Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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TUESDAY, 9 MARCH 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12
[CJ 680; f. 29v]
Martis, 90 Martii, 210 Jacobi
L. 1a. An act for confirmation of the foundation of the hospital of King James, founded in Charterhouse in the county of Middlesex, at the humble petition and only costs and charges of Thomas Sutton, esq., and of the possessions thereof.
L. 2a. An act for the confirmation of Wadham College in Oxford and the possessions thereof.
Tomorrow, 2 of the clock, in the Court of Wards.
L. 2a. An act for the reversing and making void a decree made in the Chancery and of all orders and injunctions thereupon had and made, against the master and fellows of Magdalene College in Cambridge and John Smyth, lessee, at the suit and prosecution of the right honourable Henry, Earl of Oxford, Thomas Wood and others, for an house and grounds without Aldgate, London, contrary to the statutes 130 Eliz. and 140 Eliz. and common law of the land.
[f. 30] SIR W[ALTER] EARLE. That Dr. [Barnaby] Gooch, Master of Magdalene College, and so a party, ought to withdraw.
Resolved, he may first speak and then withdraw.
DR. [BARNABY] GOOCH. This not a lease but an inheritance. The Queen here no benefit but tied, by a proviso, to pass it over to another, viz. Spinola.
CHANCELLOR OF THE DUCHY. [Blank]
Friday next, 2 o'clock, in the Exchequer Chamber.
L. 2a. An act/
Friday, 2 o'clock, Court of Wards.
[f. 30v] L. 2a. An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall.
MR. [JOHN] GLANVILLE. That this law appropriated only to the person of the Prince, not to the King, in time of vacation of a prince, or to succeeding princes. Now here there must be a perpetual estate or else the husbandry of that country will fail and the lands grow barren. To have this law made so, as leases may at all times be made good.
[Ex]chequer Chamber, 2 of the clock, tomorrow.
L. 2a. An act for the better securing of the subjects from wrongful imprisonment and deprivation of their trades and occupations contrary to the 29th chapter of the statute of Magna Carta.
SIR GEORGE MORE. Sometimes a commitment may be/
Everyone that will come to have voice. Star Chamber, tomorrow, 2 of the clock.
The Serjeant to send presently to bring Sir Thomas Gerrard here. The order drawn, subscribed by the Speaker and sent away presently.
MR. [JOHN] GLANVILLE reports from the committee for the bill of monopolies some 18 or 20 alterations now, 2 in the preamble, 1 in the time of the King's publication in print of his declaration of monopolies to be against the law, etc.
Moves, from the committee, that this may be engrossed with all speed, passed here and sent up with recommendation, as last time; and because the Lords, having rejected the bill there, desired a conference with this House about monopolies, that in the recommendation our particular proceedings might be touched to them, and that it might go alone.
Recommitted and to go presently into the Committee Chamber.
Answer returned by the Serjeant that Sir Thomas Gerrard has changed his lodging, and where he lay [sic] they either will not, or cannot, tell where he lies.
SIR ROBERT PHELIPS. That the Serjeant-at-Arms may search for him, attach and bring him here tomorrow morning.
L. 2a. An act for avoiding of vexatious delays caused by removing actions and suits out of inferior courts.
Friday next, 2 o'clock, Exchequer Chamber.
L. 2a. An act to prevent and punish the abuses in procuring and punishing process and supersedeas for the peace and good behaviour, etc.
MR. [EDWARD] WHITBY. That the provision of this bill may extend to the County Palatine of Chester, etc. and to that purpose may be committed.
SIR EDWARD COKE. That this bill passed both Houses as now. Not to clog it, but let him draw a new bill for the County Palatine. This bill the King gave life unto after the Parliament dissolved.
Upon the question of commitment the House divided, the desire of many being to have it engrossed, without committing. The yea went out.
Tellers for the yea: Sir George More
Sir Edwin Sandys
For the no: Sir Charles Montagu
Sir H[enry] Poole
The no: 128
The yea: 155
Thursday, Court of Wards, 2 o'clock.
Ordered, the committee for trade shall sit this afternoon and so every Tuesday.
[f. 32] MR. [JOHN] GLANVILLE reports from the committee which went up into the Committee Chamber, the bill of monopolies with very little alterations, which twice read.
Upon question, engrossetur with these amendments, and that with speed.
[CJ 681] SIR ROBERT PHELIPS moves for letters of privilege for Sir Thomas Thynne and his man.
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 731; f. 39]
Martis, 9 Martii
L. 1a. An act for confirmation of the foundation of the hospital of King James, founded in Charterhouse in the county of Middlesex, at the humble petition and only costs and charges of Thomas Sutton, esquire, and of the possessions thereof.
L. 2. An act for confirmation of Wadham College in Oxford and the possessions thereof.
Tomorrow, 2 o'clock, Court of Wards.
L. 2. An act for the reversing and making void a decree made in the Chancery and of all orders and injunctions thereupon had and made against the master and fellows of Magdalene College in Cambridge.
Friday, Exchequer Court.
|Sir Francis Barrington||Sir Miles Fleetwood|
|Sir Gilbert Gerard||Sir Francis Barnham|
|Sir William Herbert||Mr. Recorder|
|Sir Robert Harley|
|Mr. [Christopher] Brooke|
|Sir Robert Coke|
[f. 40] [Blank]
L. 2. An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall.
Tomorrow, 2 o'clock, Exchequer Chamber.
L. 2. Magna Carta.
|Sir Edward Coke||Mr. Treasurer|
|Sir William Fleetwood||Sir Edward Giles|
|Mr. [William] Coryton||Sir Gilbert Gerard|
|Sir George More||Mr. [Christopher] Brooke|
|Mr. [Edward] Alford||Mr. [John] Drake|
|Sir Henry Poole|
|Sir George Manners|
|Sir Peter Heyman|
[f. 40v] All that will come to have voice, Star Chamber, tomorrow, 2 o'clock.
The Serjeant to send his man presently for Sir Thomas Gerrard.
MR. [JOHN] GLANVILLE reports the bill of monopolies. 18 or 20 alterations in it. The amendments twice read. Recommitted. Presently, in the Committee Chamber.
Serjeant says that he has sent his man to Sir Thomas Gerrard's lodging. They say there he has changed his lodging and know not where he lies.
Ordered, that the Serjeant-at-Arms attending this House shall this afternoon find out and attach the body of Sir Thomas Gerrard to be here tomorrow morning.
L. 2. An act for avoiding of vexatious delays caused by removing actions and suits out of inferior courts.
Friday, 2 o'clock, Exchequer Chamber.
[f. 41] L. 2. An act to prevent and punish the abuses in procuring process and supersedeas for the peace.
The House divided upon question of the commitment.
|Sir George More||Sir Charles Montagu|
|Sir Edwin Sandys||Sir Henry Poole|
|For the yea||For the no|
|For the yea: 155||No: 128|
Thursday, Court of Wards, 2 o'clock.
Ordered, that the committee for trade shall sit every Tuesday in the House.
MR. [JOHN] GLANVILLE reports the bill of monopolies which was recommitted. Some little alteration[s] which were read and ordered to be engrossed speedily.
[f. 41v] SIR ROBERT PHELIPS. In behalf of Sir Thomas Thynne, who has a trial. To have letters to make stay of it.
Welsh cottons to be prepared.
III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Martis, 9 Martii, 1623
1. L. Bill pur confirmacon de [Thomas] Sutton's hospitall.
2. L. Bill pur confirmacion de Wadham College.
Sur question, committe, Thursday, 2 a clocke in [court de] gards.
2. L. Bill pur reversing decree in cancellarii versus Magdalene College in Cambridge.
Doctor [Barnaby] Gooch, master del college, moove de remover le Huise, mes fuit denie en regarde nest private cause mes concerne publike college.
Sur question, committee, Fridaye nexte in the [ex]checquer chamber.
2. L. Bill pur confirmacion de sale de terres fait par Sir Thomas Beaumont, chivalier et baronet.
Sur question, committe, Vendredis in [court de] gards.
2. L. Bill pur inabler le Prince de Gales de faire leasses de terre apperteignant al Duchy de Cornwall.
Sur question, committe, chivalier et burgesses de Cornwall, Mercurii in [ex]checquer camere.
2. L. Bill pur le amelieux securitie des subjectes d'imprisonment et use de lour trade accordante al Magna Carta cap. 29.
Sur question, committe, touts d'avoir voices, to/
Sir Thomas Gerrard warned and fait defalte et messenger mise pur luy par garrante.
[p. 188] MR. [JOHN] GLANVILLE. Fait report del bill de monopolies. In preamble recite declarcyon del Roy in anno 1619. 1610.
Le Sergeaunte del Huise retorne response pur Sir Thomas Gerrard que il ad remove son lodginge, et modo order que Sergeaunte-del-Armes sera mise pur luy et presse luy in charge et port luy al Huise tomorrowe morninge to receave son judgment car est equall honorable et commendable d'executer notre order come de faire eux.
2. L. Bill d'avoider vexacions et delayes in removante suites, accions, bills ou pleints hors d'inferior courtes.
Sur question, committe, Vendredis in [ex]checquer camere.
2. L. Bill pur prevent et punier les abuses in procuring briefs de supersedeas, certioraries et proces del paix et bon gesture.
Sur doble question le Huise divide. Les I went out and wonne out. Thursday court de gards. Order, que cest bill sera carie al seignours aloane ove speciall commendacon.
[p. 189] Post meridiem in le [ex]checquer camere, le committee de privileges
Mr. [John] Glanville in le chaire.
Primermente il calle les committess par lour nosmes, et move pur proceedinge in constant course come il intende par delivery des peticons al luy. Et le Recorder de London moove pur Winchelsea accordante al motion par luy fait in le Huise, et fait grande contestacion ove [Mr. John] Glanville pur cest, mes fuit appease et l'order del Huise que governe tout pur oier le cause de Sir Francis Popham in honor de son pier et issint fuit order.
In cest courte ore fait grande concourse de multitude de people, et le Tresorer, Sir Thomas Edmondes, and auters de bon ranke fuert in grande presse et move de remover le comittee al Huise, al quil fuit responde que la fuit committee pur trade and Sir Edwin Sandys in le chaire autrement il voet adjourne la. Sir Thomas Edmondes in grande passion dit al [Mr. John] Glanville, "The chaire has made you forget yourself", and autres parolls in grande scorne et disgrace al grande discontente de tout le committtee. [p. 190] Touts quix agree que le manner de cest sera reporte al Huise, et les parolls to be sette downe and to be reade and debated, but after the clearing of the roome it was sayed, and they proceeded with the busynes.
Then they proceede with Sir Francis Popham's busynes, and Mr. [John] Pym for Chippenham in Wiltshire. Agreede to be an auncyente borowe consystinge of a baylliffe and burgesses inhabytants but not incorporate before 1 Marie, then made by charter a corporacion to consyste of a baylliffe and 12 burgesses with a libertie to choose burgesses for Parliamente by the baylliffee and the 12 burgesses. That before, the elections were made by all the burgesses inhabytants, and for 2 Parlyamentes after in the lyke manner, but sythence by the baylife and 12 burgesses and the reste excluded. This retorne now made of Mr. [John] Pym and Charles Maynard of 7 burgesses; of Sir Francis Popham and Charles Maynard by 5 burgesses and the baylliffe and other inhabytants.
IV. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
Tuesday, the 9th of March
An act for confirmation of [Thomas] Sutton's hospital, called King James['s].
An act for confirmation of lands given to Wadham College. This was committed.
An act for confirmation of lands mortgaged by the last Earl of Oxford to Spinola, the merchant, and by him sold to Magdalene College in Cambridge.
SIR WALTER EARLE moved that Dr. [Barnaby] Gooch, being master of the college and therefore a party, might withdraw at the 2nd reading.
The RECORDER said he might, if he would, open the cause before he went.
SIR HUMPHREY MAY moved he might stay, the business not concerning his private interest but his politic interest as master of the house, and produced precedents to confirm this, as in businesses concerning London, Exeter and other places, the burgesses thereof did at the same time sit in the House.
An act for confirmation of lands sold by Sir Thomas Beaumont, Viscount Sword, to Sir Thomas Cheke.
An act to enable the Prince to make leases of his lands in the Duchy of Cornwall.
MR. [JOHN] GLANVILLE. 11 Edward the 3rd this duchy was erected. For want of the king's elder son, the duchy is in the crown, and as soon as the prince is king it returns to the prince. Therefore the prince could make no good estates.
SIR EDWARD COKE. The eye of the law never sees this inheritance, and no man because of this uncertainty will take leases.
MR. [JOHN] SAWLE. There are 2 kinds of duchy lands, the ancient duchy and the new duchy. For the ancient, they held it by custom, paying once in 7 one year's value; for the new, they held immediately by lease or tenants at will from the prince. Now the general act confounded both, took away their ancient tenure and would ruin infinite families.
This was committed to the knights and burgesses of Devonshire and Cornwall.
An act for the better securing of the subject from wrong imprisonment according to the 29th chapter of Magna Carta. This was committed and every man that comes to have voices.
It was ordered that a Serjeant-at-Arms should be sent for Sir Thomas Gerrard.
The House was divided in a bill against certioraries and supersedeas, wherein the yeas were to go out because they sought to innovate and were against the old orders of the House, yet the noes went out and were 152, [f. 95] the greater number by 30 [sic].
SIR BAPTIST HICKS complained they held out their noes so long as gave them a great advantage of the yeas.
V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
Private bills, 3 read.
The bill for false imprisonment contrary to statute of Magna Carta 29 for 10 days cause expressed in mittimus to be delivered party judge refusing upon habeas corpus refuse punish by Lords [sic]. Proviso, 6 councillors signify it state not to be revealed. All to have voice, Saturday, 2 o'clock, Court Wards.
A Serjeant-at-Arms sent for Sir Thomas Gerrard for his refusal and shifting to come, being charged as a recusant not willing to come to take his oath of allegiance.
Bill. No habeas corpus to be allowed where it is not delivered before issue or demurrer or written within a month of commitment thereof.
Bill. Supplicant for good behaviour above and peace, and supersedeas, certioraries.
VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Tuesday, 9 Martii 1623
An act for confirmation of the hospital of King James founded in Charter House at the only costs and charges of Thomas Sutton, esq. 1. L. r. p.
An act for confirmation of Wadham College in Oxonie and the possessions thereof. 2. L. Committed. At the third reading, this bill is passed our House. r. p.
An act for reversing and making void of a decree in Chancery and all [f. 59v] injunctions, orders and proceedings thereon made against Magdalene College in Cambridge and the master and fellows there at the suit of Henry, Earl of Oxford. 2. L.
SIR WALTER EARLE says that it is the order of the House that when any private bill is here read the second time, if there be any member of this House whom such bill concerns, that such party should withdraw himself during the debate of the House upon such a bill. But he may before he goes, if he will, speak to the bill and then he is presently to withdraw himself.
Hereupon, DR. [BARNABY] GOOCH, Master of Magdalene College in Cambridge, as soon as he had spoken to this bill, offered to withdraw himself while this bill was in debate.
But SIR HUMPHREY MAY said that it is the order that when a bill concerns his private estate, then the party used to withdraw himself, but when it concerns them in a more general manner that order holds not, for here have sit [sic] principal officers of the Merchants Adventurers of London when their charter and the misdemeanours that have been committed by that company have here been questioned.
Hereupon, it was the resolution of the House that Dr. [Barnaby] Gooch should and might stay in this House during the debate of this bill, which accordingly he did.
This bill is committed.
An act for confirmation of certain lands in the kingdom of Ireland, sold by Sir Thomas Beaumont, kt., Lord Viscount Beaumont and Dame Elizabeth, his wife, to Sir Thomas Cheke, kt. 2. L. Committed. r. p.
[f. 60] An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall. 2. L. r. p.
This bill passed both Houses last Parliament.
MR. [JOHN] GLANVILLE would have this bill not only to enable the Prince but that it should also enable the kings of this realm, in the vacancy of a Duke of Cornwall, to make the like leases.
SIR EDWARD COKE says that this land of the Duchy of Cornwall does decent still to the princes of this realm and this is by a statute and does not descend according to the common law of this realm. Would have this bill committed.
This bill is committed, and all the knights and burgesses of Devon and Cornwall to be of this committee, tomorrow in Exchequer Chamber.
An act for the better securing of the subjects from wrongful imprisonment and deprivation of their lawful trades and occupations contrary to the 29th chapter of Magna Carta. 2. L. Dormit Commons.
MR. [WILLIAM] CORYTON thinks this bill crosses the 14th chapter of Magna Carta. Would therefore have this bill committed.
This bill is committed, and all that will come to have voice, tomorrow, Star Chamber.
The Serjeant of the House says that according to the order yesterday, he left word at the lodging of Sir Thomas Gerrard (he being walked forth to take the air) that it was the pleasure of this House that he should attend here this morning to take the oaths of supremacy and allegiance.
Because Sir Thomas Gerrard came not to this House [f. 60v] according to this warning left by the Serjeant, it is ordered that the Serjeant-of-Arms of this House shall have a warrant and go presently and bring Sir Thomas Gerrard, kt., to this House. Which is performed accordingly.
The Serjeant of this House says that his man, according to the order of this House, repaired to Sir Thomas Gerrard's lodging, where he was told that he had removed his lodging and they knew not where he was.
SIR ROBERT PHELIPS. He delights not to move for the punishment of any, but now the honour of the House is engaged. He would have a Serjeant-at-Arms to make search through London for Sir Thomas Gerrard and attach his body and bring him here as a prisoner tomorrow morning.
It is accordingly ordered that the Serjeant-of-Arms shall make search for Sir Thomas Gerrard and attach his body and bring him here tomorrow morning.
An act for avoiding of vexatious delays caused by the removing of petty suits out of inferior courts. 2. L. This bill is committed, to sit Friday, in the Exchequer Chamber. r. p.
An act to prevent and punish the abuses in procuring process or supersedeas for the peace and good behaviour out [of] his Majesty's courts at Westminster and for the procuring of certioraries out of any of the said courts for the removing of indictments preferred before the judges of assize. 2. L. r. p.
MR. [EDWARD] ALFORD says that in some cases, there may be good cause to have such writs or process by reason of the insufficiency [f. 61] or malice of justices of peace, and he would [have] this bill committed and that it may be made a probationer.
This bill is committed.
[Afternoon,] committee of privileges, Tuesday, 9 Martii, 1623
To this committee sitting in the Exchequer Chamber Sir Thomas Edmondes, Treasurer of the King's Household, came, the chamber being full, and pressing Mr. [John] Glanville (who at this committee sat in the chair) that the committee might be adjourned to some other place, Mr. [John] Glanville and the committee were unwilling to remove. But the said Treasurer importuning still an adjournment, Mr. [John] Glanville said he was not of the committee and therein read over the names of all the committee, and then stoutly told the Treasurer that he had no voice nor was of the committee. Whereon Sir Thomas Edmondes said if he were out of the chair he would be less insolent, which words the whole committee took very ill to be offered to the disgrace of one placed in the chair for a business of Parliament, and with one voice resolved to have it set down in Mr. [John] Glanville's papers to be reported to the House, which Mr. Glanville accordingly set in his paper.
But about an hour after, Sir Thomas Edmondes, having retired himself and advised with his friends, came again into the committee and there made an apology, saying that he was much thronged and that caused him (thinking he had been one of that committee) to move for an adjournment to some larger place; and being slighted by Mr. [John] Glanville (a gentleman whom he has much respected and others can report as much to Mr. Glanville) he was very tender of it, having been long employed in public place by his Majesty, and that made him the more tender of a disrespect because he [f. 61v] would not his place should lose any of its dignity while he holds it. He is unwilling that the House should be troubled in the great affairs now there in hand and does desire that those words of his may die, being spoken hastily and on those occasions.
Hereon Mr. [John] Glanville desired to be excused if in his heat he had spoken anything that might be ill taken by the committee of Sir Thomas Edmondes, and that shortly after he had recalled himself he was sorry that he had spoken so much as he did.
And upon this discreet and submissive motion of Sir Thomas Edmondes and Mr. [John] Glanville, the committee resolved that no report of it should be made to the House but that it should all die.
VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Tuesday, the 9th of March
An act for better assurance of the lands of [Thomas] Sutton's hospital.
An act of the like for Wadham College in Oxford.
An act concerning some lands of Magdalene College in Cambridge.
Upon the second reading of this act, motion was made that Dr. [Barnaby] Gooch, master of the college, should depart the House while the bill was debated, being a party to the bill, and while the committee was named.
But SIR HUMPHREY MAY said he ought not, except that the bill did concern him in his particular, which it does not, but only concerns him in his politic capacity, as he is master, for else in a case of London, how can a Londoner sit in the House; and being it concerned him but in his politic capacity and not peculiar, he ought not depart.
This was allowed good and he stayed.
An act for confirmation of Sir Thomas Beaumont's land sold to Sir Thomas Cheke.
An act to enable the Prince to lease his lands of the Duchy of Cornwall.
MR. [JOHN] GLANVILLE desires that bill may be committed because it may receive amendment or enlargement not only that the Prince now may do it, but that in case the duchy revert into the crown (as it does when there is no prince) that yet there may be a power then to renew leases and make good estates in that kind.
An act to secure the subject from wrongful imprisonment according to Magna Carta. Committed.
Upon information that Sir Thomas Gerrard was yesterday abroad in the fields, he is sent for presently by the Serjeant's man.
[p. 95] MR. [JOHN] GLANVILLE reports the bill of monopolies, and moves it may be sent up to the Lords alone for the greater honour.
A message is returned that Sir Thomas Gerrard has changed his lodging and left no word where he is gone.
SIR ROBERT PHELIPS moves that the Serjeant-at-Arms may apprehend him and detain him as his prisoner until he be called for.
The Serjeant is commanded it.
An act for preventing writs of the peace and good behaviour together with supersedeas, etc., out of the courts of King's Bench, etc.
[Blank] moves that since bonum est sui diffusiundum it may be extended to the courts of King's Bench and Chancery in the County Palatine, the presidentship of York and for the Marches and government of Wales, etc., where the like inconveniences are.
MR. [EDWARD] ALFORD puts the House in mind that this bill passed the Upper House last with some difficulty, and wishes it may pass there again as they allowed it last, less being clogged with new additions it find at least more difficulty to pass, if not be wholly lost.
Others moved strongly to have these counties inserted as members of the body; some not (according to the proverb divide et impera), that if this first passed another bill would help them, and this were a fair leader, but if they pressed in together both would fail.
Upon this, the House was divided upon the question so evenly that the affirmative and negative voice could not be distinctly judged which was most, so as one part was to go out and the other remain to be polled. The difference was which should go out, but answer was made that in case of the passing a new law, all that were for it must go out as it were to bring it in, but here both parties being willing with the law, only the difference of the manner, the negative must go, [p. 96] and they did. And many gentlemen not marking the question but supposing they had risen to go to dinner went out, and some that meant to have gone away being without, but the outward door being shut, they were forced to return, and by that means the negative, which were to have the bill committed to put in the other counties, prevailed.
It was committed.
VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932
An act for confirmation of [Thomas] Sutton's hospital.
Second read. Committed. An act for Wadham College.
Second read. Committed. An act for Magdalene College in Cambridge.
Second read. Committed. An act for Sir Thomas Cheke.
Second read. Committed. An act to enable the Prince to make lease in Cornwall.
Second read. Committed. An act to secure the subject from wrongful imprisonment.
Second read. Committed. An act to avoid vexatious [delays] by removing suits out of inferior courts.
Second read. Committed. An act to prevent the abuses by certioraries.
IX. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2
If there be a bill concerning a member of this House, he must not be present after the second reading of the bill at the debate. But if he will speak he [?may before] he go out, and so it was [?moved in] [?3 words illegible] case. But
[?Bill] for securing the subject [illegible] wrongful imprisonment and deprivation of their trades and occupations contrary to Magna Carta chapter 29.
Order, that Sir Thomas Gerrard shall be brought [?3 words illegible] Serjeant for not coming, and this upon warning.
[f. 34] Report by [MR. JOHN] GLANVILLE of the bill of monopolies. In the preamble is a recital that [the] King had declared [?in] a bill in 1619 that the law is so [illegible] that many monopolies unduly obtained, whereas the body is chiefly against the [?erection] [illegible] [?some] they made [?both] [illegible]. In the body, the [illegible] added using to buying, selling [illegible]. The dominion of Wales was added though [illegible] in respect of [?the] union of both countries. To meet with agency, as those that in the King's name practice. They did put in any such matter.
A clause that [?should] not bear office in the commonwealth is omitted as dangerous because was no benefit to the parties grieved [f. 35] and [?could] not be dispensed with. The clause of praemunire to such as should endeavour or attempt the obtaining of a monopoly rejected, being the root which [illegible] this bill the last Parliament. Limited to the jurisdiction of the 2 high courts of Westminster because not [?fit] that inferior [?2 words illegible] have the judgement of the king's prerogative. [Illegible] begin [?from] [remainder of line illegible] [?2 words illegible] session [?because this] might be within the penalty before the law made. That not only injunctions [illegible] of law [?etc.,] but one imparlance [remainder of line illegible]. Orders of restraint should be prohibited. Praemunire [?put] to the end of bill that if any shall go about to stay any suit upon this bill incurs praemunire.
[f. 36] Proviso for printing of books because it has passed in privilege because of new inventions. This was one of the little [?rocks] the last Parliament. Psalms, psalters, primers, almanacs [illegible].
Speed prayed allowance of 2 provisos for himself, which admitted. Salt springs in Worcestershire remitted because no monopoly but matter of interest by customs, as grist at mill.
Moved from committee that may be speedily passed and sent up with special recommendation. It might occasion the Lords not to reject it without conference. To let the Lords understand that [we] have pursued the King's book in the penning of this law, that it is but declarative. [f. 37] And for the greater honour of the bill to send it up alone, containing indeed in it the fruit of many bills.
The reporter must carry up the bill with the amendments to the table, there stand by the clerk until they be read.
Moved by [MR. JOHN] GLANVILLE that whereas the bill is that no injunction shall be [?as] [illegible] that it may be that no injunction [?shall] be granted because an injunction is directed to the party not to [?court] as a prohibition is. And upon [?another] suit, not that depending at common law. So likewise of orders of restraint.
Order, that Sir Thomas Gerrard shall be searched for by the Serjeant and brought here tomorrow as a prisoner to receive his judgement.
[f. 38] Bill [to] avoid delays in removing actions from inferior courts. Second r[ead], committed.
[?No] habeas corpus before issue joined. A suit removed and [?recorded] not to be removed again [blank] provided that recorder, steward, etc., utter barrister. Moved that a recorder or steward resident [illegible] utter barrister. That may be a [?remove] where a failure of justice in inferior courts by [?failure] of justice as foreign plea etc. That provision for courts in County Palatine to remove to the supreme court there, that may be error and attaint [illegible].
Bill to prevent and punish abuses in procuring process of peace and good behaviour and supersedeas from courts of Westminster. And certiorari. To be granted only upon motion in open court and upon oath in writing.
[f. 39] [MR. EDWARD] WHITBY. This is a good bill. But bonum sui diffusivum, and thereof I desire that this bill may be of greater extent and latitude; would have it [?extend] and reach to every palatine.
[SIR EDWARD] COKE. The King gave life to this bill by his proclamation, so it is the practice now in King's Bench; but would not have this bill clogged. Let a [illegible] bill be for [?2 words illegible]. Let [?it pass] now as it [illegible] the last [illegible].
[MR. EDWARD] ALFORD. Would not [?have a] precedent made of this not to examine bills now that were passed the last Parliament. There be many members of the House now that were not then, and many acts pass one Parliament [?are] repealed the next. He would leave it out a probationer.
[MR. JOHN] SAWLE. It's no clogging to make it fit for the kingdom. A private bill will be less regarded in the county. But we have the [?2 words illegible]. [f. 40] It's not hard that those that fetch process of peace and behaviour hence shall find good sureties etc.
The House was divided upon the question whether this bill should be committed, and the yeas went out first, the Serjeant having first cleared the outer room, and the noes sat [illegible]. Though Mr. Recorder took a [illegible] when the yeas were for a new bill, there they must go out, but where for a commitment of a bill to be otherwise. But that [?2 words illegible] [?overruled].
The voices were taken by 2 yeas and 2 noes, ancient Parliament-men, who first numbered the noes sitting and then stood 2 and 2 on a side at the door and numbered the yeas [?as] they [illegible], and then went up to the table and made the report, which the Speaker reports to the House.
X. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
9 Martii 1623
An act for the confirmation of the hospital in Charterhouse of his Majesty's foundation at the charges of [blank] Sutton, esquire.
An act for confirmation of Wadham College.
An act for avoiding a decree in the Chancery against Magdalene College in Cambridge.
It was ordered that Dr. [Barnaby] Gooch, being a party in this bill not in his private interest but a public capacity, might be present at the debate.
An act for avoiding a fraudulent conveyance of Sir Thomas Beaumont and securing the sale of divers lands from him to Sir Thomas Cheke. Committed.
An act to enable the Prince of Wales and Duke of Cornwall to make leases.
[f. 23] MR. [JOHN] GLANVILLE. That the bill might extend to enable the King in time of vacation as well as the Prince. The limitation of these lands is special. When no prince is, they are the king's. As soon as there is a prince born, the title is in him. The land is of that nature that it must have a continual renewing by husbandry. In the Queen's time, it was conceived that grants from the crown were good, now otherwise judged, and it will turn to great prejudice if there be not a constant course to let leases.
An act for securing the subjects from wrongful imprisonment contrary to Magna Carta.
MR. [JOHN] GLANVILLE reported the bill of monopolies with 20 alterations. The most material were these: to make it extend to the dominion of Wales, to include warrants of assistance and agencies in the name of the King. The disability to bear office left out. The clause of praemunire moderated, which was before applied to endeavours and attempts. Referment to the common law explained to be intended of the 3 great courts, not of other petty courts. The bill not to take effect until 40 days after the end of the next sessions [sic] of Parliament. An addition to grant but one imparlance to avoid delay by perpetual imparlance. No order of restraint from the Council Table to be allowed. The clause of praemunire made to include as well those who [blank] such stay as the suitors. That in the provisos, that for printing was fitted to the content of the stationers; some motion had been made for other provisos which were not thought needful, as for Cambridge and the salt pits in Worcestershire. He concluded with the direction of the committee to desire that the bill might be sent up with recommendation:
- 1. Because it was so the last time when the Lords desired a conference after they had rejected it.
- 2. Because we have proceeded upon the ground of the King's book of instruction.
By occasion of this report, he observed the difference between a privilege, a prohibition and an injunction. Privilege was the act of the court and at common law; prohibitions and injunctions come from other courts, prohibition to the judge, injunction to the party.
An act for avoiding the delay caused by removing actions and suits from inferior courts.
Exceptions were taken to this bill as defective in these cases:
- 1. Where a release was pleaded bearing date out of the franchise, so as they could not proceed to trial or where there was a foreign voucher.
- 2. Of petty corporations in the Counties Palatine.
- 3. That it was so general as to exclude the subject from writs of error or attaint.
An act to prevent the abuses of process of supersedeas and the good behaviour.
After some small debate concerning the including of the Counties Palatine and [blank], it was committed.
XI. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Tuesday, the 9th of March
Bill for confirmation of the foundation of [Thomas] Sutton's hospital. First read.
Bill for confirmation of Wadham College. Second read. Committed, tomorrow, Court of Wards.
Bill for reversing a decree touching Magdalene College in Cambridge. Second read.
[f. 62v] My motion to have the orders of the House observed. Dr. [Barnaby] Gooch, that was master of that college, to withdraw himself, but first to be admitted to speak if he would.
Sir Thomas Cheke's bill. Committed.
[Bill] for enabling the Prince to make leases of the lands parcel of the Duchy of Cornwall, etc. Second read. Committed.
MR. [JOHN] GLANVILLE. By the statute E. 2, upon every want of a king's eldest son, the duchy comes to the king, but when, etc. If leases be made but at will, then men will be discouraged from using husbandry.
Bill for freeing the subject from wrongful imprisonment according to 29th chapter of Magna Carta. Committed, tomorrow.
MR. [WILLIAM] CORYTON. This is contrary to the statute of Magna Carta and against E. 1, chapter 6. A greater amercement than the quality of the offence.
The Serjeant required to give account what he had done concerning Sir Thomas Gerrard. He affirmed that he was at his lodging and he being gone abroad, he left notice of the command of the House to attend and to take the oath.
[f. 63] Being he came not, it was ordered he should be forthwith sent for by a Serjeant-at-Arms.
MR. [JOHN] GLANVILLE'S report. The bill concerning monopolies, the ground of it, the King's declaration concerning monopolies anno Domini 1610. The committee desired this bill might be sent up alone and with recommendation.
The Serjeant returned answer concerning Sir Thomas Gerrard. He had changed his lodging, and they could not or would not tell where, etc.
SIR ROBERT PHELIPS'S motion. A Serjeant-at-Arms to search for him and to attach his body and to bring him in tomorrow.
Bill for avoiding vexations and delays caused by removing of actions out of inferior courts. Second reading. Committed, Friday.
Bill to prevent and punish abuse in procuring supersedeas and certioraries.
Upon question whether committed or engrossed, the House divided, the greater number for the committing it.
Afternoon, the committee for returns and privileges
Sir George More moved for Sir [sic] Walter Steward, a Scottish man, a denizen, might [f. 63v] be admitted. He instanced Levinus Munck and Sir Horatio Palavicino.
Referred to be moved to the House.
The case of Chippenham between Sir Francis Popham and Mr. [John] Pym. 2 petitions:
1. In the name of the greater number of the burgesses, alleging that the mayor [sic] and burgesses had always used to elect two burgesses to serve, etc., and likewise by their charter granted by Queen Mary and warranted so to do.
The 2nd petition in Sir Francis Popham's name, alleging them incorporated by Queen Mary, the mayor and 12 incorporated burgesses. 5 of the incorporated and all the rest not incorporated, chose Sir Francis Popham. Mr. [John] Pym elected only by 7 of the said burgesses.
Mr. Treasurer of the Household taxed Mr. [John] Glanville with insolency. Offence taken at it by the committee.
Sir George More. A precedent. Sir Edward Hoby received a blow of Sir Thomas Heneage with a staff, yet the matter was composed.
Sir Edward Coke. This was when he was Speaker. The Queen sent for him, [f. 64] said it was a great indignity. The Queen committed it to some of her Council.
Mr. [William] Hakewill of counsel with the 12 incorporated burgesses of the town of Chippenham that chose Mr. [John] Pym. An ancient borough. 1 Queen Mary, a charter made according to which the mayor and the 12 incorporated burgesses were to choose the burgesses for Parliament. 7, being the greater number of the 12, chose Mr. [John] Pym. But the borough returned him and not the bailiff.
Serjeant [Thomas] Hetley of counsel with Sir Francis Popham. Before 1 Queen Mary, it was no corporation. All freemen before that time had voice in the election. The charter is the bailiff and the incorporated burgesses are to make choice. The ancient returns are the bailiff and the burgesses in general. 2 or 3 precedents of returns in the name of the bailiff, the incorporate burgesses and others, etc. This until 35 Eliz.; until then this course was held.
By the other side, that it was an ancient corporation. A record of a return 5 E. 6, [f. 64v] indentura inter vicecomitem, etc., Wiltesciria et ballivum et burgenses quod pro communitate burgi praedicti. Another 1 Queen Mary, 25 [sic] September, inter vicecomitem et ballivum et burgenses pro communitate. The charter obtained ad humilem instantiam hominum de Chippenham.
Sir Francis Popham's counsel. No record found of any charter before Queen Mary's time.
Mr. [John] Pym's counsel confessed the charter had not the words of confirmamus.
Sir Francis Popham's counsel. A record of a return 9th of January, 4 and 5 Philip and Mary, test[e] 4 year. Ballivum burgi et alios homines de communi consilio pro nobis et congregatione dicti burgi assemblavimus congregavimus, et una voce eligimus. Another 11 January, 1 Eliz., pro nobis et communitatibus. The charter, villa et burgus de cetero sit et erit liber burgus et corporatus de uno ballivo et 12 burgensibus. The grant of choice of burgesses, volumus etc., quod sint et erint infra burgum duo burgenses Parliamenti, et quod ballivus et burgenses praedicti etc. The precedents vouched by Sir Francis Popham 65 years since. The next indenture returned after the charter 1 et 2 Philip and Mary, inter vicecomitem et ballivum et burgenses pro burgo praedicto.
[f. 65] Sir Edward Coke. A doubtful case if a corporation consist of bailiff and burgesses, and they choose a bailiff. If a company make an ordinance that 12 shall choose the bailiff, it is good for a bailiff but not for a choice for Parliament. The taking of a new charter restrictive takes not away the choice of the generality. Now the question who are the burgenses? It is a disparagement to a ward to have a burgess tendered him. He that dwells and is a householder in a borough is a burgess. The writ of Parliament is pro communitate burgi praedicti. Likely it was no corporation before the charter. It is said in the grant de cetero erit, etc.
Mr. Recorder. The case of E[blank]. A citizen of London going to dwell at Bristol is not to be free of prisage, he is not to be accounted civis Londiniensis longer than he is dweller in London.
Note, the City of London can be no precedent for other places [f. 65v] for their customs are confirmed by act of Parliament.
The case of Norfolk again heard. Alleged as before by the counsel for Sir Roger Townshend and Sir Robert Gawdy against Sir Thomas Holland and Sir J[ohn] Corbet, that it could not be discerned neither by eye nor ear who, etc., whereupon the poll was demanded, and the sheriff having begun, broke off the polling.
Answered by the counsel for the sheriff, Sir L'Estrange Mordaunt, he nominated no man to the freeholders. Sir Thomas Holland carried out, Sir John Corbet followed and so did the other two. All the gentlemen with the sheriff took a view, were doing of it an hour; but 200 of Sir Robert Gawdy's at first, and there being some 1,000 odds on the other part. Coming back to the shire-house, the sheriff propounded to all the gentlemen whether Sir Thomas Holland were the first. They all agreed. [f. 66] The sheriff was pronouncing Sir John Corbet to have the second, but he was interrupted by one Mr. Catlin, that stood for Sir John [sic] Townshend, who refused to have the second voice. So also did Sir Robert Gawdy stand upon the first voice or none, whereupon the sheriff was contented to go to the poll. But there being a confusion, and persuaded by all the gentlemen.
This was put off to Thursday.
XII. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
March 9, Tuesday
Magdalene College, bill about their lease to the Queen and from her to Spinola, etc., committed.
Sir Thomas Cheke's bill about land bought of Sir Thomas Beaumont. Vide March 30.
An act to enable the Prince to make leases in his Duchy of Cornwall. Vide March 30.
An act to secure the subject from false imprisonment contrary to 29 cap. Magna Carta.
A motion to send up the bill of monopolies to the Lords by itself and recommended as grounded [f. 74v] upon the Kin[g]'s books and not against his prerogative.
Sir Thomas Gerrard came not in as was ordered but had removed his lodging and they either could not or would not tell what was become of him.
An order to attach him and bring him the next day unto the House.
An act for avoiding delays upon removing of suits from inferior courts.
An act to prevent and punish abuses in procuring writs and bills of certiorari, etc.
Upon the engrossing of this bill, the House was divided and the noes carried it to be committed.
SIR BAPTIST HICKS. Long noes (different between noes and the yeas).