8th May 1624

SATURDAY, 8 MAY 1624

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

[CJ 700; f. 32]

Sabbati, 8⁰ Maii, 22⁰ Jacobi

SIR WILLIAM COPE moves for privilege, at the suit of Sir William Pope, in the Common Pleas.

Granted.

Mr. [sic] [Walter] Balcanquall's bill, presently in the Committee Chamber. Mr. [William] Coryton, Sir Robert More, Sir William Spencer, Mr. [Robert] Snelling, Sir O[liver] Cromwell, Sir Thomas Morgan, Mr. [Thomas] Risley, Mr. [Richard] Godfrey, Sir Erasmus Dryden, Sir Robert Killigrew added to the committee.

L. 2a. An act concerning petty larceny and the punishment of the offenders therein.

Committed to:

All that will come to have voice. Court of Wards, 2 [o']clock, on Monday next.

[f. 32v] MR. [EDWARD] SPENCER reports Mr. [sic] Balcanquall, etc., their bill of naturalization, without amendments.

MR. [JOHN] PYM reports the bill of Plumstead marsh, with amendments, which twice read. Ingrossetur.

Mr. [Thomas] Wentworth, the knights and burgesses of Gloucester and Herefordshire, Worcestershire, and Mr. [John] Carvile, Mr. [Edward] Kirton added to the committee for [Sir William] Somerville.

SIR EDWARD COKE reports from the committee for grievances the Lady Dale's case. After Sir Thomas Dale's death, his study and chests broken open. Offered by some of the East India Company to show all their books.

Sir Thomas Myddelton, Sir Clement Throckmorton, Sir Peter Heyman and Sir J[ames] Perrot, Sir Thomas Estcourt to look of the East India books and accounts concerning Sir Thomas Dale, and to end the difference or certify the House. Exchequer Chamber. To meet on Monday next.

SIR THOMAS [sic] RIDDELL reports the bill of moor-burning, with amendments, which twice read. Engrossetur.

MR. [BLANK] reports [John] Edwards's bill, with amendments, which twice read. Engrossetur.

L. 3a. An act for explanation of statutes made concerning traders of butter or cheese.

Upon question, passed.

[CJ 701] L. 3a. [Blank]

Upon question, passed.

L. 3a. An act for relief of creditors against such as die in execution.

Upon question, passed.

L. 3a. An act to prevent the murder of bastard children.

Upon question, passed.

[f. 33] L. 3a. [Blank]

The heads against the Bishop of Norwich read in the House and allowed.

SIR JOHN SAVILE. To have this transmitted to the Lords in parchment.

Sir Edward Coke to carry up the bills, now ready passed, being 8 in number, viz.:

• 1. Relief of creditors against such as die in execution.
• 2. Murder of bastard children.
• 3. Durham knights and burgesses.
• 4. Traders of butter and cheese.
• 5. Sir Francis Clerke's [bill].
• 6. Sir Edward Engham.
• 7. Sir John Rivers.
• 8. [Temple] Newsam and Coventry and Lichfield.

L. 2a. An/

Committed to:

Everyone that will come to have voice, on Monday, 7 [o']clock, Court of Wards, and so every day; and this at 7 until 8 only. Committee to take consideration of all other things of like nature. They may adjourn themselves to the afternoons.

Bill for fees in boroughs, Court of Wards, Monday, 2 [o']clock.

MR. [CHRISTOPHER] WANDESFORD. That somewhat has fallen out in the examination of [Matthias] Fowle's business which reflected upon a noble member of this House, Sir Edward Villiers. That he desires it may be examined by the committee for Fowle.

Resolved.

Sir Robert Phelips's report, between 8 and 9 of the clock, on Monday next.

SIR FRANCIS SEYMOUR reports from the committee for the heralds' abuse. That they began with York [Herald]'s petition. He made Herald-at-Arms by Queen Elizabeth under the Great Seal, with all fees. That sequestered from this by the Lord Marshal, and from the fees, but appeared this was done not only by Lord Marshal, but by the other commissioners for the Earl Marshal. [f. 33v] That he was sequestered from his fees only by a blind order of the heralds that whosoever kept back any fees due to the general should be suspended. That the £8 r[eceived] by him was not for the general but for 1 knight, who owed him £12, for which he kept it. That £300 kept from York upon this. That for suing for this in Chancery he was imprisoned 18 months. But by an order of the lords of the Council, upon a letter from the King, York said they were corporate, not subject to the Earl Marshal's Court, but had their places and fees under the Great Seal of England. That upon his release, one of his sons and servants were committed to the Gatehouse for 6 days and, for part, close prisoner. This, as was alleged, was for publishing a scandalous book. That [Humphrey] Haggett, Lord Marshal's secretary, with some of the heralds, broke open York's doors of his lodgings, mured up his doors, and put out his servants. They offered him after to leave these free to him, so he would go with them into his study and let them take out such books as belonged to the office.

A patent under the Great Seal of England, 1⁰ Jac., to Clarentius for survey of all counties on this side [of] Trent, but no power to take fees. 2 deputations from Clarentius, but no fees. Yet confessed they took fees: 45s. for a knight, 35s. for a squire, 25s. for a gentleman. The like deputation after with these fees. That they confessed not above 200 marks in Wiltshire, £120 in Somerset and not above £200 in Gloucester and [blank]shire. That they challenge now to take these fees by precedent, and produced a book of visitation in the Queen's time. In some places, much more for fees set down; in some, less; in some, none. The committee resolved these were rather gratuities of bounty than fees. Being pressed to see the particulars of the receipts in these shires, they said they kept no account of them.

For the warrants formerly read in the House, these both conceived by the committee to be grievance[s], and so their visitations as now used.

For the fees demanded at funerals, these procured at the suit of the heralds to the King, and upon a reference by him to the commissioners of the Earl Marshal. Hereupon, the fees for a gent., 40s., an esq., £6 13s. 4d., [f. 34] a kt., £10, a baronet, £13 6s. 8d., a baron, £25, a bishop, £25, a viscount, £30, an earl, £35, a marquess, £40, a duke and archbishop, £45.

Many mistakings in their certificates; their fees excessive; their service unprofitable and without precedent and not warranted by any law. That the increase of the knights' fees from £17 (for which a patent) to £48, they know nothing of it. Have only themselves £5. That they, by custom, take £5 in a corporate town where the king passes through with the sword before him. That for [Thomas] Harris's case, their certificate, for which they took 40s., was conceived not to be right, but yet they delivered no opinion because Harris not present.

SIR EDWARD COKE reported from the Lords. He delivered them the 8 bills. Desired them to remember the bill of monopolies. Then desired a conference concerning offences of the Bishop of Norwich, and then put them in mind of the bill of concealments.

Answer: would expedite the bills. For monopolies, have appointed 3 [o']clock this afternoon in the Painted Chamber. Ordered the lawyers to attend, and be present [?half] [illegible] hour before in the Court of Wards. For the Bishop of Norwich, that the House was not full; therefore, would take it into consideration, and send answer by messengers of our own. For the great peacemaker, the bill of concealments, the king's counsel, upon whom they were to rest, were now so extraordinarily busied that they could not for the present attend it, but would with all possible speed.

SIR ROBERT PHELIPS, for the matter of the heralds. To appoint some learned member of the House, civilians and other to consider of the power and jurisdiction of this court, and in the meantime to enquire what money the heralds have raised of the country.

[f. 34v] A petition from the heralds read.

Monday, 8 of the clock, on Monday [sic], for debate of the matter of trade by a committee, and Mr. Speaker to sit by.

Resolved, to let the consideration of the jurisdiction of the court of the Earl Marshal rest until the next session.

SIR ROBERT PYE. That the kings of heralds have £40 per annum fee from the king; the other, 40 marks, and £20 and 20 marks. That the consideration of their fees taken in the country shall be examined and considered of at the next session.

Serjeant [Sir John] Davies and Sir William Byrd bring from the Lords 3 bills:

• 1. An act concerning brewhouses in and about London and Westminster, specially recommended by the Prince.
• 2. Bill of limitation of actions, with amendments.
• 3. Sir H[enry] James's bill, convicted in a praemunire.

L. 1a. An act concerning brewhouses in and about London and Westminster.

The House, upon question, declares the opinion thereof to be that these visitations by these heralds, as now used by these warrants now presented to the House, a grievance.

SIR EDWARD COKE. That 13⁰ R. 2 the King made one a gentleman by letters patents under the Great Seal of England.

MR. SOLICITOR moves for a time for perfecting the subsidy. Monday, 4 [o']clock, appointed for it.

[CJ 702] SIR W[ALTER] EARLE. To enjoin all the members of the House in town not to go out of town without special licence of the House.

The resolution hereof respited until Monday.

[House adjourned]

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

[CJ 785; f. 193v]

Sabbati, 8 Maii 1624

SIR WILLIAM COPE moves for privilege, at the suit of [Sir] William Pope, in the Common Pleas.

Granted.

[Dr. Walter] Balcanquall's bill, presently, Committee Chamber. Mr. [William] Coryton, Sir Robert More, Sir William Spencer, Mr. [Robert] Snelling, Sir Oliver Cromwell, Sir Thomas Morgan, Mr. [Thomas] Risley, Mr. [Richard] Godfrey, Sir Erasmus Dryden, Sir Robert Killigrew added to the committee.

L. 2. An act concerning petty larceny and the punishment of the offenders therein.

Committed to:

All that will come to have voice. Monday next, 2 [o']clock, Court of Wards.

MR. [EDWARD] SPENCER reports [Dr. Walter] Balcanquall's bill, without amendments.

[f. 194] MR. [JOHN] PYM reports Erith and Plumstead bill. Amendments twice read.

Ordered, to be engrossed.

Mr. [Thomas] Wentworth, the knights and burgesses of Gloucester, Hereford and Worcester, Mr. [John] Carvile, Mr. [Edward] Kirton added to the committee for [Sir William] Somerville's bill.

SIR EDWARD COKE reports from the committee of grievances the Lady Dale's case. After Sir Thomas Dale's death, his study and chests broken open. Offered by some of the East India Company to show all their books.

Sir Thomas Myddelton, Sir Clement Throckmorton, Sir Peter Heyman, Sir James Perrot, Sir Thomas Estcourt to look of the East India books and accounts concerning Sir Thomas Dale, and to end the difference, or else certify the House. To meet on Monday next, Exchequer Chamber.

[CJ 786] SIR THOMAS [sic] RIDDELL reports the bill of moor-burnings. Amendments twice read.

Ordered, to be engrossed.

MR. [BLANK] reports [John] Edwards's bill. Amendments twice read.

Ordered, to be engrossed.

L. 3. An act for explanation of a statute made concerning traders of butter and cheese.

Upon question, passed.

L. 3. An act that the County Palatine of Durham may send knights, citizens and burgesses to Parliament.

Upon question, passed.

L. 3. An [act] for relief of creditors against such as die in execution.

Upon question, passed.

L. 3. An [act] to prevent the murder of bastard children.

Upon question, passed.

L. 3. An act to enable Sir John Rivers to sell lands. [Blank]

Upon question, passed.

[f. 194v] The heads against the Bishop of Norwich read in the House and allowed.

SIR JOHN SAVILE. To have this transmitted to the Lords, in parchment.

SIR EDWARD COKE. To carry up the bills now ready passed, being 8 in number.

Agreed.

L. 2. An act/

Committed to:

And all to have voice, Monday, 7 [o']clock, Court of Wards; and so every day, at 7 until 8 only. The committee to take consideration of all other things of the like nature.

Bill for fees in borough towns. Monday, 2 [o']clock, Court of Wards.

MR. [CHRISTOPHER] WANDESFORD. That somewhat has fallen out in the examination of [Matthias] Fowle's business which reflects upon a noble member of this House, Sir Edward Villiers. That he desires it may be examined by that committee.

Resolved.

Sir Robert Phelips's report, Monday next.

SIR FRANCIS SEYMOUR reports from the committee for the heralds' abuse. That they began with York [Herald]'s petition. He made Herald-at-Arms by Queen Elizabeth under the Great Seal, with all fees. That sequestered from this by the Lord Marshal, and from the fees; but appeared this was done not only by the Lord Marshal but by the other commissioners for the Earl Marshal. That he was sequestered from his fees only by a blind order of the heralds that whosoever kept back any fees due to the general should be suspended. That the £8 received by him [f. 195] was not for the general but for one knight who owed him £12, for which he kept it. That £300 kept from York upon this. That for suing for this in Chancery he was imprisoned 18 months but by an order of the lords of the Council upon a letter from the King. York said they were corporate, not subject to the Earl Marshal's Court, but had their places and fees under the Great Seal of England. That upon his release, one of his sons and servants were committed to the Gatehouse for 6 days and, for part, close prisoner. This, as was alleged, was for publishing a scandalous book. That [Humphrey] Haggett, Lord Marshal's secretary, with some of the heralds, broke open York's doors of his lodgings, mured up his doors, and put out his servants. They offered him after to leave these free to him, so he would go with them into his study and let them take out such books as belonged to the office.

A patent under the Great Seal of England, 1⁰ Jacobi, to Clarentius for survey of all counties on this side [of] Trent, but no power to take fees. 2 deputations from Clarentius, but no fees. Yet confessed they took fees: 45s. for a knight, 35s. for an esquire and 25s. for a gentleman. The like deputation after with these fees. That they confessed not above 200 marks in Wiltshire, £120 in Somerset and not above £200 in Gloucester. That they challenge now to take these fees by precedent: produced a book of visitation in the Queen's time. In some places, much more for fees set down; in some, less; in some, none. The committee resolved these were rather gratuities of bounty than fees. Being pressed to see the particulars of the receipts in these shires, they said they kept no account of them.

For the warrants formerly read in the House, these both conceived by the committee to be a grievance, and so their visitations as now used. For the fees demanded at funerals, these procured at the suit of the heralds to the king, and upon reference by him to the commissioners of the Earl Marshal. Hereupon, the fees for a gentleman, 40s., an esquire, £6 13s. 4d., a knight, £10, a baronet, £13 6s. 8d., [f. 195v] a baron, £25, a bishop, £25, a viscount, £30, an earl, £35, a marquess, £40, a duke and archbishop, £45.

Many mistakings in their certificates; their fees excessive; their service unprofitable and without precedent, and not warranted by any law. That the increase of the knights' fees, from £17 to £48, they know nothing of it. Have only themselves £5. That they, by custom, take £5 in a corporate town where the King passes through with the sword before him. That for [Thomas] Harris's case, their certificate, for which they took 40s., was conceived not to be right, but yet they delivered no opinion because Harris not present.

SIR EDWARD COKE reports from the Lords. He delivered them the 8 bills. Desired them to remember the bill of monopolies, then desired a conference concerning offences of the Bishop of Norwich, and then put them in mind of the bill of concealments.

Answer: would expedite the bills. For monopolies, have appointed 3 [o']clock this afternoon in the Painted Chamber. Ordered the lawyers to attend and be present an hour before in the Court of Wards. For the Bishop of Norwich: that the House was not full; therefore, would take it into consideration and send answer by messengers of their own. For the great peacemaker, the bill of concealments, the king's Counsel, upon whom they were to rest, were now so extraordinarily busied that they could not, for the present, attend it, but would with all possible speed.

SIR ROBERT PHELIPS, for the matter of the heralds. To appoint some learned member of the House, civilians and others to consider of the power and jurisdiction of this court, and in the meantime to enquire what money the heralds have raised of the counties.

A petition from the heralds read.

Monday, 8 [o']clock, debate of the matter of trade. Mr. Speaker to sit by.

Resolved, to let the consideration of the jurisdiction of the Marshal's Court rest until next session.

SIR ROBERT PYE. That the kings of heralds have £40 per annum fee from the king, the other, 40 marks [f. 196] and £20 and 20 marks. That the consideration of their fees taken in the country shall be considered of the next session.

Serjeant [Sir John] Davies and Sir William Byrd bring from the Lords 3 bills:

1. Concerning brewhouses, specially recommended by the Prince; and two bills passed us, with amendments.

L. 1. An act concerning brewhouses in and about London and Westminster.

The House, upon question, declare their opinions to be that these visitations by the heralds, as now used by these warrants, are a grievance.

SIR EDWARD COKE. That 13 Rich. 2 the King made one a gentleman by letters patents under the Great Seal.

Monday, 4 [o']clock, for the subsidy.

[CJ 787] SIR WALTER EARLE. To enjoin all the members of the House in town not to depart without special leave.

The resolution hereof respited until Monday.

[House adjourned]

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

[p. 285]

Saturni, 8 Maii 1624

Sir Edward Coke ove message al seignours pur transferringe l'evesque de Norwich al eux et ove syxe ingroste billes.

SIR FRANCIS SEYMOUR fait reporte del heraldes et pur le poier del marshalls courte. Ils decline pur cest temps. Et pur le visitacion et garrants, sur le question puis longe debate, fuit resolve que in l'opinion del Huise cest visitacion et garrants fuit greevance.

1. L. Bill pur restrainer brewers deins dun mile del Kinge's and Prince's dwellinge devant 1607, et de London Bridge westwarde, deste remove; et ne use ove seacole ou pittcole mes ove woodd. Recommende par le Prince, et ingrosse.

Fuit ore debate que null departe cest ville devant le fine del cession, mes fuit dislyke et distaste par tout, mes fuit dit que l'auncient et genuine order del Huise est que nul departera hors del ville sans license del Huise et issint fuit touts foits use.

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

[f. 197]

Saturday, 8⁰ May 1624

An act for the explanation of the statute of 3, 4 and 5⁰ E. 6 entitled, An act concerning the trading in butter and cheese. 3. L. This bill is passed this House. r. p.

An act that the County Palatine of Durham shall have knights, citizens and burgesses to serve in Parliament. 3. L.

By this the county will have 2 knights, the city of Durham 2 citizens and the borough of Barnard Castle 2 burgesses. This bill is now passed this House. Le Roi s'avisera.

An act for relief of creditors against such persons as die in execution. 3. L. This bill is now passed this House. r. p.

An act to prevent the destroying and murdering of bastard children. 3. L. This bill is now passed this House. r. p.

An act for the altering of the tenure and custom of gavelkind of the lands late Sir [sic] Thomas Potter and Sir James [sic] Rivers and to settle the same on Sir John Rivers and Dame Dorothy, his wife. 3. L., passed this House. r. p.

SIR EDWARD COKE reports the heads of the business against Dr. [Samuel] Harsnett, Bishop of Norwich.

• 1. For the inhibiting of preachers (allowed by the King) from preaching in the morning.
• 2. For approving of images and the pictures of a dove to hover over the font of water in the church, and blessing those that did set up those images.
• 3. For making ordinances to pray with [f. 197v] their faces towards the east and the like, for breach whereof the said Bishop of Norwich has made some men to stand in a white sheet, others to be excommunicate[d] and to pay £7 fines for the same.
• 4. That the said bishop wrought with his own hand an acknowledgement which he made 7 men to make openly in the church that it was contrary to the law of God to be at catechizing and singing of psalms in a minister's house, and caused them to be excommunicated and pay fines also for the same.
• 5. That this was all done in that time when as the Protestants of England were grieved to see the insulting of papists.
• 6. That he commanded all the preachers in Norwich (there being there 34 parish churches and 16 preachers) that they should not preach in the morning but in the afternoon they might catechize, and that preaching should only be in the cathedral church of that city; so as where there are above 20,000 communicates in that town, there could not come to hear the sermon in the cathedral church at the most not above 2,000 men, and when the ministers said they should lose their salaries, he said they should not for he would take order for it.

An act for the relief of the poor. 2. L., committed, and all that will come to have voice, Court [of] Wards, to [f. 198] sit every morning until it be finished.

The bill for fees in towns corporate to sit Monday next in the afternoon.

Ordered, that the business which [Matthias] Fowle has reflected on Sir Edward Villiers shall be heard by the committee for the business of Fowle that Sir Edward Villiers may clear himself.

SIR FRANCIS SEYMOUR reports from the committee appointed to hear the complaints concerning the heralds. In 1⁰ Regis a commission from the King to Clarentius to make visitation from Trent east, west and southward, but no fee mentioned in it to be taken. Confessed by the heralds that in their first deputation of commission from Clarentius, they were not warranted to have any fee; yet they took of a kt., 45s., of an esq., 35s., of a gent., 25s. But in their later deputations they had authority to take fees. That they confessed took in Wiltshire not above 200 marks, in Somerset not above £120 and in Dorset not fully £100. That they sent warrants to gentlemen in the country threatening that if they came not to their visitations to be entered into their books they would make them infamous, which warrant was by the committee held a grievance. The Lords commissioners [for the] Earls [sic] Marshal did set down these fees following to be paid to the heralds: first, gent., 40s., esq., £6 13s. 4d., kt., £10, baronet, £15 [sic] 6s. 8d., baron, £25, bishop, £ 25, a viscount, £30, an earl, £35, a marquess, £40, a duke, £45, an archbishop, £45, to be paid at the burials of all such though the heralds be not at their burial, and though there be no [e]scutcheon.

[f. 198v] SIR ROBERT PHELIPS desires that a select number of the civilians and lawyers may consider of the power and extent of the Earl Marshal's Court for the preventing of future inconvenience which may thereby grow to the subjects of this kingdom, and that the said committee may speedily make return of their opinions thereof.

Petition of the King's heralds and pursuivants-of-arms:

• 1. That they are officers of necessary use.
• 2. That they are a corporation.
• 3. That they have these many years exercised their office without interruption.
• 4. That their fees have never been increased until of late by the commissioners [for the] Earls Marshals [sic], which before the Parliament the Earl Marshal took away.
• 5. That at their creation they are sworn to visit all the counties of this kingdom.
• 6. If any faults have been, they are faults of particular men and not of their corporation.
• 7. That if their fees be left still uncertain, there will be complaints and abuses still committed, and therefore they desire that a select committee may be appointed to set down a certainty both for their fees and office.

Ordered, that at our meeting after this sessions [sic], there shall be a further consideration of the fees which the heralds took in their late visitations.

An act concerning brewhouses in and about London and Westminster. 1. L. This bill moved from the Lords and is brought with a special recommendation from the Prince. Rejected per Commons.

[f. 199] Resolved, by question, that it is fit to be declared and expressed that in the opinion of this House these visitations of these heralds as they are now used, and the making of these warrants which they in these late visitations have made, are a grievance.

[f. 225] In 13 R. 2 that King did by letters patents create a gent., and this is the only patents that he knows of the creation of an [sic] gent. by, but of knights there are patents.

V. DIARY OF SIR THOMAS HOLLAND, RAWL. D. 1,100, BODLEIAN LIBRARY

[f. 83]

8 Maii, Saturday

Second [read], committed. An act concerning petty larceny and the manner of punishing of them.

Put to engrossing. [MR. JOHN] PYM reports the bill for Plumstead and Erith marsh.

Mr. [blank] Godfrey's man in execution was delivered by order of the House, he being servant to a member of the House.

Reported. The bill of moor burning reported.

Reported. The bill for reversing a decree in the Court of Request[s] between [John] Edwards the father and [John] Edwards the son.

Third [read], passed. The bill for explaining the 3rd and 4th year concerning the traders of butter and cheese.

Third [read], passed. An act for the County Palatine of Durham to have knights, citizens and burgesses to serve in the Commons House of Parliament.

Third [read], passed. An act for the relief of creditors against such as die in prison upon execution.

Third [read], passed. An act to prevent the destroying and murdering of bastard children.

[f. 83v] Third [read], passed. An act to make land of gavelkind in Kent of Sir John Rivers to be changed and to descend by the common law.

70 [sic] bills.

An act/

Inhibiting preachers allowed to be conformable in Norwich. Second, sundry images painted and carved, the picture of Christ and the crucifixes, Holy Ghost, which the bishop blessed them for. Praying to the east, their doing penance. Next, the catechizing in the minister's house, 6 or 7 coming in, they were excommunicated. Extortions, not registering institutions.

Second read, committed. An act for the better relief of the poor.

VI. DIARY OF JOHN PYM, BL, ADD. MS 26,639

[f. 32v]

8 May

An act for naturalization of Dr. [Walter] Balcanquall.

A bill concerning Erith and Plumstead marshes reported.

And likewise, another bill for continuance of the statute made the 7[th] for moor-burning, with some additions.

An act for avoiding a decree in the Court of Requests between [John] Edwards and [John] Edwards.

An act for explanation of 4 and 5 Ed. 6 concerning the trades for butter and cheese in and about London.

An act for the County Palatine of Durham to send 2 knights, 2 citizens and 2 burgesses to the Parliament. Passed.

An act for relief of creditors against such persons as die in execution. Passed.

An act to prevent the destroying and murdering of bastard children. Passed.

An act to alter certain lands of Sir John Rivers, baronet, from gavelkind to defend according to the course of the common law. Passed.

SIR EDWARD COKE reported t[w]o restitutions of the committee concerning the Bishop of Norwich['s] offence. Reduced to six heads.

• [f. 33] 1. The inhibiting of preachers.
• 2. Allowing of images carved and painted of Christ, his saints and of the Holy Ghost, the setting up of crucifixes on the high altar.
• 3. New order for praying to the east, excommunicating and vexing men for breach of those orders.
• 4. A recognition enjoined to one for being present at catechism, prayers and singing of psalms in his own minister's house.
• 5. Divers extortions.
• 6. Not registering institutions.

He was sent up to desire a conference concerning this complaint and appointed in that conference to deliver these points and directed to vouch precedents for maintenance of our proceedings in this case. And he carried up with him 8 bills passed this House, whereof 5 [sic] public and 3 [sic] private.

8 Maii

An act for better relief of the poor.

The landlord to be charged for cottages newly erected so as it exceed not the tenth part of the rent. A penalty upon such as shall build new cottages of xvs. a week until they shall secure the parish. Not to demise any cottage but to such as have been inhabitants, without the consent of the overseers for the poor or bond to discharge the parish under a penalty of £5. The parish to be charged only with such as are born or fallen into decay within the parish.

MR. [EDWARD] ALFORD. This bill extends not to such cases wherein the landlord receive a small rent and his undertenants a greater.

MR. PRICE. This bill proceeds from London to ease themselves and has been cast out 2 or 3 times.

Committed to the Court of Wards, both this bill and all others [sic] points touching the poor. The committee to sit every morning and to adjourn themselves to the afternoon if they see cause.

[f. 33v] MR. [CHRISTOPHER] WANDESFORD informed the House that in the examination of [Matthias] Fowle they perceived some things that concerned Sir Edward Villiers, and because he was a member of the House the committee desired to know whether they should proceed.

Ordered, that they should.

SIR FRANCIS SEYMOUR made a report from the committee concerning the herald[s] upon that part which was upon York [Herald]'s complaint. His petition contained 4 points:

• [1.] That he was suspended by my Lord Marshal and his fees sequestered. Upon examination, it appeared that the suspension was by the Lords commissioners for the Earl Marshal's office before my Lord of Arundel was Earl Marshal; and the sequestration was by an order among the heralds themselves. For this sequestration they do allege an order and agreement among themselves that if any of them should detain such fees as were to be divided in common, that thereupon his own fees should be sequestered, and that York had detained £8. But his answer was that the fees due to him, which by this means they kept from him, were £300.
• 2. That he for commencing a suit in the Chancery for those fees was committed by my Lord Marshal because he did not sue in his court, the heralds being no corporation enabled to make any such order nor my Lord having jurisdiction to try the cause. It appeared by the warrant he was committed by the lords of the Council at the King's special command. The point of jurisdiction the committee thought not fit to debate, but left it to the House.
• 3. That his son and his servant were committed 6 days. It was justified that punishments to be laid upon them for dispersing scandalous books.
• 4. That by my Lord's commandment his house was searched and mured up so that he had been kept out a long time, having left in his lodgings money and goods and evidences of great value. It was answered that the search was commanded to be made by his own pretence by a letter directed to Sir [f. 34] Robert Cotton and Sir Henry Spiller, and was for divers books of the office which were missing and supposed to be in his hands; but he refused to join with them or to open the door. And they now offered to let him in again, and the door mured up was a new way into the street, not to be allowed as being inconvenient to the office.

The second point of this report was touching the visitations made by the heralds, and in this there were 2 exceptions:

• [1.] In extorting of fees. This visitation is grounded upon a commission 1 Jac. to Clarence[ux] to make deputies for visitation of the arms and pedigrees of the gentry from [the] Trent southward, without any power to demand fee. Two deputations were produced derived out of this commission, the one in April 1623 to Sir [sic] H[enry] St. George and Samson Lennard, the other to [blank] Philipot [blank]. In neither of these were expressed any fees. They confess they demanded of a knight, 45s., an esquire, 35s., a gentleman, 25s. Being examined by what law and custom they did this, they answered only by precedent, and produced a book of pedigrees made in the time of Queen Elizabeth, in the margin of which there were several sums which they say were fees, some more, some less, some none. Being questioned what sums they had raised, they answered in gross for every county where they had been, alleging that they kept no book of the particulars. The committee resolved the sums mentioned in the precedent were gifts of bounty and no due fees.
• 2. In making warrants with unlawful and presumptuous clauses, and that they would make such men as did not appear infamous by proclamation, making their summons before the Lord Marshal with a subpoena of £50.These warrants the committee adjudged a grievance and wrong to the gentry.
• The third point was the fees demanded for funerals. This grew from a petition of the heralds to his Majesty com- [f. 34v] plaining that the solemnity of funerals were grown out of use by noblemen and gentlemen. A reference was hereupon made to the Lords commissioners for the office of Earl Marshal. They made a declaration, 10 November 1618, with this clause, that it was for the good of the gentry and nobility, and to the end the heralds might be able to make true certificates of pedigrees, whereby they allowed to take several fees: upon the death of any man dying in the degree of:

They confessed they had demanded these fees accordingly during the space of 6 years and received in all £1,500. It was adjudged by the committee to be a mere novelty, unwarrantable by law, and a grievance.

The fourth point was knights' fees. The increase appeared to be since the beginning of the King's time, from £17 to £48, and the ancient fee in the beginning of Queen Elizabeth's time was but £5.

The fifth point was the fees demanded in progress time of corporate towns, £5 and sometimes 5 marks, and if the sword were borne, more. This alleged to be taken by custom.

The sixth point was a false certificate made for [Thomas] Harris's descent, of which he was made baronet, but concerning this the committee would resolve nothing because Harris was not heard whom it concerned.

After this report and some short interruption, Sir Edward Coke's return from the Lords, there was preferred a petition from the heralds and pursuivants to this effect. That their offices were of ancient esteem; they had been incorporated by divers charters and exercised their [f. 35] places accordingly above 100 years without any complaint or committing any excess in fees or in power, the order for the funerals excepted. They were sworn to visit; if there were any misdemeanour they were particular, not of the whole body. If they should be exposed to clamour for their fees, the whole body would dissolve and thereby great prejudice ensue to the gentry. Therefore, they desired some constant direction for their future proceedings.

SIR ROBERT PYE. They have fees from the king, the king's £40, the rest of the heralds, 40 marks, pursuivants, 20 marks.

The further debate was a little interrupted by messengers from the Lords, who brought a bill with commendations from that House as being the Prince's desire it should speed. It was concerning brewhouses about London and Westminster. And they returned 2 other bills: one for limitation of action with a proviso added; the other concerning the assurance of divers lands late the inheritance of Sir H[enry] James, etc., with amendments.

An act concerning brewhouses in and about London and Westminster. It is ordained that there should be no brewhouses with seacoal within a mile of the King or Prince's house.

The former business being resumed:

MR. [JOHN] BOROUGH. There are divers commissions and precedents of the like warrants since H. 7['s] time.

SIR FRANCIS FANE. In 14 Eliz. the warrants agree with these but only in the sum of the subpoena.

MR. [EDWARD] ALFORD. The extent of visitations anciently was only to questionable gentlemen.

SIR EDWARD COKE. If any bear arms to which he has no right, it is to be questioned before the constable and marshal as in the case of Scroope and Gravenor.

MR. [JOHN] SELDEN. There are now 3 kings that have been neither heralds nor pursuivants. They have no power of visitation by their incorporation but only by commission.

[f. 35v] It was adjudged, by question, that the visitation of heralds in this manner and the issuing of such warrant was a grievance and unlawful.

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

[f. 175v]

Saturday, 8th of May

Bill for punishing some petty larcenies by justices of the peace out of session, etc. Second read, committed.

Bill for explanation of statutes concerning retailing of butter and cheese, reported and put to engrossing.

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

Bill for relief of creditors against such persons as die in execution. Passed.

Bill to prevent the destroying and murdering of bastard children. Passed.

SIR EDWARD COKE:

• 1. Inhibiting preachers conformable to preach, the time, the multitude, the distance of the place, the King's direction.
• 2. Images, crucifixes, the Holy Ghost like a dove over the font.
• 3. Enjoining praying to the east.
• 4. Punishing men for being accidentally present at singing of psalms.
• [f. 176] 5. Extortions.
• 6. Not registering institutions.

A message went to the Lords for a conference touching the Bishop of Norwich. 8 bills sent up.

The answer: the Lords would in convenient time send an answer.

Bill for better relief of the poor. Second read, committed.

SIR FRANCIS SEYMOUR'S report from the committee for examining the abuse of the heralds. First, York [Herald]'s petition showing that he was made herald by Queen Elizabeth by grant under the Great Seal, now suspended of his office, committed to prison. Afterward his house broken open by the Lord Marshal's secretary and others upon him. Touching the abuse of the heralds in the point of their visitations, a grant was heretofore made to Clarenceux to make visitations, but no fee expressed. Two deputations hereof: in the first no fees, in the latter the fees set down. Being demanded what they received, in Wiltshire, 200 marks, in Dorset, £120, in Somerset, [£]100. The other, in Berkshire and Gloucestershire, not above £200. For warrant of this they alleged precedent in the Queen Elizabeth's time: a book shown [f. 176v] wherein divers sums were received. They kept no account of the fees. Touching the warrants of proclaiming men infamous, that would not come unto them; the committee censured the warrants and the extorting of moneys, etc., to be grievances. Another point, their fees exacted upon the death of noblemen, knights and gentlemen, etc. A warrant produced to, etc. A gentleman, 40s., an esquire, £6 13s. 4d., a knight, £10 0s. 0d., a baronet, £13 6s. 8d., baron, [£]25, bishop, [£]25, viscount, [£]30, earl, [£]35, marquess, [£]45, archbishop, [£]45, d[uke], [£]45. Another part, the knights' fees increased from £17 to £48. They could allege no authority for it. Their own fee £5. They confessed that by custom they took in progress of corporate towns where the king passed through £5. [Thomas] Harris's case, the baronet, 40s. pretended to be given for a false certificate.

SIR ROBERT PHELIPS. Fit to consider:

• 1. The jurisdiction of the Marshal's Court.
• 2. The country visitations upon what warrant.
• 3. The exacting of fees.

A petition of the heralds showing:

• 1. The antiquity of their office.
• 2. Grants under the Great Seal.
• 3. Exercising their offices without interruption.
• [f. 177] 4. Not raising fees.
• 5. Their visiting the country by command.
• 6. If their fees be, etc., their corporation will be destroyed to the prejudice of, etc.

A message from the Lords. 3 bills:

1. An act concerning brewhouses about London and Westminster.

The other two such as had been formerly sent up.

The bill concerning brewhouses. First read.

SIR EDWARD COKE. The warrants of the heralds utterly against law.

Resolved, upon the question, that these visitations and warrants of these heralds a grievance.

Saturday afternoon, the committee for courts of justice

The case of Mistress Thomas, her complaint against the Lord Keeper. Her counsel informed:

• 1. To the point of suspicion of corruption. No more is alleged in the petition than that the adverse party himself confessed that it cost him in 2 terms £300 besides £200 given to the Lord Keeper.
• 2. The case itself. Mr. Thomas, her husband, conveyed certain lands to himself and his wife and the heirs of their two bodies, the remainder etc., with proviso that his issue, if he had any, should have half the profits. Sir A[nthony] Thomas, his son, borrows £2,000 of one [f. 177v] Herriott, and enters into a statute. Herriott intending to extend it, finds that it would not take hold of the land, prefers a bill in Chancery. A petition to the Lord Keeper for a sequestration of all Mistress Thomas's lands, she being not called to answer. Mistress Thomas petitions the King, referred etc. to the Lord Keeper and 2 judges. The King appointed her son's moiety should be only liable. The Lord Keeper rejected this. But yet the decree unjust, untrue; £120 land to be sold, and Mistress Thomas and her son to join in sale, and untruly suggested that the decree was made with consent of Mistress Thomas and her counsel. The decree altered that Mistress Thomas must not only sell the £120 land, but leave the land to be extended. Afterward, in the vacation, Mistress Thomas decreed to sell the land herself within 7 or 8 days against the statute 11 H. 7. 23 December, another order, she being tenant in tail, if she suffered not a recovery before Christmas the land should be sequestered, when she could not do it, it being in the vacation. She not served with the former decree. [f. 178] 100 poor people, many carried to the Fleet, some not worth 5s. per annum. A poor man, no tenant, hauled to the Fleet. Whereas by the late decree she was to have had £80 per annum, that was taken away under colour of the contempt. Nothing left to maintain her. She petitions the King. The King orders, etc. She enters on the land. Thereupon a strange injunction to stay all suits in all courts whatsoever. The adverse party put in possession by a posse comitatus. Herriott dies, yet without a bill of reviver upon a bare order, all revived.

Mr. Andrews. The lands of tenant in tail though in possession cannot be charged, much less of tenant in tail in remainder as Sir A[nthony] Thomas. Besides, no man is to be compelled to sell land for payment of debts where other means may be used. Again, the lands were decreed to be sold to such as Mr. Herriott should name, and none else. For the sequestration, no precedent for them in Chancery heretofore. Sequestration only in ecclesiastical causes.

The counsel of the other side. Answer, first, to the unjustness of the petition. [f. 178v] The lands 15 Eliz. not being worth anything near the value, now it is made in jointure to Mistress Thomas, yet she to have but one moiety in equity. He died 40 Eliz. Sir Anthony Thomas caused an office to be found that the lands were in fee simple; he commenced suit and made leases as tenant in fee simple. Mistress Thomas received but £80 per annum. Sir Anthony received the rest, the whole being near £500 per annum. Other lands worth £300 per annum reputed and by him given out to be his. £2,000 borrowed of Mr. Herriott, Sir A[nthony] T[homas] being not able to pay it, they agreed for £300 per annum for 20 years. The decree was for sale but of £120 per annum of Sir A[nthony] Thomas's moiety, and that Herriott's speech touching the £200 was in lessening the benefit of the decree, was that the Lord Keeper had taken £200 of him, meaning he had abated £200 of the [£]2,400.

On the other side 3 witnesses are produced to testify the speeches of Herriott.

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

[f. 114]

May 8⁰, Saturday

An act for petty larceny and punishing the offenders therein, to suffer corporal punishment, not death.

An act to continue an act made Jac. 7⁰ about the burning of moors in the north, in Wales, in Leicestershire, etc.

An act for explanation of an act made 3⁰, 4⁰ Ed. 6^ti for the sale of butter and cheese, against the abuse of informers. Passed.

An act for the county of Durham to have knights and burgesses. Passed, viz., 2 knights for the county, 2 burgesses for the city and 2 for Barnard Castle, belonging to the Prince, in all 6.

An act for the relief of creditors against such as die in execution. Passed.

An act to prevent the murdering and destroying of bastard children. Passed.

An act for the altering the tenure of the lands of Sir George and Sir John Rivers and Thomas Potter, esquire, from gavelkind to make them descendible according to the use of the common law. Passed.

An act to enable Sir Francis Clerke to sell certain lands to pay debts. Passed.

An act for the relief of the poor. There were two of them. The one was read and committed with order out of them both to make a good one.

Long dispute about the heralds and the abuses committed by them, and it was declared, upon question, that their behaviours in the counties in raising and exacting fees was a great grievance.