House of Commons Journal Volume 1: 28 April 1624

Mercurii, 28 Aprilis

Abbots-hall.

L. 1. AN Act for Sale of the Manor of Abbots-hall.

Meese's Will.

L. 1. An Act for the Avoiding and Adnulling of a Sentence, given in the Prerogative Court, in the Probate of the supposed Testament of Edmund Meese.

Earith, &c. Marshes.

Earith and Plumsted: - Friday next. - Sir Edw. Gyles, Mr. Coryton, Mr. Pym, Sir Tho. Holland, Sir Ar. Herris, Sir Geo. Chudleigh, Sir Ed. Peyton, Sir Fra. Fane, Mr. Fanshaw, Sir Will. Massam- -

Bonnington's Estate.

Bonnington's Bill, - Friday next. - Sir Will. Boulstred, Sir Eub. Theloall, Sir Eras. Dreyden, Sir Tho. Estcourt, Sir Jo. Stradling, Mr. Snelling, Mr. Eve, Mr. Rivet -

Witnesses to appear.

The Witnesses, in a Paper brought in by Mr. Fanshaw, to be warned in, by a Warrant from Mr. Speaker, to appear upon Friday before the Committee of Grievances.

Law Suits.

L. 1. An Act for Expedition of Suits in Law, and for preventing unnecessary Charges and Delay in sealing original Writs, and other Writs, called Six-penny Writs. - Upon Question, rejected.

Perpetuanoes.

Perpetuanoes: - Thursday, Two Clock,Courtof Wards.

Lincolne School, &c.

L. 3. An Act for erecting a Free-school, an Alms-house, and House of Correction, within the County of Lincolne: - Upon Question, passed.

Litle's Nat.

L. 3. An Act for the Naturalizing of Abigail Litle, and Jeffry Litle: - Upon Question, passed.

Grievances.

Sir Edw. Cooke: - In the Committee of Grievances have proceeded in Five Causes :

1. Of the Lord Treasurer: 2. Sir Ferd. Gorge his Patent: 3. Sir Jo. Townsend his Patent, which was condemned the last Parliament ; yet he proceeded upon it. 4. The Patent of Gold-wire-drawers : That adjudged a Grievance in Creation, and Execution: 5. The Apothecaries Patent. -

To appoint a Sub-committee, to draw these into Form, to be presented to the King. - Ordered.

Sir Edw. Cooke, Mr. Noy, Mr. Selden, Mr. Pym, Sir Eub. Theloall, Sir Edwyn Sandys, Sir Rob. Philips, Mr. Alford, Attorney Wards, Mr. Whistler, Sir Dud. Digs, Sir Pet. Hayman, Sir Fra. Barrington, to consider of these, and those that shall come after, of the Grievances of the last Parliament, and of Septimo; and to draw them up in a fit Frame and Model, to be presented to the King: - To-morrow, Inner Temple Hall, Four Clock: And all to have Voice.

Fishing.

Mr. Wentworth reports the Bill for free Fishing. The Amendments twice read. - Ordered, To be ingrossed.

Grievances.

Mr. Delbridge: - To have the Grievance of the Fishermen, on the Coast of Ireland, presented to the King.

Rawleigh's Restitution.

L. 3. An Act for Restitution in Blood of Carew Rawleigh, Son of Sir Walter Rawleigh, Knight, lately attainted of High Treason : - Upon Question, passed.

Petitions against Dr. Anian, &c.

Mr. Spencer: A Petition against a Head of a College in Oxford, Corpus Christi College: - Doctor Anian.

The Petition read. - To have a select Committee for this.

Another Petition, of the like Nature, against Doctor Richardson, Master of Trinity College in Cambridge.

Dormer, a Recusant.

Mr. Snelling: - A Popish Schoolmaster, fit to be thought of; Simon Dormer.

Heralds Patent.

Mr. Mallory: - A Thing complained of the last Parliament; the Patent of the Heralds : A Thing very considerable.

Resolved, Upon Question, To have a select Committee, to take into Consideration these Two Petitions, and the Popish Schoolmaster. -

Sir Edw. Cooke, Mr. Spencer, Sir D. Digs, Sir Tho. Hoby, Sir Jo. Cuts, Mr. Dyat, Attorney Wards, Mr. Noy, Mr. Selden, Mr. Pym, Sir Rob. Hatton, Mr. Sims, Mr. Lucy, Mr. Snelling, Mr. Cage, Sir Pet. Hayman, Sir Jo. Stradling, Sir Will. Massam, Mr. Wentworth, Mr. Geo. Herbert, Sir Hen. Poole, Doctor Zouch, Sir Edw. Gyles, Sir Tho. Wentworth, Sir Edw. Peyton, Sir Tho. Cheeke, Sir Will. Beecher, Sir Will. Spring, Sir Nath. Rich, Sir Ben. Ridiard, Sir James Perrott, Sir Fra. Barrington, Sir Fra. Seymour, Sir Will. Fleetewood, Sir Jo. Corbet: - Friday, Two Clock, Star-chamber.

These are appointed to take Consideration of these Two Petitions, and of the Information against the Popish Schoolmaster, and all other Complaints of this Nature, concerning Religion, or Learning; which are to be first offered to the House, and then transmitted over to them : And have Power to send for Parties, Witnesses, Records, and Writings.

Heralds.

Sir Fra. Seymour revives Mr. Mallory's Motion about Heralds. - Last Summer were in Wiltshire: Demanded of every Knight, 45s. of every Esquire, 35s. of every Gentleman, 25 s. A second Warrant, to summon, those that appeared not at the first Summons: A very strange one. - Read. -

Never questioned any Man that paid them Money; and questioned every Man that paid not.- -

To have a Committee appointed, to examine this; and to have Power to send for these Men. and Clarentius' Executors, and any Books or Writings.

Sir Rob. Philips: - Sir Gyles Mompesson had the Great Seal, to warrant him. His peremptory Letters a great Aggravation of his Offence. Here the like. - To have a Committee for this.

Sir Edw. Cooke: - A Court erected of late: These Men a great Dependence on it. The Constable and Marshal have a Court. - Edw. III. Book 50. - In 48 Edw. III. an Act of Parliament made, for their Jurisdiction. - To meddle with nothing that belonged to the Common Law; but Matter of Arms and Chivalry. - If Two Men go into another ( 18 Hen. IV.) Kingdom, and fight, and one kill another, the Marshal may try it, and hang him. Charter of Nobility and Gentry, triable at the Common Law. - Doughty: 25 Eliz. Drake beheaded him at Sea. Judges resolved that it was illegal. The Marshal himself was to do it, not his Commissioner. -

So, if a Commission made to certain Men, in nature of a Constable, these cannot do that a Constable may do. - To have it had in Consideration, that it may be settled now this Parliament.

Sir Hen. Poole: - These Men also take new and extortive Fees: 10 l. of every Knight, 20 Nobles of every Gentleman, that dies. This by an Order, made by the Earl Marshal.

Sir Guy Palmes: - To have this Committee have Power to examine their Authority, and to call the Heralds before them.

Doctor Ducke: - Divers Lords appointed to this Office : They set these Fees, which indeed are somewhat high. Earl Marshal about to draw them down half in half. The Office no new Thing.

Sir Tho. Estecourt: - Came Two other Heralds into Glostershire, that took the like Course. - To have these likewise converged.

Sir Tho. Wentworth .- - Are of late divers Patents under the Great Seal: - Clauses, that Justices of Peace shall be aiding to them : If not, brought into the Star-chamber, and fined, and ransomed. - If this be suffered, shall be weary of his Place. - To have this Committee take Consideration of this also, and of all Things incident to this Court.

Resolved, upon Question, To have a Committee. -

Chancellor Exchequer, Sir Edw. Cooke, Sir Rob. Philips, Sir Edw. Cecill, Sir Tho. Wentworth, Sir Fra. Seymour, Sir Fra. Fane, Sir Hen. Poole, Mr. Noy, Sir An. Corbet, Sir Simon Weston, Sir Edw. Peyton: And all to have Voice: - To-morrow, Two Clock, Star-chamber.

These are appointed ......

Statutes.

Mr. Noy reports the Bill of Continuance of Statutes, which was re-committed. - Two referred to them : Repealing of the Statutes for Transporting of white Cloths, and Licences for Eating of Flesh. Committee thought not fit to have those Laws repealed. For Cloths; thought the Dispensation to be an exceeding great Grievance, and desired it might be presented to the King, - To redeem the Law for Money.

The Amendments twice read. -

Ordered, To be ingrossed, with as much Speed as may be. To be put to the Question of Passage on Friday, with the other ingrossed Bills.

Patents.

The Patents of Dispensation to be brought in to the Committee of Grievances, to be considered of by them.

Pretermitted Customs.

Debate of the pretermitted Customs. -

Mr. Noy: - More Profit for the King not to take the pretermitted Custom, than to take it. King received more Profit, when he had a Noble on a Sack of Wool, than when 40 s. Question no more but this : Statute of primo gave Tonage and Poundage; except Wool, Wool-fells, and Leather, and Cloth outward : Question, whether Cloth included within that Statute. - Thinks, not. - Will set aside the Right of Imposition. - No Due upon Cloth, by that Statute: Cloth excepted. Grants, of all Wool, 40 s. on every Sack. By no Law Cloth included under the Name of Wool. A new Species. We have made it Felony, this Parliament, to transport Wool: Shall this extend to Cloth? Context makes it a great deal stronger. All Strangers, that carry Cloth, pay the Poundage. The Charge would have been laid as large as the Exception. - Apples, and Cyder: - He that gives away his Apples, gives not his Cyder. A Man was seised of a Manor, to which an Advowson : Levied a Fine of both. The Cognisee rendered the Manor, and One House: The Advowson passed not back again. This so construed in all Ages. 14 Edw. IV. 40 s. on a Sack of Wool, when but little Cloth made. 29 Edw. III. 40 s. granted on a Sack, to last for Six Years. Then takes but 14d. upon a Cloth transported. 2 Hen. V. a Grant of 43s. on a Sack : But 14 d. taken, by Commission, of a Cloth of Assise.

3 Hen. V. granted him a Subsidy of 40s. and Poundage of 12d. upon a Pound of other Goods. Then the Law general, and taken of Cloth. Custom by the Common Law; appears by Magna Charta and Mathew Paris. - 11 Hen. IV. - Hath considered, on the other Side, 1. That this declared to be a Law in Queen Mary's Time, and so explained by 70 Years Continuance. This no Objection at all. That Declaration will discover somewhat, that not a Declaration of a Law; not said, due before; but then assessed by Power of State. The Loss of Calice a Cause of that Ordinance. -

Another Objection out of 1 Eliz. about the Weight of Kersies, - Thinks, Mr. Nicholson did mistake the Law, and was deceived.

Sir Edw. Cooke: - Shall rather shew his Duty, than his Discretion, to argue after so elaborate a Speech. - Of Opinion clearly, that this not within the Statute of Tonage and Poundage. - That is said to be pretermitted, that, through Oblivion, Ignorance, or Negligence, is not wholly paid. No certain Custom, at the Common Law, to the King. If had been a Duty before the Grant of 6s. 8d. he should have had more than that. - Will argue ex visceribus causae. - He a strange Expositor, that should include Cloth under the Title of Wool. This of Cloth excepted. -

39 Hen. VI. a Subsidy granted, of all Wares, Goods, and Merchandizes. At a Session of the same Year, then complained, that any thing should be set on Cloth. Six Reasons : 1. To the Impoverishing the Poor: 2. An Impediment of Vent: 3. An Increase of Interest: 4. The Destruction of the Navy: 5. Wools of no Value : 6. The Undoing of the Wool-grower. Therefore desired, Wool might be excepted out of the Statute of Tonage and Poundage: And ever since excepted, for these Reasons. 11 Hen. IV. a Judgment in Parliament, Strangers to pay no Custom for Garments made of Cloth : A far stronger Case, than the other. Here the Species altered. 27 Edw. III. gives 4d. a Cloth, besides Alnage. Opinion of the Judges, that no Custom due for Cloth made of Wool. Resolution of the Judges clearly in this with us. 14 Eliz. Kersies made of greater Length, whereby the Queen deceived of her Custom. This the first Objection. - Will thus answer it: 3, 4, Eliz. resolved in the Exchequer, that Kersies and Dosents were in the Statute of Edw. III. and so are to pay. -

2 King James, a Resolution of the Judges, which was highly commended : - Read : - Which set down what Duties are due. -

All new Draperies, made wholly of Wool, are to pay Custom by the Statute of Edw. III.

No Alnage upon Stockings, nor Worsteds. -

Will conclude, super totam materiam, that this pretermitted Custom not due upon the Statute of Tonage and Poundage.

The Resolution of this Matter respited until Saturday Morning. Nicholson to attend at that Time, and bring in his Patent.

Butter. &c.

Mr. Woodward reports the Bill for Butter and Cheese. The Amendments twice read. - Ordered, To be ingrossed.

Clerk of the Market.

Bill for the Clerk of the Market, - To-morrow Morning, Seven Clock, Committee Chamber.

Privilege.

Mr. Glanvill -

Andrew Bates to have a Writ of Privilege : Mr. Godfrey's Servant, a Member of this House.