26th May 1624

WEDNESDAY, 26 MAY 1624

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

[CJ 711; f. 58]

Mercurii, 26⁰ Maii, 22⁰ Jacobi

MR. [HENRY] ROLLE reports the alterations of the bill of inferior courts. The committees are agreed of them.

Ordered, to be inserted into the bill.

MR. SOLICITOR reports [Robert] Wolverston's bill, with amendments, which twice read. Engrossetur.

SIR ROBERT HARLEY reports the bill for the river of Wey from the re-committee, with some amendments, which twice read. Engrossetur.

The alterations in the bill of inferior courts inserted by the Clerk's man at the table, and then thirdly [sic] and passed.

MR. [JOHN] GLANVILLE reports the grievance for survey of seacoals and the petition drawn for it to be presented to his Majesty. [CJ 712] The office made perpetual. Upon examination, appeared £3,000 per annum to be raised by this office. That this office fruitless, for the mixing of coals not to be discerned by search but only by the fire. No complaint made to the Lord Mayor. For the consent, unduly gotten by promises and threats. For the parties whose hands to the request, being present, confessed it was not voluntary. Much prejudicial to the King's profit for hinders 2 voyages by this pretended search, to the King's loss of £3,000 per annum and very burthensome to the subject. The witnesses, tendered at last by the patentees, such as were promised to have pensions.

Upon question, this patent a grievance both in the creation and execution.

The draft of the petition read and recommitted to Mr. [John] Glanville, Mr. Solicitor, Mr. [John] Pym, Sir Nathaniel Rich, Mr. [William] Noye. Presently, in the Committee Chamber.

[f. 58v] SIR ROBERT PHELIPS reports from the courts of justice, first, for Mr. [Robert] Grice; secondly, for Mrs. Thomas. For the first, 1616, a fine acknowledged by him and his wife by dedimus potestatem, taken in the country. That she complained to the justices of the Common Pleas that she did it involuntarily by the fury of her husband. A commission to enquire of this to Sir Robert Crane and another. They certified it willingly acknowledged and passed it that court. After, a stop in Chancery by direction from the Lord Ellesmere first, and after from Lord Bacon, so as ever since stayed. And the writ of covenant is now in Mr. Mainwaring's hands towards the Lord Keeper. That a lawyer thought fit either to present this as a grievance to his Majesty, or else to send a message to the Lord Keeper to pass the writ of covenant. An arbitrary way propounded, to abide the order of 4 judges, and agreed to. But this course succeeded not. At the next hearing, objected that to prove her consent she procured a loan, from one Mr. Blake, of £300, promising to levy a fine. That she was at one time unwilling, but at another time willingly acknowledged the fine. That the Lord Bacon said the time was elapsed. That the now Lord Keeper, being moved in it, knew not what to do in it. That the counsel for Mr. Grice's wife alleged she was unwilling, cried when the commissioners came first, got away as soon as she could.

That the committee thought it a very dangerous precedent thus to stop writs of covenant. The remedy hereof left to the House, without any opinion delivered from the committee how.

A petition from Mr. Grice read.

Upon question, resolved to let this rest until a further time, in respect of the greater business now in hand, and for that this will require further debate. This without prejudice to either part.

Resolved, now to go on with the grievances until they be perfected.

A report from the re-committee for the grievance of seacoals. And the petition again presented and read.

[Blank]

[f. 59] Sir John [sic] Croke and Sir Robert Rich bring from the Lords a bill for the better preserving of his Majesty's revenue.

SIR EDWIN SANDYS tenders the grievances in writing concerning trade, being 9 in number. The first part read and allowed.

Mr. Speaker to be here this afternoon, 2 [o']clock. All committees to cease this afternoon. The grievances to proceed first, and, those ended, then the bills to be finished.

Mercurii, 26⁰ Maii, 22⁰ Jacobi, post meridiem

The amendments and proviso in Colchester bill twice read, and the amendments ordered to be inserted in the bill, which instantly done and being thirdly read, upon question, passed.

The petition concerning seacoals brought in again by the re-committee and allowed, upon question.

The grievances concerning the Turkey merchants for currants read and allowed.

The next, for Guinea and Benin, read and allowed.

The next, for the alnage, read and allowed.

The next, for extortion by the farmers of the Custom House for serges and perpetuanas, read and allowed.

The next, concerning prisage of wines, read and allowed.

The next, concerning the Clothworkers, read and allowed.

The next, concerning Spanish tobacco, recommitted: Mr. Solicitor, Sir D[udley] Digges, Sir Thomas Wentworth, Sir Guy Palmes, Mr. [William] Noye, Sir Nathaniel Rich.

That for the Eastland patent recommitted to the last committee. Mr. [John] Glanville, Mr. [William] Nyell, Mr. Chancellor Duchy, Sir Edwin Sandys, Sir John Savile, Sir W[alter] Earle, Mr. Comptroller, Sir Robert Mansell, Sir A[nthony] Forest, Mr. [Thomas] Sherwill added.

That for tobacco brought back by the committee. Brought back [sic], read and allowed.

SIR EDWARD COKE reports the matter for the patent and proclamation concerning the Staplers. That the proclamation unlawful in creation and execution, and the patent in the execution. Men prosecuted in the Star Chamber upon the proclamation. Process sent by the Attorney General, and then referred them over to [Sir Richard] Lydall, etc.

The committee has resolved, in their opinion, that fit restitution be made of the sums of money received by any to their own use, and Lydall and [George] Mole held offenders in the/

Upon question, the proclamation a grievance both in the creation and execution in the opinion of this House.

Upon second question, the patent a grievance in the execution.

Upon a third question, Lydall an offender in the execution of the patent and proclamation.

[f. 59v] Upon a 4th question, Mole a like offender.

Upon a like question, in the opinion of this House, all bonds brought in, or not brought in, to the House to be redelivered to the parties to be cancelled.

Upon question, in the opinion of this House, the executors of Sir John Jolles to pay the [blank] received by Sir John Jolles, and remaining in their hands, to the parties who paid it.

Upon another question, in the opinion of this House, it is fit all those which have had money drawn from them by coercion of process or threats by the Lord Kellie, Lydall, Mole, [Arthur] Kynaston, or any other, shall be restored by those which have received the same to their own use and benefit.

Mr. Attorney [General] and Mr. Serjeant [Sir Henry] Finch bring from the Lords the pardon.

Ordered, the pardon shall be read tomorrow, 8 [o]'clock.

Sir Thomas Wentworth

Mr. [William] Noye

Mr. [John] Selden to prepare the petition of grievance concerning the Staplers' business.

MR. [WILLIAM] RAVENSCROFT tenders the petition of grievance against printing and importing of popish books, which read and allowed.

MR. [EDWARD] ALFORD reports from the committee for proclamations against living in this town at Christmas, etc. Lent butchers, etc. 2s. 6d. Reports only the proclamation for buildings. Tenders the petition of grievance upon it, which read and allowed.

The petition concerning the Eastland Company brought in by the committee. Read and allowed.

The preamble to the grievances read and allowed.

The bill of the subsidy of the clergy, the pardon and other bills to be read from half an hour past 7 tomorrow morning.

Mr. Comptroller to move his Majesty to know his pleasure when we shall attend him with our grievances, and with what number. But Mr. Comptroller to come to the House tomorrow before he go.

[House adjourned]

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

[CJ 795; f. 218]

Mercurii, 26 Maii 1624

MR. [HENRY] ROLLE reports the alterations of the bill of inferior courts. The committee are agreed of them.

Ordered, to be inserted into the bill. Thirdly read and passed.

MR. SOLICITOR reports [Robert] Wolverston's bill. Amendments twice read.

Ordered, to be engrossed.

Ordered, to be engrossed [sic].

[f. 218v] SIR GUY PALMES reports from the committee concerning the abuses of the Fleet. First, Chamberlain's. Appeared by constitutions that the warden should take of all such as have parlour commons 2s. 4d. for chambers, and for those in hall commons, 14d. He that comes in pays 5 marks for his first admittance. Complaint that he took a great deal more, 8s., 6s. Appeared also that if any committed from the Chancery and they went abroad, they should pay 20d. per diem, but not for execution. Yet appeared that divers were suffered to go upon habeas corpus in upon execution and took 10s. a week for such and money for their chambers also.

Warden of the Fleet answered thus. That the Fleet divided into the old and new buildings; for the old buildings takes but 7 groats, but for the other he takes more. For the out-goings, says that he does suffer some to go abroad and takes money for their chambers while they are out.

An order made by the lords of the Council 1598, which the committee thought fit to have confirmed by this House and pursued. And to have the lawyers of the House deliver their opinions concerning the habeas corpus.

The order read and all deferred until the next session.

SIR ROBERT HARLEY reports the bill for the river of Wey. Amendments twice read and ordered to be engrossed.

MR. [JOHN] GLANVILLE reports from the subcommittee to examine the patent of survey of seacoals. The committee of opinion that this a grievance in creation never put in execution. Have penned a petition of grievance to be presented to his Majesty.

[f. 219] Resolved, upon question, that this patent of survey of seacoals is a grievance in creation and shall be presented to his Majesty in a petition of grievance.

The petition read and recommitted, presently, Committee Chamber, to Mr. [John] Glanville, Mr. Solicitor, Mr. [John] Pym, Sir Nathaniel Rich, Mr. [William] Noye.

SIR ROBERT PHELIPS reports from the committee for courts of justice for Mr. [Robert] Grice and Mrs. Thomas. Mr. Grice's case thus. 1616, a fine acknowledged by him and his wife by dedimus potestatem, taken in the country. After, she came up to London and complained to the Common Pleas that this extorted from her. A commission granted to 2 gentlemen in the country to examine this, who certified the fine duly taken. This after stopped in Chancery. He petitioned, but could not have his writ of covenant. Desires redress here, and that the subject may not be denied his right of an original writ.

Committee of opinion to refer it to 4 judges of her choosing, but this prevailed not. Opinion of the committee to have the state of this question narratively reported to the House.

MR. [THOMAS] WENTWORTH. To advise of this until the next session.

A petition of Mr. Grice read.

Resolved, upon question, to forbear the further dispute of this matter at this time, without prejudice to either party, in regard of the other more important affairs of the House.

MR. [JOHN] GLANVILLE reports the petition concerning the patent of seacoals.

A message from the Lords by Sergeant [Sir George] Croke and Sir Robert Rich. [f. 219v] The Lords have sent down a bill entitled, An act for the better preserving of his Majesty's revenue.

SIR EDWIN SANDYS presents to the House the petitions of grievance concerning trade, being 9 in number.

1. Concerning the Merchant Adventurers, read and allowed.

[Blank]

[CJ 796] The Speaker to be here at 2 of the clock, and after the grievances ended, the bills to be proceeded in.

All committees to cease this afternoon.

[Blank]

Mercurii, 26 Maii 1624, post meridiem

The amendments and proviso of the bill of Colchester that came down from the Lords, twice read. The amendments ordered to be inserted into the bill. Thirdly read and passed.

MR. [JOHN] GLANVILLE reports the petition of grievance concerning seacoals. Allowed.

SIR EDWIN SANDYS presents the other petitions of grievance concerning trade.

3. Of the imposition on currants, allowed.

4. Patent of Guinea and Benin, allowed.

5. Alnage, allowed.

6. Serges and perpetuanas, allowed.

7. Prisage of wines, allowed.

8. Clothworkers, allowed.

9. Spanish tobacco, recommitted to Mr. Solicitor, Sir Dudley Digges, Sir Guy Palmes, Sir Thomas Wentworth, Mr. [William] Noye, Sir Nathaniel Rich.

Eastland Company, recommitted to the same committee.

That of tobacco, reported and allowed. Chancellor Duchy, Mr. [William] Nyell, Mr. [John] Glanville.

[f. 220] SIR EDWARD COKE reports the business of the Staplers. The patent decried the last Parliament. Have adjudged the patent a grievance in execution. Resolved, the proclamation a grievance in creation and execution. Resolved, all they [sic] that have received money to their own use, in their opinion, should make restitution, and the bonds cancelled. And have adjudged Sir Richard Lydall and Mr. [George] Mole offenders in the execution of this patent.

Resolved, upon question, that the last patent of the Staplers is a grievance in execution.

Resolved, upon question, the proclamation accompanying it to be a grievance in creation and execution.

Resolved, upon question, that Sir Richard Lydall and Mr. Mole are offenders in the execution of this patent and proclamation.

Resolved, upon question, as the opinion of the House, that all bonds should be cancelled, either brought into this House or not.

Resolved, upon question, as the opinion of the House, that the executors of Sir John Jolles should repay the £75 to the party of whom Sir John Jolles received it. Twelves.

Resolved, upon question, as the opinion of the House, that all those who have received any money to their own use and benefit should restore it to those who were enforced to come into the company by coercion, threats or process of law.

A message from the Lords by Mr. Attorney [General] and Serjeant [Sir Henry] Finch. [f. 220v] The Lords have sent to this House a bill entitled, An act for the King's Majesty's/

Sir Thomas Wentworth

Mr. [William] Noye

Mr. [John] Selden, to draw this petition of grievance concerning the Staplers.

MR. [WILLIAM] RAVENSCROFT presents another petition of grievance concerning the printing and publishing of popish books. Read and allowed.

MR. [EDWARD] ALFORD presents another petition of grievance concerning the commission for buildings and other proclamations. Read and allowed.

SIR DUDLEY DIGGES reports from the committee the petition concerning the Eastland Company. Read and allowed.

The preamble for all these petitions read and allowed.

The bills to be put to the question tomorrow morning, 8 [o']clock.

Mr. Comptroller to go to the King to know his pleasure when we shall attend him with our grievances, and with what company.

[House adjourned]

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

[p. 298]

Mercurii, 26 Maii 1624

The cause of [Robert] Grice was longe debated, and in conclusyon ordered it showlde reste as it dothe without prejudice to eyther parte.

The greevaunces were reported by SIR EDWIN SANDYS, and, upon the question, some of them recommyted in regarde of there [sic] excessive greate lengthe, contrarye to all parliamentarye course, and very much mislyked by SIR EDWARD COKE and others.

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

[f. 227]

Wednesday, 26th of May 1624

Resolved, that the debate and consideration of the complaints against the warden and abuses of the Fleet shall be deferred until the next sessions [sic].

MR. [JOHN] GLANVILLE reports from the committee that the patent of surveying of seacoal, for which there is paid to the surveyors 4d. a chaldron of [sea]coal, which by computation amounts to about £3,000 per annum, may be called in and disannulled. That the brewers and merchants of seacoal affirmed to the committee that the mixture of this seacoal is so small as that it cannot be discerned. That by reason of this patent, [sea]coals are raised 12d. a ton at the least. That the search and surveying of these [sea]coals is so tedious and delaying as that the ships which trade for these [sea]coals (there being a great number of them) are much hindered in their voyages and so as they cannot make so many voyages as they were wont, which is to the hindrance of his Majesty in his custom thereof to the sum of £1,200 or £1,500, his Majesty having now £8,000 per annum for the custom thereof and in good likelihood to have the sum increased unto £12,000 but that it is hindered by reason of this patent.

Resolved, by vote of this House, that this patent for surveying of seacoal is a grievance in creation, and ordered that the same shall be [f. 227v] prepared to be inserted into the petition of grievances and presented to the King.

SIR ROBERT PHELIPS reports from the court[s] of justice that the petition of one Mr. [Robert] Grice shows that his wife, anno 1616, did acknowledge a fine in the country by dedimus potestatem. About 3 or 4 weeks after, his wife did hasten to London and complained in the Common Pleas that she was compelled to acknowledge the said fine, whereon the Lord Hobart did send a commission to examine and certify whether Mistress Grice were compelled to acknowledge the said fine or no. The commissioners certified that the fine was duly and willingly acknowledged by the said Mistress Grice, whereon Mr. Grice came to have his writ of covenant but was denied the same by the Lord Chancellor Ellesmere and after by the Lord Bacon; and the now Lord Keeper finding the said writ had been so long delayed and the time elapsed wherein the said writ of covenant ought to have been granted, knew not what to do in it. But it was by all the committee held a great grievance and of dangerous consequence to have a writ of covenant (being an original writ) denied.

MR. CHANCELLOR OF THE DUCHY says that it is too great a power in the Chancery to stop a fine or writ of covenant on it. The Common Pleas is trusted with all the fines of the kingdom, and there is no reason that the Chancery should usurp [f. 228] such a latitude of power to stay original writs. The law is that the writ of covenant shall be sued forth within 8 weeks after the fine is levied, and Mr. Grice came within that time to demand the said writ of covenant, and it was unduly denied by Ellesmere and after by Bacon; but the time is not elapsed by the default of Grice but by the fault of the keepers of the Great Seal. He would therefore have us here declare that this writ of covenant was unduly denied, and to command the Lord Keeper to certify the said Mr. Grice herein.

SIR E[DWARD] COKE says that it would be a dangerous example to have a writ antedated and, the fine being levied 8 years since, it must be antedated or it will not be lawful. That by the law, a writ of covenant ought to be dated and sued before the fine is levied, but of late years the Chancery has used to antedate those writs. He thinks that it was no injustice to deny the said writ of covenant (being it could not be granted but it must be antedated), for the law is that the said writs ought to be sued forth before the fine is levied. There is no way now to relieve Mr. Grice, the petitioner, but by a bill.

MR. [NICHOLAS] DUCK says that by the law, a writ of covenant ought to be sued forth and bear date before the fine which is levied, though the practice of the law be that [f. 228v] fines be first levied and the writ of covenant antedated. That the Lord Keeper in this case cannot grant a writ of covenant, neither ought any judge or Lord Keeper to give way that a writ with an antedate should be issued. But an original writ ought not to be denied, if it be duly and lawfully demanded, which this writ was not at first because the fine was levied before the writ of covenant was sued forth. And the fine does thus cum breve nostrum de convencione, etc., which shows that the writ of covenant ought first to issue. He says we cannot, therefore, resolve that the writ of covenant was at any time unduly and unjustly denied, nor remedy the petitioner, Mr. Grice, otherwise than by a bill.

Ordered, that this business shall rest undetermined by reason of greater matters now in hand, without prejudice to either party.

Resolved, by vote, that the patent for surveying of seacoal shall be inserted into the petition of grievances and is to be the tenth grievance in number.

There is a bill now sent us from the Lords entitled, An act for the better preservation of his Majesty's revenue, but this is not now read by reason of other businesses here in hand.

It is resolved, by vote of this House, that the restraint of the trade of cloth and other manufactures to the sole merchandising of the Company [f. 229] of Merchants [sic] Adventurers, and their imposition of 7s. on a long cloth and 5s. on a short cloth and other impositions laid as well by the Low Countries and by the Archduchess as here in England, as the pretermitted custom and Lord Cumberland's patent and the like, shall be all inserted into the petition of grievances and delivered to the King.

Afternoon, 26⁰ Maii 1624

The Speaker in the chair.

It is ordered, by vote of this House, that there shall be inserted into the petition of grievances to be delivered to the King the complaint of grievance against the Turkey merchants; against the patent of Guinea and Benin; against the alnager for exaction and extortion; against the farmers of the customs for exaction of fees upon serges and perpetuanas; against prisage and butlerage of wines in the outports, etc.; on the behalf of the Clothworkers of this kingdom, who complain that they cannot have the benefit of the statute of 8 Eliz. made on their behalf and for the good of this kingdom; against the importation of any tobacco other than what is grown in his Majesty's own dominions; concerning the patent of the Eastland Company, desiring that the merchants of the outports may be admitted into that company and the trade into those parts may be enlarged; against the multitude of popish books printed and sold here in England.

[f. 229v] SIR EDWARD COKE reports from the committee of grievances that the Staplers, having obtained a patent upon the statute of 7 [sic] E. 6 for the sole buying of wool, that they made an order that 100 men should be admitted, paying £100 apiece. That for the execution thereof, they procured an undue proclamation. That the committee thought the patent itself was legal in creation, but in execution it was a great grievance; and the proclamation, which exceeded the extent of the said patent for it, admitted that anyone should be of that company, but the proclamation restrained it only to such as the patentees should admit. And therefore, the committee held the said proclamation to be a grievance in creation and in the execution.

Ordered and resolved, that, in the opinion of this House, this patent of the Staplers is a grievance in the execution only, and the said proclamation granted concerning this patent is so both in creation and execution. And that Sir Richard Lydall and Mr. [George] Mole (principal patentees) are delinquents in the execution of this patent, and that it is fit, in the opinion of this House, that all bonds which any have given for the payment of money to the patentees to be admitted into that company should be redelivered. And that the £70 [sic] received of the executors of Alderman Jones [sic] should [f. 230] be repaid by those of the patentees that received it. And that all the money that has been taken or received concerning this business of the Staplers, either by the Earl of Kellie, Sir Richard Lydall, Mr. [Arthur] Kynaston, Mr. Mole or any other to their own use, shall be restored again to the parties of whom they received it.

Ordered, that a select committee shall forthwith draw up this grievance fit to be inserted into the petition of grievances.

Message from the Lords, who send us by Mr. Attorney [General] this bill entitled, An act for his Majesty's most gracious, general and free pardon.

Resolved, by vote of this House, that it shall be inserted into the petition of grievances the complaint against the proclamations for building in and near the City of London.

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

[p. 242]

Wednesday, the 26th

[Robert] Wolverston's bill is reported by SIR ROBERT HEATH, the Solicitor, and is passed.

The bill of opening the river of Wye is passed.

The bill concerning delays in suits by removing them from inferior courts is passed with the Lords' amendments.

The imposition granted of 4d. upon the [blank] of seacoal for the survey is found a grievance and is to be presented to the King. Sir Robert Sharpeigh and one Alexander Haitley are the patentees who receive benefit by it £3,000 per annum. The brewers have informed that the abuse which they pretend to reform (in those that shall utter bad [sea]coal) is not to be discerned by any survey, but only in the burning. That none that ever bought or used the [sea]coal did complain or desire such an office. That they which did certify the abuse upon which the patent was gotten do now confess they were drawn unto it by threatenings and promises, and so did set their hands to it. That it concerns not above 40 in the kingdom. It is prejudicial to the King's revenue, for it hinders one voyage in three by this delay and the loss is £2,000 per annum, and thus also the [sea]coals are raised in price, which is worse for the subject.

[Blank]

[p. 243] Grievance. [Blank] concerning the decay of trading for cloth and the want of vent for them, so that they are come from 80,000 to 40,000 per annum, whereof one main cause is the secret transportation of wools. There be other causes for this decay, as the restraint of this trading to particular places and towns in Germany and the Low Countries by the orders and company of the Merchant Adventurers, for they solely appropriate the white cloths to themselves; also the imposition of the pretermitted customs.

In the afternoon

A grievance was found at the committee of trade, and now reported by SIR EDWIN SANDYS, concerning the Turkey merchants for impositions upon currants and sugar from the 18d. anciently to [blank] now. The first imposition was procured in Queen Elizabeth's time by Leicester and that was only on the strangers, not on the English. It was suggested at the committee that the merchants themselves did first set it on foot, but it was answered it was on the strangers, not natives.

This is passed as a grievance and ordered to be engrossed among the rest.

The patent for Guinea and Benin being complained of by the cloth dyers, that some private men have the sole trade for redwood, which they dye withal.

And for the alnager's office and the usurpation of it and abuse beyond his bounds (as is before). This passes for a grievance also.

[p. 244] The complaint that was made against the farmers of the customs for extortion upon serges and perpetuanas, etc. is passed for a grievance, too.

That for the butlerage of wine in vessels less than10 tun and for their exacting and choosing what wine they will. This was found a grievance.

The complaint of the Clothworkers for/

The complaint against Spanish tobacco, that it breeds poverty because we sell our native commodities to foreign merchants for smoke. But the title was altered and it was set down: “tobacco growing out of your Majesty's dominions”.

SIR EDWIN SANDYS says that it was proved at the committee that £60,000 in ready money was carried out for tobacco.

It is ordered it shall be presented as a grievance and a petition with it that it may be prohibited.

A grievance was propounded concerning the complaints made against [sic] the Eastland Company.

MR. SOLICITOR moves consideration to be had that in redress of one abuse concerning this another inconvenience follow not, for if generally other nations should be prohibited to bring into England [p. 245] their foreign commodities in their own vessels, then would they also prohibit us to bring our[s] to them ourselves. Therefore, only is it necessary that those be prohibited who fetch for us those commodities which we would fetch ourselves, and so do harm us.

MR. [WILLIAM] NYELL certifies that there is a necessity that we must suffer the Hollanders to fetch the East country commodities for us because neither the Eastlander has no ships fit to bring them nor we to fetch them, as masts, deal, etc.

[Blank]

SIR EDWARD COKE reports a grievance of the Staplers who, by virtue of a proclamation, were threatened and imprisoned, etc. and enforced to pay [blank] apiece. That the committee had judged the patent a grievance in creation and execution, and that both [blank] Mole and Sir Richard Lydall offended in the prosecution of it.

The House adjudges so also of the proclamation, and of the patent in execution only, and of Lydall and Mole as aforesaid; and that there ou[gh]t to be restitution made for the money taken hereon and the band yet remaining ought to be cancelled, as the House thinks. That Sir John Jolles's executors are to restore the [blank] to the parties they had it on.

MR. [WILLIAM] NOYE moves that those may have restitution only who were compelled to come in and not they that did it voluntarily; that Mole and Lydall were but as servants to receive it; that the execution was pro blandishment del signiori, and no reason to serve them as Sir Andrew Kingston did, the miller's man.

[p. 246] The House orders it as aforesaid.

The Lords sent down the general pardon granted by the King.

MR. [WILLIAM] RAVENSCROFT presents it as a grievance, the sufferance of printing of popish books and superstitious t[r]eati[s]es.

It is allowed and passed as a grievance by the House.

MR. [EDWARD] ALFORD presents to the House a grievance concerning proclamations made contrary to the statutes and laws.

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

[f. 167]

May 26

It is an imposition disguised in terms.

The patent of surveyorship of Newcastle [sea]coal adjudged a grievance and to be presented to the King, being of a dangerous nature tending to the subversion of property and being an imposition upon a native commodity out of Parliament. Petition consists of 2 parts:

• 1. To answer the King's message.
• 2. To have the grievance redressed.

Report by [SIR ROBERT] PHELIPS from courts of justice. A petition by Mr. [Robert] Grice that September 18, 1616, his wife being a coheir with him, acknowledged a fine taken by dedimus pot[estatem]. She came to London, informed the [f. 167v] court that she did it for fear. Lord Hobart stayed proceedings. A commission went out to examine whether voluntary or not; certified that was voluntarily done. Thereupon, order by Hobart that should proceed. But Ellesmere and after him Bacon caused the writ of covenant to be stayed. Bacon took away his dedimus pot[estatem] and committed his solicitor. He desires redress, and that order may be taken that original writs be not thus stopped. Whether the Lord Keeper shall be sent to to grant a writ of covenant and antedate it in respect of the lapse of time; or by bill; or to be presented as a grievance.

Moved, that we may advise upon this until the next session [f. 168] in respect of the shortness of time and multiplicity of business.

CHANCELLOR OF DUCHY. That this court may declare their opinion that this fine was unduly stopped by the violence and power of the Chancellor and to be presented as a grievance because Chancery invades the common law.

SOLICITOR. That this cannot be helped but by a bill, though it be the act of a court.

[MR. WILLIAM] STRODE m/

[SIR EUBULE] THELWALL. That when fine is acknowledged, 2 fines must be paid: a pre-fine in the alienation of office and a post-fine. And the writ of covenant must be brought in within 3 terms or not to be received. And to antedate the writ to make the fine good, it must be before the Lord Keeper's hand and seal, being 7 years since.

[f. 168v] [SIR EDWARD] COKE. A fine must not be antedated; so that you cannot levy a fine today as if it were 8 years ago. And in course, a writ of covenant should go out first, but now commissions go out first, and then writs of covenant are antedated and fitted to the commission. But that is not legal, though usual. But no error because done by consent.

[MR. HENRY] SHERFIELD. That judges may stay writs for a time, until have informed themselves of some truth, but not perpetually to prejudice the party.

An original writ cannot be denied but the antedating of [a] writ may, either by the Lord Chancellor or a cursitor. The commission runs cum breve nom pendeat, etc. so it presupposes a writ.

All were not satisfied that Lord Chancellor might not deny a writ original [f. 169] upon some occasion. No resolution was given in this case, but put off until the grievances dispatched.

You shall never have vent unless you undersell the foreigner.

[SIR EDWARD] COKE. I will live and die in this opinion: that no impositions can be laid but by Parliament, whether upon foreign or native commodities.

Bill from Lords entitled, An act for the better preserving of his Majesty's revenues.

Grievances to be presented to the King which came from the committee of trade:

Merchant Adventurers

Pretermitted customs

Eastland Company

Turkey Company

Guinea and Benin

Alnage

[f. 169v] Perpetuanas

Prisage.

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

[f. 193v]

Wednesday, 26th of May

[Robert] Wolverston's bill reported, it being for reversal of a decree in Chancery made touching sale of lands at an undervalue. Passed to engrossing.

SIR GUY PALMES'S report touching the grievances of the prisoners of the Fleet touching exactions, etc.

This put off.

Bill for making the river of Wye navigable. Passed to engrossing.

MR. [JOHN] GLANVILLE'S report touching the grievance [f. 194] of surveying of seacoal, fitted [sic] to be presented to the King, showing the unlawfulness of the patent. £3,000 per annum. The certificate unduly gotten.

Ordered, to present it as a grievance to the King.

The petition to the King, first read, committed to be considered of.

Reported, the committee thought fit not to put in any word that might imply lawfulness of imposing on commodities imported.

SIR ROBERT PHELIPS'S report from the committee for courts of justice. The complaint of [Robert] Grice, reciting that 1616, his wife, being heir unto Clippesby, and he acknowledged a fine of the manor of [?Woburn]. She, 4 or 5 weeks after, went to London and complained that she was compelled to, etc. A commission went out to examine this. The commissioners certified that the fine was well acknowledged, yet there was a stay in the Chancery of the writ of covenant. The Lord Chancellor Bacon committed the solicitor of the business to the Fleet.

This debated and put off in regard of other businesses.

A message from the Lords. They sent down a bill for the better preserving of his Majesty's revenues.

SIR EDWIN SANDYS'S report of grievances of trade to be presented to the King:

• 1. Merchants [sic] Adventurers.
• 2. Eastland Company.
• 3. Turkey Company.
• 4. Guinea and Benin.
• [f. 194v] 5. Alnage.
• 6. Perpetuanas.
• 7. Prisage of wine.
• 8. Clothworkers.
• 9. Tobacco.

• 1. Touching the Merchants [sic] Adventurers:
• 2. The yearly revenue of the kingdom £800,000 decayed.
• 3. But £40,000 cloths transported when £80,000 went forth formerly.
• 4. Transporting cloths unwrought.

Causes of decay of trade of cloth:

Cause 1: restraining the vent to one company. £80,000 levied by them within a few years by impositions laid.

Remedy:

• 1. The new manufactures to be free, and the trade of coloured and mingled cloths.
• 2. That if the Merchants [sic] Adventurers forbear to buy cloths in Blackwell Hall a month, then any to buy and transport.

Cause 2: overburdening of trade.

• 1. 24s. imposed by the Archduchess, 32s. by the States under the name of consumption money.
• 1. [sic] Great trouble in regard of taring of cloth there. The officers of the Custom House daily #increase their fees, requiring great fees where none are due, as in case of transporting from port to port.
• 2. Remedy: the licence for £30,000 cloths to be augmented to 20,000 more freely. A great burden the pretermitted custom, damage rather ensuing to the King by it than profit.

Wednesday afternoon, [f. 195] the House sitting

SIR EDWIN SANDYS'S report of the grievances fitted [sic] to be presented to the King:

The petition concerning the Eastland Company.

The petition touching the Turkey merchants, of 5s. 6d. per cent imposed on currants.

The petition against the patent of Guinea and Benin.

The petition concerning the alnager's office.

The petition against the farmers of the Custom House touching serges and perpetuanas.

The petition touching prises [sic] of wines.

The petition concerning the Clothworkers.

The petitions concerning tobacco. Recommitted.

A message from the Lords. The pardon sent down.

Ordered, touching the complaint against the Staplers, that restitution should be made to the broggers.

MR. [WILLIAM] RAVENSCROFT tendered a petition to go with other grievances touching restraint of popish books.

MR. [EDWARD] ALFORD. A petition against the proclamation touching buildings, etc.

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

[f. 120v]

May 26⁰, Wednesday

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