. Making out warrants for malt. Taking lings of [Mark] Quested unlawfully. Oppressing some counties with carriages after composition with the adjacent counties. The composition money in divers counties, as now complained of, unpaid. The King's Household now in worse state by £20,000 than when he entered. Cozened Lichland of £530. His pretence of saving the King £8,000 per annum turned to his prejudice.
• 8. Of grace, for the Court of Wards. To re-establish the first orders in the Court of Wards, and revoke the last.

[f. 44v] Moved the course for the benevolence may be considered of. So for the Clerk of the Market, survey of seacoals, imposition upon brewers.

SIR FRANCIS BRANDLING moves the owners of grounds where seacoals are gotten may be admitted into the Company of the Hostmen of Newcastle, whereby better coals will be served to the commonwealth.

An order read here, presented by SIR FRANCIS [BRANDLING], to this purpose.

Resolved, in regard we have spent extraordinary much time about the bill of subsidy, by reason of the new frame of it, and in respect of the great business of trade now in hand, to desire the Lords to join with us in petition to the King for a week's longer time.

MR. SOLICITOR. To add a 3rd reason: that we will meddle with no other business than those now in force. The multitude of the bills we have sent up to the Lords to be our other motive.

Ordered, to entertain no new matter in any private cause, but to perfect that which we have in hand.

The former committee in the Lord Montagu's bill to consider whether there be reason for the £1,000 for Sir Francis Englefield as for the £500, and report the same to the House. And the former order in the meantime to be suspended.

Mr. Ferdinando Huddleston (being no justice of peace in Cumberland) to be spared.

The Lord Viscount Purbeck, upon testimony in the House of his good affection in religion, and that he has prayers in his house and keeps a preacher there, to be spared.

Sir Thomas Russell added, by order, being a lieutenant and a justice of peace in Worcestershire.

Upon question, this preamble allowed, and the names now read to be presented to the Lords. To request them to join with us to the King in this petition.

[f. 45] SIR EDWIN SANDYS reports from the Lords that their House much desired all correspondency with this House, and that the reasons, which this House very justly and wisely had used, for desire of a longer time. Yet, having received a peremptory message from the King to end this session on Saturday, they could neither give us hope of speeding in our petition, nor could join with us, yet had entreated the Prince to impart these reasons to the King, and to mediate with him. But desired us to further all the public service that we may perfect it against Saturday.

SIR ROBERT PHELIPS. That in Mrs. Thomas's case, the Lord Keeper's decree held by the committee very just, and his Lordship freed from all the corruption charged upon him by that petition. The only point unheard is the execution of that decree. Desires to report Mrs. Grice and Dr. [John] Lambe's business tomorrow.

MR. [ROBERT] BATEMAN moves the House may sit every day in the afternoon during this session.

Moved, a select committee may view the petitions exhibited.

These committees to take consideration of all the petitions, and a catalogue to be made of them and to be delivered to the Clerk, to be kept. Friday, 7 [o']clock, in the Court of Wards.

SIR EDWIN SANDYS. That the committee has agreed upon all matters of trade except one business, which will be dispatched in some two hours.

The report of the matter of trade to begin tomorrow morning, half [an] hour after 8 [o']clock.

[f. 45v] [Edmund] Nicholson to be here with his patent this afternoon, and the business of trade to be then handled.

The lawyers that spoke in the matter of the pretermitted custom to draw up the petition to be brought in with all speed. Mr. [Henry] Rolle, now in the House, to take special care of it. Court of Wards, 7 [o']clock, tomorrow morning.

Mercurii, 19⁰ Maii, 22⁰ Jacobi, post meridiem

L. 3a. An act for relief of the master, wardens and commonalty of the art or mystery of Feltmakers of London, against a decree made in the High Court of Chancery at the suit of Christopher Warwick, gent.

Upon question, passed.

L. 3a. An act for naturalizing of Sir Francis Stewart, Walter Steward, James Maxwell, William Carr and James Levingston, esqs.

Upon question, passed.

L. 3a. An act to avoid the exactions and extortions of customers, surveyors, collectors, searchers, waiters, clerks and other officers employed in or about the customs and subsidies of our Sovereign Lord the King.

Upon question, passed.

L. 3a. [Blank]

Upon question, passed.

SIR EDWIN SANDYS reports the opinion of the committee for trade that if the Merchant Adventurers will not buy the white cloths within 6 weeks, that then other merchants may buy.

Upon question, the opinion of this House is declared, that if the Merchant Adventurers will not buy the white cloths within a month brought to Blackwell Hall, that then other merchants shall have liberty to buy.

Upon a second question, no merchant stranger to take any benefit of this, or any the former enlargements, but to remain in the same state as they now are.

[f. 46] Upon a 3rd question, the patent of the Merchant Adventurers, as now it is, a grievance both in the creation and execution, and therefore a petition to his Majesty to declare it accordingly; and to grant them a new patent, according to the opinion of this House, declared in the particulars before resolved by this House.

Upon a 4th question, the King to be also petitioned to take some course for redress of the impositions laid by the Archduchess and United Provinces upon our cloths.

Upon a 5th question, the King to be also petitioned that the Merchant Adventurers may have 50,000 cloths per annum freely, where now they have only 30,000 cloths per annum, and that if the Merchant Adventurers will not buy, the other merchants may have this privilege of 50,000 white cloths.

Upon a 6th question, the King to be petitioned to reform the undue exaction of fees by customers, etc., as well going from port to port as beyond seas.

Sir Edwin Sandys and Mr. [Nicholas] Ferrar to draw up this petition.

[CJ 707] [Edward] Egerton and [Sir Roland] Egerton. Friday next, 2 [o']clock, Court of Wards.

Mr. [Edmund] Nicholson called in to the bar and required by the Speaker to deliver in his patent which he has out of the pretermitted custom to be considered of by the House, which he accordingly delivered.

to consider of this patent, and what fit to be done to Nicholson, the projector. And he enjoined to attend the House de die in diem. And this committee to search precedents for punishment of projectors in like cases. This to be brought in upon Friday next.

L. 3a. An act for moor-burning.

Upon question of passage, rejected.

[House adjourned]

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

[CJ 790; f. 203]

Mercurii, 19 Maii 1624

L. 1. An act to enable Toby Palavicino, esquire, to sell lands for payment/

L. 1. An act for the confirmation and continuance of hospitals and free schools.

The committee sent up to the Lords about the conference concerning the Bishop of Norwich.

L. 1. An act to make the lands of Lionel, Earl of Middlesex, subject to the payment of his debts.

[f. 203v] L. 1. An act for the assuring of a messuage called York House and of divers other messuages and tenements, part of the possessions of the Archbishop of York, situate in the parish of St. Martin's-in-the-Fields in the county of Middlesex unto the King's most excellent Majesty, his heirs, successors and assigns, and of the manors or lordships of Brighton, Acomb.

L. 3. An act for the naturalizing of Sir William Anstruther, [Dr.] Walter Balcanquall and Patrick Abercromby.

Upon question, passed.

[Blank]

SIR JAMES PERROT. According to the order of this House, he and the rest did attend the Lord Archbishop about the book of Doctor [Richard] Montagu. He returns great thanks to this House for their great care and will take such order [?in] it as shall give this House satisfaction.

L. 2. An act to enable Toby Palavicino to sell lands.

Committed to:

This afternoon, Court of Wards, 2 [o']clock.

[f. 204] L. 2. An act for confirmation and continuance of hospitals and free schools.

Committed to:

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

MR. [WILLIAM] MALLORY moves to have a committee to take into consideration the patent for the gaol of York. Mr. Brackyn to be required to attend, and counsel to be heard.

Ordered.

The like for Lancaster and Worcester gaols. The patents to be brought to this committee.

L. 2. An act concerning brewhouses about London and Westminster.

Committed to:

Tomorrow, 2 [o']clock, Court of Wards, Exchequer Chamber [sic]. And the brewers to be heard by their counsel, if they will.

Survey of gaols to be heard by the committee of grievances tomorrow in the afternoon in the House, and the committee of trade to sit after.

L. 2. An act/

[f. 205v] SIR EDWARD COKE reports from the Lords about the Bishop of Norwich. Have related the whole charge to the Lords, consisting of 6 heads:

• 1. Putting down of preaching.
• 2. Setting up of images.
• 3. Praying to the east.
• 4. Punishing some for coming to hear their own minister after evening prayer catechise and sing psalms.
• 5. Extorting of undue fees.
• 6. Not registering institutions and inductions.

Answer was that they would take such order herein as should appertain to justice and our satisfaction.

SIR EDWIN SANDYS. To have an account given to the House from the 3 grand committees how the business stands.

SIR EDWARD COKE. Will give account of his part. Have found 8 grievances, 7 of right, the eighth of grace.

• 1. Sir Ferdinando Gorges's patent.
• 2. The Gold Wyre Drawers of London.
• 3. Sir John Townshend's patent.
• 4. Briefs.
• 5. The patent of the Apothecaries.
• 6. Sir John Meldrum's patent for Wintertonness lights.
• 7. Sir Simon Harvey's many abuses.
• 8. Of grace, for the Court of Wards; that the new instructions may be revoked, and the former amended.

SIR WILLIAM SPENCER. One great grievance fit to be put in; matter of benevolence against a statute law.

SIR FRANCIS BRANDLING moved the owners of seacoals may be admitted into the Company of the Hostmen of Newcastle.

Resolved, in regard we have spent extraordinarily much time in the bill of subsidy by reason of the new frame of it, and in respect of the great business of trade now in hand, we desire the Lords to join with us in petition to the King for a week's longer time.

[f. 206] Sir Edwin Sandys sent up to the Lords with this message.

Ordered, that no new matter shall be entertained in any private cause, but to proceed with that business which the House is already possessed of.

The committee for my Lord Montagu's bill to consider whether there be the same reason for a letter to be written to the Lord Montagu in the behalf of Sir Francis Englefield for the discharge of the £1,000 as for the £500, and to report their opinions to the House.

SIR THOMAS HOBY presents to the House the petition to be presented to the King for removing those from any place of charge or trust that are recusants, or justly suspected. Read.

Lord Viscount Purbeck to be spared.

The petition and the names allowed by the House.

SIR EDWIN SANDYS reports from the Lords. Delivered his message, had this answer. Their House did much desire all good correspondence with this House. Had well weighed our reasons, found them weighty; but, having received a peremptory message from his Majesty to make an end on Saturday next, they could give us little hope. Notwithstanding, they had desired the Prince his Highness to inform his father of our desire and our reasons. Desired us to have the business of the commonwealth as much speeded as may be.

SIR ROBERT PHELIPS. Since our time so short, will give an account of the businesses of the committee for courts of justice.

[f. 206v] [Blank]

MR. [EDWARD] ALFORD. To have a committee to take the petitions into consideration that have not been yet handled; that we leave not suitors in worse case than they were before.

Sir Robert Phelips to make his report tomorrow morning.

This committee is to take into consideration of all the petitions exhibited not yet examined. A catalogue to be made of them and to be all [CJ 791] delivered in to the Clerk to be kept to the next session. Friday, 7 [o']clock, Court of Wards.

Sir Edwin Sandys to make his report for trade this afternoon. The Speaker to be here, and [Edmund] Nicholson to attend this afternoon with his patent.

The lawyers of the House to draw a preamble for the petition of right of the pretermitted customs. Mr. [Henry] Rolle to take the care of it. And to meet tomorrow morning, 7 [o']clock.

Mercurii, 19 Maii, post meridiem

L. 3. An act for relief of the master, wardens and commonalty of the art or mystery of Feltmakers of London against a decree made in the High [f. 207] Court of Chancery at the suit of Christopher Warwick, gentleman.

Upon question, passed.

L. 3. An act for the naturalizing of Sir Francis Stewart, Walter Steward, James Maxwell, William Carr and James Levingston.

Upon question, passed.

L. 3. An act to avoid the extortions and exactions of customers, comptrollers, surveyors, collectors, searchers, waiters, clerks and other officers or persons employed in or about the customs and subsidies of our Sovereign Lord the King.

Upon question, passed.

L. 3. An act to reverse a decree made in the Court of Whitehall, commonly called the Court of Requests, between John Edwards the elder, esquire, complainant, and John Edwards the younger, son and heir apparent of the said John Edwards the elder, and Richard Sherborne, defendants, bearing date the second day of July now last past. And for the making void of certain provisos, comprised in an indenture tripartite, made for the settling of the lands of the said John Edwards the elder.

Upon question, passed.

Upon question, resolved as the opinion of the House that if the Merchant Adventurers buy not up the white cloths within a month after they come up, then other merchants should have liberty to buy and transport them. The merchant strangers to have no benefit by this but to be in the same state they were before.

[f. 207v] The patent of the Merchant Adventurers to be presented to his Majesty in a petition of grievance with desire of a proclamation for declaration of all these particulars agreed on by the House.

Resolved, to have a petition exhibited to his Majesty concerning the foreign impositions on our cloth by the Archduchess and the States.

His Majesty likewise to be petitioned to give licence to the Merchant Adventurers for transporting 50,000 cloths a year; and if the Merchant Adventurers buy not within the month, then other merchants to have the benefit of it.

The King to be petitioned about the exacted fees of the customers and other officers.

Sir Edwin Sandys and Mr. [Nicholas] Ferrar to draw up this petition to be preferred to the King concerning this particular.

[Edward] Egerton's bill. Friday, 2 [o']clock, Court of Wards.

[Edmund] Nicholson, called in, delivered in his patent.

to consider of this patent and of what is fit to be done to Nicholson, the projector, who is enjoined to attend the House de die in diem. This committee to search precedents for punishment of such offenders. This to be brought into the House upon Friday next.

L. 3. An act made for continuance of the statute made in the 7th year of the King's Majesty's reign against burning of ling and heath and other moor-burnings in the county of York, Durham, Northumberland, Cumberland, Westmoreland, Lancaster, Derby, Nottingham, Leicester and Wales at unseasonable times of the year; and for some addition to be made thereunto.

[f. 208] Upon question, rejected.

[House adjourned]

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

[p. 293]

Mercurii, 19 Maii 1624

Conference ove les seignours touchante le evesque de Norwich et bill de monopolies.

Message al seignours par Sir Edwin Sandys pur joiner en peticion al Roy pur longer temps. Al quil le seignour Keeper responde que le Roy avoit declare que null longer jour voet este grante, mes desire le Prince de mover le Roye pur longer joure.

Order, que le Speaker seiera forenoone et afternoone, et que cest afternoone le reporte sera fait pur trade.

Order, auxy que touts les peticons serant reveiwe que sont in le Huise, et serant reduce al heads et prepare, deste presente al Huise et davoir proceedinge si soit requisite.

SIR R[OBERT] PHELIPS open parte [?de] son reporte pur [Robert] Grice et Mistress Thomas et est order de parfiter cest tomorrowe en cest committee de greevances pur courts de justice, est conceave petite ou null beneiftte, et grande dealyes use par SIR ROBERT PHELIPS al discontente de diverse suitors et grande wronge al commonwealthe.

[p. 294] In the afternoone

The Speaker in the chaire.

SIR EDWIN SANDYS made reporte for matter of trade and diverse particulers. Upon severall questions resolved and ordered, together with the pretermitted customes, the pattente of Marchante Adventerers to be al presented to the Kinge as greevances.

Bill for burninge hethe and linge in Yorkshire, etc. 3. L.

Sur question, rejecte[d].

[MR. WILLIAM] NOYE. Le cause of it, for he sayde it was a pointe of unknowne philosophie that fire did raise windes and stormes, and that men for hethe poultes and birdes' nestes did more esteeme of there sporte then of corne and pasture to benefitte men and beastes.

Sir Thomas Belasyse did put in and prosecute this bill. Sir Thomas Wentworth againste it. So for these causes it was rejected.

[Edmund] Nichols[on] broughte in his pattente for pretermytted customes, and a committee appointed to searche for presydents for punishment of this projector.

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

[f. 140v]

Wednesday, the 19th of May

Seven grievances to be presented to the King reported by [SIR EDWARD] COKE:

• 1. Sir Ferdinando Gorges's patent for fishing in New England.
• 2. [Matthias] Fowle's patent of Gold Wyre Drawers.
• 3. Sir John Townshend's patent against pretenders of concealments [f. 141] and defective titles, whereby he thought to have swallowed 14 hospitals.
• 4. Against briefs for collections in churches.
• 5. Against Apothecaries, who have monopolized the buying of drugs and distillation of waters.
• 6. Against Sir John Meldrum's patent for Wintertonness light upon the coast for a seamark.
• 7. Concerning Sir Simon Harvey's abuses.

They that deal with parallels; a little error in the beginning makes a great one in production.

SIR EDWIN SANDYS moved the session being so near concluding, that the three presidents of the great committees (viz. himself for that of trade, [Sir Edward] Coke for that of grievances and [Sir Robert] Phelips for that of the courts of justice) should shortly deliver in their presentments and reports.

[SIR EDWARD] COKE added for the eighth grievance the new instructions in the Court of Wards brought in by the [Lord] Treasurer.

SIR WILLIAM SPENCER remembered the grievance of the benevolences.

[MR. WILLIAM] MALLORY added 3 grievances:

• 1. That of the Clerk of the Market.
• 2. That of the patent of imposition upon coals (the Duke of Richmond's).
• 3. That of the patent of 4d. or 8d. upon a sack of malt.

Presented for papists bearing office, the earls of Rutland and Northampton and Castlehaven; Sir Thomas Compton and his Lady, the Countess of Buckingham; Viscount Purbeck; the Lord Scrope, etc.

The patent of the Eastland Company bears date the 7th of August in the 21 of the King.

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

[f. 207]

Wednesday, 19⁰ Maii 1624

An act for making of the lands of Lionel, Earl of Middlesex, subject to the payment of his debts, etc. 2. L.

This bill is to make his lands liable to the payment of all fines, forfeitures and to the giving satisfaction and restitution to persons wronged according to such rate and proportion as the Lords in this Parliament shall order. This bill committed [sic].

An act concerning brewhouses in and about London and Westminster. 2. L.

This bill came from the Lords and is recommended by the Prince. Committed. Rejected per Commons [sic].

MR. AUDITOR SAWYER would have the Earl of Middlesex's bill well considered of, for if any man shall beg the said Earl's fine and so because the King has right of priority of extent, such man may extend all the said Lord's lands and so defeat his creditors.

[f. 207v] An act for assuring of a messuage called York House and other tenements thereto belonging in the parish of St. Martin's-in-the-Fields, London, to the King's Majesty, and the manors of Brighton, Akom alias Acomb, with Holgate and the grange called Beckhey Grange in the county of York. 2. L., committed, to sit Friday, and the counsel of the bishop, dean and chapter of York to be heard and notice to be given to the parties whom it concerns. r. p.

An act for the sale of the manor of Abbots Hall in comitatu Essex, late the possession of Sir James Poyntz, kt., for the payment of his debts according to the last will and testament of the said Sir James Poyntz. 3. L. This bill is now passed this House. r. p.

SIR EDWARD COKE reports from the conference this day had with the Lords concerning the complaints against the Bishop of Norwich.

• 1. For prohibiting preachers to preach in their own parish.
• 2. For erecting of images and the picture of a dove hovering over the font when children are baptized.
• 3. For commanding all to pray with their faces to the east and punishing such as prayed otherwise.
• 4. For the acknowledgement he wrought with his own hand that it was a sin against God to sing psalms and to be at catechizing in the minister's house.
• 5. For extortion against the canons made in 1697 [sic] and confirmed afterwards.
• [f. 208] 6. That he takes greater fees for institutions, yet he commands not that the presentments be recorded, which is or may be the overthrow of any man's interest in any benefice or no.

That though Gratian said prayer should be made with the face towards the east, yet [William] Lyndwood, who was our countryman, said it was necessary/

That the Lord of Canterbury said that he thought our House expected no answer now, but we should hear that their Lordships would take care of it and do in it according to justice.

SIR EDWIN SANDYS says that unless there may be some addition of time for our sitting, we shall have an exclusion instead of a conclusion.

SIR E[DWARD] COKE says that the committee appointed to draw the petition of grievances has found 8 grievances, 7 whereof are of justice and right, and the 8th is of grace.

2. [sic] Second grievance is the corporation of Gold Wyre Drawers. That this corporation grew out of the ashes of a monopoly. Passed this House.

First grievance is the patent of Sir Ferdinando Gorges for the sole fishing at New England. Passed by vote of this House to be presented as a grievance to the King.

Third grievance is the patent of Sir John Townshend concerning concealments and defective titles. Passed this House.

[f. 208v] Fourth grievance is are [sic] the licences called briefs granted under the Great Seal for begging of money in churches. Passed this House.

Fifth grievance is the Apothecaries' patents, who had a monopoly to exclude all grocers (of whose company they have been heretofore) from making any kind of distilled waters or buying and selling of drugs. This is passed by vote.

Sixth grievance, letters patents of Sir John Meldrum for the lighthouse at Wintertonness in comitatu Norfolk. Passed by vote of this House.

Seventh grievance are Sir Simon Harvey's abuses towards the King and the subjects for taking purveyance of malt without warrant and paid not for the same; secondly, for taking 2,800 lings from [Mark] Quested wrongfully on pretence of the King's service; thirdly, for overcharging of Hampshire, Essex and Hertfordshire with carriages; fourthly, not paying the undertakers of provision for oxen according to the commission of his Majesty for that purpose, to their utter undoing; fifthly, it has been alleged that £20,000 will not reduce things in his Majesty's Household to so good order as it was before he meddled therein; sixthly, that Sir Simon has craftily and treacherously cheated and cozened Lichland (being one of his Majesty's servants) of five hundred pounds.

By vote, all these are to be put into the petition of grievances.

Eighth petition is that of grace, that his Majesty will be pleased of his grace to revoke the later instructions of the Court of Wards and to regulate the former instructions as in his Majesty's princely wisdom shall be thought fit.

Passed by the vote of this House, that all these grievances/

[f. 209] SIR WILLIAM SPENCER would have it added to the petition of grievances that there may be no more benevolences required, and that letters to that purpose may not be directed to justices of the peace, for that such letters command what does directly cross the oath of a justice of peace to perform the same, so as justices of peace are forced either to offend God or man; and that such returns, rewards or writings which concern benevolences may be taken off from the file in the Exchequer that there may be no precedent thereof left to posterity. That this is a great and general grievance.

SIR FRANCIS SEYMOUR would have us desire the Lords to join with us in a petition to the King that we might have a week longer, and that we might only go on with general bills and the petition of grievances to perfect the same against that time.

SIR ROBERT PYE would have it laid down for a reason to move the King because we have spent so much time about the bill of subsides, which is of a new form.

SIR E[DWIN] SANDYS added another reason, for that the business of trade is not yet perfected but much done in it which may otherwise be the worse.

[f. 209v] Other reasons to move the King to grant us a longer day for the conclusion of our sessions [sic] are that we will embrace no new business but only perfect those we now have. Then, that we expect a pardon and are to pass our bill of subsidies and the clergy's tenths, and that we conceive that their Lordships, having had a multitude of businesses, will the sooner join with us in a petition for a further time.

Sir E[dwin] Sandys is sent to desire the Lords to join with us in a petition to the King for a further day on the reasons before alleged.

Ordered, that no private business shall be embraced in the House henceforth, but we shall only tend to perfect those we have here already.

Resolved and ordered, on the question, that the petition prepared by the committee concerning such papists as hold any place of trust and charge in their country and the names returned by the same committee shall be at a conference imparted to the Lords, and that we shall desire their Lordships to join with us in a petition to the King that such papists or suspected persons may be put forth of all commissions and places of trust.

SIR E[DWIN] SANDYS reported from the message sent to the Lords to join with us in a petition to the King for a longer day for conclusions of this sessions [sic], that the Lord Keeper said that the Lords do desire to continue correspondency with us, that the reasons we offered for a longer time of sitting were very weighty, but their Lordships having lately received a peremptory resolution from the King that he would have an end of the sessions [sic] on Saturday next, so as their Lordships cannot promise us any good success [f. 210] in our petition, neither join with us. But the Prince will move his Majesty herein and it may be when the King shall understand of our weighty reasons he will be moved to give us further time. But howsoever, their Lordships will hasten for a conclusion against Saturday and desire us to do the like.

SIR ROBERT PHELIPS reported from the committee of courts of justice that the decree against Mistress Thomas was held by the committee to be just and good, and the Lord Keeper was by the same committee cleared and freed from having received any bribe or from any suspicion in that business, but the execution of that decree was not by the same committee resolved but it was that part which was likeliest to yield relief to the gentlewoman.

This business is left unresolved on until another time to be debated on.

A select committee appointed and ordered to take into their consideration all petitions delivered unto the committees of this House and a catalogue to be made of them and delivered to the Clerk to be kept until the next sessions [sic]. To meet Friday, 7 [o']clock, morning, Court [of] Wards.

Ordered that [Edmund] Nicholson shall be here with his patent of the pretermitted custom this afternoon.

[f. 210v] We[d]n[e]sday, 19⁰ Maii 1624, in the afternoon at the House

An act for reversing of a decree made in Chancery against the Feltmakers. 3. L. Passed this House.

An act for the naturalizing of Sir Francis Stewart, Mr. Walter Steward, James Maxwell, esq., and Mr. William Carr. 3. L. r. p. Passed this House. r. p. [sic].

An act against the execution of fees by customers, comptrollers, etc. 3. L. Passed this House. Dormit Lords.

An act for reversing of a decree made between [John] Edwards, the father, and [John] Edward[s], the son, in the Court of Request[s]. 3. L. Passed this House.

Concerning the Merchants [sic] Adventurers' sole trading in white cloths, SIR EDWIN SANDYS wishes that some of the members of this House may be appointed against another sessions [sic] to consider of some fit and good clauses and articles for the better government of trade, which may be another sessions [sic] be here debated and established by an act. But he doubts not but the King will (if we do not) provide some order for government of trade.

Resolved and declared to be the opinion of this House, that if the Merchants [sic] Adventurers will not buy up the white cloths within a month after they are brought to Blackwell [Hall], that then it shall be lawful for any merchants to buy up the same; and that the merchants strangers shall continue in the same state they were before this Parliament.

[f. 211] Resolved, by question, by this House, that among the petition of grievances it should be inserted that a petition shall be exhibited to his Majesty that the Merchants [sic] Adventurers' patent, as now it is, is a grievance, and to beseech that it may be called in and that his Majesty would, by a proclamation, make a public declaration that that company should be continued with such limitations and clauses as are before by this House thought good and allowed of.

Resolved, by question, that it is fit that a petition should be preferred to his Majesty against the impositions laid on cloth and the manufactures by the Archduchess and the Low Countrymen, and to desire that his Majesty will be pleased to take some course that it may be taken away.

Resolved, by question, that it is fit there should be a petition to the King that the licences which the Merchants [sic] Adventurers have for the buying of 30,000 white cloths may be enlarged to 50,000 white cloths with this: that if the Merchants [sic] Adventurers will not buy up the cloths, then every merchants that will may buy the same.

Ordered, that Sir E[dwin] Sandys and one Mr. Nicholas Ferrar, who himself names (by the leave of the House), shall draw up these petitions to the King concerning trade.

[f. 211v] Mr. [Edmund] Nicholson, being at the bar, is required and does deliver into the House his patent of £1,000 per annum granted to him and Sir Thomas Morgan out of the pretermitted customs.

Ordered, that a select committee of the lawyers of this House shall consider of this patent delivered by Nicholson and consider of precedents what punishment has been inflicted on such projectors as Nicholson. And that Nicholson shall be commanded to attend the House de die in diem.

An act for continuance of a statute made in 7⁰ Jac. against the burning of heath and ling in diverse parts of the north country, with additions to the same act. 3. L.

This bill is rejected because it was [?considered] to be to the prejudice of the country whose cattle where heath is burnt can have food of grass, which by the burning of the heath is increased in those parts; and it was thought this bill was preferred by such as love the heath palts better than the country's good.

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

[f. 141]

May 20 [sic]

Bill that brewhouses should be removed, etc. below the bridge. It came from the Lords, was recommended by the Prince, because he is almost choked at St. James with the smoke.

Moved by [MR. RICHARD] SPENCER that a proviso may be added that if this law be dispensed with, then to be void.

Bill to make the lands of the Earl of Middlesex liable to the payment of his debts. Committed. It came down from the Lords.

Bill for the assurance of a messuage called York House, etc. to the King, his heirs, successors and assignees, and of some [?manors], part of his Majesty's possessions to the Archbishop and his successors. Committed.

[f. 141v] Report by [SIR EDWARD] COKE of the conference with Lords about Bishop of Norwich. 6 [?heads] of the complaint.

• 1. Prohibiting preaching and discoursing upon questions and answers in catechisms.
• 2. Erecting of images, as well of the Holy Ghost fluttering over the font as otherwise, etc. and making a high altar of the demolishments [sic] of a tomb.
• 3. Praying towards east and punishing men for it.
• 4. Punishing a minister for catechising his family in his own house.
• 5. Extortion against the [blank] cannon 97. Himself register pro privato lucro.
• 6. Not registering institutions, by which it should appear for the bishop is to certify that scrutatis archivis non inveni alique clericu institutum. It is prejudicial to patrons.

[William] Lyndwood says non refert, etc. whether pray towards the east or west, yet most convenient. Gratian says if has been an ancient custom, but only customs and canons bind here that [f. 142] are allowed here.

No man ought to be punished for complaining of grievances in the Parliament. The Lords said they would do what appertains to justice.

The grievances to be presented to the King. Most gracious Sovereign, we your Majesty's most loyal and faithful subjects the Commons by your royal authority assembled out of all the parts of your realm of England in this present Parliament, as well out of duty and zeal to your Majesty as out of sense of our just grief wherewith we are at this time generally possessed, do with all duty and humility present these complaints of the ensuing grievances to your gracious view, most instantly craving justice therein and due redress. [f. 142v] [Blank]

• 1. Patent for fishing of New England to Sir Ferdinando Gorges, etc.
• 2. [Gold] Wyre Drawers.
• 3. Concealments and defective titles; 14 hospitals swallowed up by it.
• 4. Licences called briefs for collecting of money in churches.
• 5. Against Apothecaries: a monopoly of buying all drugs and distilling all waters.
• 6. Lighthouses: he takes almost 7 times as much for coals as was taken before. He takes money off them [f. 143] that come not that way.
• 7. Sir Simon Harvey, who of his own authority made warrant for taking of malt, for taking of ling (not paying for it); charged diverse counties with carriages, diverse counties delivered oxen to his use, would not pay for them. £20,000 will not set the King's House[hold] in so good order as it was before he came. Has cheated one of King's servants of £500.
• 8. A matter of grace; that whereas former good orders of Court of Wards broken, that would be pleased to revoke the new orders and to regulate the old ones, etc.

Moved by SIR W[ILLIAM] SPENCER that benevolences may be put in, for things brought to that pass that a man must either offend [f. 143v] God or man by reason that letters are written to justices and their names returned into the Exchequer that refuse.

[MR. WILLIAM] MALLORY would have the Clerk of the Market in too.

[SIR EDWARD] COKE. We have only put in such as were complained of.

Moved that a message may go to the Lords to desire them to join with us to the King to grant a little longer time for the settling and perfecting of the business. Would have these reasons alleged:

• 1. That we are backward in respect of the time spent about bill of subsidies being of a new form.
• 2. By reason of trade, which must support the war, for it produces wealth.
• 3. The subsidies of the clergy will take [f. 144] up some time.
• 4. The pardon which is not yet come from the Lords.
• 5. That will not entertain any new business.
• 6. The multitude of the business sent up to the[ir] Lordships, etc.

Sir Edwin Sandys to deliver the message.

[MR. JOHN] PYM thinks it not fit that it should be ordered that we should entertain no new causes, for it may [be] prejudicial to us in our discretion and in our duty; for such business may be presented to view [we] cannot well reject without hurt to the commonwealth. Only private business excluded.

Agreed to.

Let a great man have an office and he will never want authority.

In E. 3['s] time, 2 petitions of Parliament to the King:

• 1. That the next of kin might have the custody of the King's ward if come within a certain time. The King answered [f. 144v] that would govern his own revenue to his best profit.
• 2. About pre-emption of tin in Cornwall. Answer, that was Prince's inheritance, etc.

Yet now the first petition is granted, and, indeed, seldom any petition of the Parliament but in some time is granted.

Wording in a[d] quod damnum: ne patria plus solito gravetur.

A chauldron at Newcastle is 2 tun, at London but one.

Non refert utrium versi orientem vel occidentem orems, etc. [William] Lyndwood lib. 2 licet magis conveniens sit ad orientem orare vel iustus celebrare.

Note that by act of state, men whose wives, children and servants are disabled to hold place[s] in commonwealth.

A petition to King touching papists. In all humility [blank] give thanks [blank] published the laws against popish recusants shall be put in execution. Diverse of them crept into places of authority, whose names we present. Great countenance to popery. Grief to well affected people. Danger, that by acts of state and laws [f. 145] to be disarmed, that may be removed from all commissions of trust or charge.

[f. 145v] The names of such as have wives, children or servants recusants:

[f. 146] 6 H. 4 the writ of summons to the Parliament forbade that lawyers should be of the House. This Parliament by Walsingham was called Parliamentum indoctorum out of malice, because in the Parliament proposition was made that temporal possessions should be taken from the monasteries and that they might live on their impropriations.

[MR. WILLIAM] NOYE holds lay hospitals to be out of the statute of chantries, notwithstanding the late judgement in the Common Pleas to the contrary.

The clergy always complained of for extortion, and in one Parliament they said they did let out [?avowry] as if it were a lay fee.

Answer of the Lords. That the King had sent to them a peremptory message for a sessions [sic] upon Saturday, so that could not give us hope of success, nor join with us in petition. Yet they had entreated his Highness to represent our reasons to the King and to desire a little longer time.

Let not Parliament, where people seek relief, give cause of grief.

[f. 146v] One Pranger, a justice of peace, did certify a loss by fire for one, who thereupon got a licence to beg money at churches. He pawned his licence at an alehouse and died. Some of the justices' menial servants went up and down with it, one of them [im]personating the dead man, for which they were censured in the Star Chamber, and he thrust out of the commission.

We have many children ready for birth and want strength to bring them forth.

Bill to prevent the extortions, exactions of customers, collectors, etc. Passed.

Moved by [MR. WILLIAM] NYELL that in respect it is not likely that this bill should pass this session, that an order might be conceived to de- [f. 147] clare the pleasure of the House that those officers should not exact of merchants in the meantime to their grievance.

[MR. EDWARD] ALFORD. The passing of the bill is of greater force. Motion not granted.

MR. COMPTROLLER. This is the best time to make trial. Summer grows on and the workmen now for a time will live by harvest work. Coarse cloths will vent very well in Germany in respect that the wars have spent many of their sheep, especially coarse cloths for the soldier. And though white cloths cannot be carried out without licence if of £4 price, we may desire the King to give licence by his proclamation to all. [f. 147v] Yet the Merchant Adventurers are to have pre-emption; but if they buy not within the space of a month, theirs free to buy.

[SIR EDWIN] SANDYS. Never knew of any company of trade beyond seas but only the East India Company. They are all free elsewhere. White cloths the greatest part of the broad cloths, the most welcome and vendible. And we deal not hardly with them if we allow them that. That which was done in my Lord of Leicester's and Sir William Cockayne's time was not done in Parliament. White cloths must be carried to places where dyeing and dressing, and so are staple. But dyed and dressed clothes are for present [f. 148] use and so to be carried anywhere. Merchants use[d] to obtain these things to have privileges, to compound differences between themselves, to hold intelligence. Petitions fly from all the parts of the kingdom that they may not be tied to a few chapmen.

SIR JOHN SAVILE. That the northern men disclaim it.

Ordered, that if Merchant Adventurers buy not white cloths within a month, others may.

Upon question, ordered that merchant stranger[s] shall be continued in the same case they are.

Upon question, ruled that the patent of the Merchant Adventurers a grievance in the creation for diverse reasons, and in the execution for that they [f. 148v] laid impositions.

Ordered, that a petition of grievance to be preferred to the King against the patent of the Merchant Adventurers, and that a proclamation may be published to declare the particulars.

Upon question/

Ordered, upon question, that a petition to King concerning the impositions by the Archduchess and the States.

[SIR WILLIAM] BEECHER said that Secretary Calvert thought it best to prohibit the importation of lawns and cambrics unless that imposition upon our cloth be taken away.

Ordered, upon question, petition to King that where Merchant Adventurers have licence to carry out 30,000 cloths, to be enlarged to 50,000; and then other merchants to have the benefit if the [f. 149] adventurers buy not within a month.

A petition concerning pretermitted customs to be considered of and prepared by [Mr. William] Noye, [Mr. John] Bankes and [Mr. Henry] Rolle, [Mr. John] Glanville, [Mr. John] Lowther.

His patent was brought in.

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

[f. 185]

Wednesday, Whitsun week

Bill for confirmation of hospitals and free schools. First read.

Bill for making the lands of the Earl of Middlesex liable to the payment of his debts. First read.

Bill for assuring of York House to the King, and of certain lands to the bishop and his successors, the lands being in Yorkshire. First read.

The conference with the Lords touching the Bishop of Norwich. Vide art[iculi] itineris.

The report being made hereof, SIR EDWIN SANDYS'S motion that in regard the time of ending the business draws near, account might be taken of things done in the three great committees.

[f. 185v] SIR EDWARD COKE'S account from the committee of grievances. 8 grievances, 7 petitions of right, 1 of grace. The preamble and the roll.

• 1. Sir Ferdinando Gorges's patent.
• 2. Gold Wyre Drawers' patent.
• 3. Patent of concealments.
• 4. Briefs and licences, etc.
• 5. The Apothecaries' patent.
• 6. The patent of Wintertonness lights.
• 7. Sir Simon Harvey's proceedings in purveyance.
• 8. A petition of grace concerning the Court of Wards, to revoke the later instructions, etc.

SIR WILLIAM SPENCER moved that the ordering of the business touching the benevolence might be added.

MR. [WILLIAM] MALLORY desired that that of the imposition on malt, and that of the Clerk of the Market.

Upon SIR FRANCIS SEYMOUR'S motion, a message sent to the Lords to move the King for a longer time than Saturday for continuing the Parliament.

Ordered, that no private business should be admitted but such as already depend in the House.

SIR THOMAS HOBY perfected the report touching recusants in commission of the peace.

Passed, by question, to petition the King.

SIR EDWIN SANDYS'S report of the message to the Lords. [f. 186] The Lords had already received a peremptory message from the King that Saturday should hold, yet they had moved the Prince to acquaint his father with the reasons. They desired in the mean space we should fit our businesses, and as they intended theirs.

SIR ROBERT PHELIPS related the state of businesses that had passed the committee for courts of justice.

The case of Mistress Thomas being reported in brief, the resolution of the House was deferred until it were more particularly reported.

A committee appointed to take into consideration all petitions and to make a catalogue of them to remain with the Clerk against the next session.

SIR EDWIN SANDYS made report from the committee of trade.

Wednesday afternoon

The House sat, the Speaker in the chair.

SIR EDWIN SANDYS proceeded in the report concerning trade.

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

[f. 116v]

May 19, Wednesday

A complaint against one Brackyn that keeps the gaol of Yorkshire by patent to the detriment of the high sheriff; the like against another that has the gaol of Lancaster; and so for other shires.

[f. 117] A committee to examine by what right they hold this patent.

An act for the removing of brewhouses that be in London and Westminster farther off from the Court.

An act to make the lands of Lionel, Earl of Middlesex, liable to pay his debts and give satisfaction to his Majesty and others whom he had wronged, as the Lords of the Upper House shall award.

An act for the securing of York House, with the appurtenances, to the King upon agreement between his Majesty and the Archbishop of York in consideration of other lands given him of better value.

An act for the sale of certain lands to [sic] Sir James Poyntz in Essex for the payment of his debts. Passed.

The Bishop of Norwich was by general consent transmitted to the Lords for the charge laid against him. Vide Maii 7⁰.

A report from the committee of grievances, where 8 were found to be presented to the King, viz. 7 of right, the 8th of grace:

• 1. Sir Ferdinando Gorges's patent.
• 2. That of the Gold Wyre [Drawers].
• 3. Sir John Townshend's patent for concealments and pretended titles.
• 4. The common abuse of briefs.
• 5. The Apothecaries' patent, by which they divided themselves from the Grocers and monopolized to themselves drugs and distilled waters.
• 6. Sir John Meldrum's patent for the Winterton[ness] lights.
• 7. Sir Simon Harvey for making writs of his own authority, and taking malt and corn and lings, not paying for them; for overcharging the country with carriages, compounding with some and laying their burdens upon others; the King's Household is worse for him by £20,000; he has taken £530 from Lichland.
• 8. The Court of Wards, that his Majesty would be pleased to revoke the late orders and restore and regulate the former.

[f. 117v] A motion to desire the Lords to join with us to petition the King that the Parliament might sit a week longer, for the King was resolved it should end on the Saturday in Whitsun week, in regard that many businesses would else remain unperfected, etc.

A message to the Lords upon the former motion. Their Lordships answer: they conceive our reasons to be weighty but they can neither join with us in that petition nor give us any hope of obtaining it, in regard they had received his Majesty's peremptory pleasure to end this session on Saturday next; yet, desirous to keep all good correspondency with the House, they would entreat the Prince's Highness to present our reasons to his Majesty and see what might be done in it.

A[n] order to entertain no new private business; for public occasions the House would not bind itself.

A petition framed for the removing of the recusants who are in office of trust throughout the kingdom.

[Afternoon]

An act for the relief of Feltmakers. Passed.

An act for the naturalizing of Sir Francis Stewart, James Levingston and 3 other Scottishmen, [James] Maxwell. Passed.

An act to avoid extortion and exaction of fees among the customers, controllers and other officers in the King's ports. Passed.

An act for reversing a decree in the Court of Wards between [John] Edwards, the father, [f. 118] and [John] Edwards, the son. Passed.

A report from the committee of trade. Whereupon it was ordered by question:

• 1. That the Merchant Adventurers should enjoy the sole trade in white cloths in case they bought them up in a month after they were brought to the town; if not, then after that month the[y] should be free for others as well as themselves.
• 2. The merchant stranger is not to take the benefit of this liberty but to be continued only as he is.
• 3. A petition of grievance is to be made to his Majesty against their patent as now it stands, with a desire of a declaration by proclamation of the freedom of other merchants from those exclusive points and power they had engrossed.
• 4. To petition against the impositions upon cloth abroad, licence money and consumption money, together with the use of the tare as now it is.
• 5. Against the Earl of Cumberland's patent, that where it dispenses with 30,000 cloths that number may be enlarged to 50,000, above such a rate as the statute prescribes, and that all buyers may enjoy the benefit of that dispensation.
• 6. Against exorbitant fees in the Custom House, especially upon such commodities as go only from port to port.

The complaint renewed against the office of alnage.