25th February 1624

WEDNESDAY, 25 FEBRUARY 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12

[CJ 673; f. 8]

Mercurii, 25⁰ Februarii, 21⁰ Jacobi

SIR ROBERT PHELIPS moves for the admittance of Sir Francis Popham into the House.

MR. [JOHN] PYM against it, and propounds the question about his election.

MR. [WILLIAM] MALLORY. This more proper for the committee of privileges, and to have him admitted into the House in the meantime.

[f. 8v] DR. [BARNABY] GOOCH. To have him admitted until the matter determined against him. So done in Sir Thomas Wentworth's case last Parliament.

SIR GEORGE MORE. To have our words pauca, vera, et ponderosa. Here 2 returns: of the bailiff and sheriff. Until a complaint of the inhabitants, no reason to except against this gentleman; but to receive him.

SIR EDWARD GILES. A petition ready from the town there. Not therefore fit to admit him.

SIR D[UDLEY] DIGGES. When a return come, a record. To go against it to wrong the House. To have this case, with all expedition, examined at the committee.

CHANCELLOR DUCHY. Here a double return. Therefore not to be admitted.

SIR H[ENRY] POOLE. No prejudice, by admitting him. Not to spend more time in it.

Ordered, upon question, that this business shall be referred to the committee for privileges.

SIR WILLIAM FLEETWOOD moves for 3 boroughs in Buckinghamshire. Ancient records, that they have sent burgesses.

SIR GEORGE MORE accordant. Divers petitions the last Parliament from divers towns, to be restored to their ancient right of sending burgesses. [f. 9] 2 towns then restored, and then ordered Mr. Solicitor should be one of the committee to view their charters and report to the House. To have it again referred to the committee for privileges.

Ordered, it be referred to the committee for privileges.

MR. [EDWARD] ALFORD moves to have it ordered that all shall prefer their petitions about elections and returns within a fortnight; and to have the bill of elections sought up by the Clerk and proceeded with.

SIR H[ENRY] POOLE tenders a bill for elections.

Ordered, upon question, that all petitions about elections and returns shall be preferred to the committee of privileges within a fortnight from this day, or else to be silenced for this session. This to extend to elections and returns past; others to have a fortnight after their return.

SIR J[AMES] PERROT. To have a committee named for perusing the Clerk's book every Saturday in the afternoon.

These, or any 4 of them, to survey the Clerk's book of entries every Saturday in the afternoon in the committee chamber. Saturday come-sevennight to be the first day.

[f. 9v] L. 1a. An act to secure the subject from wrongful imprisonment and deprivation of their trades and occupations, contrary to the 29th chapter of the statute of Magna Carta.

L. 1a. An act for reviving and making perpetual one act made 39 Eliz., entitled, An act for erecting of hospitals and abiding and working-houses for the poor.

L. 1a. An act for the freer liberty of fishing and fishing voyages to be made and performed on the seacoasts and places of Newfoundland, Virginia, New England and other the seacoasts and parts of America.

MR. [JOHN] GLANVILLE. To have a new day for the bill of concealments, now sine die, and to have some more committees added to the former.

All the lawyers of the House added to this committee; and this committee to meet at two of the clock this afternoon, in the Exchequer Chamber.

MR. [WILLIAM] NYELL. 5 ships of Plymouth under arrest, and 2 of Dartmouth, because they went to fish in New England. This done by warrant from the admiralty. To have these suits stayed until this bill have had his passage. This done by Sir Ferdinando Gorges's patent.

Ordered, this patent shall be brought in to the committee of grievances upon Friday next.

L. 2a. An act for limitation of actions and for avoiding suits in law.

Upon the first question, not to be committed.

Upon the second question, to be engrossed.

The committee of grievances to take into consideration the patents condemned or questioned the last meeting in Parliament, and whether any of them have been since set on foot, and by whom.

[f. 10] L. 1a. An act for repressing of drunkenness and restraining the inordinate haunting of inns, alehouses, etc.

L. 2a. An act for explanation of a branch of a statute made 3⁰ Jacobi, entitled, An act for the better discovering and repressing of popish recusants.

SIR EDWIN SANDYS. Necessary to commit this bill.

Upon the first question, not to be committed.

Upon a second question, to be engrossed.

These, or any two of them, to peruse this bill after it is engrossed, and to compare it with the former copy.

SIR WILLIAM STRODE. To send a message to the Lords to desire them to join with us in a petition to the King, to banish all recusants out of the town by proclamation during the treaty of the great business in hand. And that if any member of this House have any servant a recusant, he discharge him and give no protection to any recusant.

SIR ROBERT PHELIPS seconds the motion; and to do it speedily and presently.

[CJ 674] Ordered that if any member of this House have any servant that is a popish recusant or refuses to go to church and hear divine service, he shall presently discharge him. This to be under pain of sequestration from the House.

SIR JOHN JEPHSON desires leave from the House to send a servant of his to his house in the country.

MR. RECORDER. If any other out of the like affection shall make the like motion, to have it done upon a public motion and by special allowance of the House.

[f. 10v] Ordered, no member of this House shall be allowed to keep a recusant servant but upon public motion and special allowance of the House.

SIR THOMAS JERMYN. To have those gentlemen which go to the Lords have commission to intimate what course we have taken here for our servants.

SIR D[UDLEY] DIGGES. To have something presently done to discountenance the papists.

SIR W[ALTER] EARLE. At our last meeting, 5 articles presented to his Majesty, concerning popish recusants. Dissents from sending to have it done by proclamation, that being to chalk out to the King his own way.

Agreed, upon question, to send tomorrow morning a message to the Lords concerning a course to be taken for banishing popish priests &c.

These committees to meet in the Court of Wards this afternoon to set down in writing the message which shall be sent tomorrow to the Lords. They, or any 6 of them, to do it, and to take consideration how to intimate to the Lords our order for discharging of servants recusants.

MR. [RICHARD] DYOTT. A great insolency committed by a popish recusant, styling himself Bishop of Chalcedon. Went abroad not privately, but in public. Confirmed above 400 in a few houses. Changed the name of baptism. That this man known to be Dr. Bishop. Had 6 chaplains, his mitre and robes.

MR. [CHRISTOPHER] BROOKE. Other reasons to send to the Lords besides their insolency. They play the fox as well as the lion. They do what they can to disturb the peace of the Parliament. This titulary bishop has power to make seminary priests in England, and so defeat the law, which makes it treason for them to come into the land.

MR. [THOMAS] WENTWORTH. All seminary priests traitors. The land full of traitors and treason.

MR. CHANCELLOR DUCHY, doubly returned, elects to serve for Leicester.

SIR WILLIAM POLEY elects to serve for Sudbury in Suffolk.

[House adjourned]

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

[CJ 717; f. 5v]

Mercurii, 25⁰ Februarii

SIR ROBERT PHELIPS moves for Sir Francis Popham, to have him admitted into the House.

MR. [JOHN] PYM. Against it. Would have him in, but by a fair means. The injustice of a law and a rule greater than the injustice of a judge: the one transitory, the other permanent. If no exception to the return, the House to have accepted it; but now a contentious jurisdiction. If he be received here, we determine the right of election.

MR. [WILLIAM] MALLORY. This more proper for a committee of privileges. To have him admitted into the House in the meantime.

DR. [BARNABY] GOOCH. No injustice to keep him out of the House. For matter of precedent, experience leads the contrary. Last convention, exception taken [f. 6] against Sir Thomas Wentworth: moved to have him forbear the House, yet the House resolved otherwise. Whatsoever true in the case of a sheriff, true also in the case of a bailiff. Only now in question whether this gentleman should hold his right, until the case be determined. To have him admitted.

SIR GEORGE MORE. To have our words pauca, vera, et ponderosa. Here 2 returns, of the bailiff and sheriff. Until a complaint of the inhabitants, no reason to except against the gentleman, but to receive him.

SIR EDWARD GILES. A petition ready from the town. Therefore not fit to admit.

SIR DUDLEY DIGGES. When a return come, a record. To go against it, to wrong the House. His own case. To have this particular, with all expedition, examined by the committee.

CHANCELLOR DUCHY. This not the same case. Here a double return: therefore not to be admitted.

SIR HENRY POOLE. No prejudice by admitting him. Not to spend more time in it.

Ordered, upon question, that this business shall be referred to the committee of privileges.

SIR WILLIAM FLEETWOOD moves for 3 boroughs in Buckinghamshire. Ancient records for them that they have sent burgesses.

SIR GEORGE MORE, accordant. Divers petitions the last Parliament from divers towns, to be restored to their ancient right of sending burgesses. 2 towns then restored.

Then ordered by the House that Mr. Solicitor should be one of the committee to view the charters [CJ 718], and report to the House. To have it again referred to the committee. Ordered.

MR. [EDWARD] ALFORD propounds 2: to make this order to have all men prefer their petitions within a fortnight; and to have a bill of elections proceeded with. The Clerk to look it up.

SIR HENRY POOLE prefers a bill for elections.

[f. 6v] Ordered, upon question, that all petitions concerning elections and returns shall be preferred to the committee of privileges within a fortnight from this day or else to be silenced for this session. And this to extend to returns past. But other[s] to have a fortnight after the return.

SIR JAMES PERROT. To have a committee named for the examination of the Clerk's book every Saturday afternoon.

These, or any 4 of them, Committee Chamber, Saturday sevennight to be the first day.

L. 1a. An act for the better securing of the subjects from wrongful imprisonment and deprivation of their trades and occupations, contrary to the 29th chapter of the statute of Magna Carta.

L. 1a. Hospitals: an act for the reviving and making perpetual of one act made in the 39th year of the reign of the late Queen Elizabeth, entitled, An act for erecting of hospitals and abiding and working-houses for the poor.

L. 1a. An act for the freer liberty of fishing and fishing voyages to be made and performed in the sea coasts and places of Newfoundland, Virginia, New England and other the sea coasts and parts of America.

MR. [JOHN] GLANVILLE. To have a new day for the bill of concealments: and some other to be added.

All the lawyers of the House added to this committee. This afternoon, Exchequer Chamber, 2 o'clock.

[f. 7] MR. [WILLIAM] NYELL. 5 ships of Plymouth under arrest, 1 out of Dartmouth; cause this went to New England a fishing; by warrant from the Admiralty. To have those suits stayed until this bill have had his passage. This by Sir Ferdinando Gorges, his patent.

Ordered, that this patent shall be brought into the committee of grievances on Friday next.

L. 2. An act for limitation of actions and for avoiding suits in law.

Ordered, upon question, to be engrossed.

The committee of grievances to take into consideration the patents questioned or damned the last meeting in Parliament, and whether any of those have been since set a foot, or any other of like nature, and by whom. And the persons to be sent for to attend the committee.

L. 1a. An act for the repressing of drunkenness and restraining the inordinate haunting of inns.

Inferior courts to be prepared against tomorrow.

L. 2a. An act for the explanation of a branch of a statute made in the 3rd year of the King's Majesty's reign of England entitled, An act for the better discovering and repressing of popish recusants.

SIR EDWIN SANDYS. Necessary to commit this bill.

SIR EDWARD COKE. Discors concordia legibus apta est. Likes well to have this so well sifted.

Upon question, not to be committed.

Ordered, to be engrossed.

To peruse it after it is engrossed (they or any 2 of them) and to compare it with the former copy.

[f. 7v] SIR WILLIAM STRODE. To have a message to the Lords to desire them to join in a petition to the King to banish all recusants [from] the town by proclamation during the treaty of this business. And that if any member of this House have any servants recusants to discharge them, or if any protection given to any such/

SIR ROBERT PHELIPS seconds the motion. To do it speedily and presently.

Ordered that if any member of this House have any servant that is a popish recusant or refuses to go to church and hear divine service, he shall presently discharge him. This to be under pain of sequestration of the House.

MR. RECORDER. If any other, out of the like affection, shall make the like motion, it shall be done but by special allowance of the House, upon public motion.

Ordered that no man shall be allowed to keep a recusant servant but by special allowance of the House, upon public motion in the House.

SIR JOHN JEPHSON desires leave to send a servant of his to his house. Has the son and heir of the Provost of Munster, who a great papist. Has brought him to London. Desires leave to send him home.

SIR THOMAS JERMYN. To have those gentlemen that go to the Lords have this commission: to intimate to them what course we have taken for our servants here.

SIR DUDLEY DIGGES. To have something presently done to discountenance the papists.

SIR WALTER EARLE. At our last meeting, 5 articles presented to his Majesty concerning popish recusants: first, the banishing of them this town; secondly, disarming them/

[f. 8] Dissents from having it done by proclamation. That is to chalk out the King his own way.

Agreed, upon question, to send tomorrow morning a message to the Lords upon these 2 points: 1. of banishing popish priests/

These are appointed to meet at 2 o'clock and to set down in writing the message that shall be sent tomorrow to the Lords. Court of Wards; these or any 6 of them. This committee also to take into consideration the intimating of our order for discharge of servants recusants.

MR. [RICHARD] DYOTT. A great insolency committed by a popish recusant, styling himself the Bishop of Chalcedon. Came not privately, but in a public; confirmed about the number of 400 in three houses and changed the name of baptism. This the papists much boasted of. He that did this well known to this House by fame: Doctor Bishop, 6 chaplains and his mitre and robes.

MR. [CHRISTOPHER] BROOKE. Other reasons to send this message to the Lords than their insolency. Play the fox as well as the lion. Do what they can to disturb the peace of the Parliament. This titulary bishop has power to make seminary priests in England and so defeat the law that makes it treason for them to come into the land.

MR. [THOMAS] WENTWORTH. All seminary priests traitors. This land therefore full of traitors and treason. To have a touch of this to the Lords.

MR. CHANCELLOR DUCHY, double returned, elects to serve for Leicester.

[f. 8v] SIR WILLIAM POLEY elects to serve for Sudbury in Suffolk.

[House adjourned]

III. JOURNAL OF THE HOUSE OF COMMONS, PA, BRY/73

[f. 433]

Mercurii, 25⁰ Februarii, 21⁰ Jacobi

Sir Francis Popham, kt., and John Pym, esq., being both returned for one of the burgesses places for the borough of Chippenham in the county of Wilts, motion was made that Sir Francis Popham might be admitted into the House, for Mr. Pym being returned for the borough of [blank] in the county of [blank] served for that place in the House.

This motion was opposed by MR. [JOHN] PYM, who opened the point in question about their election and return.

MR. [WILLIAM] MALLORY. This more proper for the committee for privileges, and to admit Sir Francis Popham into the House in the meantime.

So [agreed] SIR GEORGE MORE, the rather because there is no petition from the borough of Chippenham against him.

DR. [BARNABY] GOOCH. Accordant, for so resolved in Sir Thomas Wentworth's case last Parliament.

SIR EDWARD GILES. A petition ready from the town to be delivered against him. Not therefore fit to admit him.

MR. CHANCELLOR DUCHY. Here a double return, therefore no reason to admit him until the question decided.

SIR H[ENRY] POOLE. It no prejudice to admit him. To spend no more time in it.

Ordered, upon question, that the matter be referred to the committee for privileges.

SIR WILLIAM FLEETWOOD moves for 3 boroughs in Buckinghamshire, viz. [blank], which as appears by ancient records have heretofore sent burgesses.

This referred to the committee for privileges.

Upon MR. [EDWARD] ALFORD'S motion, ordered upon the question that all petitions about elections and returns shall be presented to the committee for privileges within a fortnight from this day or else to be silenced for this session. This to extend to elections and returns past. Others to be confined to a fortnight after their return.

SIR H[ENRY] POOLE tenders a bill concerning elections and returns.

[f. 433v] SIR JAMES PERROT moves to have a committee named for perusing the Clerk's entries every Saturday in the afternoon.

These, or any four of them, to survey the Clerk's book of entries every Saturday in the afternoon in the committee chamber; Saturday come sevennight to be the first meeting.

L. 1a. An act to secure the subjects from wrongful imprisonment and deprivation of their trades and occupations contrary to the 29th chapter of the statute of Magna Carta.

L. 1a. An act for reviving and making perpetual one act made 39th Elizabeth, entitled, An act for erecting of hospitals and abiding and working-houses for the poor.

L. 1a. An act for the freer liberty of fishing and fishing voyages to be made and performed on the seacoasts and places of Newfoundland, Virginia, New England and other the seacoasts and parts of America.

The committee for the bill of concealments (now sine die) to meet at 2 of the clock this afternoon in the Exchequer Chamber. And all the lawyers of the House added to the committee.

MR. [WILLIAM] NYELL informs the House that 5 ships of Plymouth are under arrest for going to fish in New England. This done by warrant from the Admiralty upon Sir Ferdinando Gorges's patent. To have these suits stayed until the bill even now read have had his passage.

Hereupon ordered this patent of Sir Ferdinando Gorges shall be brought into the committee for grievances upon Friday next.

[f. 434] L. 2a. An act for limitation of actions and for avoiding suits in law.

Upon the first question, not to be committed.

Upon the second question, to be engrossed.

Ordered that the committee for grievances shall take into consideration the patents condemned or questioned in this House the last meeting in Parliament, and whether any of them have been since set on foot or executed, and by whom.

L. 1a. An act for repressing of drunkenness and restraining the inordinate haunting of inns, alehouses, etc.

L. 2a. An act for explanation of a branch of a statute made 3⁰ Jacobi, entitled, An act for the better discovering and repressing of popish recusants.

SIR EDWIN SANDYS. Necessary to commit this bill.

Upon the first question, not to be committed.

Upon the second question, to be engrossed.

These, or any 2 of them, to peruse this bill after it is engrossed and to compare it with the former copy, which passed the House last meeting in Parliament.

SIR WILLIAM STRODE moves to send a message to the Lords to desire their joining with this House in petitioning his Majesty to banish all recusants out of the town by proclamation during the treaty of this great business in hand, and to have it ordered that if any member of this House have any servant a recusant, he discharge him, and give no protection to any recusant.

SIR ROBERT PHELIPS seconds the motion, and to do it speedily and presently.

[f. 434v] Ordered that if any member of this House have any servant a popish recusant, or refusing to go to church and hear divine service, he shall presently discharge him upon pain of sequestration from the House.

SIR JOHN JEPHSON desires leave to send a servant of his, to his house in the country, who is the son and heir of the Provost of Munster, that is a papist; and the end of his keeping him is in hope to convert him.

MR. RECORDER. If any man, out of the like affection, shall desire the like, to have it allowed by the House upon public motion.

Which was accordingly so ordered.

SIR THOMAS JERMYN. To have this course of ours intimated to the Lords.

SIR D[UDLEY] DIGGES. To have something presently done to discountenance the papists.

SIR W[ALTER] EARLE. At our last meeting in Parliament, 5 articles presented to his Majesty concerning popish recusants. Dissents from sending to the King to have this done by proclamation for this to chalk out to the King his own way.

Upon question, agreed to send tomorrow morning a message to the Lords concerning a course to be taken for banishing popish priests, etc.

These, or any 6 of them, to set down in writing the said message to be sent to the Lords, and to take consultation how to intimate to the Lords our order for discharging servants, recusants, and to meet for this service in the Court of Wards this afternoon.

MR. [RICHARD] DYOTT. One Dr. Bishop, terming himself Bishop of Chalcedon, attended with 6 chaplains and in his mitre and robes, has publicly gone about, confirmed above 400 in a few houses and changed the name of baptism.

MR. [CHRISTOPHER] BROOKE. These play the fox as well as the lion. This titulary bishop has power to make seminary priests in England, and so defeats the law which makes it treason for them to come in.

MR. [THOMAS] WENTWORTH. All seminary priests are traitors.

MR. CHANCELLOR DUCHY returned for Leicester and Lancaster, elects to serve for Leicester.

SIR WILLIAM POLEY returned for Sudbury in Suffolk and Preston in Lancashire, elects to serve for Sudbury.

[House adjourned]

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

[p. 151]

Mercurii, 25⁰ Februarii 1623

Motion pur Sir Francis Popham.

SIR ROBERT PHELIPS. [Blank]

MR. [JOHN] PYM. L'injustice del ley [sic] est transeuns mes l'injustice dun rule est perpetuall. Retorne et poier del vicomte differ del bailliffe qui nest officer del recorde. Si 2^x retornes, le clerke del corone ne doit faire retorne s'il avoit recu 2^x indentures. 3. Chartre al burgesses d'avoir frank election. 200 villes serve par charter; 700 villes par prescription.

SIR GEORGE MORE. Our words be pauca, vera, ponderosa.

Sur question, referre al committee de privileges.

SIR WILLIAM FLEETWOOD. Pur 3 borrowes in Buckinghamshire. Referr auxy.

MR. [EDWARD] ALFORD. Pur limitte temps de compleints pur electons et retornes a fortnighte from this daye autrement deste silenced, et fortnight puis retorne del novel electons sur novel garrants.

Order, sur question.

Order, le clerkes liver deste examine chescun Satterdaye, et ceux ou 4 de eux (cest Saterday spared pur le comunion) in committee camera.

[p. 152] 1. L. Bill pur le melier securing les subiects d'imprisonment et use lour trade envers Magna Carta cap. 29.

1. L. Bill pur renuing et fesant perpetuall 39 Eliz. pur exection de hospitalls et working huises del pore et mesons de dieu et huises de correction.

1. L. Bill pur free piscante in parts de America. Passe le Huise le darrein temps.

MR. [JOHN] GLANVILLE. Pur novel lieu pur committee del monoplies. Touts les lawyers adde al committee; cest afternoone in [ex]checquer camere.

MR. [WILLIAM] NYELL. Pur staier suites, et pattent Sir Ferdinando Gorges deste porte eius al committee de greviances Friday nexte.

2. L. Bill pur limitacions d'actions et pur avoydante suites in ley.

Passe cest Huise le darrein [session].

Sur question, ne committee.

Sur 2nd question, sera ingrosse.

MR. [WILLIAM] MALLORY. Pur pattents devant de scier quil est become of them and si ascun use, et lusers d'attend le comimttee del greevances.

1. L. Bill pur repression de dronkennes et restrainte d'iniordinante hantinge de innes et alehuises. Cest bill passe ambideux Huises le darrein cessions.

2. L. Bill pur explanacion del branch de 3⁰ Jacobi pur repressessinge et discovery de popishe recusants. Passe ambideux Huises.

[p. 153] SIR EDWARD COKE. Discors concordia legibus consonans.

Sur queston, nemy committee; sur 2nd question, ingross et committee pur examiner ove le former.

SIR WILLIAM STRODE. Pur recusant deste remove del ville et servants.

SIR ROBERT PHELIPS. Servants papistes, Jesuits, seminaries et priestes.

Et pur servants fuit order, et qui ne fait cest sera sequester.

SIR JOHN JEPHSON. De remover nemy discharger ove hoape de gainer.

RECORDER FINCH. Pur order que chescun de mover cest avoir libertie de gainer.

SIR THOMAS JERMYN. Pur doner intimacion al seignours quid factum est touchant notre servants.

SIR DUDLEY DIGGES. Pur generall message.

Sur question, message al seignours pur banishment de preistes et Jesuites et remover recusants.

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

[f. 83]

Wednesday, the 25th of February

An order made for this session only that all questions of elections shall be entered within a fortnight after the beginning of the session.

[MR. WILLIAM] MALLORY motioned that all that had renewed patents damned the last session should bring in their patents and attend the House for censure.

This was agreed unto.

SIR WILLIAM STRODE moved that all recusants should be banished 10 miles out of town, and if any of the House had a recusant servant, he should discharge him.

SIR WILLIAM BULSTRODE moved if his master did not discharge him, himself should be removed out of the House.

So ordered.

Our zeal to do the uttermost good hinders us sometimes from doing any good at all.

SIR THOMAS JERMYN moved to intimate to the Lords what the House resolved concerning servants.

3 articles against recusants:

• 1. Banishing the town.
• 2. Disarming.
• 3. Banishing the priests out of the kingdom.

MR. [RICHARD] DYOTT made a narration of a Roman bishop, that about Martinmas last this bishop, entitled of Chalcedon, came into Staffordshire with his croziers, mitres and 6 chaplains, and confirmed at one time 400 in the Roman faith, and as was said, did change the name of baptism in one. This bishop's name was Dr. Bishop.

MR. [CHRISTOPHER] BROOKE. It is treason by the law for seminaries made beyond seas to come into England and for any to harbour such, to avoid which law this bishop instituted such here.

VI. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1

[p. 9]

Wednesday, February 25

Ordered by the House that all differences for elections and returns shall have their petitions delivered within a fortnight from this day, or else be silent, to the committee of privileges.

2. Ordered that Mr. [William] Mallory, Mr. [John] Pym, with others, shall review the Clerk's book of entries every Saturday in the afternoon.

Bill, an act for the preservation of 29th chapter of Magna Carta.

Upon the motion of MR. [WILLIAM] NYELL, the patent of Sir Ferdinando Gorges, patent [sic] to be brought in to the committee of grievances.

Ordered by the motion of SIR ROBERT PHELIPS and others, that if any member of this House have any servants of his attending him that will not go to church, he shall discharge him of his service upon pain to be sequestered the House.

[p. 10] A message to go to the Lords tomorrow morning for the banishing of priests and Jesuits out of the kingdom and that no recusant shall come within ten miles of the town. SIR Edward Coke and others to meet this day at two o'clock to consider of what the message shall be, the meeting to be in the Court of Wards.

A popish bishop came into Staffordshire and did confirm many, with copes on and chaplains attending him, about all hawleyen.

MR. [CHRISTOPHER] BROOKE. That the papists do what may be to disturb the peace of this Parliament.

This afternoon the first day that the [Grand] committee of courts of justices sat.

[p. 11] Wednesday, in the afternoon

Sir Edward Coke. The old course of Parliament was that few should be appointed to receive petitions.

A petition of John Grimsditch against the Lord Keeper for making an order by a petition and suppressing of witnesses when the cause was ready for hearing.

Sir Edward Coke. A Parliament is charger, Parliament for [blank]. Every member, before he comes into the House, [re]presents only the borough where he serves, but being in Parliament [re]presents the whole realm.

The committee appointed to hear the business of John Grimsditch against the Lord Keeper upon Wednesday next, and the Lord Keeper to have a copy of the petition sent him if he desire it.

Churchill and [Laurence] Washington complained on.

The petition of Edward Leigh.

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

[f. 11v]

[25 February 1624]

Sir Richard Weston reporte le Conference ove un commendation del eux que parle, et extenuation. Then spoke how begun my Lords and you gentlemen etc., and then to the third person that if ill affected to the part as all English ought. That he began at Sir R[ichard] W[eston's] embassy, which was the first discovery of their delay.

[f. 14] Bill pour 39 Eliz. deste revive pour pauvres.

Bill pour piscation lie in Virginia, Newfoundland en New England.

All the lawyers d'attenda committee del concealment in Exchequer Chamber.

A suit in the Admiral Court stayed by order from hence for the seizure of ships by a patent for trading without licence passed to engrossment.

The bill of limitations engrossed as it was.

The patents damned the last Parliament to be considered by the committees of grievance, and if any have been set on foot the parties to attend or be sent for.

The statutes of alehouses in King James's time to be continued by bill new read additions.

The bill for recusants read again to conclude the King to let to the recusants.

Recusant servants ordered to be put away else their masters to be sequestered.

That the Lords to be moved to join to the King to proclaim all their departure from London.

VIII. DIARY OF SIR NATHANIEL RICH, BL, ADD. MS 46,191

[f. 13]

Wednesday, third day of Parliament

Question about Chippenham burgesses; a great question whether Sir Francis Popham should be admitted where there are three returns.

DR. [BARNABY] GOOCH remembers Sir Thomas Wentworth's case, whose election was questioned but yet he sat here until his case heard. The law presumes of the goodness of an act which a man does virtutes officii, but not so of that which is done from a man's own interest. Mr. [John] Pym sits here by virtue of another choice and therefore can be no party to this.

SIR G[EORGE] MORE. That our words may be pauca, vera, ponderosa. For aught we know, the return of the bailiff may be as good as that of the sheriff and therefore we may receive him until complaint be made.

SIR D[UDLEY] DIGGES. A return is a record; therefore moves to have Sir F[rancis] Popham to be admitted.

But all referred to the committee of privileges and he not admitted. Pontefract and Illchester were admitted to send burgesses last Parliament. Hereford, Wendover, Marlow and Amersham in Buckinghamshire, those 4 were not resolved on but ordered it should be committed to the committee of privileges and Mr. Solicitor to be present.

MR. [EDWARD] ALFORD moves that all petitions should be presented within 14 days concerning returns and that a bill may be brought in to amend. To call for the bill of 12⁰ for that purpose.

SIR HENRY POOLE. He puts a bill to that purpose.

Order that all men that will question any returns already made shall complain to the committee within 14 days from this day.

[MR. WILLIAM] MALLORY moves that the Clerk may enter no man's name and only the determinations of the House.

SIR JAMES PERROT. A committee to be appointed to examine the Clerk's book every Saturday in the committee chamber, but the first day to be on Saturday come sevennight.

Bill for explaining the 29 cap. of Magna Carta. First read.

Bill to perpetuate an act for hospitals made anno 39 Elizabeth. First read.

Bill for free fishing in Newfoundland and other places in America. First read.

No committee under 8.

MR. [WILLIAM] NYELL acquaints the House that 5 ships are under arrest by reason of the patent for New England. Desires that the patent be brought in to the committee of grievances next Friday.

And so ordered.

[f. 14] Bill for limitation of actions. Second read. Ordered to be engrossed.

[MR. WILLIAM] MALLORY moves to know what is become of the patents which were last Parliament damned and whether any of them have been set a foot or no and by whom, and if they have been the parties that set them a foot to be sent for to answer it.

This referred to the committee of grievances.

A bill against drunkenness, first read, that passed both Houses last time.

Bill of recusants to explain the act 3⁰ Jacobi.

That all leases made of King's part to the recusant or his use to be void.

SIR EDWIN SANDYS moves the commitment of the bill. This much controversed. The reasons for the commitment. 1. Because there is another bill of the same nature; therefore to provide that they do not cross. But this answered that because this bill passed both Houses, not to clog this but to make that answerable to this. But another reason to commit these bills because there may be a mistaking between these laws now read and those that have passed by error of the Clerk. Therefore to commit it only to examine whether it be truly copied out. A papist like a Proteus: if the fetters be little then he will be great, if great he will be little.

SIR WILLIAM STRODE. For a message to the Lords to join in a petition to the King for a proclamation to send home recusants. And that no member of this House may have a popish servant.

SIR ROBERT PHELIPS seconds this motion. In business of public interest and general safety, to join with the Lords.

Ordered. That no member of this House keep a Catholic servant with him about the town or else he himself to be sequestered this House unless upon motion in the House it be allowed.

SIR THOMAS JERMYN. That we should intimate this order to the Lords.

SIR WALTER EARLE. That there were 5 articles concern recusants: first, the banishing them this town; secondly, disarming them generally; thirdly, the banishing of them the kingdom/

[f. 15] MR. [RICHARD] DYOTT. A popish Bishop of Chalcedon came into Staffordshire in his pontificalibus; confirmed 7 or 8 score at a time; at least 400; and changed their names. His name is Dr. Bishop.

Reasons of the message.

MR. [CHRISTOPHER] BROOKE. Not only because they affront us. They play the fox as well as the lion, for they assault every Parliament-man and do what they can to disturb the peace of the Parliament. The law is that all seminary priests so made beyond the seas: this is treason. But now this law prevented by sending a titulary bishop to make priests, etc.

MR. [THOMAS] WENTWORTH. That Jesuits and priests by the law are traitors. Is it not wonderful that traitors should walk up and down with impunity? To tolerate traitors is against the crown and dignity of the kingdom.

[Afternoon]

At a [Grand] committee for courts of justice on Wednesday ordered

That all petitions concerning any proceedings in courts of justice shall be publicly read at the general committee in the presence of the party.

Petition of John Grimsditch, esq.

Sir E[dward] Coke. This House has great liberties which they were wont to protest. This House they are the general inquisitors of the realm, and not the Upper House, because we come out of all parts of the realm. Everyone here has tripliceus potestatem: first, plenam potestatem; first [sic], pro self; secondly, for the place for which he serves; thirdly, when he sits here for the whole realm. We are inquisitors: first, because they have best notice of it; secondly, because the caterpillars and cankers of this kingdom work upon the commons and not the great men; therefore the Commons are most sensible of it.

Ordered that my Lord Keeper may, if he please, have a copy of the petition and, if he desire it, that he may make answer by his counsel; but not to send him a copy as from us, for that is against order. The Register to be sent for and [John] Grimsditch to be enjoined to attend on this day sevennight, with his proof.

IX. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237

[f. 95v]

25 February

This day was spent in reading of bills.

A motion was made by SIR WILLIAM STRODE that we should send to the Lords to join with us in a petition to the King for the banishment of the recusants, and [they] to depart the town presently; and that every member of the House that had any servant that would not come to the church and hear divine service, they should presently put him away upon pain to be put out of the House, which was ordered by question, and a committee chosen to prepare the message to the Lords against the next day.

MR. [RICHARD] DYOTT, a lawyer, told the House that in Staffordshire very lately, the titular Bishop of Chalcedon, whose name is [Dr.] Bishop, has [f. 96] lately gone up and down Staffordshire clad in a rich cope with a mitre on his head and a crosiers staff in his hand and 6 chaplains attending on him, and confirmed numbers of people in divers places; in some places 160 at a time and in 3 gentlemen's houses of that country confirmed 400. And the papists did not desire to conceal this but boasted of it to divers others otherwise affected what a brave and glorious religion theirs was and how base and poor ours was.

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

[f. 20]

Wednesday, 25⁰ Februarii 1623

SIR DUDLEY DIGGES said a return to this House is a record here, and if we admit not of a member so returned, we do make an order against a record; and may by such frivolous questions be deprived of a good member. He says that there was the last convention a question of the same nature for Sir Robert Hatton for Sandwich. But Sir Robert Hatton sat here until the committee had heard the examination of his election, and the House determined that his election was void. And there are many the like precedents.

It is ordered, by question, that this question of the election of Sir Francis Popham shall be referred to the committee of privileges. And he was not admitted, neither any question put whether he should be admitted or no.

MR. [EDWARD] ALFORD would that all petitions for the undue elections should be delivered to the committee within fortnight, and that there should be a bill concerning undue elections; should be looked out by the Clerk and receive a speedy reading.

It is ordered, to avoid the troubles of this business of undue elections and privileges, that all petitions which shall be for elections and returns shall be preferred to the committee of privileges within fortnight from this day, or else to be silenced for this sessions [sic]. All others upon new elections to be made shall be preferred within fortnight after the return of such new elections.

[f. 20v] MR. [WILLIAM] MALLORY would not have the names of any member of this House written by the Clerk, and that a committee might be appointed to peruse the Clerk's book.

It is ordered that a committee appointed shall every Saturday in the afternoon peruse the Clerk's book of entries.

An act for the better securing of the subject from wrongful imprisonment and deprivation of their trades contrary to the 29th chapter of Magna Carta. By this, the party that hinders any man from his lawful trade shall forfeit 10 times as much as they shall hinder any such person, and no essoin, protection, privilege or injunction shall be allowed to the offender in this case. Proviso that this shall not extend to any commitment made by his Majesty or 6 of the Privy Council.

An act for reviving and making perpetual a statute made in 39 Eliz., entitled An act/

An act for the freer liberties of fishing and fishing voyages in Newfoundland, Virginia and New England and other parts of America. Dormit Lords.

By the order of the House, a committee cannot sit on any business unless there be 8 of them that meet.

[f. 21] MR. [WILLIAM] NYELL says that there are 5 ships now under arrest at Plymouth for fishing contrary to a patent granted for fishing to Sir Ferdinando Gorges.

It is ordered that this patent of Sir Ferdinando Gorges shall be brought into the committee of grievances on Friday next.

An act for the limitation of actions and for avoiding of suits in law. r. p.

By this, actions of assaults, batteries or imprisonment to be within one year.

MR. [WILLIAM] MALLORY desires that such as have set on foot any patents which were damned here may be sent for and receive here the censure of this House.

It is ordered that the committee of grievances shall take into consideration the patents that were questioned or condemned here the last meeting in Parliament and examine whether those were since set on foot or any other of the like nature, and by whom, and the persons and patents are to be sent for.

MR. [JOHN] PYM would not have us use the word of last convention, but the last Parliament.

And thereupon in the order before, it was set down at the last meeting in Parliament.

An act for the better repressing of drunkenness and restraining the inordinate haunting of inns, alehouses and tippling-houses.

This bill passed both Houses last meeting in Parliament. r. p.

[f. 21v] An act for the explanation of the branch of a statute made in 3⁰ Jacobi, entitled An act for the better discovering or repressing of popish recusants. 2. L. Le Roi s'avisera.

SIR EDWIN SANDYS would have this bill committed though it be but an explanation, for that it will cross otherwise the body of another bill, which is better to meet with papists.

RECORDER FINCH. Since that this bill did pass both Houses, he would not have it clogged.

MR. [JOHN] PYM says since there may be at a committee an easy reconciliation between this bill and another as good of the same nature, he would have this committed.

SIR EDWARD COKE. If a law be to make a deed void, then a non obstante cannot help it. That because this has passed with the Lords, those Lords who are not so well affected will not disagree from the passing of it, and those who have passed it will be ashamed to refuse the passing of it again. That he will undertake to reconcile this bill and the other which is prepared against the papists.

It is ordered that this bill shall be, as it is now, engrossed, without any commitment.

SIR WILLIAM STRODE would have the House send a message to the Lords to join with us in a petition to the King that there may be a proclamation that all papists may speedily leave this town, and that our members discharge all servants and protections given to any supposed papists or that will not go to church with their masters.

[f. 22] SIR ROBERT PHELIPS. That the next step that the papists who have been raised with hope of a good success for themselves is desperation, and would therefore have us speed a message to the Lords as Sir William Strode moved, and that if there be any member that has a servant who will not go to church or that he supposes to be a papist, that he may be ordered to discharge him forthwith.

It is ordered that if any member of this House has a servant that is supposed to be a papist, that he shall presently discharge his servant upon pain of such members being sequestered this House.

SIR THOMAS JERMYN would have the message that go to the Lords give intimation of the course that we have taken with our servants.

SIR DUDLEY DIGGES would have us go on with our message to the Lords to join with us in petition to the King that recusants might avoid this town, without any intimations of the course we have taken with our servants.

SIR WALTER EARLE would have added to such message for a petition to the Lords that papists should be presently disarmed, and priests and Jesuits banished the kingdom. But would not have us move for to have it done by proclamation but leave it to the King to take such course in it as shall seem best to his Majesty.

[f. 22v] It is ordered that there shall go tomorrow morning a message to the Lords to desire their Lordships to join with us in a petition to the King, that papists convicted may according to the statute not come within 10 miles of this town. And that a committee shall consider this afternoon of the substance of this message to be sent to the Lords and present it to the House tomorrow morning.

MR. [RICHARD] DYOTT says that in Staffordshire a Romish bishop, called the Bishop of Chalcedon, who did bishop many there in an episcopal manner in his robes attended with 6 priests, his chaplains. He baptized 120 at a time and that he confirmed in 3 houses about 400 and changed the name of one person that was baptized. Dr. Bishop, who has written many books against Perkins, was the man that did exercise this popish episcopal office, which thing caused a great distraction among the well affected in that country and a great insolency in the papists there.

MR. [THOMAS] WENTWORTH says that Jesuits and priests are by the laws of the land traitors, and there is not traitor without treason, and it will be dangerous to allow of treason and traitors in this kingdom.

XI. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980

[p. 21]

Wednesday, the 25th of February

SIR ROBERT PHELIPS moves that Sir Francis Popham, being returned a burgess for Chippenham by the bailiff, might be admitted the House, who did yet forbear because another was returned also in his place, who now had notwithstanding chosen to serve for another place (this was Mr. [John] Pym). But MR. [JOHN] PYM opposed this motion, saying that howsoever he being returned for that place had now chosen to serve for another, yet that Sir Francis Popham was not to be admitted because he was not returned by the right and proper instrument that should make the return, which was the [blank], but his return being made by the [blank], if that should be allowed it would prejudice the right of the town of Chippenham. He advised the House to consider well of it, saying that it might concern many of the members of that House, who being returned for corporations according to the privilege of their special charters, if other returns should be made by a power assumed and not according to the charter, it would call into confusion the elections of all corporations. And therefore as the error of a law or rule was more dangerous than the error of a judge, the one being transitory, the other permanent, so that the House would please to take especial care of this case, not for the particular so much as for the danger of the consequence.

[p. 22] MR. [WILLIAM] MALLORY moves for his admittance until the committee of privileges have determined it.

DR. [BARNABY] GOOCH moves the same until it be considered.

SIR GEORGE MORE affirms the orders of the House do allow it and alleges the case of Sir Thomas Beaumont last meeting and others.

SIR DUDLEY DIGGES says the matter of return is a record and until the record be disproved it ought to stand good.

The matter was left to the committee.

SIR WILLIAM FLEETWOOD moves for Amersham, Wendover and Marlow, ancient boroughs in Buckinghamshire, to be restored to their right of sending burgesses to the Parliament as Pontefract and Ilchester and that they were allowed the last meeting; if it had been a Parliament, they had passed.

MR. [EDWARD] ALFORD moves that the parties interested in all differences of election may put in their complaints in a short time to ease the House of the long trouble of it.

It was ordered accordingly to be before this day fortnight.

It was declared for the constant order of the House that no man should move in a new matter until the last in question were ordered, and the order read.

MR. [WILLIAM] MALLORY moves that no man's name be entered into the Clerk's book nor anything but orders.

SIR JAMES PERROT moves that some be appointed to examine the Clerk's book every week, on Saturday afternoon.

[p. 23] A bill for saving the subject from wrong imprisonment according to the 29th chapter of Magna Carta.

A bill for continuing an act made 39 of Eliz. for maisons de dieu and hospitals.

A bill for fishing voyages.

The bill of concealments was committed to the lawyers of the House and others.

And the patent of fishing is ordered to be brought into the committee of grievances next Friday.

A bill for the limitation of actions for the time of them was now read again. And by order was to be engrossed.

MR. [WILLIAM] MALLORY moves that the patents that were damned the last meeting may be called for and inquiry made whether any of them since have been executed or revived; and that in remembering the last meeting it may not be called a convention (a new and unheard of term) but a Parliament.

It is ordered that the committee of grievances shall consider according to this motion.

A bill for restraint of drunkenness, changed only from the old in that one witness is enough.

Passed both Houses last time.

The bill for recusants was excepted against by MR. [JOHN] PYM and SIR EDWIN SANDYS because they thought that it crossed another bill that was put in of greater consequence.

SIR EDWARD COKE likes this discussing of business, saying discors concordia aptat legibus, etc.

It was put to the question and ordered to be engrossed.

[p. 24] SIR WILLIAM STRODE moves that this House would move the Upper House that they might both agree to banish the popish recusants out of the town and to have all the popish servants put away from their masters.

SIR ROBERT PHELIPS advises the House to consider that the papists, they are now fallen from the pinnacle of their hopes whether [sic] our misery had raised them, and were now (in much probability) in the dungeon of desperate attempts.

An order was hereupon made that all of this House should put from them all such servants as were no Protestants, upon penalty that he should be sequestered the House that did it not.

SIR JOHN JEPHSON desires that the sequestering of their servants might be enough because, for his particular, he had at his late coming out of Ireland a youth of that country, well born, that was by his parents commended unto his trust, and that he was willing to send him away from London but desired he might not be enforced to part with him altogether, because he had great hope to convert him, as he had many others of that nation, professing he never kept any after he found them obstinate and not to be persuaded to our religion.

[p. 25] SIR HENEAGE FINCH, Recorder, moved that whosoever would give so good a reason for the keeping of his servant as Sir John Jephson had done and were as likely to do so much good as he, that he might be allowed.

SIR WALTER EARLE moved that the 3 articles concerning recusants of the petition presented to the King last Parliament might be presented now.

An order was made that certain committees should meet this afternoon, 6 at the least of them, and should draw a form of a message to be presented to the Lords concerning the confining of recusants, convict or not, from the town.

MR. [RICHARD] DYOTT informed the House that lately in Staffordshire there came one [Dr.] Bishop, who styled himself the Bishop of Chalcedon, to many great houses in the county, having with him 6 chaplains, crosier, mitre and cope, and did exercise episcopal authority there confirming sometime 7 or 8 score at a time in some places, and in 3 times 400, and that the papists did boast of it and publish it boldly.

MR. CHRISTOPHER BROOKE informs the House of some papists that do yet present themselves to Parliament-men and threatening them to look to themselves; and that the said bishop had ordained priests in England, and desires the law may be enlarged concerning such ordination because, as it is, it only concerns such as are or shall be ordained beyond the seas.

[p. 26] [Afternoon, at the Grand committee for courts of justice]

At the committee this day (being the 25th of February, Wednesday afternoon), which was held in the House by the whole House, except the Speaker, to examine the corruption of judges and courts of justice, Sir Robert Phelips had the chair.

It was moved that a subcommittee should be appointed to view and examine whether the bills of complaint exhibited to them were all fit to be read publicly, or at all, to the whole committee because it was an use the last Parliament, and happily some bills might be long and frivolous, and it was not fit to trouble the House with them, some foul and personally scandalous and not fit to be published.

Sir Walter Earle, Sir William Strode and Sir Nathaniel Rich hold a subcommittee not fit, both because the party accused falsely may so want his open and fair justification and the false accuser may escape punishment, and [p. 27] besides it was feared that the last time this course was used, divers petitions were smothered and never brought forth, to the discontent and wrong of many.

Sir George More holds it also not fit, saying it was never used until the last time and the [sic] it is proper to this committee to take notice of all.

But some alleged the tediousness of many and long complaints, and that it was not probable that any complaint of moment could be suppressed. If there were 20 of the committee, all would not conceal it and if they did, he should be ill befriended that had not one friend in the House to call for it or an account where it was.

Sir Humphrey May, Chancellor of the Duchy, moved it for a subcommittee.

Sir Edward Coke says the old parliamentary course is the best and that was that there should be receivers of petitions appointed; but in this particular, it was found an inconvenience and prejudice to many, as well those of the committee as the parties complaining, for besides the undue and unjust concealing of petitions, there was also much matter of envy gained from great persons if the committee would not favour them; if they did, they wrong their conscience.

It was therefore ordered by this committee that all complaints should be read in open court and no subcommittee to examine privately.

Then was delivered in a petition from John Grimsditch, esq., who being required to set his hand to it and to hear it read was after put out of the House for a season. The complaint follows. [p. 28] The complaint was against the now Lord Keeper, Dr. Williams, Bishop of Lincoln, for a wrong judgement and undue course of proceeding in a case between Sir Samuel Peyton, Sir Robert Wingfield and Sir [blank] against Grimsditch as executor to Sir Roger Aston, that he did not judge secundum allegata et probata and that he instead of a judge became a witness, affirming he knew £100 which by Sir Roger's notes under his own hand was set down to be lent to Dr. [Theophilus] Field by the said Sir Roger, not to be lent but absolutely given to Dr. Field by Sir Roger, notwithstanding that a note was to be shown under Dr. Field's hand to acknowledge it as a debt. He accused the register for suppressing his proofs, especially on[e] churching.

The order of the committee was that the [Lord] Keeper might have a copy of the petition if he desired it and that the party be enjoined to attend the committee with his proofs next time they sat.

Sir Edward Coke discourses of the power that the House has to receive petitions, nay more, to make protestation by their Speaker. That the House of Commons is the general inquisition of the realm, that 3 principal ends of Parliament there are: creation and execution of laws; redress of grievances and mischiefs; and power of judicature.

[p. 29] Order is made to allow all parties complained of at this committee a time and liberty to answer, by counsel, for such are great persons and in special employment; the inferior ones must personally attend and appear, with their counsel.

Edward Leigh, gentleman, made a long account of the Chancery and other courts, but the bill was cast out as frivolous.

Edward Throckmorton complained that by the undue proceedings of Sir Oliver Cromwell and the unjust censure of the Chancery, a commission has twice been sent to the Sheriff of Huntingdon to deliver possession of a house which the complainant holds as heir to the sister of Sir George Walton, knight, and that thereon his possession is unjustly disturbed; his house battered with ordinance and that Sir Oliver Cromwell had been the means of all this.

Sir Oliver Cromwell, as a member of the House, was required to declare the matter, who related that Sir George Walton on his death bed offered to make him his heir, but he would not and moved him to remember he had heirs by his sister, but he would not hear of him, which was Throckmorton, because, as he said, he had been Catesby's man in the powder treason; and that the said Sir George had by his will disposed of his lands and entrusted Sir Oliver to see it executed according to his devise, and that he had done no otherwise.

XII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 392

[f.1]

25 February, Wednesday

[MR. EDWARD] ALFORD. That all petitions about returns be preferred within a fortnight from this time.

It is so ordered that all petitions for elections and returns be preferred to the committee of privileges within a fortnight from this meeting and session.

[SIR JAMES] PERROT. That a committee may be appointed to view the entries and orders in the Clerk's book upon Saturday in the afternoon.

It is so ordered and a committee of 8 appointed: [Sir Henry] Poole, [Sir George] More, [Mr. John] Pym, [Mr. Edward] Alford, [Mr. William] Mallory, [Sir James] Perrot, [Sir Francis] Seymour, [blank]. These or to any 4, in the committee chamber.

A bill, first read. An act for securing the subjects from wrongful imprisonment and deprivation of their trades and occupations contrary to the xxix chapter of Magna Carta.

SIR WILLIAM SPENCER. That the bill of trade might be read.

An act for making perpetual an act made in the 39 of Eliz. for the erecting hospitals.

An act for the freer fishing and fishing voyages to be made in Newfoundland, New England, in America.

[MR. JOHN] GLANVILLE. Moves a new time and place for the committee of the bill of concealments, this afternoon in the Exchequer Chamber, two of the clock.

It is so ordered.

[MR. WILLIAM] NYELL. That five ships are arrested at Plymouth and £1,000 bail required by Sir Ferdinando Gorges, for fishing.

It is ordered that Sir Ferdinando Gorges bring in his patent to the committee of grievances upon Friday next.

[f. 1v] Second reading. An act for limitations of actions and avoiding suits in law.

[MR. WILLIAM] MALLORY. That a view be taken of the patents damned the last convention and to see if any of them be since set afoot.

It is ordered that all the patents that were questioned or damned the last meeting of Parliament whether they be set on foot or any other and by whom and the parties be sent for, this to be considered by the committee of grievances.

First reading. An act made against drunkenness and restraining the inordinate haunting of inns and alehouses.

Second reading. An act for the explanation of an act made in the 4th of the King for the suppression of popish recusants. Put to the engrossing, and [Sir Edward] Coke, [Sir Thomas] Trevor, Mr. Recorder, [Mr. John] Pym, [Sir Nathaniel] Rich, to view the first draft and compare it with this bill and all other bills.

[SIR WILLIAM] STRODE moves that a conference be had with the Lords that both Houses to prefer a petition to the King for a proclamation to abandon the recusants now from this town and that no member give entertainment to any servant that is popish nor protection [to any] that will not go to church.

[SIR ROBERT] PHELIPS moves to the same effect.

[SIR WILLIAM] BULSTRODE moves that an order may be made that if any member shall not discharge a popish servant, he may be sequestered.

[f. 2] RECORDER moves that if any member can give better reason for the keeping of a popish servant that goes not to church than the causes moved here in the House, he shall keep it.

It is ordered that no man shall be allowed to keep a recusant servant upon sequestration of his place.

The message to the Lords: that the Jesuits and priests may be abandoned the kingdom and execution of the laws against convicted recusants be had. The messengers: [Sir Edward] Coke, Treasurer, Comptroller, [Sir Robert] Phelips, [Sir Edwin] Sandys, Solicitor, [Sir Nathaniel] Rich, [Sir Francis] Seymour, [Sir Thomas] Jermyn, [Sir William] Strode, [Sir George] More, [Sir Dudley] Digges, Recorder, or any six.

[MR. RICHARD] DYOTT reports that in Stafford a Bishop of Chalcedon, popish, came into divers places, exercised his function and confirmed in 3 houses at one time 400. This the recusants did magnify, and vilify our church. Their function they did exercise in copes, crosier, staff and the robes of their function, with six accompanied with the bishop.

[MR. CHRISTOPHER] BROOKE. That the recusants to avoid the law, the titular bishops have power to give orders here to make priests.

[f. 2v] [Afternoon]

At the [Grand] committee for courts of justice. Sir Robert Phelips in the chair.

[Sir Robert] Phelips moves whether that a subcommittee be named to take and reject petitions.

Sir Robert Killigrew agree.

It is ordered that no subcommittee shall be made but that all petitions shall be preferred to the whole committee and the party that prefers it to stand by until the petition be read.

[Sir Henry] Anderson preferred a petition against the Lord Keeper and the registers.

[John] Grimsditch, esquire. Petition for making a private order after publication before the cause came to be heard, in suppressing witnesses and being a witness himself.

[Sir] N[athaniel] Rich. That the gentleman who preferred the petition be ordered to bring in his proofs, and that the Lord Keeper have a copy of the petition and his answer heard by counsel, and that the registers appear in person.

[Sir Edward] Coke. This court has many powers, the one at the beginning to have the liberties allowed, which show they be just; the next, they are the general inquisitors of the realm, first for execution of laws, next for redress of mischiefs and grievances that happen. Every man that sits have 3 powers: one of himself, and the county, and the whole realm after his coming. The great ones are not acquainted with the caterpillars that annoy us.

It is ordered that a copy of the petition shall be sent to the Lord Keeper, if he desire it, and that the gentleman that preferred [f. 3] it shall attend the committee this day sevennight with his proof.

The register that made the certificate was [Laurence] Washington, and the other Churchill.

Grimsditch is to give in the names of his witnesses tomorrow to Sir Robert Phelips.

The petition of Edward Leigh, gentleman, rejected.

The petition of Edward Throckmorton, gentleman, against Sir Oliver Cromwell and the Lord Keeper, that he would not suffer him to examine one witness but granted a commission to the shrieve to take possession of the said Throckmorton's land and the shrieve returned without taking possession. Then a new commission was sent to the shrieve and the shrieve took the power of the county and ordnance.

Sir [George] Walton would have made Sir Oliver Cromwell his heir. He names a sister's son of Sir Walton's, this petitioner, but he would not hear of it because he was servant to Catesby when he should have committed the powder treason, saying no traitor should be his heir.

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

[f. 6]

Wednesday, February 25

MR. [EDWARD] HUNGERFORD would [sic] that Sir Francis Popham might be admitted into the House as burgess of Chippenham, being returned by the bailiff and about 30 other of the inhabitants, whom notwithstanding the Clerk of the Crown did refuse to certify because another return was made on the behalf of Mr. [John] P[ym].

The case was this. In that town, there was a corporation consisting of the bailiff and 12 burgesses, who claimed by their charter to have power to nominate the burgesses for the Parliament. Seven, being the greater part of these, made choice of Mr. [John] P[ym]. The bailiff and 5 other chose Sir Francis Popham, and the better to fortify their election caused divers of the town to join with them. Indentures were returned on both parts to the sheriff and by the sheriff into the Crown Office.

This motion was seconded by SIR ROBERT PHELIPS and some other, alleging the bailiff to be the proper officer and that his return ought to be received until the right were tried, for which divers precedents in the case of elections for counties were vouched.

Against this motion was objected:

• 1. The difference between sheriffs and bailiffs, that the sheriff was sworn, and an officer by record. So was not the bailiff. That the sheriff, though he were a minister in respect of the Parliament, yet he was a judge in respect of the county court where the election was made, and his returns as other judgements must be held good until they were reversed by a superior court. But the bailiff was always either only a minister or a party, and so of less credit.
• 2. The difference between those acts of a court which were of ordinary jurisdiction and those which were of contentious jurisdictions. In the probate of a will, if there were [f. 6v] no exception the ecclesiastical judge did pass it of course; but if there were a caveat it must be proved per testes. So in this case, if the bailiff's return had come alone, the House might receive it, but being controverted, both parties ought first to be heard.
• 3. That in causa praeiudiciali, no such pretence [sic] ought to be given as would determine the main point of the controversy, but only of some precedent or preparatory matter. But in this case, the thing in controversy was the right of sitting in the House. So that by admitting Sir Francis Popham, they should conclude the other part without hearing.
• 4. The House should hereby relinquish the power of judicature and leave it to sheriffs and to the Clerk of the Crown.
• 5. Bailiffs would be encouraged to make return[s] at their pleasure, being sure to be admitted, knowing what an advantage possession was, and that the session did often end before all questions could be determined. And in the meantime, the House should be filled with questionable and undue members.

Whereupon it was ordered that neither return should be received until the cause were heard.

Upon MR. [EDWARD] ALFORD['S] motion, it was ordered that no complaint against any election should be received unless they were brought in within a fortnight, and for such elections as should be hereafter made the time to be reckoned from the return of the writ.

MR. [WILLIAM] MALLORY moved that the Clerk might take no man's name to any motion, but only the matter ordered.

An act for securing subjects from wrongful imprisonment, etc.

An act for reviving the statute 39 Eliz. for small hospitals and working-houses.

An act for liberty of free fishing upon the coasts of America and New England.

By occasion of this bill, a complaint was made that, at the prosecution of the patents of New England, ships of Plymouth and of Dartmouth were arrested, and could not be released upon £1,000 bail, by warrant out of the Court of Admiralty, and it was desired these suits might be stayed and the patent brought in.

The complaint was referred to the committee for grievances.

An act for limitation of actions. Committed [sic].

[f. 7] An act for the better repressing drunkenness.

February 26 [sic]

An act for the explanation of a branch in the statute 3⁰ Jacobi for better repressing popish recusants.

An addition was offered to this bill, that patrons might take the oath of allegiance before they did present. And some exception taken that this bill concerned recusants only in one point, but there was another very good bill, more general, which this in some words did seem to cross. Therefore, it was desired that if this bill were committed, it might stay in the committees' hands until the other were likewise committed, so they might be examined both together. But after some debate, it was not thought fit either to clog it with any new provisos or to delay it by commitment.

Therefore it was ordered to be engrossed.

It was ordered that those members of the House that kept any recusants to their servants should send them out of town.

A message was likewise appointed to be sent to the Lords concerning some further course to be taken with recusants.

MR. [RICHARD] DYOTT informed the House that one Dr. Bishop took upon him the execution of Episcopal jurisdiction by authority from Rome under the title of Bishop of Chalcedon. That he travelled in Staffordshire with his crosier's staff and 6 chaplains, and had confirmed great multitudes in their houses, at least 400.

It was conceived by MR. [CHRISTOPHER] BROOKE that the end in making this bishop was that the priests ordained by him might avoid the penalty of the law which provided against priests made beyond sea.

But it was answered by MR. [THOMAS] WENTWORTH that the law included all such as were made by foreign jurisdiction, so as they might be indicted notwithstanding this shift.

Eodem die, at the committee for courts of justice

It was moved that a subcommittee might be appointed to receive petitions to avoid expense of time, which seems to be most agreeable to the ancient course of receivers and triers.

But it was objected by Sir Edward Coke that that order was antiquated upon good reason to avoid envy and danger of exception.

So it was concluded that all petitions should be presented in the full committee.

At a committee for the bills of concealments

The bill was found to extend to bar the King in divers cases beyond the intention of the House, which [f. 7v] were now saved, the spent entails, attainders, escheats, exchanges, custodies, absque compoto, castles, lands annexed to offices, forfeitures upon mortmains, reversions upon terms for years.

It was likewise moved that the law might be made executory for such titles as should hereafter accrue.

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

[f. 28]

Wednesday, 25th of February

Question moved concerning the return of the burgesses of Chippenham, whether Sir Francis Popham should sit in the House or not until the difference were determined between him and Mr. [John] Pym, two indentures being returned.

Resolved by the House to refer it to the committee of privileges.

An order made that no petition be received concerning elections and returns unless they be brought in within a fortnight.

SIR JAMES PERROT'S motion for a committee to meet once a week to see the entries made by the Clerk.

Bill for freeing the subject from wrongful imprisonment, etc., according to Magna Carta. First read.

Bill for reviving a statute made 39 Eliz. concerning founding of hospitals. First read.

[f. 28v] Bill for free fishing on the coast of Newfoundland, New England, Virginia and other the coasts of America. First read.

MR. [WILLIAM] NYELL'S complaint. 5 ships of Plymouth arrested by virtue of the New England patent.

Motion that suit in the Admiral Court might be stayed until the bill for free fishing were resolved upon.

Ordered that Sir Ferdinando Gorges should bring in the patent on Friday.

Bill for limitation of actions and for avoiding suits in law. Second read, passed to be engrossed.

Motion that the committee of grievances might take into consideration the patents adjudged to be grievances the last Parliament.

Ordered accordingly.

Bill to repress drunkenness, and restraining inordinate haunting of inns and alehouses. First read.

Bill for explanation of the statute for better repressing and discovering of popish recusants. Passed to be engrossed without commitment. 2nd reading.

SIR WILLIAM STRODE'S motion, seconded by SIR ROBERT PHELIPS [f. 29], to go to the King to move him to cause the recusants to depart the town.

Ordered that if any member of the House have a servant a recusant, if he send him not away, he shall be sequestered the House.

Ordered that a message should be sent to the Lords concerning the former proposition.

Committees appointed to frame it.

MR. [RICHARD] DYOTT. An instance given in an insolency committed in Staffordshire among recusants, one taking upon him to be Bishop of Chalcedon attended with 6 chaplains, confirmed 8 score at a time publicly, in the whole to the number of 400; his name is Dr. Bishop.

[Afternoon, at the Grand committee for courts of justice]

Wednesday afternoon. Committee of the whole House for reformation of abuses in courts of justice.

Resolved by the question, there should be no such subcommittee authorized to admit of, or refuse, petitions exhibited as was appointed the last Parliament.

A petition exhibited against the Chancery and the Lord Keeper and the registers by one [John] Grimsditch.

The petition read, they being present.

Sir Edward Coke. This House are the general inquisitors of the realm, 36 E. 3. Parliaments assembled for execution of laws, for redress of mischiefs and grievances [f. 29v] that daily do happen. Every member has full power, first, for himself; second, the borough; third, when he is come, he is for the whole realm. They are inquisitors because they best know the state of the several parts of the kingdom. The greatest subject that is must be subject to this inquisition.

Ordered that the Lord Keeper might, if he pleased, have a copy of the petition.

The registers to be sent for.

This day sevennight appointed to hear the business.

A petition delivered in by one Edward Leigh against [blank]. Rejected.

A petition against the Lord Keeper, Sir Oliver Cromwell, etc., by one Throckmorton, touching the granting of a commission upon an order of Chancery for putting one in possession, in the execution whereof some men were killed.

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

[f. 59v]

February 25, Wednesday

A motion strongly argued about the bringing in of Sir Francis Popham into the House, whose election being controlled it was denied and he referred to the committee of privileges.

A motion for the restoring of certain towns in Buckinghamshire, Wendover, Marlow, Misseden [sic] and Amersham, to their former privileges of having and sending burgesses to the Parliament.

A motion for the limitation of all complaints about election to be tendered within a fortnight from this day or to sit down for this Parliament, in regard the House spent so much time in [f. 60] examining and rectifying of them. It was thought too little, yet agreed upon for this time, and all new elections which might happen upon double returns to be complained of in a fortnight if any exception were taken against them.

A motion for the examination of the Clerk's book for the entry of motions and orders, and a committee was appointed to view them every Saturday to such a number, or any 4 of them, to do it.

An act for securing of the subject in case of wrong imprisonment.

An act to revive an act made Eliz. 39 for the erecting of hospitals and places for the poor at men's private charges. It was then made but to continue for 20 years, now it was desired to have it perpetual.

An act for fishing upon the coasts of America and Newfoundland, upon which it was showed that 5 ships of Plymouth and one of Dartford [sic] were then under the arrest about it by warrant from the Admiral's Court. Suit was made to stay the proceedings and to examine Sir Edmund [sic] Gorges's patent in that behalf.

An act for avoiding suits in law. Read the 2nd time and the bill put to engrossing.

A motion for inquiry after patents questioned or dammed the last Parliament, and whether any other have been set on foot since, referred to the said committee of grievances.

An act for the repressing of drunkenness, penalty 5s., and in this case one witness, or confession, to be proof sufficient.

The act about the explanation of a branch of the statute provided and made Jacobi 3⁰ concerning recusants' lands. Read the 2nd time, the bill to be perused and engrossed.

A motion to send to the Lords to desire them to join with the House in sending to the King to entreat his [f. 60v] Majesty by proclamation to cause the recusants to avoid the town during the Parliament, lest now falling from the pinnacle of those hopes whereon our misfortune had set them they might grow desperate.

An order for every one of the House to put away his servants so affected during the said time, or be sequestered the House himself.

A complaint of the Irish footmen civilized here, bred soldiers in the Low Countries, and returned dangerous instruments into Ireland.

A complaint of the insolency of Dr. Bishop, titulary Bishop of Chalcedon, who came in Staffordshire in his pontificalibus with crosier, staff and mitre, confirming many hundreds, changed a name given in baptism, and evaded the law made against seminary priests so made beyond sea because he made them in England.

A motion for the explaining of that law.

At the committee for the grievances [sic] of the House in the House in the afternoon

John Grimsditch, esquire, petitioned against the Lord Keeper:

• 1. For giving sentence upon a private motion.
• 2. For suppressing his counsels and proofs.
• 3. For making himself a party in the business.

Sir Edward Coke said, in regard that judicium redditur in invitum, this petition must be held no blemish until proof be made; but the House as they invited none, so neither could they refuse any that complained. The members of the House were inquisitors of the realm, as coming from every part of it and being more sensible of grievances than the Lords in Upper House were because they were once liable unto them.

The petition of Edward Leigh, gent., was read and rejected.

[f. 61] A petition preferred by Edward Throckmorton against Sir Oliver Cromwell, which he cleared then presently, but was referred until the next time that the committee sat.