House of Commons Journal Volume 1: 28 April 1624

Mercurii, 28 Aprilis

Pointz' Estate.

L. 1a. AN Act for Sale of the Manor of Abbotts-hall, in the County of Essex, according to the last Will of Sir James Pointz, Knight, deceased.

Meese's Will.

L. 1a. An Act for Avoiding and Adnulling of a Sentence in the Prerogative Court, in the Probate of the supposed Testament of Ed. Meese Esquire, deceased, unduly obtained, for Redress in that behalf.

Plomsteade Marsh.

Plomsteade Marsh : - Friday next Sir Edw. Gyles, Mr. Pymme, Sir Tho. Holland, Mr. Coryton, Sir Geor. Chudleighe, added to the Committee.

Bonington.

Boningtons Bill, - Friday next, Sir Wm. Boulstreade, Sir Ewb. Thelluall, Mr. Fetherston, Sir Erasmus Dreyden, Sir Jo. Stradling. Mr. Snelling, Mr. Eve, Mr. Ryvett, Sir Tho. Escort -

Witnesses to attend Committee.

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 for Grievances.

Law Suits.

L. 1a. An Act for Expedition of Suits in Law, and for preventing unnecessary Charges and Delays in sealing original Writs, Subpoenas, and other Writs, called Sixpenny Writs: - Upon Question, rejected.

Perpetuanos.

Perpetuanos : - Thursday, Two Clock, Court Wards.

Boston School, &c.

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

Little's Nat.

L. 3a. - Little. - Upon Question, passed.

Grievances.

Sir Edw. Coke reporteth from the Committee for Grievances. - Lord Treasurer, Sir Ferdinando Gorge, -

Sir Jo. Townsend, Concealments, executed sithence damned last Parliament. Lord Canterbury a Referee for this from the King: Certified him, the Hospitals not concealed, because lay -

Gold-wire-drawers. - The old Body, being free of the Goldsmiths, and an ancient Trade in Ed. IV. Time, restrained of their Trade, and new Men brought in, and -

Apothecaries.

A Sub-committee, to consider of these, and such other, as shall come after: - Sir Edw. Coke, Mr. Noy, Mr. Selden, Mr. Pymme, Sir D. Digges, Sir Ro. Phillippes, Mr. Alford, Mr. Attorney Wards, Mr. Whystler, Sir Ewb. Thelluall, Sir P. Hayman, Sir Edw. Sands, Sir Francis Barrington. - And to look into the Grievances last Parliament, and 7o Jac. and to agree upon a Course to present these, in a Parliamentary Manner, to the King: - To-morrow, at the Inner Temple Hall, Four Clock: And any, that will come, to have Voice.

Fishing.

Mr. Wentworth reporteth the Bill for free Liberty of Fishing in Newfound-land. - Engrossetur.

Raleighe's Restitution.

L. 3a. An Act for Restitution in Blood of Carew Raleighe: - Upon Question, passed.

Petition against Dr. Anyan.

Mr. Spencer delivereth in a Petition against Dr. Anyan: Which read in the House. -

Moveth, a select Committee, for Examination thereof; and that they may have Power to send for any Witnesses, &c.

Sir H. Poole: - That he may have Warning.

Popish Schoolmaster.

Mr. Snelling moveth concerning a Popish Schoolmaster in Suffolke.

Mr. Selden: - That this Committee may have Power to receive Petitions against any College.

Sir Edw. Gyles: - That these Petitions may first be brought into this House, and there read.

Master of Trinity Col.

Another Petition read, against the Master of Trinity College.

Agreed, a select Committee to consider of all these. -

Exactions by Heralds.

Mr. Mallory moveth against the Exactions of the Heralds: And, that a Committee may consider of the Grievance by them. -

Dormer.

Symon Dormer. -

Resolved, A select Committee to consider of the -

Sir Edw. Coke, Mr. Rich. Spencer, Sir D. Digges, Sir Tho. Hobby, Sir Jo. Cutts, Mr. Dyett, Attorney Wards, Mr. Noye, Sir Wm. Beecher, Mr. Pymme, Sir Ro. Hatton, Mr. Symmes, Mr. Lucy, Mr. Snelling, Mr. Cage, Sir P. Hayman, Sir Jo. Straddling, Sir Wm. Masham, Mr. Francis Drake, Mr. Wentworth, Mr. Geor. Herbert, Sir H. Poole, Dr. Zouch, Sir Edw. Gyles, Sir Tho. Wentworth, Sir Edw. Peyton, Sir Tho. Cheeke, Mr. Selden, Sir Wm. Spring, Sir Nath. Rich, Sir Ben. Rudyard, Sir J. Perrott, Sir Francis Barrington, Sir Francis Seymor, Sir Wm. Fleetewood, Sir Jo. Corbett: - Friday, Two Clock, Star-chamber. - Power to send for Parties, Witnesses, Records, &c. and the Parties to have Warning. - And all Petitions, concerning Learning, and Religion. -

Exactions by Heralds.

Sir Francis Seymor reneweth the Motion for the Heralds. - For their Exactions, both concerning the dead, and living. - That these came into Wilshyre last Summer, with a Patent, granted to Clarentius, 1 Jac. Henry St. George, Henry Blewmantle. - Precedent Warrants, for all Knights, Esquires, Gentlemen, and all others, that had Money in their Purses. - Demanded of every Knight 45. of Esquire, 35. of Gentleman, 25. Left out none, that was called Mr. -

A second Warrant, for those, which first appeared not, directed to the Constables. A Copy thereof delivered, to be read; and a Letter to Mr. Hyde; and an Answer to them -

That they questioned none, who paid them Money, whether a Gentleman, or not; nor omitted any, who payed them not. -

Moveth, a Sub-committee, to examine this; to send for Parties, or Witnesses, Records, their Books of Accounts, &c.

Sir Ro. Phillippes secondeth the Motion. - 1500l. 1,000l. 1000 Marks, put of a Country by this. - That Sir G. Monpesson had the Great Seal, for Warrant of his Proceedings; and his Threatning a principal Fault of his : So theirs his.

- A Subpoena of 50l. for Appearance. - The Office of Earl Marshal unbounded. - A Committee.

Sir Edw. Coke: - Things most general, and of greatest. Consequence, fittest and safest to be spoken in Parliament. The Earl Marshal's Court lately erected, where the Parties, now complained of, have a principal Relation. The Setting down the Jurisdiction of Courts, the noblest Work, that could be, of a Parliament. -

48 Ed. the Constable and Marshal have a Court: An Act of Parliament, to limit their Jurisdiction. - To meddle with nothing determinable at the Common Law. -

13 H. IV. - Two go out of England into Scotland, and kill one another: - The Constable and Marshal may execute him, because the Common Law cannot meddle with it. This Court cannot question a Patent of Honour, under the Great Seal; but a Quo Warranto, or Scire facias, -

25 Eliz. Drake beheading Doughty; resolved, the Marshal without a Constable, or Commissioners of the Office of Constable, and Earl Marshal, cannot meddle. - If they meddle, without Authority, dangerous, both for the Judges, and Assessores. Commissioners, in the Nature of a Constable, not Constables, no more than Commissioners of the Treasury are Treasurers. - To settle this now in Parliament.

Sir H. Poole remembereth their Exaction of 10 l. for a Knight, and 6 l. 13s. 4d. for a Gentleman. - 5l. Fee exacted at the King's coming. - Fees of Knights.

Dr. Ducke: - That the Earl Marshal about to have abated these Fees, half in half. That the Earl Marshal hath a Commission, as a Constable, and as an Earl Marshal.

Sir Tho. Escort: - To have all Heralds questioned about this ; for this Abuse as well in other Counties, as in Wilshyre.

Sir Tho. Wentworth remembereth the Clause in the Letter, that Mr. Hyde, being a Justice of Peace, should have assisted him. - This Clause in many Proclamations, and Patents. - If assist, how can justify his Oath, to execute the Law ? If assist not, then in the Star-chamber Fine and Ransom. - That this Committee may take this Clause into their Consideration.

These Heralds, and all others, and the Increase of Knights Fees, and all the Matters before mentioned, concerning the Marshal's Court, or otherwise, to be considered of - Sir Ed. Coke, Sir Ro. Phillippes, Mr. Chancellor Exchequer, Sir Edw. Cecill, Mr. Selden, Mr. Mallory, Sir H. Vane, Sir Guy Palmes, Lord Percy, Sir Tho. Wentworth, Sir Francis Seymor, Sir Francis Fane, Sir H. Poole, Mr. Noye, Sir A. Corbett, Sir Sy. Weston, Sir Edw. Peyton: All, that will come, to have Voice : - To-morrow in the Afternoon, Star-chamber.

Statutes.

Mr. Noye reporteth from the Committee for Statutes, for the Two Points referred to them; viz. Dispensation with Cloths, and Eating of Flesh. - That the Committee resolved to meddle with neither; but that they conceived, the Patent of Dispensation with transporting Cloths unwrought, was a very great Grievance: For either the Law, or Dispensation, naught: - And so to have it presented to the King.

Upon the Question, to be ingrossed: And this, with other Bills, to be put to Passage upon Friday next, at Nine of the Clock.

These dispensing Patents to be brought in to the Committee for Grievances; there to be considered of, and reported to the House.

Pretermitted Customs.

Mr. Noye reneweth the Debate about pretermitted Customs.

Mr. Solicitor, and the rest of the Lawyers, sent for by the Serjeant.

Mr. Noye . - That more Profit for the King, not to take it; than to take this pretermitted Custom; as in Ed. III. Time, they told the King, he received more Profit by the half Mark for a Sack of Wool, than when he had 40s. - So Lords of Copyholds for reasonable Fines. -

For the Right; the Question upon the Statute 1o Jac. for Poundage ; where an Exception of Cloth exported ; and no new Grant upon Cloth. The Question, whether Cloth included in this Act. - Declineth the Point of Imposition ; and will not question the Tax laid in Queen Marye's Time, which descended to the King; which, will not dispute, whether due, or not. Relieth upon the Word, but more upon the Context, of that Statute. - Clear, the Exception exempteth Cloth. The Question, whether Wool includeth Cloth. - Never any Law did it, but by a Metaphor. If I have Cloth, and Wool; by giving all my Wool, my Cloth passeth not. Above 30 Laws mention Wool, but include not Cloth. - 6 H. VIII. - Coloured Wool extendeth not to coloured Cloth. Exportation of Wool made Felony now. -

2ly, The Context. All, that are not English, which carry out Cloth, pay by this Act of Tonage. They except Four Particulars, whereof Wool One : The Charge only of Three. - Apples, and Cyder; Grapes, and Wine. -

12 Ed. I. Tit. "Grants." Fitzh. -

3ly. This hath ever been thus construed. In several Ages 40s. upon a Sack of Wool paid. 29 Ed. III. 40s. upon a Sack of Wool at that Time. The Customer's Accounts, being searched, and Commission, 30o Ed. III. he answered 40 s. for every Sack of Wool, and for every sised Cloth 14d. -

5o R. II. 2o H. V. the Customer Commission command them to take, upon every Sack of Wool, 43 s. 4d. which was a Subsidy then granted; and but 14d. for a sised Cloth. -

3o H. V. a Subsidy of 40 s. per Cloth granted to H. V. during his Life. -

That there were ancient Customs at the Common Law. - The 14d. upon a Cloth set by common Consent. - 37o Ed. III. 14d. upon a Cloth paid, by a new Ordinance, reciting, that there was nothing due for Cloth before. -

Stat. 11 H. IV. appointeth Custom for Garments made of Cloth. - A Judgment in the Exchequer Chamber, for Cloth made of Cornish Wools. -

For the Objections; 1. That this was declared to be a Law in Queen Marye's Time, and hath been continued ever sithence; for no Medium between 14d. and 10s, -

4 and 5o Ph. and Mar. set down, that 6s. 8d. the old Custom for Wool, and the new Subsidy 33s. 4d. and 14d. for a Cloth; and thereupon the State set 10s. upon a Cloth, to proportion between the Wool and Cloth. The Loss of Calice, then presently before, might be the Cause thereof; because there could no Wools be then transported to Calice, the only Staple then. -

There is a Subsidy of Alnage upon every Cloth, by the Statute of . . Ed. III. -

For the Use of the Exchequer, for seizing; that was only for shipping, without Paying of Subsidies or Customs; and the Seizure, for not Paying of Custom, lawful.

Sir Edw. Coke: - That this not in the Statute of Tonage and Poundage. - Praeteritur, quod debitum est. -

No certain Custom at the Common Law; but incertainly granted by Parliament to the Kings temporarily. -

That the first Exception of Cloth was 31 H. VI. for Six Reasons; and hath ever sithence been excepted. -

Stat. 11o H. IV. c. 7. Cloth turned into Garments, paid no Subsidy; because into a new Manufacture. -

27 Ed. III. Rot. 4. inter original, in Scaccario. -

14o Eliz. -

Mich. 3 and 4o Eliz. resolved in l' Exchequer, Kerseys deins l' Stat. 27 Ed. III. -

Hilarii, 3o Jac. the Resolution of all the Judges, concerning the Alnage, that all new Drapery, made wholly of Wool, are to yield Subsidy and Alnage, by the Statute 27o Ed. III. but for Fustians, Canvas, &c. mixt with Wool, are free : So Norwich Worsteads: - Nor for Stockings. This entered in the Council Book.

Sir Ro. Phillippes: - If none will speak against this, then to put it to the Question; and, whether not a Grievance.

Mr. Noy: - To respite this Resolution now.

Mr. Glanvyle, accordant: - And to set a Time for this.

Saturday, peremptorily, appointed for a final Resolution herein, except any shall speak for this.

Butter, &c.

Mr. Woodward reporteth the Bill concerning Butter and Cheese, with a Proviso, and Amendments; which twice read. - Engrossetur.

Clerk of the Market.

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

Privilege.

A Warrant from the Speaker, for a Writ of Privilege, to bring up Andrew Bates, Servant to Mr. Rich. Godfrey, of this House, in Execution with the Sheriff of Kent, at the Suit of one Hunt.