20th May 1624

THURSDAY, 20 MAY 1624

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

[CJ 707; f. 46v]

Jovis, 20⁰ Maii, 22⁰ Jacobi

MR. [JOHN] CARVILE reports [Sir John] Ryves's bill, with amendments. Engrossetur.

L. 3a. An act against receiving of any pensions from any foreign state.

Upon question, passed.

MR. [NICHOLAS] DUCK reports Mr. [Toby] Palavicino's bill.

L. 3a. An act to enable Toby Palavicino, esq., to sell certain lands for payment of his debts and preferment of his younger children.

Upon question, passed.

Bill concerning the Clerk of the Market at 2 of the clock tomorrow in the afternoon in the Court of Wards.

A message to the Lords for a conference about their joining in the petition concerning recusants in place of charge or trust.

Sir Edward Coke sent up for this conference with 5 bills:

• 1. Against secret pensions.
• 2. Customers' fees.
• 3. Sir J[ames] Poyntz's bill.
• 4. Feltmakers' bill.
• 5. [John] Edwards's bill.

MR. [JOHN] SELDEN reports from the committee for Dr. [Thomas] Anyan, etc. That the committee held him guilty:

1. Of taking undue fines out of leases made to his own purse, contrary to the statutes of the House. That the president and 7 seniors ought to meet upon all matters of moment. That the president may not put the college seal without consent of the major part of the fellows. That the president and 7 seniors agreed he should have a lease, with a proviso it should continue no longer than whilst he continued president. He put to the seal without the consent of the major part. He put fines for leases and copyhold estates into his own purse. £150 agreed to be paid for Dogsewell, and the money paid him; but he paid the college but £35. And 2 [sic] other particulars.

2. Misgovernment. Negligentia intolerabilis proved against him in 3 particulars. [Brian] Twyne found a drunkard at several times, yet for the 4 first times never admonished him, and for the fifth only admonished him. Mr. [Nicholas] Bayly, being absent from commemorations (cause of expulsion by the statutes of the House) being in town, [f. 47] was censured only for going out of the town without leave. That one Mr. [Richard] James said in conference about the preaching of the Archbishop of York, that it had been no matter if he had left off preaching 20 years since for anything he or any other had done by it. Yet, being complained of to the president, he censured him not for it.

3. Declining his judges. They being ready for judgement, he went to the court and, by Sir L[ionel] Cranfield, then Master of the Requests, procured a letter from the King to stay their proceedings until he certified from them, for which gave him £100.

4. Infandum. Unnatural lust with some tavern boys in this town. Testified here and exhibited in writing, and read in the House.

That the committee thought fit these as crimes should be presented to the Lords against him.

The next complaint, against Dr. [John] Richardson, master of Trinity College in Cambridge. Nothing upon proof found against him but cleared by the committee.

The next day, a schoolmaster in Eye in Suffolk seducing his scholars to popery. Confessed he had not received the communion these last 5 years and but twice in 7 years before. Has some scholars which went to church before their coming to him, but not since. Maintains and swears his popish tenets, catechises not. No prayers in his house. That the committee thought fit he should be removed and no longer to continue a schoolmaster.

Rogers against Sir Eubule Thelwall, who, as appeared, accused of malice for suing a debt against Rogers owing to the college. Sir Eubule not only cleared of the accusation, but found a great benefactor to the college.

Ordered, Sir H[enry] Poole added to the former committee to search precedents and consider of the course of judicature now used by the Lords. And this to be presented to the House upon Saturday next.

SIR EDWARD COKE reports from the Lords. They will presently confer about recusants with 24.

[f. 47v] Mr. Solicitor, Sir Thomas Hoby, appointed to go and be the mouth at the committee and report back. And all the knights of shires in the House to be of this committee.

SIR EDWARD COKE. Parliamentaria prudentia quaerenda ab omnibus, incognita multis.

Upon question, these offences reported against Dr. Anyan to be transmitted to the Lords with the aggravations of circumstances.

Sir Edwin Sandys and Mr. [John] Selden to report this to the Lords. And for this a conference to be now desired.

MR. SOLICITOR reports from the conference with the Lords concerning the petition against recusants having place of charge or trust. That he read the petition to them, and the names. That the Prince took it into his hands, and they are now gone to confer about it.

That the Prince has reported that by his mediation the King is contented with a week longer for our sitting here, upon the Prince's word we will undertake no new business but perfect the old, which was one of our own reasons yesterday.

Ordered, no new matter shall be entertained into the House, but only the business remaining in the House to be perfected.

Bill of battle to be this afternoon in the Court of Wards.

Bill of subsidy to be read tomorrow morning at 9 of the clock.

Upon question, declared that in the opinion of this House, Simon Dormer an unfit schoolmaster and not fit longer to continue a schoolmaster.

Upon a second question, this to be recommended to the Lord of Canterbury, with intimation of the declaration of the opinion of this House, and that the Bishop of Norwich, being complained to, did not reform it.

Sir D[udley] Digges, Sir Robert Hatton, Mr. Maurice Abbot and Mr. [John] Selden to do this.

[f. 48] Upon question, Sir Eubule Thelwall cleared from all imputation upon Rogers's petition.

SIR EDWIN SANDYS moves for a select committee to peruse the draft he and Mr. [Nicholas] Ferrar have made about the grievances for trade.

The committee for penning the grievances to do this. To meet at 4 of the clock this afternoon.

Sir Robert Phelips to make his report upon Saturday morning, 8 [o']clock.

Survey of seacoals, tomorrow in the afternoon, next after the Staplers.

Sheriffs' accounts, tomorrow in the afternoon, 2 [o']clock, Court of Wards.

[House adjourned]

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

[CJ 791; f. 208]

Jovis, 20 Maii 1624

MR. [JOHN] CARVILE reports Sir John Ryves's bill. Amendments twice read.

Ordered, to be engrossed.

L. 3. An act against the secret receiving of pensions, gifts and rewards of any foreign prince or state.

Upon question, passed.

MR. [NICHOLAS] DUCK reports Mr. [Toby] Palavicino's bill, without amendments.

L. 3. An act to enable Toby Palavicino to sell certain lands for payment of his debts and preferment of his wife and younger children.

Upon question, passed.

Bill for the Clerk of the Market. Tomorrow afternoon, 2 [o']clock, Court of Wards.

Sir Edward Coke sent up to the Lords to desire a conference about the petition concerning recusants. And carried up 5 bills.

MR. [JOHN] SELDEN reports from the committee appointed to examine the complaints against Doctor [Thomas] Anyan and others. Found him guilty of 4 kind[s] of faults.

• 1. Dilapidation and mis-[s]pending the college money, and making leases contrary to the statutes of the college, misemploying of fines for copyhold lands.
• 2. Misgovernments: negligentia intorlerabilis. One [Brian] Twyne 5 times found a great offender; for the 4 first times Anyan did nothing and the 5th but admonished him. And one [Nicholas] Bayly, that was absent from commemorations, a great offence there; he slighted this. One [Richard] James also that said that it had been no matter if the Archbishop of York had given over preaching [f. 208v] 20 years ago but any good he or any other had done by it. For this he did nothing against him.
• 3. Declining of his judges and their sentence. Procured his Majesty's letter to take the matter out of their hands by the Lord Treasurer's means, for which he had £100.
• 4. Nefandum: unnatural wantonness with some tavern boys.

Committee resolved that these fit to be presented to the Lords as crimes against him.

Another complaint against Doctor [John] Richardson, master of Trinity College in Cambridge. But nothing proved against him.

Another complaint against one [Simon] Dormer, a schoolmaster in Suffolk. Confessed he had been schoolmaster there 12 [sic]. Not received but 3 times all this time. Has divers scholars that go not to church. Never corrected any boy for not going to church. Uses no catechism nor prayer in his school. Maintains the popish opinions by arguments and oaths. Committee resolved he was fit to be removed; the means how they leave to the House.

4. A complaint of one Rogers against a worthy member of this House, Sir Eubule Thelwall. Upon examination, found to be quite false, and that Sir Eubule Thelwall a great benefactor to that college.

Sir Henry Poole added to the committee that were approached to search the precedents of judicature.

[Blank]

SIR EDWARD COKE reports from the Lords. They have appointed the conference presently in the Painted Chamber, and 24 of their House.

Sir Thomas Hoby, Mr. Solicitor specially appointed. All knights of shires sent up to this conference.

[f. 209] Upon question, these offences reported against Doctor Anyan shall be transmitted to the Lords, with the aggravations of circumstances.

Sir Edwin Sandys, Mr. [John] Selden to report this to the Lords and for this a conference to be now desired.

MR. SOLICITOR reports from the Lords. Did deliver unto them the occasion of this petition, which was read, and the names that are to be presented. Prince took them into his hands. Prince then made known to them the King's answer for out sitting. He is pleased that we shall sit a week longer upon this condition: that we entertain no new business, but proceed with that we are already possessed. Prince desires to know our resolution [CJ 792] that he may send away a messenger to the King. Lord President put them in mind of 2 bills sent down to us from them, brewhouses and battle.

Resolved, that no new matter shall be entertained by the House, but only perfecting the old business already in the House.

Bill of battle this afternoon in the Court of Wards.

Resolved, upon question, as the opinion of the House that Simon Dormer is unfit to be continued a schoolmaster at Eye, and that this business shall be presented to the Archbishop of Canterbury with intimation of the declaration of this House. And that the Bishop of Norwich has been acquainted with this, but has not reformed it.

Sir Dudley Digges, Sir Robert Hatton, Mr. [Maurice] Abbot and Mr. [John] Selden to do this.

Upon question, Sir Eubule Thelwall cleared from all manner of imputation upon Rogers's petition.

[f. 209v] The petition concerning the matter of trade referred to the committee for drawing up the grievances. To meet this afternoon, 4 [o']clock.

Sir Robert Phelips to make his report on Saturday morning, 8 [o']clock.

Survey of [sea]coals to be heard tomorrow afternoon, next after the Staplers.

Sheriffs' accounts, tomorrow afternoon.

[House adjourned]

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

[p. 295]

Jovis, 20 Maii 1624

3. L., p[asse]. Bill pur inabler [Toby] Palavicino de vendre terres pur paimente de detts et raiser procons pur autres infants.

Puis longe debate en cest que il ad estate mes pur vie, sur le question, passe pur leye.

Message al seignours pur conference touchante recusants in office ou authoritie pur joiner in peticion al Roye pur remover eux. Ils joine, 24 presentment.

Et trois [sic] bills [auxy sent].

• 1. Bill versus eux qui ont pentions de forrein princes.
• 2nd. Bill versus customers fees, etc.
• 3rd. Bill de Palavicino.

Le SOLICITOR imploy in le conference, delyver a message from the Prince that his Majesty was gracyousely pleased if we would ingage ourselves to the Prince (that wee wold receave no newe busynes) but would proceede with the olde, then he wold grante us one weeke longer, which we ordered accordingelye.

MR. [JOHN] SELDEN reported the busynes of Doctor [Thomas] Anyan, president of Corpus Christi College in Oxford, and resolved, upon the question, to be transmitted to the Lords. And also of Simon Dormer, a popishe schoolemaister in Suffolk, upon the question, resolved to be disabled and transmitted to the Lord of Canterbury. But Doctor [John] Richardson acquyted, Master of Trinitie College in Cambridge.

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

[f. 70]

[20 May 1624]

A bill for customers' fees, another for secret pensions send [sic] up, and 3 private bills, 20 Maii.

And a message to the Lords to join to displace the recusants in office.

SIR H[ENRY] POOLE. 3 or 4 E. 3 Mortimer attainted by Lords, but Beresford's appealing as parcel of Commons yet adjudged by the King's pressure (non in exemplo) though said judicature belonged to them, and so in these two late Parliaments judgements of St. Albans and [Lord] Treasurer without our consent, and be bill else may the Lords put us to fine and ransom and we, though no law can be without us, not called, are without remedy.

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

[f. 211v]

Thursday, 20⁰ Maii 1624

An act against the secret receiving of pensions, gifts or rewards of any foreign prince or state. 3. L. Penalty of this law is a praemunire. This bill is now passed this House. Dormit Lords.

[f. 212] An act to enable Toby Palavicino, esq., to sell certain lands for the payment of his debts and preferment of his younger children. 3. L. This bill came from the Lords and is now passed this House. r. p.

MR. [JOHN] SELDEN reports from the committee appointed to examine complaints of matters concerning religion. Said that Doctor [Thomas] Anyan was guilty of mis-[s]pending the revenue of the college whereof he is president, which is Corpus Christi College, [Oxford]; for sealing of leases of part of the revenue of the college contrary to the statutes of that college, and that it is by the statutes thereof that whosoever president or fellow should wilfully break the said statutes should be expelled the house. That Dr. Anyan's man had of keep £16 for a lease of a tenement belonging to the said college, whereof but £2 paid to the college and kept for himself or his master, the other £14 and 2 other particulars are named concerning misemploying of bona collegii. That one Mr. [Brian] Twyne, a fellow of Corpus Christi, being 5 times found drunk in the college, the president being told of it [blank]. That one Mr. [Nicholas] Bayly, being absent from commemoration of the founder of the college (which by the statutes of that college is expulsion), the president gave him leave to say [blank]. [f. 212v] That one Mr. [Richard] James, a fellow (at this time) of the college, did say it was no matter if the Bishop [sic] of York had given over preaching 20 years since for any good that his Grace or any other did ever do by preaching. This being complained of to Dr. Anyan, president of that college, and he did neglect to do anything therein. [Blank] That in October 1618, he gave Sir Lionel Cranfield (being then Master of Requests) for the procuring of a letter from the King to take from the visitor and other judges the power of giving judgement on complaints against him until the said judges had first certified the King thereof, and so avoided judgement according to his demerits. He said Dr. Anyan was also accused for attempts of unnatural wantonness with tavern boys, as was testified by one Mark Hilstey, a tavern boy at the foot of London Bridge.

That there was also complaint against one Simon Dormer, a schoolmaster in comitatu Suffolk, who by his confession said he had not received the communion these 4 last years, and it was not much denied by him that he did pervert boys, his scholars, from the Protestant religion. That the committee did think it fit that this schoolmaster should be removed, [f. 213] but left to the House to order what course should be for the displacing of this schoolmaster.

That the complaints against Dr. [John] Richardson of Cambridge are not fully proved.

SIR E[DWARD] COKE says that the Lords have appointed 24 of their House to confer with a proportionable number of our House about our petition to the King that such recusants that bear any place or office of charge or trust in the kingdom may be displaced.

Accordingly, we have sent a committee of our House to the conference with the Lords.

SIR E[DWIN] SANDYS. That he was sometime a member of Corpus Christi College. That we are to have a care of reforming of abuses in governors of colleges, for such have begotten an ill fame in the university. He wishes that there should be an example made of Dr. Anyan that it may be a warning to other governors of the universities.

Resolved, by question, that the crimes complained of against Dr. Anyan shall be transmitted to the Lords, and that the personal naming of Mr. Bayly, Mr. Twyne and Mr. James shall be spared, and that there shall be aggravations used therein as is fitting and have been used in such businesses.

SIR PETER HEYMAN says that Mr. Simon Dormer, the schoolmaster of Eye in comitatu Suffolk, has a lease of the school from the feoffess and so cannot be displaced by the Archbishop of Canterbury, [f. 213v] and therefore he would [have] the complaints against him transmitted to the Lords. But the Lord of Canterbury may interdict the keeping of the school.

MR. SOLICITOR reports from the conference concerning the petition against recusants who are in office and place in the country, that the Prince took the petition concerning the recusants in place in the country. [Blank]

MR. SOLICITOR says that the Prince commanded him to acquaint this House that the King is content that we shall sit a week longer than next Saturday (though his Majesty were before thoroughly resolved not to alter the day) on this condition: that the Prince will give his Majesty his Highness's word that our House shall embrace no new business, but that we shall only attend the perfecting of businesses already in the House. That the Prince said he was not willing to engage his word therein to the King until he understood from us that we would not meddle with any new business.

Ordered, that the House will not embrace any new business, but only attend the perfecting of the businesses already in this House. Mr. Solicitor is to acquaint the Prince presently with this order.

[f. 214] Resolved, on question, and declared to be the opinion of this House that Simon Dormer is an unfit man to continue schoolmaster in Eye in Suffolk, and ordered that this [sic] complaints against this schoolmaster and the orders of this House thereon and the reasons of this our order, with an intimation that the Bishop of Norwich (on complaint made to his Lordship against this schoolmaster) did do nothing, shall be all presented and transmitted to the Archbishop of Canterbury, his Grace, for some order therein to be taken by his Grace for remedy hereof.

Resolved, that the complaints against Dr. Richardson of Cambridge shall fall and lie asleep.

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

[f. 178]

[20 May 1624]

Dr. [Thomas] Anyan:

• 1. Dilapidations and misspending of college money.
• 2. Negligence intolerable [illegible].
• 3. Declining judges.
• 4. Attempts of buggery, nefandum, unnatural uncleanness.

A lease agreed on by 7 seniors with a proviso for life if so long continue president. Of Warborough. This lease brought without a proviso. Mr. Abington gave £150 fine for copyhold. But £35 answered to the college.

[f. 177v] Ordered, that Anyan and the crimes laid to his charge to be transmitted by Sir Edwin Sandys and Mr. [John] Selden.

[f. 149]

May 20

[SIR HENRY] POOLE thinks that the Lords ought not try the Commons for they are to be tried by their peers. 3 & 4 E. 3 a precedent.

Ordered, that a committee to consider of precedents for the liberties of the House, but transmitting no prejudice to liberty.

A schoolmaster in Suffolk complained of for being a papist and training his scholars in popery. He was not reformed by the bishop or justices of assize, yet because the Lords are very full of business, [f. 149v] our short time of sitting and because schools are subject to the visitation of the bishop who has tolerated him, that the visitation thereof is devolved to the Archbishop. And though he has a lease of the school, yet because there is remedy upon the statute of charitable uses for misemployment, it was ordered that he should be declared unfit to continue schoolmaster there. And the cause should be recommended to my Lord of Canterbury.

Dr. [John] Richardson was absolved and acquitted of the offences laid to his charge.

The King, at the intercession of the Prince, has given us leave to sit a week longer with this caution: that we [f. 150] will not entertain new business and that the Prince would pass his word for us. Agreed because we had offered it to the Lords as a reason and had ordered it among ourselves. But causes depending in our House not new to the Lords et a converso. Else the bill of subsidies would be new to the Lords.

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

[f. 186]

Thursday, the 20th of May

Bill concerning pensioners to foreign princes. Passed.

Sent up to the Lords together with:

The bill for avoiding exactions of customers, etc.

And the bill concerning a decree against the Feltmakers, etc.

Sir Edward Coke carried these and went [f. 186v] with a message for a conference touching recusants' being in commission, etc.

MR. [JOHN] SELDEN'S report from the committee of complaints touching corruptions in religion and learning.

• 1. The complaint against Dr. [Thomas] Anyan. The committee found him guilty of:
•           1. Dilapidation and cozening the college.
•           2. Negligence in government, permitting drunkenness, etc.
•           3. Declining justice, procuring letters from the King to stay proceedings, gave the Earl of Middlesex a £100, a foul offence.
•           4. Attempts of sodomy.
• 2. A complaint against Dr. [John] Richardson of Cambridge. Not thought worthy the consideration of the House, the proofs failing.
• 3. A third complaint, against [Simon] Dormer, a schoolmaster of Eye in Suffolk, for keeping a seminary and nursery of popery.
• 4. A fourth complaint against Sir Eubule Thelwall, master [sic] of Jesus College, [Oxford], found to be false and scandalous.

These being to be put to the question, SIR HENRY POOLE moved that consideration might be had lest we wronged this House by leaving judicature wholly to the Lords.

• 1. They are but a part of the body.
• 2. We are not their peers.
• 3. 'Tis contrary to their own act, 3 E. 3.
• 4. It is contrary to the practice of 200 years.

SIR EDWIN SANDYS. Not seasonable now in the end of the Parliament to stir this question.

[f. 187] SIR EDWIN SANDYS concerning Dr. Anyan. Necessary to consider of this: the universities and their discipline much corrupted; men's children in great danger. This man an eminent, a notorious and incorrigible offender. Fit some exemplary course to be taken.

Resolved, upon the question, to transmit him to the Lords.

Touching Dormer, the schoolmaster of Eye, question, whether he should be sent up to the Lords or referred to the Archbishop because no reformation could be obtained at the hands of the bishop of the diocese.

Passed, by the question, the opinion of the House that Dormer was a man unfit to keep school. The business recommended to the Archbishop of Canterbury.

Sir Eubule Thelwall acquitted.

MR. SOLICITOR'S report from the conference touching the petition concerning recusants in place of authority. The Prince being there, declared what answer the King had given to the request for a longer day. The King is pleased to prolong the time a week longer with this caution: not to prescribe us but taking the Prince's word that we would not embrace new businesses to hinder the old.

Ordered, no new matter to be entered upon, but the old to be perfected.

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

[f. 118]

May 20, Thursday

An act to enable Toby Palavicino, esquire, to sell certain lands. Passed.

The House made a marvellous great difficulty to pass this bill out of their tenderness to preserve the inheritance of his son. After long debate it passed.

A message to the Lords, with bills, withal to crave a conference with the Lords about joining with us in petition against the recusants.

A report from the committee appointed to examine the causes of the corruption of learning and religion, where Doctor [John] Richardson, master of Trinity College in Cambridge, accused by Doctor Waterhouse, was cleared. But Doctor [Thomas] Anyan, head of Corpus Christi College in Oxford, was accused by Doctor [Daniel] Featley and Doctor [Richard] Allyn:

1. For dilapidation and mis-spending the college money; for mis-putting their college seal to their lease of Warborough against the consent of the 7 seniors; for putting fines into his own purse: for Dodswell he had £150 and gave the college but £35, and 2 other instances were alleged.

2. For intolerable negligence in his government, as first in the cause of [Brian] Twyne, who, being 5 times complained of to him to have been found drunk, was not censured by him for it nor admonished until the last time. Next, Master [Nicholas] Bayly, being absent from commemorations and so by the statute to be expelled, he diverted his punishment and wished him to say he was not in town, and so punished him for not entering his perfection. And lastly, in the case of Mr. Richard James, who in speech of the Archbishop of York said it had been no matter if he had given over preaching 20 years ago for any good he or any others did by it; this speech was complained on to Doctor Anyan, the president, but he would not punish it.

3. For declining his judges for being formerly complained of and the matter referred to the Lord Archbishop [of] Canterbury, the Lord Chamberlain, [f. 119] Chancellor of the University and the Bishop of Winchester, he gives £100 to Sir Lionel Cranfield, who procures him the King's letters to take his cause from before them, and so he escaped.

4. Nefandum for unnatural wantonness towards 2 tavern boys, Mark Hilsleye and Richard Norrice, at the sign of The Bear at the Bridge foot.

Resolved, upon question, that Doctor Anyan, for all these crimes, should be transmitted to the Lords.

Also from the same committee it was reported that one Simon Dormer, schoolmaster of the town of Eye in Suffolk, had received the sacrament but once these 5 last years and not at all in divers years before that. 11 scholars were gone recusants from him and 5 more still remained with him, whereof 3 were Protestants when they came to him. He uses no catechism nor prayers in his school, and denied not before the committee to hold divers fundamental points of popery.

Resolved, upon question, to judge him an unfit and an unworthy man for that place, and so to refer him to the Lord Archbishop of Canterbury's Grace for further censure as he should think fit.

By those that went upon the conference, the Prince lets the House understand that he had prevailed with his Majesty for a week's time longer according as we had desired, upon condition we entertained no new businesses but fell to perfect the old we were possessed of, which was ordered accordingly. Withal his Highness desired us for expedition for 2 bills, that of the brewhouses and that of trial by battle.