Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015.
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TUESDAY, 27 APRIL 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/14
[CJ 691; f. 13]
Martis, 270 Aprilis, 220 Jacobi
Sir William Bulstrode and Sir Guy Palmes added to the committee of Sir Edward Fisher.
L. 2a. [Blank]
Upon the first question, not to be committed.
Upon the second question, to be engrossed.
L. 2a. An act for the naturalization of Mrs. [Jane] Murray and William Murray, esq.
Upon question, not to be committed but reserved for a 3rd reading.
L. 2a. An act for naturalization of Dr. [John] Young.
Mr. [Philip] Jacobson's bill reported by SIR J[AMES] PERROT without any amendments.
An act for the altering, etc./
Thursday afternoon, 2 of the clock, Court of Wards.
L. 3a. [Blank]
Upon question, passed.
MR. [JOHN] SELDEN reports Mr. [Carew] Ralegh's bill, with amendments, which twice read.
L. 2a. [Blank]
Thursday, Court of Wards, 2 [o']clock.
MR. [WILLIAM] NOYE reports from the committee for repeal of statutes.
Oxford bill, with amendments.
Act against exportation of wool, etc.
Act for avoiding suits against officers.
Act against usury.
Act for establishing 3 lecturers.
Act for knives, etc. in Hallamshire.
Lord Wentworth and his tenants' bill.
Bill for naturalization of [Sir Robert] Anstruther, etc.
[Mr. John] Mohun's bill.
Sent up to the Lords by Mr. Comptroller.
A proviso about wine twice read, and agreed to be added to the bill.
The bill twice read.
MR. [EDWARD] SPENCER tenders a proviso for repeal of a statute of 33 H. 8 and divers other statutes tempore H. 8, concerning transportation of cloths undressed, which twice read.
Much dispute about this proviso.
SIR EDWARD WARDOUR. That licences granted and sums of money exacted for the licences upon the statute for not eating of flesh, 50 Eliz. Both these to be considered of by the committee, viz. to Mr. [Edward] Spencer, and this.
MR. [blank] moves an addition against corrupt salt.
The bill recommitted, this afternoon, about these 2 particulars.
[f. 14] The bill for monopolies. This afternoon, 2 [o']clock, Star Chamber.
Bill of subsidy. Thursday in the afternoon.
The presentment of the recusants in several shires read, whereof some respited for a day or 2 to be perfected.
SIR ROBERT PHELIPS. To proceed now to the King with this, with the Lords, to remove these returned out of office.
SIR ROBERT PYE. That any Lords that will give satisfaction to this House concerning their religion/
MR. [HUGH] CHOLMLEY. That Lord Scrope will satisfy this House, and receive the communion, at what day so ever shall be prefixed.
SIR THOMAS WENTWORTH. That the committee may have power to send for any (except Lords) to satisfy themselves concerning them.
Thursday, 2 [o']clock, Star Chamber.
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 775; f. 166]
Martis, 27 Aprilis
Sir William Bulstrode, Sir Guy Palmes added to the committee of Sir Edward Fisher's bill.
L. 2. An act for the erecting of a free grammar school and house of correction in the county of Lincoln.
L. 2. An act for naturalizing of Jane Murray and William Murray.
L. 2. An act for naturalizing of John Young, doctor of divinity.
SIR JAMES PERROT reports [Philip] Jacobson's bill, without any amendments.
L. 2. Sir John Rivers's bill.
[f. 166v] Mr. Solicitor
Sir Henry Poole
Knights, burgesses, Kent, Surrey and Sussex.
Thursday afternoon, 2 of the clock, Court of Wards.
L. 3. An act for establishing of some manors and lands in the several counties of Cornwall, Devon and Dorset, upon John Mohun, esquire, son and heir apparent of Sir Reginald Mohun, kt. and baronet, accord- [CJ 776] ing to the true intent and meaning of certain agreements between them had and made.
MR. [JOHN] SELDEN reports Mr. [Carew] Ralegh's bill. The amendments twice read.
MR. SOLICITOR. To have a proviso for Sherborne Castle.
Ordered, to be engrossed.
L. 2. Edward Egerton's bill.
Thursday, Court of Wards, 2 [o']clock.
MR. [WILLIAM] NOYE reports the bill of continuance of statutes. Amendments twice read.
Mr. Comptroller sent up to the Lords with 9 bills, public and private.
Upon question, the bill of statutes recommitted to a committee of the whole House this afternoon. And to take into consideration the repealing of the statutes [blank] and licences for eating of flesh.
The bill of subsidy. Thursday afternoon.
SIR THOMAS HOBY remembers the order for presenting recusants.
Bedford. MR. [OLIVER] ST. JOHN. None known or suspected in that shire.
Buckingham. SIR THOMAS DENTON presents one, Lord Windsor.
Berkshire. SIR RICHARD HARRISON. Find no recusants in that shire in any office.
Cornwall. MR. [WILLIAM] CORYTON. None in office in that shire. Presents one whose wife is a recusant, Sir William Wrey.
[f. 167v] Cumberland. SIR GEORGE DALSTON. Not any there in office, but a knight whose lady suspected, Sir Thomas Lamplugh.
Cambridgeshire. SIR EDWARD PEYTON. Not any in that county.
Chester. MR. [WILLIAM] BOOTH presents Sir Hugh Beeston and Sir William Massey.
Derby. [WILLIAM] LORD CAVENDISH. None there.
Devon. MR. [JOHN] DRAKE presents Sir William Courtenay.
Dorset. SIR WALTER EARLE. One only a recusant, Lord Castlehaven.
Essex. SIR FRANCIS BARRINGTON presents Viscount Colchester, Lord Petre, Mr. Thomas Petre, Sir Thomas Wiseman.
Durham. SIR THOMAS SAVILE presents Earl of Worcester, Lord Scrope, Lord Eure, Sir Thomas Riddell, Sir Ralph Conyers.
SIR THOMAS BELASYSE says he knows that within these 2 years Lord Scrope and all his family received. Christmas was 2 years.
Yorkshire. SIR THOMAS SAVILE presents Earl of Worcester, Archbishop of York, whose son a popish recusant, Lord Scrope, Earl of Rutland, Lord Eure, Sir Marmaduke Wyvell.
Gloucester. SIR THOMAS ESTCOURT presents Sir Thomas Somerset, Benedict Hall.
[f. 168] Huntingdon. SIR OLIVER CROMWELL. None.
Hertford. SIR CHARLES MORRISON. None.
Hereford. SIR ROBERT HARLEY presents none. To see the commissions and present tomorrow morning.
Kent. SIR EDWIN SANDYS. Have not yet met. Desires to have a time when they may meet.
To make the presentment. Presently to meet in the Committee Chamber and do it.
Lincoln. SIR THOMAS GRANTHAM presents Earl of Rutland, Sir Francis Medcalfe and Anthony Thorold.
Leicester. SIR THOMAS HESILRIGE presents Earl of Rutland.
Lancaster. SIR JOHN RADCLIFFE presents Lord Morley, Sir Thomas Gerrard, Sir William Norris, Sir Gilbert Ireland, James Anderton, Richard Sherborne, John Fleming.
Middlesex. MR. COMPTROLLER. To do it tomorrow morning.
London. SIR THOMAS MYDDELTON. None.
Monmouth. SIR WILLIAM MORGAN. Sir Charles Jones, William Jones, Edward Morgan.
Northampton. SIR WILLIAM SPENCER presents Earl of Rutland, Sir Thomas Brudenell.
[f. 168v] Nottingham. MR. [ROBERT] SUTTON presents Sir George Parkins, Mr. Robert Pier[re]pont, Mr. Fulke Cartwright.
Norfolk. SIR JOHN CORBET presents Sir Anthony Browne, Sir Henry Kerville, Sir Philip Knyvet, Sir Henry Bedingfield, Sir John Tasburgh.
To mend the certificate. Those that are in commission though not resident.
Northumberland. SIR JOHN FENWICK presents Sir Thomas Riddell, Sir William Selby, Mr. Cuthbert Heron, Mr. Thomas Riddell, Mr. William Jenison.
Oxford. SIR WILLIAM COPE presents/
Rutland. SIR WILLIAM BULSTRODE presents Sir Henry Mynne.
Surrey. SIR ROBERT MORE presents Sir Francis Howard, Sir Nicholas Saunders.
Stafford. SIR EDWARD LITTLETON presents Sir William Powell.
Shropshire. SIR RICHARD NEWPORT presents Sir Francis Lacon, Thomas Ottley, Richard Gibbons.
Hampshire. SIR DANIEL NORTON. Sir Richard Tichborne, Sir John Hall, Sir John Philpot.
Suffolk. SIR WILLIAM SPRING presents Sir John Tasburgh, Thomas Rockell.
[f. 169] Somerset. SIR ROBERT PHELIPS. Not any in the county that bear office. To see the commission.
Sussex. Time until Thursday.
Westmoreland. MR. [JOHN] LOWTHER presents none.
Worcester. SIR WALTER DEVEREUX presents Lord Windsor, Sir Thomas Russell.
Warwick. SIR THOMAS LUCY. None but Lord Windsor. To look upon the commission.
City of Coventry. SIR EDWARD COKE. None.
Anglesey. MR. [CHARLES] JONES. None. Lord but [sic] President justly suspected.
Breconshire. ATTORNEY WARDS presents Sir William Aubrey, William Winter.
Cardigan. MR. [ROWLAND] PUGH. None.
Carmarthen. MR. [Blank]. None.
[f. 169v] Denbigh. SIR EUBULE THELWALL. None.
Flint. Sir John Conway.
Glamorgan. SIR ROBERT MANSELL. None.
Pembroke. SIR JAMES PERROT. His own wife a recusant.
Montgomery. SIR WILLIAM HERBERT. His own wife an obstinate papist.
Radnor. MR. CHARLES PRICE. None.
SIR ROBERT PHELIPS. To fall now to some resolution. Many things fit to be considered. First, how to present this unto the King, with the Lords, that these men may be removed. To have a select committee to consider of these certificates and to consider of a frame and manner of presenting this, and to consider likewise what to do.
MR. [HUGH] CHOLMLEY. Lord Scrope ready to receive. The reason why he has forborn this long not any scruple of conscience.
SIR THOMAS WENTWORTH. To have the committee have power to send to such persons as they think fit to give them satisfaction.
The letter offered by Sir Robert More to be referred to this committee.
Thursday, 2 [o']clock, Star Chamber. To consider of these certificates.
III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Martis, 27 Aprilis 1624
1. L. Bill pur erection de hospittall et free schoole.
2. L. Bill pur Sir John Rivers de vendre terres.
Sur question, committe. Les chivaliers et burgesses de Kente, Surrie et Sussexe del committee. Tomorrowe in the starre chamber.
3. L. Bill pur [Mr.] John Mohun de vendre terres.
Sur queston, passe pur ley.
Bill reporte par MR. [JOHN] SELDEN pur restitucon en sangre de Carew Ralegh.
Sur question, deste engrosse.
Bill pur reverser 2x decrees in Chancerye pur [Edward] Egerton.
Sur queston, committe.
Reporte de MR. [WILLIAM] NOYE pur repeele et contynewance de statutes.
Sur question, puis longe debate, recommitte.
Retorne del countyes pur recusants.
SIR ROBERT PHELIPS move par parfiter ceux choses par conference ove les signours pur present eux al Roye.
IV. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Mardi, 270 Aprilis 1624
An act for the perfecting and confirming of assurances and conveyances made between Sir Reginald Mohun and his son concerning lands in Devon and Cornwall. 3. L.
This bill is now passed this House and sent up with divers other bills to the Lords, viz. the bill against usury, another to ease justices of peace in pleading, and another against exportation of wool, etc. r. p.
Concerning the bill of repeal, it was not thought fit that the statutes concerning badges and liveries and retainers should be repealed because (as SIR EDWARD COKE said) that he found whilst he was a judge that the badge or livery of a justice of peace or great man did sway much with jurors when they were either to inquire of any misdemeanours or to give up their verdict in any business, and so was a great hindrance of justice; and also the badges and liveries of great men do [f. 179] discourage and daunt a constable or other like officer from the punishing of any such and from the execution of their office and duty on such persons, and so hinders also the good government of the country and is also cause of maintenance, which is the greatest enemy to justice.
Bill of continuance and repeal of statutes is recommitted to sit this afternoon, the whole House.
Concerning such recusants as bear any office of charge in any county:
MR. [OLIVER] ST. JOHN, knight of Bedfordshire, says that in the county of Bedford there is no noted or suspected recusant that there bears any office or place of charge or trust.
SIR THOMAS DENTON, for Buckinghamshire, certified that the Lord Windsor, being a justice of peace, by common fame is a popish recusant.
SIR RICHARD HARRIS[ON] says that in the county of Berkshire there is no papists that is/
MR. [WILLIAM] CORYTON says for Cornwall that the wife of Sir William Wrey, kt., a deputy lieutenant, is a suspected recusant.
SIR GEORGE DALSTON, for Cumberlandshire [sic], says that there is no papists but the Lady of Sir Thomas Lamplugh.
SIR EDWARD PEYTON. That in Cambridgeshire there is no papists.
[f. 179v] The county and city of Chester says that there is papists only Sir Hugh Beeston, Sir William Massey, Sir Thomas Savage, whose wives are reputed recusants, and Sir Thomas Savage is suspected to be a non-communicant.
[WILLIAM] LORD CAVENDISH says there is none in Derbyshire.
MR. [JOHN] DRAKE. That in Devonshire there is only Sir William Courtenay, kt., vice-warden of the Stannaries.
SIR WALTER EARLE. That in Dorset there is only the Earl of Castlehaven.
Comitatus Durham. SIR THOMAS SAVILE says there are papists in office the Earl of Worcester and his eldest son; and the Lord Eure, a convict papist. The Lord Scrope, in Yorkshire, is a non-communicant, Lord Eure a convicted papists [sic], Sir Thomas Riddell's wife a papist.
Comitatus Essex. The Lord Viscount Colchester, Lord Petre's wife and family, Sir [sic] Thomas Petre, Sir Thomas Wiseman, Sir Richard Weston, for that his wife is a papists [sic].
Comitatus York et comitatus civitatis. The Earl of Worcester and his eldest son; Sir Tobie Matthew, and is chancellor of that county; Lord Scrope a non-communicant; Earl Rutland and his wife; Lord Eure and his brother [sic]; [f. 180] Sir Marmaduke Wyvell's wife popish.
Comitatus Gloucester. Sir Thomas Somerset, Mr. Benedict Hall, a receiver, both suspected papists.
Comitatus Hertford. No papists.
Comitatus Hereford. Present the Lord Wallingford, for that his wife is a suspected papists [sic], and Sir John Townshend.
Comitatus Kanciae. There is presented the Lord Wotton and his Lady, but the Lord Wotton has of late said his infirmity is the cause of that he has not repaired to the church; the Lord Teynham and his Lady.
Comitatus Lincoln. By report, Francis, Earl of Rutland, Anthony Thorold and Sir Francis Medcalfe.
Comitatus Leicester. Present Earl of Rutland.
Comitatus Lancashire. Present Lord Morley, Sir Thomas Gerrard, Sir William Norris, Sir Gilbert Ireland and Sir [sic] [Blank] Fleming; James Anderton, esq., his wife a papist; Richard Sherborne, armiger, and John/
Comitatus Middlesex. Presented Sir Lewis Lewknor, the wife of Sir Thomas Penruddock, Mr. Valentine Saunders and William Crosse.
Civitatas London. None.
[f. 180v] Comitatus Monmouth. Charles Jones, kt., his wife; William Jones, Edward Morgan, George Milborne: all these go to church but their wives are papists. That papists are there very insolent.
Comitatus Northampton. Earl [of] Rutland, Sir Thomas Brudenell.
Comitatus Nottingham. Sir George Parkins, [blank] Pierrepont and [blank] Cartwright their wives.
Comitatus Norfolk. None convicted but Sir Francis Howard, kt., Sir Anthony Browne, Sir William [sic] Kerville, kt., Sir Philip Knyvet, [blank] Peniston [sic], [blank] Tasburgh and Anthony Hobart, armiger, their wives are all suspected.
Comitatus Northumberland. Present Sir Thomas Riddell, Sir William Selby, Henry [sic] Riddell.
Comitatus Oxford. Sir Francis Stonor.
Comitatus Rutland. Present Sir Henry Mynne, knight.
Comitatus Surrey. Present Sir Francis Howard, suspected and does [f. 181] offer to clear himself, and Sir Nicholas Saunders's wife.
Comitatus Stafford. Present Sir William Powell and his Lady, non-communicants.
Comitatus Salopiae. Present not the Lord Northampton because he did receive Easter was twelve month. And they present Sir Francis Lacon; Thomas Ottley, armiger, and Richard Gibbons, gent., their 2 wives.
Comitatus Southampton. Present Sir Richard Tichborne's wife and his children, and that there is a suspected priests [sic]. Sir John Philpot and his wife are papists and Sir John Hall's wife and her daughters.
Comitatus Suffolk. Sir John Tasburgh and [sic] his wife, Sir [sic] Thomas Rockell's son.
Comitatus Somerset. Desire time.
Comitatus Bristol. No papists.
Comitatus Sussex. The Earl Arundel and his Lady suspected but they come both to church, and Sir Edward Fraunceys, Mr. [John] Thecher, Sir John Gage, and Mr. [sic] Shelley.
Comitatus Chichester. Desires like time.
Comitatus Westmorland. None.
Comitatus Wilts. None but the Lord Castlehaven, who is suspected.
Comitatus Worcester. Present Lord Windsor, Sir Thomas Russell.
[f. 181v] Comitatus Warwick. Presented Lord Morley, Lord Windsor, Earl Worcester, [Earl of] Rutland, Sir Thomas Compton, kt., the Countess of Buckingham, Earl Northampton suspected. Viscount Purbeck is spared because he is now a communicant and has been so these 3 quarters of a year.
Comitatus Coventry. None.
Comitatus Anglesey. Present the Lord President of Wales to be justly suspected, and his Lordship's daughter is married to the Earl of Clanricarde's son.
Comitatus Breconshire. Present William Winter, kt. [sic], Sir William Aubrey and his wife.
Comitatus Cardigan. None.
Comitatus Carmarthen. Present Jane Williams uxor Rice Williams, armiger.
Comitatus Caernarvon. Present none.
Comitatus Denbigh. None.
Comitatus Flint. Present Sir John Conway's wife.
Comitatus Glamorgan. None.
Comitatus Merioneth. None.
Comitatus Pembroke. SIR JAMES PERROT says his wife is a non-communicant.
Comitatus Montgomery. SIR WILLIAM HERBERT says his own wife is an obstinate papist and so will be in spite of my nose, but he will never be overruled by her.
[f. 182] Comitatus Radnor. None.
SIR ROBERT PHELIPS desires that the care that has been taken to present these names may not be fruitless. That is, has been a great grief to the people to see these papists preferred to such high places in the country. Would have this presented to the King, and to pray the Lords to join with us in a petition that these papists may be removed out of such places of trust. That a committee might be appointed to consider what is best to be petitioned in this kind.
Ordered, that a select committee shall consider of a petition for remedy of this grievance of having papists to bear office of charge and trust in the several counties and shall send for any that they will. The first knight of every shire is to be of this committee.
V. DIARY OF SIR THOMAS HOLLAND, BODL., MS RAWL. D1,100
27 April, Tuesday
Second read, engrossing. [Thomas] Middlecott's bill for erecting a free school and house of correction and relieving x persons in Lincolnshire.
Second read. An act for naturalizing Jane Murray.
Second read. An act for naturalizing Dean Young.
Third read, passed. An act for establishing lands in Cornwall, Devon and Dorset upon [Mr.] John Mohun by Sir Edward [sic] Mohun.
Engrossing. [MR. JOHN] SELDEN reports the bill for the naturalizing Carew Ralegh, the son of Sir Walter Ralegh.
Second read, committed, Thursday, [Court of] Wards. An act to reverse t[w]o several decrees made for Sir Roland Egerton against Edward Egerton.
Second read, committed. An act for making Potter's land, which was gavelkind, freehold.
[f. 51v] 50 [sic] bills passed.
[MR. WILLIAM] NOYE. Report, continuances.
The bill of continuance of statutes is recommitted this afternoon about the proviso given in by MR. [EDWARD] SPENCER concerning cloth, and the 50 Eliz. for eating of flesh.
The bill of monopolies is to be set upon this afternoon.
For the certificates:
[MR. OLIVER] ST. JOHN. In Bedfordshire there is no recusants nor any suspected popish persons.
Buckingham. SIR THOMAS DENTON. Lord Windsor, by common fame, a popish recusant.
Berkshire. [SIR RICHARD] HARRISON. No recusants within the shire, neither suspected.
Cornwall. [MR. WILLIAM] CORYTON. Sir William Wrey, kt., a deputy lieutenant, his wife a recusant.
Cumberland. [SIR GEORGE] DALSTON. Sir Thomas Lamplugh's Lady is suspected.
[f. 52] Cambridge. [SIR EDWARD] PEYTON. No recusant nor suspected.
Chester. [MR. WILLIAM] BOOTH. Sir Hugh Beeston, Sir William Massey, their wives recusants.
Devon. [MR. JOHN] DRAKE. Sir William Courtenay, a colonel, a recusant.
Durham. [SIR THOMAS] SAVILE. The Earl Worcester, the Lord Scrope has not received. Lord Eure, Sir Thomas Riddell, Sir Ralph Conyers, a deputy lieutenant.
Essex. [SIR FRANCIS] BARRINGTON. Viscount Colchester, Lord Petre, Mr. Thomas Petre, Sir Thomas Wiseman, captain of a band.
[f. 52v] York. The Earl of Worcester's son, the Lord Archbishop of York's son a recusant, and the Lord Scrope. Lord Eure, Sir Marmaduke Wyvell.
Gloucester. Sir Thomas Somerset, Benedict Hall.
Huntingdon. There is no recusant[s].
Hereford. [SIR ROBERT] HARLEY. None that bear charge.
Kent. [SIR EDWIN] SANDYS. Desires respite.
Lincoln. Earl of Rutland, [Sir Francis] Medcalfe.
[f. 53] Lancashire. SIR JO[HN RADCLIFFE]. H[enry], Lord Morley, Sir [sic] Jo[blank], [James] Anderton, Richard Sherborne.
Middlesex. A further time.
Monmouth. Sir Charles/
Northamptonshire. Earl of Rutland, Sir Thomas Brudenell.
Nottingham. None. 3 whose wives are recusants.
[f. 53v] Kent. [SIR EDWIN] SANDYS. Lord Wotton and Lady, Lord Teynham which is captain [sic].
Sussex. [ALGERNON, LORD] PERCY. That some of the servants of the Earl of Arundel goes not to church. Sir Edward Fraunceys's Lady goes not to church, and 3 commissioners of sewers absolute papists.
[f. 54] [SIR ROBERT] PHELIPS moves the pursuing the end of this day's work, that is, to appoint, select a committee that those that gravely and seriously to be considered may in such a manner be framed that it may be transmitted to the Lords and from thence be commended to the King that such may be put from their charge public.
[SIR THOMAS] WENTWORTH moves that the committee may have power to send for any that can further this business.
It is so ordered. A committee is appointed on Thursday to consider of the return made this day of the certificates made of the convicted recusants or justly suspected persons; of such as dwell upon or near seacoasts, Friday, Star Chamber.
VI. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2
The bill of continuances etc.
1 R. 2.
[SIR HENRY] POOLE would have the statute of liveries repealed because [?have] in tumultuous times. Now more need that law should be made to compel men to retain more servants.
[f. 99v] [MR. WILLIAM] NOYE. The laws concerning liveries are 13 in number. There be many things in those statutes necessary mixed with things not necessary. So in the statute touching highways, many things that destroy highways. But dangerous to repeal all. Moves that [?one] [illegible] law may first be made that may know where we are.
[SIR EDWARD] COKE. Queen Eliz. in 5 proclamations commanded these laws to be put in [?execution]. The repeal of these laws would be a great hindrance to justice; the badge of the sleeve would terrify [?jurors] and occasion of maintenance. Now [?4 words illegible] serves the turn etc. Yet agrees to [Mr. William] Noye's motion.
[MR. EDWARD] SPENCER. 33 H. 8 a statute dispensed with and laid 2s. 6d. on a cloth by reason thereof. 27 H. 8, 5 H. 8, 3 H. 7 inhibiting exportation of woollen cloths. A proviso was offered by him.
WENTWORTH would not have us so precipitate as to repeal laws before we have heard them read.
Ordered to be read.
[f. 100] In Turkey they do not dye and dress their cloths as they do in the Low Countries. In Germany they will not buy our cloths unless they may dye and dress them, as in Hamburg. Alderman Cockayne's project had a good [?meaning] but as things stand it was not possible. For [?the] Dutch will have their share [illegible] manufactures or else will not buy, and upon these laws was that project founded. The laws were very good but for the patent.
Dispensation before a fault is the same that a pardon after a fault, but both suppose a fault. And if the statute be faulty, why should it not be repealed? [Illegible] But because there be in those statutes many good things not subject to a dispensation, moved that a select committee may frame a proviso for continuance of the good parts.
By these laws it is prohibited to carry [f. 100v] out cloths of above £4 value, whereas now they are £6, time having altered the price.
A good law by dispensation may prove a burden to the commonwealth. And thereupon some laws of late have been made with a proviso that if any dispensation granted, then the law to be void. See [Sir Edward] Coke's case of penal laws.
Moved that the statute 5 Eliz. and in [?King's] time touching eating of flesh to be taken into consideration by reason of the licences.
The statute of continuances recommitted this afternoon of the whole House.
The knights and burgesses are to give now an account of their labours touching persons that are recusants or suspected having place of charge or trust.
Moved by [SIR THOMAS] HOBY that the Clerk should read [f. 101] all the shires, and so the presentments to be made. All to be presented that have authority though not inhabitant.
Thursday in the afternoon for bill of subsidies.
Buckingham, by Sir Thomas Denton. Lord Windsor by common fame recusant.
Cornwall. Sir William Wrey (by act of state) having wife a recusant though himself [?a good] Protestant.
Cumberland. Sir Thomas Lamplugh's Lady suspected.
Cheshire. Sir Hugh Beeston, Sir William Massey suspected.
Devon. Sir William Courtenay suspected.
[f. 101v] Dorset. Lord of Castlehaven suspected but lives not in that county.
Durham, to be presented by Yorkshire knights. Lord of Worcester's eldest son a recusant, Lord Scrope suspected, Sir Thomas Riddell's wife recusant, Sir Ralph Conyers's wife a recusant.
Essex. [?Illegible] Lord Colchester, Lord Petre, Sir [sic] Thomas Petre, Sir Thomas Wiseman.
York. Lord Worcester's eldest son recusant; Archbishop's eldest son recusant, has office; Lord Scrope; Lord of Rutland's wife recusant; Lord Eure; [f. 102] Sir Marmaduke Wyvell's wife recusant.
Gloucester. Sir Thomas Somerset reported to be recusant, Benedict Hall.
Hereford. None dwelling [?there]. Given [?until] tomorrow for [?their] [MS torn].
Kent. Time given until Thursday. Lord Wotton, Lord Teynham, [?Gilbert] [illegible].
Lincoln. Lord Rutland, Sir Francis Medcalfe, [Anthony] Thorold suspected.
Leicester. Lord of Rutland.
Lancashire. Lord Morley, Sir Thomas Gerrard, [Sir William] Norris, Sir [blank] Ireland, Mr. [James] Anderton, [blank] Sherborne, [John] Fleming.
Middlesex. Time to meet. Sir Lewis Lewknor, Lady Penruddock.
[f. 102v] Monmouth. Sir Charles Jones. William Jones, Edward Morgan George Milborne, their wives go not to church.
Northampton. Lord of Rutland, Sir Thomas Brudenell suspected.
Nottingham. Sir [blank] Parkins, [blank] Sir [blank] Pierrepont, Sir [blank] Cartwright suspected.
Norfolk. Sir Anthony Browne, Sir [blank] Kerville recusants. Pemberton [sic], Anthony Hobart['s] wife recusant.
Northumberland. Sir Thomas Riddell recusant. Sir [blank] Selby, [Cuthbert] Heron, [blank] Jenison, [their] wives recusants.
[f. 103] Oxfordshire. Sir Francis Stonor recusant.
Rutland. Sir Henry Mynne suspected.
Surrey. Sir Francis Howard, custos rotulorum, suspected, excused his absence for want of time. Sir Nicholas Saunders's wife suspected.
Staffordshire. Sir William Powell receives not the communion.
Shropshire. Lord President of the Marches not presented [?yet spoken] of because not communicated lately. Sir Francis Lacon. Thomas Ottley, esq., his wife recusant. Richard Gibbons's wife recusant.
Southampton. Sir Richard Tichborne's wife recusant. Sir John Hall, Sir John Philpot recusants.
[f. 103v] Suffolk. Sir John Tasburgh, Thomas Rockell.
Somerset. None that know; have not seen the commission. Therefore [?time] given.
Sussex. [?Time] given until Thursday. [?Lord] Arundel some of his servants [remainder of line illegible].
Westmorland. [?Illegible] none but Lords presented by Yorkshire knights.
Wiltshire. Lord of Castlehaven suspected.
Worcestershire. Lord Windsor, Sir Thomas Russell suspected.
Warwickshire. Lord President not suspected but our lieutenant. Lord Windsor.
Anglesey. Lord President suspected and his daughter married to Lord of Clanricarde's son.
Breconshire. Sir William Aubrey, [f. 104] William Winter, alderman.
Cardigan. Lord President, but not suspect him.
Carmarthen. Rice Williams's wife recusant.
Flint. Sir John Conway's wife recusant.
Pembroke. SIR JAMES PERROT presented none but his own wife not to have received this great while.
Montgomery. SIR WILLIAM HERBERT. My wife is an obstinate papist and so will be in [f. 104v] despite of my nose. Yet I am as good a Protestant as any in the House, and mean that she shall never overrule me in it.
[SIR ROBERT] PHELIPS moved that a committee to consider of this, [illegible] we may go to the Lords, [illegible] whom a complaint of our [?meddling therein stirred] up some heat but it was prudently laid. Satisfaction to [?illegible] given [?and] excuse to be made at the committee.
The committee to have authority to send for any, but not Lords, to clear themselves.
VII. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
April 270, 1624
The private bills were read and committed:
- 1. For alteration of some lands now held in kavelkind [sic] of Sir George Rivers.
- 2. For restitution in blood of Mr. [Carew] Ralegh.
- 3. For relief against divers fines and recoveries, 3 decrees in Chancery, 3 verdicts and 2 offices on behalf of [blank] Egerton.
MR. [WILLIAM] NOYE reported the bill of continuance and repeal of divers statutes, wherein these particulars were observed:
- 1. The statute 31 Eliz. for Lincoln to buy 10,000 tod of wool not renewed lest it should give occasion to transportation.
- 2. 39 of Eliz. to prevent the decaying of houses of husbandry discontinued for these reasons:
- 1. Because a new bill was depending.
- 2. It contained such a multiplicity of provisos as made it unprofitable.
- 3. That it had too great a retrospect to 10 Eliz., it being hard to prove what land belonged to houses at that time.
- 4. That profit was the best encouragement of husbandry.
- 3. In dissent that part of 5 Eliz. which concerned the transportation of corn, it was provided that it might be lawful to transport when the market did not exceed these prices, viz., wheat 32s., rye 20s., peas and beans 16s., barley and malt 16s., as also to buy and sell again in the same or other markets and to keep or carry from place to place.
During the report 8 [sic] engrossed bills were sent up to the Lords.
It was desired that it might be lawful to transport beer at all times because not the grain only but the labour was vented; the statute 30 Jac., which restrains to xvis. per quarter, was notwithstanding continued.
- 4. Divers exceptions were taken against 43 Eliz. for relief of the poor. A new law was appointed to be drawn; in the meantime this to stand, it being not fit to be without a law.
- 5. All statutes concerning the taking away of sanctuary are revived notwithstanding any words of repeal of any of those statutes made 10 Jac. or in this present act. It was declared that this taking away of sanctuary did not extend to the law against arresting men in the church or churchyard in the time of divine service.
- 6. 25 H. 8 for destroying of wildfowl, having been repealed 3 and 4 Ed. 6, and one other act 10 Mary for repairing of Sherborne Causey were revived, but only upon continuance until the end of the first session of the next Parliament.
- 7. Statutu de pistoribus wherein wine is appointed to be xiid. a sextern, that is 4 gallons; 24 H. 8 concerning sale of wines; part of 28 H. 8 touching the prices of wines; 7 Ed. 6 that clause that no taverner shall sell wine in his own house upon which the licences are founded, all agreed to be repealed.
- 8. Cornwall excepted out of the statute 32 H. 8 concerning the size of horses to be bred in commons.
SIR HENRY POOLE moved for the repeal of the statute [f. 81v] concerning liveries.
It was answered by MR. [WILLIAM] NOYE that there were 13 statutes concerning liveries. To repeal all would be inconvenient, to repeal some would not be effectual. Divers good things are contained in those statutes. They begin at 10 of R. 2, and the first ground was for the avoiding of maintenance and confederacies. It will be good to take time to make one good law and repeal the rest. The like in the statute concerning ships, some things are unprofitable, and others not, to be kept. And the like for highways.
MR. [EDWARD] SPENCER. To repeal the statute 33 H. 8, whereby the transportation of white cloths above such a price is prohibited. The dispensation of this law causes 2s. 8d. to be laid upon a cloth. And tendered a proviso ready drawn as well for the repeal of that law as that other statutes might be prevented from rising up by that repeal. And likewise to repeal 3 H. 7, 7 Ed. 4, 3 H. 8 concerning working cloths, shearmen, fullers and other artificers, and 27 H. 8, all which do restrain the carrying of white cloths.
It was replied that only the Merchant Adventurers are dispensed withal. That the companies of Muscovy, Turkey and Eastland do now transport a great number of cloths dyed and dressed, which if they be free from these laws they will not do. And the 2s. 8d. is paid only for those which are above 30,000, for so many they have free.
SIR EDWARD WARDOUR. That a new charge was exacted upon licences for eating of flesh, being granted by the Archbishop according to 5 Eliz. in the office of clerk of the faculty upon pretence of the tax instituted 25 H. 8 for such dispensations as were wont to be sued from Rome, which exaction was now countenanced by a decree in the Exchequer notwithstanding most of the lawyers were of an opinion that it was against law. Wherefore, desired that statute might be either explained or repealed in this bill.
MR. [JOHN] WYLDE. Somewhat to be added for prevention of the inconveniencies by bringing in unwholesome hops and selling of corrupt salt.
SIR WALTER EARLE. For 7 or 8 counties desiring to be excepted out of the statute for the size of horses in breeding upon commons, as Cornwall was.
The 2 points (concerning what cloths and licences) were admitted as fit reasons for a recommitment of the bill, and the committee to sit in the afternoon.
The knights and burgesses presented the names of all those who, being recusants or justly suspected, did bear any office of trust or government in the several counties of this kingdom. Time was given to any that would clear themselves before the[y] should be presented to the Lords.
VIII. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Tuesday, 27th of April
Buckinghamshire. Lord Windsor.
Cornwall. Sir William Wrey has his wife a recusant, but he is none.
Cumberland. Sir Thomas Lamplugh's wife is suspected but he not.
Cheshire. Sir Hugh Beeston, Sir William Massey's wife is a recusant.
Devon. Sir William Courtenay.
Dorset. The Earl of Castlehaven.
Durham. The Earl of Worcester, his wife and children, the Lord Scrope, the Lord Eure, Sir Thomas Riddell's wife a recusant, Sir Ralph Conyers in commission.
[f. 163v] Essex. Viscount Colchester, the Lord Petre, Sir [sic] Thomas Petre's wife, Sir Thomas Wiseman, junior, a captain.
Eboracum. Earl of Worcester, his son, etc.; Sir Tobie Matthew, the chancellor's place; the Lord Scrope; Earl of Rutland, his wife; the Lord Eure; Sir William Eure; Sir Marmaduke Wyvell's wife.
Gloucester. Sir Thomas Somerset, Benedict Hall, receiver of the duchy.
Herefordshire. None dwelling in the county, but etc.
Lincolnshire. The Earl of Rutland, [Sir] Francis Medcalfe and [blank] Thorold.
Leicester. The Earl of Rutland.
Lancashire. The Lord Morley, Sir Thomas Gerrard, Sir William Norris, Sir Gilbert Ireland. Justices: [James] Anderton, [Richard] Sherborne, Ireland [sic].
Monmouth. Sir Charles Jone[s]'s wife, William Jones's wife, Edward Morgan's wife, George Milborne's wife. 700 recusants.
Northamptonshire. The Earl of Rutland, Sir Thomas Brudenell.
Nottinghamshire. Sir George Parkins, Robert Pierrepont.
Norfolk. Sir Anthony Browne; Sir Henry Kerville, a captain; Sir Philip Knyvet; Sir Henry Bedingfield, Sir [blank] Tasburgh, [blank] Hobart, esq., their wives.
[f. 164] Northumberland. Sir Thomas Selby [sic], Sir William Selby, Cuthbert Heron, Mr. [William] Jenison of Newcastle.
Oxon. Sir Francis Stonor, deputy lieutenant.
Rutlandshire [sic]. Sir Henry Mynne suspected.
Surrey. Sir Francis Howard suspected, Sir Nicholas Saunders's wife popish.
Staffordshire. Sir William Powell suspected.
Shropshire. Sir Francis Lacon, Thomas Ottley's wife a recusant, Richard Gibbons's wife a recusant.
Southamptonshire [sic]. Sir Richard Tichborne's wife and children, a priest resorting there, Sir John Hall's wife a recusant, Sir John Philpot, a captain.
Suffolk. Sir John Tasburgh's wife a recusant, Mr. Thomas Rockell's eldest son.
Wiltshire. None. The Countess of Castlehaven dead.
Worcestershire. Lord Windsor, Sir Thomas Russell suspected.
Anglesey. The Earl of Northampton's daughter [married] to the Earl of Clanricarde's son.
Breconshire. Sir William Aubrey, William Winter.
Cardigan. No recusant in the county.
[f. 164v] Carmarthen. Rice Williams's wife.
Flintshire. Sir John Conway's wife.
Pembroke. None. SIR JAMES PERROT'S own wife non-communicant.
Mon[t]gomery. SIR WILLIAM HERBERT'S own wife.
SIR ROBERT PHELIPS. Fit to pursue, etc. The grace and favour shown to such persons. The end of this business is that this grief may be removed. A fit course to go by the Lords to the King to remove these from these places.
IX. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
April 270, Tuesday
An act for the settling of certain lands and establishing an agreement between Sir Edward [sic] Mohun, knight and baronet, and [Mr.] John Mohun his son. Passed.
Divers bills passed were sent up to the Lords, whereof 3 at the passage of which I had not been present:
- 1. An act to establish an agreement between the [f. 108v] Lord Wentworth and his tenants.
- 2. For the naturalizing of Sir Robert Anstruther, one Crane [sic] and others, etc.
- 3. For the due impleading of churchwardens, etc.
A large report from the committee of continuance and repeal of statutes. Among other things, wheat may be transported when it is at 32s. a quarter, rye at 20s., beans and peas at 16s., and barley and malt at 16s.
Upon a dispute of repealing those laws upon which the Earl of Cumberland's patent of dispensation was granted, the bill was recommitted.
A report and information from the knights and burgesses of every particular county of all papists in any charge or office of trust throughout the kingdom, both convicted and suspected, given in writing.
A motion that this information might not die but to petition his Majesty for the remove of them.
A select committee to consider of all particulars hereunto belonging.