Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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SATURDAY, 29 MAY 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/14
[CJ 715; f. 64]
Sabbati, 290 Maii, 220 Jacobi
SIR GEORGE MORE reports £118 5s. collected, about £24 or £25 behind.
Upon question, the Clerk to have £30, his son, £10, and the Serjeant, £20.
Upon question, all those which pay not this contribution by themselves, or their friends, to pay double.
Sir Robert Pye, Sir P[eter] Heyman, Sir Francis Seymour, Sir Nathaniel Rich, Sir D[udley] Digges, Sir George More, Mr. Wandesford, Sir Guy Palmes, Mr. [William] Noye, to go up into the committee to consider of the distribution.
The order for the/
[f. 64v] Sir Robert Mansell's and Sir Henry Vane's patents to be delivered in to them.
The bill for pleading upon alienations sent up to the Lords by Sir Edward Coke.
MR. SOLICITOR reports the bill of battle. That the committee thinks it not fit it should proceed but rest, to be advised of.
So the bill of Brewers. So Earl of Oxford's bill and the Apothecaries' bill to rest.
MR. SOLICITOR reports from his Majesty that, from the House, he thanked the King for the enlargement of the time, within which these grievances had been perfected. That then he presented the grievances. The number not many; yet so many in respect of the length of time since Parliaments. The length of words to inform his Majesty of the reasons. Collected from several parts of the kingdom; weighed with great care to his Majesty's service and the good of his subjects; presented in a parliamentary manner. Petitioned him for his gracious answer in his time, and, if possible, before the rising of the Parliament, that so good news might be carried him down.
That the King answered, as in writing appears, which taken by him and other members of the House, which delivered in.
MR. SOLICITOR moves all the patents not condemned may be delivered out, and for those condemned leave it to the judgement of the House.
Upon question, all patents brought into the House this Parliament and not now condemned here, to be delivered to those which brought them in.
Resolved, no copy to be made of the King's answer but to be re-delivered to Mr. Solicitor, because a thing only penned by him and not by the King's warrant.
The patents of the heralds to be delivered in to the Clerk by Sir Francis Seymour.
The matters objected against the Lord Bishop of Norwich reduced into writing by Mr. [John] Pym, which read in the House by him [f. 65] and ordered to be kept here by the Clerk.
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 798; f. 226v]
Sabbati, 29 Maii 1624
SIR GEORGE MORE gives an account of the collection. Have gathered £118. Some £25 still to gather.
Upon question, the Clerk to have £30, his son, £10, and the Serjeant, £20.
Upon question, Sir Robert Mansell's patent and Sir Henry Vane's to be delivered out.
SERJEANT [RICHARD] DIGGES. To have the Woodmongers' patent delivered in.
MR. SOLICITOR delivers in 4 bills:
- 1. Bill of battle.
- 2. Brewhouses: curia advisare vult.
- 3. Earl of Oxford's bill and the cross bill to that.
- 4. The Apothecaries' bill.
[f. 227] MR. SOLICITOR reports from the King. Did attend his Majesty with our grievances. Did first present humble thanks from the House for the enlarging of the time of our sitting. Next, he presented the grievances. Said they were the more, in regard of the want of Parliaments. [Blank] Said they were humble suitors for a gracious answer, if it might be before the end of the session, that so his subjects might return with a great deal of joy and comfort.
His Majesty returned this answer, which he has set in writing: and read.
MR. SOLICITOR moves that those patents which have not been examined and considered of in this House may be re-delivered again.
Sir Edward Coke sent up to the Lords with the bill of pleading alienations in the Exchequer.
Ordered, upon question, that all patents that have been brought in this session and have not been examined nor condemned here, shall be re-delivered to the parties that brought them in; and a note to be made of all that are delivered.
Resolved, that the notes of the King's speech shall be delivered to Mr. Solicitor again; and no copies to be made of it because not warranted by the King.
[f. 227v] MR. [JOHN] PYM delivers in the heads of the charge against the Bishop of Norwich. Read, and ordered to be entered.
MR. TREASURER. The King has appointed to be in the Lords' House between one and two [o'clock].
Sabbati, 29 Maii, post meridiem
This afternoon Mr. Speaker came about one of the clock.
III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Saturni, 29 Maii 1624
SIR GEORGE MORE pur le collection del Huise.
Le Clerke, £30, son fils, £10, le Sergeant, £20.
All departed to paye doble if they by there freindes paye not this daye. Committee.
Pur briefs: nul certificat de j[ustices] del peace.
Pattentes de Sir Robert Mansell and Sir Henry Vane, sur question, delyver.
SOLLICITOR reporte 4 bills to sleepe:
- 1. Battell.
- 2. Oxforde, le Counte and Maudlin College.
- 3. Apotecaries.
- 4. Brewers. Sente by the Prince.
Reporte auxy pur les greevancs [et move] pur generall order pur delivery de pattents nient adjudge greivous.
SIR EDWARD COKE. Que les titles del greivances quant sont present al Roy doient este lie.
Sur question, resolve deste delivery pur pattents brought in this cession [nient] adjudged heere greivances.
[p. 305] CHANCELLOR DEL DUCHIE. Extendinge de soverainty prove tiranie, libertie, license; and in time inconvenient.
SIR JOHN SAVILE. Versus les response le Roy al greivances, mes appease sur pur le presente.
SIR EDWARD COKE. Finis coronat opus. The Kings speeche restored to the Sollicitor et nul copie order. 36 E. 3, cap. 4; 50 E. 3. We maye sende for pattentes, examine them and voate them for greivances, but wee can not keepe them, cancell them, nor indorse them, but delyver them to the Kinges counsell with desire to cause them to be revoaked by scire facias or otherwyse.
But after debate resolve null order, mes deste delyver par le Clerk sans blame if they be desyred.
Upon mocyon made by the TRESORER that in regarde the Kinge had appointed betweene one and twooe a clocke to be in the Howse, we mighte now ryse, and so ordered, this beinge the laste daye of this cession.
A good rule observed by SIR THOMAS WENTWORTH that wee showlde never agayne send our greivances so late.
[p. 306] At one a clocke wee mette in the House and there stayed, but I myselfe and dyverse others wente into the Upper Howse and there stayed untill the Kinge and all the lordes, judges and bishops came in there roabes, and the Lord Marshall and Stewarde cleered the Howse of strangers.
Then came the Speaker and all the reste from the Lower Howse. Then our Speaker, in his roabes at the barre, after his 3 congees, made an excellente speeche, one of the beste that ever I hearde, and the Lord Keeper spake after him and gave aunsweare to most of the thinges that the Speaker delyvered.
Then spake the Kinge and then [John] Benbow, the [deputy] Clerke of the Crowne, reade the titles of the bills, and when he intended to stoppe a bill he spake to it and delyvered his reasons for it; as the bill of recusants, he tolde [us] the times were not now to passe this lawe in regarde of the use of his neighboures and allies whereof manye were of that religion, but charged his bishops, judges and justices of peace [p. 307] to be very carefull to see all the lawes executed againste them. He stayd the bill allso for Sondaye. He acquyted the Bishop of Norwige and commended of him. He acquyted allso Doctor [Thomas] Anyan, and gave us no good aunsweare to our greivancs, but passed many pryvate billes and stayed in the Howse untill syxe a clocke at nighte.
The daye was very hotte; many wente out sicke. I was never hotter in my lyfe yet wente to Tan[d]ridge that nighte.
IV. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
[29 May 1624]
Upon the 29[th] of May 1624, the King's Majesty, with the lords sitting in their robes in the Upper House of Parliament, the House of Commons came there with their Speaker, Sir Thomas Crewe, knight, who made an oration to his Majesty; first, giving God thanks for the great unity that had been with his Majesty and both the Houses, wherein nothing had untruly been done to the offence or dishonour to his Majesty by either House in all this time, and for the great correspondency between both Houses. Then, declaring the nature of all the bills passed, humbly besought his Majesty to give life unto them by giving his royal assent. Then rendered his Majesty humble thanks for our liberty of free speech and large pardon. Then declared the free gift of 3 subsidies and 3 fifteenths given to the use declared in the act; and lastly, excused himself for his imperfections and faults in the execution of his place, for which he humbly besought his Majesty's pardon.
Then the King's Majesty spoke. [Blank]
After his Majesty's speech, the [deputy] Clerk of the Crown read the title[s] of all the bills, which were in number 79. Then did the Clerk of the Parliament read in another scroll the King's consent to every particular bill in that form as is usual in French. But his Majesty gave the Clerk command he should not read the King's resolution until his Majesty bade him, for that he would speak to some of them.
His Majesty gave consent to all the bills but five, which were a bill for the better observing of the Sabbath, to which the King gave his reasons why it should not pass. The second bill was a bill against recusants. The third, the naturalizing of Philip Jacob[son]. The fourth, a bill to make knights and burgesses for the county of Durham. The fifth, and the last, was the bill for licences of alienation. So as the first and last bills were rejected.
[f. 114v] After all the bills were passed, my Lord Keeper made a speech in answer to every particular of the Speaker's speech.
Afterwards, the King spoke again and gave us admonitions concerning the grievances; and then my Lord Keeper declared that the Parliament was prorogued to the 2[nd] of November 1624.
V. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Saturday, 290 Maii 1624
Money collected, £118 5s. Remains unpaid [by] 80 persons, members of this House, which comes to £25.
The sum that is above mentioned to be collected is that which was received of the members of this House after the rate of 10s. paid by every kt. and 5s. paid by every burgess, which money is to be distributed among the officers of this House and of other places and courts, as at the Rolls [Chapel] and at the Tower.
Ordered, that of this money collected the Clerk of this House shall have £30, his son, £10, and the Serjeant, £20.
Ordered, that such of the members of this House as are absent or [f. 241v] have not paid their money according to the rate of 10s. a kt. of a shire and 5s. a burgess, and shall not pay the same sedente curia this sessions [sic] either by themselves or their friends, shall pay double, and if they pay not the same to the treasurers or collectors appointed for that purpose/
Ordered, that no justices of peace shall henceforth make any certificate whereby any briefs may be granted by the King, for that such briefs are against the law which they are sworn to keep and execute.
MR. SOLICITOR delivers into the House the bill concerning trial of battle, which the committee, because it was brought in by a private man, did not think fit now to pass the same.
[f. 242] [Blank]
MR. SOLICITOR reports the King's answer to our petition of grievances. That himself/ That his humble/ That they were commanded to attend, and that we did give thanks for the time which his Majesty did enlarge to us for the finishing of the great businesses depending in our House. [Blank] That the number of the grievances were not many but for want of Parliaments they were the more. That they were complaints from all the parts of this kingdom for which we serve, which without the breach of pity and trust we could not refuse to consider of.
Vide à l'autre côté * 4.4.
A note of all the grievances presented to the King, 28 Maii0 1624, as they are in order and number presented in two rolls, the one concerning trade by itself and the [o]ther concerning other grievances in general by itself.
[f. 242v] One part of the petition of grievances:
- 1. Against the patent restraining fishing on the sea-coast of New England.
- 2. Against the new incorporation of Gold Wyre Drawers.
- 3. Against pretenders of concealments and defective titles.
- 4. Against licences called briefs.
- 5. Against the letters patents of the Apothecaries of London.
- 6. Against Sir John Meldrum's patent for a lighthouse at Wintertonness.
- 7. Against the abuses of Sir Simon Harvey.
- 8. Against the letters patents and grant of the custody of your Majesty's common gaols and prisons to other than the sheriffs of the county.
- 9. Against a patent of surveyorship of Newcastle coal.
- 10. Against the multitude of popish and seditious books printed, published and dispersed within these your Majesty's dominions more fraudulently now than at any time heretofore.
- 11. Against proclamations concerning buildings.
- 12. Concerning Dr. [Thomas] Anyan.
- 13. A petition of grace concerning the instructions in the Court of Wards.
Another part of the petition of grievances by itself:
- 1. Merchant Adventurers.
- 2. Turkey merchants.
- 3. Patent of Guinea and Benin.
- [f. 243] 4. Alnage.
- 5. Serges and perpetuanas.
- 6. Prisage of wine.
- 7. Clothworkers.
- 8. Tobacco.
- 9. Eastland Company.
Desired that we might receive his gracious answer that so we might with comfort return home.
The King's answer. I will begin at your conclusion, where you desire an answer before this sessions [sic] be ended. [Blank] I am sure it has not been the use of Parliament since I came to the crown to give a present answer, for I must first advise with my judges and Council, without whom I have done nothing; and if there be in any patent any clause or thing that is not fit, they are in fault for it and not I. [f. 243v] I have 2 grievances myself to complain of. [Blank] The first is that you have passed many bills, which, if they had had as free passage otherwhere, you had taken away a great part of my revenue, [blank] for you would have taken away £3,000 per annum for the wines and also the pretermitted custom. [Blank] Second grievance is that the name of a patent is odious among you and the name of it is enough to have it cast away, for if a doctor of the law stand up among you and say it is against law, you presently send for the patent and keep it with you without ever redelivering to the same again. [f. 244] [Blank] That we shall between this and the next sessions [sic] find by affects the answer his Majesty will give to our petitions of grievances, and as I am a true king, you shall meet again in the beginning of the next winter, as you shall hear tomorrow. [Blank]
MR. SOLICITOR moves that those patents that have been here delivered to us and which are here condemned may be left or delivered as we think fit; but those that have not been examined nor condemned may be redelivered again, for, [f. 244v] when we meet again, we shall have power to call for them and receive them here again.
Ordered, that all those patents that have been brought into this House during this our sessions [sic] (and have not been condemned in this Parliament in the opinion of this House) shall be redelivered to the parties that brought them here.
Concerning the patents which are in the House and have been here determined:
MR. [THOMAS] WENTWORTH thinks that if the Clerk shall detain any patents which have been here condemned as [f. 245] a grievance by this House, yet the patentee may bring his action of detinue against him for the same, and recover them out of his hands. He would have us endorse on the back of such condemned patents that such a patent was here in Parliament condemned as a grievance and against law. Or that they may be delivered to the King's learned counsel with an intimation from this House that we think fit that a scire facias should be brought against such patents.
MR. CHANCELLOR OF THE DUCHY would have the patents condemned that left here in the House with a brand on them; that we have in our opinion condemned them as grievances and against the law, but with this: that if the King or any of his Council should send for them, they should be delivered forth accordingly.
MR. SOLICITOR says that when we have condemned patents, we can do [no] more but put that brand upon them that we have condemned them. That for us to strive to exceed or to stretch forth our privileges may [f. 245v] endanger our liberties, for nothing so soon overthrows power or privileges as the immoderate use and excess or them. He leaves these things to our consideration.
SIR JOHN SAVILE says that the King, as he believes by his Majesty's answer, that he has been misinformed. That none can judge of a grievance to the kingdom as this House, which is composed of all the kingdom. That we know how the King's learned counsel and others also have misinformed. That it is our fault that we permit the King to be thus misinformed. He says that we have a wise and a just King. He protests against the grounds of the King's answer, for that he believes his Majesty has been misinformed in them.
MR. CHARLES PRICE would have us tacitly to let the patents condemned to rest without any order, for he believes that no man will dare to meddle or do anything in them.
SIR E[DWARD] COKE moves that there may be no copies of the King's answer delivered and that it may not be here entered of record. That it is one of the principal ends of a Parliament to hear [f. 246] grievances and call in patents which are the cause of it. That no court does judge on copies but on records, and therefore it is reason we should have the patents here brought to us. He would have us deliver the condemned patents to the King's learned counsel with a prayer that there may be a scire facias against them.
SIR PETER HEYMAN would have the 27 patents which are monopolies that are excepted out of the bill of monopolies, delivered up to the patentees.
MR. [EDWARD] ALFORD would have it ordered that the Clerk may deliver up the condemned patents because we have in our petition of grievances desired his Majesty that they may be cancelled, and without the patents nothing can be done against them.
This is left without order or resolution but only an intimation that the Clerk shall do with the condemned patents as has been accustomed by the Clerks of Parliament.
[f. 246v] Ordered, that the substance of the complaints against Dr. Samuel Harsnett, Bishop of Norwich, shall be here entered into the Clerk's book as it was now by order delivered in by MR. [JOHN] PYM.
MR. TREASURER says that he holds it his duty to advertise the House (according to custom) that the King has appointed to be in the Upper House this afternoon between one and 2 of the clock, and therefore thinks it good for this House now to rise.
This House herein rises, and it is ordered that we shall meet here again before one a clock to attend the King.
In the afternoon the House met but did nothing but attend in the House until the King sent for the Speaker, who, attended by all the members of our House, then went to the Upper House with the bill of subsidies in his hand. His Majesty sat in his chair of state and in his parliamentary robes, and so did all the bishops and other lords.
[f. 247] The Speaker, after his 3 congees, made an exact speech of thanks to his Majesty from the House for his grace and favour to the same in granting them the free use of their parliamentary privileges, and letting of his Majesty know by name some 4 or 5 of the bills that first passed our House. Then he told his Majesty that he was from his Commons to present his Majesty with a grant of 3 entire subsidies and 3 entire fifteens. Then he craved his Majesty's pardon for his offenses and errors committed in Parliament.
The King made also a speech in answer and commende[d] the discretion, temper and wisdom of the Parliament, thanked them in the behalf of his grandchildren for the bill of subsidies, for that it was granted for their good, saying it had been the use of Parliaments at the end thereof to grant their kings a supply for his wants and he hoped that the next sessions [sic] the Parliament would consider of him [f. 247v] as we had now done his children; and then said he would give us some admonitions, and thereon told us we should not be too forward in meddling with patents, etc.
After, the Lord Keeper made a short speech.
[f. 226v] Alienations X
X Butter and cheese
X Crown tenants, b[ill of] g[race]
X Creditors in execution
Debt's in King's name
X Fines, etc., in al[iorum] nominibus
X Inns and hostelries
X Inferior courts remove
X Intrusions, b[ill of] g[race]
[X] Justices and constables
Knives of York
X Possessions restored
Pensions of foreigners
X Prince's leases
X Oxon. navigation
[f. 226] X Supersedeas
X Statute continuance
X Wales's laws
X Woollen cloth
X Welsh cottons
X Scire facias against [Sir Edward] Herne
X Limitations of actions
X Earl of Middlesex
X Petition [Philip] Jacobson, rejected.
[Illegible] officier de Roi sans le permis de sa Majesté.
VI. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2
[29 May 1624]
The money being £130 [sic] was distributed to the Clerk of the House, those of the Tower and Rolls [Chapel], etc. and all who had done service to the House. The residue, after they had their proportions, to the prisons.
Malice is a good informing but an ill judge.
Bill for trial by battle.
Bill against brewhouses. Not passed.
[f. 82v] 33 E. 3 rot. patent, seacoal forbidden to be burnt in Southwark. A man has remedy by the law against any annoyance that does exsiccate vegetables or poison the air, etc. But because beer is a necessary food and the brewhouses are men's inheritances, and there is great annoyances almost in the city besides by glasshouses and dyehouses, the bill for the removing of brewhouses below the bridge or a mile out of London unless they would burn wood in them was rejected, though it were recommended to the House by the Prince and had passed the Lords' house.
[f. 176] Bill for Apothecaries.
Bill for Earl of Oxford.
In presenting the grievances, the marginal titles ought to be read to the King.
[f. 176v] Patents brought into the House in obedience which have not been sentenced by the House are to be delivered to them that brought them. Ordered.
But the Clerk cannot deliver them without an order.
[SIR EDWARD] COKE would not have the King's speech entered without warrant, nor copies delivered out.
[SIR EDWARD COKE]. 36 E. 3, c. 4 a Parliament called for correction and execution of laws and for redress of grievances. From the beginning of E. 4 to this day, grievances complained of. 50 E. 3 twelve unlawful patents complained of. If we have power to examine patents, tacitly we may send for them. We cannot cancel a patent nor detain it, but we having set a mark [f. 177] and brand of infamy upon it, we are to deliver or send it to the king's counsel learned and desire that a scire facias may be brought to try them.
[SIR THOMAS] WENTWORTH would have no dispute of our power, and hereafter our grievances prepared in due time that may answer the King if he be misinformed. Would have them left with Clerk to do with them as formerly has done.
The patents must be delivered if the King sends for them, otherwise how can the King and his Council consider of them.
Agreed, but not ordered that the Clerk must do as formerly he has done, and if they be sent for it shall be no offence in him to deliver them.
The heralds' patent for visitation and taking of fees after men's death to be brought in.
MR. [JOHN] PYM, by direction of the House, did set down the state of the cause against the Bishop of Norwich. That having copies of the complaints against him, no man was employed to answer for him and thereupon the House having full and clear proof that he restrained preachers to preach in the morning at their parish churches, to dilate upon the catechism, setting up images, first, of the Holy Ghost over the font in the form of a dove which came flickering down upon the water, etc. extortion, forcing men to pray to the east, not registering institutions to the disherison [sic] of patrons etc., was transmitted to the Lords.
[f. 82v] [Afternoon]
The last day before the Speaker went into the Upper House, he sat in the House [2? words illegible] until the King came and then he was sent for. [f. 81v] And then it was moved whether after the prorogation we should meet in the House again, and resolved that, no, for that our authority ceases and the mace was to be taken away.
The Speaker, being attended by the Privy Council of the House, presented himself to the King and made a speech, to which the King answered and likewise the Lord Keeper. And then one Clerk read the titles of the bills and the other read the King's assent or dissent to them, as Le Roy le veut to a public bill, soit fait come est desire to a private bill, and le Roy s'advisera when he dissented to a public bill, etc.
Then then Lord Keeper said the Parliament is prorogued to the 2nd of November next.
The King did not presently answer the grievances which were presented in respect of the shortness of time, but said we should perceive by the execution or ceasing of them which he allowed and which not.
VII. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Saturday, the last day of the Parliament, May 29
SIR GEORGE MORE reported what had been done in the collection after the rate of 10s. a knight of a shire, and 5s. a burgess. The money collected, £118 7s. That which is unpaid, the persons being 80, it will amount to/
The note of the disbursement agreed upon by the collectors was disliked by the House.
Ordered, the Clerk should have for his pains in attending general committees and his charge in transcribing many public bills, £30, and his son £10; the Serjeant £20.
Ordered likewise, that those who did not pay by themselves or by their friends sedente curia should pay double.
A select committee appointed to consider of the proportions in the distribution:
The rest to the prisoners [sic].
MR. SOLICITOR'S report of the message and carrying of the roll of grievances to the King. Attending the King at Whitehall he said unto him:
1. That in the name of the House he presented humble thanks for enlarging the time of sitting.
[f. 198v] 2. That upon several complaints presented, divers things were found to be grievances, etc. They were not many, yet the more because Parliaments had been no more frequent; they were the longer in regard the motives and reasons were annexed. They were now presented in the ancient and usual manner. Desired his Majesty would be pleased to give such a gracious answer that so, etc., he might have a great deal of glory, and those that came here from, etc., might return with a great deal of joy and comfort.
Ordered, upon the question, that patents which were not censured should be delivered.
The question in the next place, whether the patents adjudged to be grievances should remain with the Clerk or be delivered to the patentee.
MR. SPEAKER demanded whether it were not the fittest course to deliver them into the hands of the King's counsel.
SIR FRANCIS SEYMOUR moved that the opinion of ancient Parliament-men might be demanded what the course has been.
MR. CHANCELLOR OF THE DUCHY. [f. 199] Be wary of extending authority too far. The course was wont to be only to see the patent and no more.
SIR DUDLEY DIGGES moved that no order might be entered touching this.
SIR EDWARD COKE. For the King's speech, because it was but reported and there may be mistaking, think fit the notes should be delivered to the Solicitor and no record to be kept. Touching the calling for patents, it is clear by that 36 E. 3, cap. 4, for how can the king be informed of the unjustness without sight of the patent. 50 E. 3, 10 patents called in.
Second, concerning the delivering our opinions, shall we do it upon a copy? His own opinion was no cancelling, no endorsing, no retaining them, but deliver them to the King's counsel, with a request that they may be proceeded against, etc.
SIR THOMAS WENTWORTH. No order, but let the Clerk do as others before him have done.
[f. 199v] Resolved, there should be no order.
Resolved, Mr. Solicitor should have the note of the King's answer back again, and no record to be kept of it.
MR. [JOHN] PYM, by order of the House, brought in the heads of the charge against the Bishop of Norwich to remain with the Clerk of record.
Ordered, it should be entered.
[f. 200] The Speaker's last speech
Most gracious Sovereign. The great and mighty God who is the alpha and omega, the beginning and ending of all things, has by his good providence brought our hopeful entry into this Parliament to a happy period and conclusion, and has manifested to the Christian world a blessed unity and conjunction between the head and the members in one heart. In the building of the temple there was not a hammer heard but all was smoothed, wrought and prepared by the cunning hand of the workman before they were laid. God, the author of peace and concord, who makes those in one House of one mind, has so united the hearts of both Houses in one desire and correspondence that in the great and weighty business wherein your Majesty was pleased to descend and ask their advice they have all concurred without a negative voice. And in you grace and goodness has broken forth like light, that has been pleased to follow and approve the same, imitating the precept of the wisest king: without counsel purposes are disappointed, but in the multitude of counsellors they are established.
In the interim of our debates in that important subject we neglected no time but husbanded it in penning and passing of bills, and especially those that concern the public and will remain to posterity as a memorial of the honour of your time, and the weal of your people. It is the highest pitch of a true monarchy and greatest height of your outward happiness that you rightly reign and rule alone and yet [f. 200v] that your commonwealth is so compounded by the fundamental laws of the same that your people have their voice and suffrage in making and altering of laws, which are the sinews of your government that hold the body together, and their equal composition and unpartial [sic] execution is a principal means under God to secure your person and support the state. It is the nature of man to be in love with it[s] own child, and by this parliamentary way the people are left without excuse, and have their mouths closed, who else might take occasion not to be so well satisfied.
The bulk of these petitions, as some of them have heretofore moved from your own grace, so now all of them return to your gracious acceptation. But these parchments, be they never so fitly framed or judicially digested, yet for the present they are but as speculations, yea (that I may use the phrase of mine own profession) as infants in ventre sa mére, of whom it may be truly said that the children are come to the birth and there is not strength to bring forth until your Majesty breathe life into them; yea, they are but as shadows until the royal assent make them acts.
In the ranking of these bills, the first place is assigned to that which first passed and is, to prevent and repress disorders on that day which God has set apart for his own service and worship a Jove principium. Others are to redress and punish profane swearing [f. 201] and cursing, and the loathsome sin of drunkenness. Another, [blank] an explanation of the statute of the 3rd year of your Majesty's happy reign, to disable leases of your own 2 parts of convict recusants' lands made to the benefit of the recusant contrary to the true intent of the former law, and to reverse the interest to your Majesty, the rather to reduce them to conformity and obedience that have been long sick of a spiritual drunkenness. Another to perpetuate the law of 39 Eliz. for erecting and endowing hospitals, that was but temporary. Other bills of grace re et nomine descending from your own goodness that have been graciously pleased, as it were, to let fall some leaves from the flowers of your crown for the ease and benefit of your people, and yet the flowers continue fresh and entire. Another has moved from the goodness of our hopeful Prince to clear all doubts and ambiguities that might arise upon his Highness's leases of the possessions of the duchy of Cornwall, and to ratify the same the more to encourage his tenants to build and plant and better their living. Another is the continuance and establishment of divers [laws], found useful, that were but probationers, and discontinuance and repeal of many more that were absolute [sic] and fruitless and remained as snares for greedy informers to work upon to the grief of your good subjects. Others are new remedies for such mischiefs or inconveniences as time has discovered to need redress.
[f. 201v] The catalogue of these public bills is accompanied with some private bills that either concern colleges or hospitals, or naturalizing your own servants and other your good subjects, or whereby particular persons seek ease and benefit without wrong to any, and every member depending on the head, they seek to interest themselves in your Highness's favour and grace, the public bills expecting the joyful voice of le Roi le veut, and the private bills attending soit fait comme il desire. Neither let it seem strange to your Majesty that in a commonwealth so well compounded there is yet presented some explanation or alteration of laws. Multa dies variusque labor mutabilis qui rettulit in melius.
And the memory still lives of your famous progenitor, King E. 1, who after his reducement [sic] of the dominion of Wales in his Parliament, called statutum Walliae, said of the laws and customs of that country quasdam delevimus, quasdam permissimus, quasdam correximus. Stability attends only the better life but in all earthly things there is mutation and change. And as in the swift and continual motion of the heavens there daily arise new aspects and conjunctions that alter and overrule the inferior planets, so in kingdoms and commonwealths new inconveniences are discerned, and might grow dangerous if by prudent foresight they were not in time prevented. And as new diseases in the body require new [f. 202] medicines, so new diseases in the state must be cured by the wholesome remedy of good laws; yea, in the commonwealth of Israel, which were God's peculiar people and Himself dictated the law, the doubts and difficult questions arising were cleared by an immediate oracle from God's own mouth by the ministry of Moses, as that of the punishment for the blasphemer, the gatherer of sticks on the Sabbath done with a high hand, and the title made by the daughters of Zelophead to their father's inheritance, after explained with a restraint to marry within the tribe, and the like.
And now, dear and dread Sovereign, we the knights, citizens and burgesses of the Commons' House of Parliament with bended knees of our hearts do render all possible thanks to God and your Majesty, his immediate lieutenant, for the blessing we enjoy in the continuance of the word and gospel among us, and our own conservation in true religion. And it is our exceeding comfort that no jealousy or mistaking has bred any rupture or distraction among us, nor given cause to tell anything in Gath or in the streets of Ascalon, whereby the Philistines of Rome may rejoice or the uncircumcised priests of Baal triumph, but that the true believers at home and our neighbours and confederates abroad may rejoice and sing a new song of joy in seeing this happy turn of the affairs of Christendom since our hopeful Prince's return. God having wrought light out of that darkness, it is the Lord's doing and let it be marvellous in our eyes. [f. 202v] And our joy is the more in the hope we have to see the real execution of your late edict in quitting the kingdom of these locusts, the Jesuits and seminary priests that are enemies to monarchies and instruments of foreign designs, and wait for opportunity to do mischief, whose chief point of learning consists in defining flattery and dividing unity. And when this city that is your royal chamber, and other parts of your dominions are clear swept, and these Babylonish Achans taken out of the tent, your person and state will be more safe, and peace upon the Israel of God, and your subjects, laying aside de tristibus, more cheerfully sent home with that good father St. Hilary in their hearts.
We do further acknowledge with all humbleness and thankfulness your Majesty's great favour to us in the enjoying of our ancient privileges and immunities of free speech and freedom from arrests and troubles, and that your Majesty has been graciously pleased at our humble suit to give us so often access to your royal presence, and by your own mouth made so clear an expression of a benign interpretation of our proceedings. And we do further most thankfully acknowledge your gracious favour that have, according to the latitude and bounty of your royal heart and suitable to your own greatness [f. 203] and goodness, enlarged your general free pardon beyond the limits of the later times, whereby to some that were dead by the justice of your law a new charter of life and mercy is sealed; to others that by outlawries have forfeited their goods and by felonies endangered their estates a restitution of grace is granted; to others who by reason of alienations without licence were subject to intrusion and seizure of their lands a freedom from that danger is gained, old debts discharged, and the scores and reckonings cut and cleared, concealed wardships, mis-suing and not suing of liveries and ouster-le-mains freed, and generally to all a relaxation from many pains and penalties to which by errors and negligences [sic] they were fallen.
And here we the knights, citizens and burgesses of the Commons' House of Parliament do in all humbleness present to your Majesty a free gift of three entire subsidies and 3 entire fifteens granted by the temporalty, which point of supply no sooner with us came in proposition but passed hilari manu, celeri manu, I may say plena manu, considering the speedy payment in this time of decay of trade, diminution of rent and revenue, and disvalue of the royal English silver mine of wool, all which we now hope and persuade ourselves will receive new life and flourish to the glory of your time and comfort of your people. [f. 203v] Accept in some acceptable sort, dear Sovereign, this present for the present and as a pledge of our unfeigned and loyal duties and a testimony as well of the professed service of our bodies as of the entire subjection of our hearts, which we have given with alacrity to those ends to which your Majesty first proposed. And we hope God will direct your heart to make your sword your sheriff to put your son-in-law in possession of his ancient patrimony and inheritance, whereof he has been deforced, or to make execution by way of withernam of another as valuable. God is on your side in a good cause. Frangit et attollit vires in milite causa. I am not out of my element but my zeal and affection to the honour of my Sovereign, and support of a branch of the royal blood, transported me and will excuse me.
And now that your Majesty has given a liberal and large pardon to all your people, give me leave to interest myself therein and with bended knees to fall down at the footstool of your favour for a particular pardon and quietus est that may cover and quit my errors and defects, since by the free choice of the House and your Majesty's approbation I underwent this charge, and that whatsoever by my insufficiency and disability has given disadvantage to the service may, by your goodness, be forgotten, and the faithful endeavour of your humble subject receive a gracious acceptation.
[f. 204] Friday, the 29th of May, His Majesty's speech at the rising of the Parliament
Mr. Speaker and you gentlemen of the Lower House, I will begin at the end of Mr. Speaker's speech, which was a presentation of the subsidies, and the thanks he gave me for allowing you your privileges and the liberties, together with the free pardon of his own weakness.
The subsidies are granted to my grandchildren, whose case, I must confess, is somewhat desperate. I pray God I may see that good end thereof that I wish for. I know not what way it may please God to dispose of these things, whether peaceably or by force it may please him to repair unto me the wrongs done to them. But as I said first, so I say again, I desire not to live, nay, I wish to God never to have been born rather than such a blot should lie on me as not to hope to see the restoration of the Palatinate or at least a fair possibility of it before God close up these eyes of mine. And I have sworn that all that you have allowed for the business shall be only and wholly employed for that end; and as God shall judge my soul, I never had other meaning [f. 204v] if I had not been bound and limited thereunto. But as on the other side I assure myself that as yourselves will confess, here is nothing in these subsidies given for the relief of my estate, which all Parliaments were wont to consider of, especially me that have lived in that necessity and have had less supply from my people than any of my predecessors, I know not how many 100 times before, so on the other side I assure you that you shall have a new session in the beginning of the next winter that then you may meet together and consider how to supply my particular wants; and if you will be careful in this, as I assure myself you will be, I will only employ it to the advancement of such government among you as you shall see become a king, and to the increase more and more of the service of God and restoring the patrimony of my grandchildren.
For the other point, I have reasons and truly without compliment I do it, to thank you for my own person for your particular behaviour towards me at this time, concerning which I must needs say that in all this session, neither in any days was it heard and I think it is without example that ever the Lower House sat with [f. 205] that continual obedience to my person and honour, for in all your actions you have given me more true demonstration hereof than ever was given heretofore by the Lower House; and for matter of scandal it was no sooner moved among you but it was dashed, avoiding all actions that might be a block of offence between me and my people, for which as I said before, so now again, I thank you without further compliment; and if it shall please you when you shall return to go on this way, this Parliament shall be crowned with the greatest happiness that ever was held by a king.
But I must admonish you some few things, and that I pray you take it in good part, and that is touching grievances. Mr. Solicitor made mention of some yesterday when I was present. As I said then to some of you, so now speak I to all of you that you be not too ready to hunt out grievances where there is no cause, for I may say this and truly that I never saw Parliament that had less and smaller matters of grievance than you have had. I find most of them to be slight ones, which makes my heart jovial. Now as concerning your grievances, be careful to present such as shall be general [f. 205v] touching the commonwealth, trading and corporations; and as it lies not in your power to raise and create grievances but upon just cause, so again you ought not to conclude and determine a remedy without first letting me have the hearing and allowing of it. I will go through all your grievances and weigh them fully, and when I have done you shall have a clear answer to them, such an one as shall be agreeing to justice and convenient to meet with the present necessities of my people. No courtier's particular good shall be preferred to the subject's request in general, and herein I will not take the advice of myself but I will canvass the business with the help of my Privy Council of the law.
But now, among other grievances, I must tell you some of my grievances. One is concerning the manner and form of building here in London. You have made a grievance of that that I am justly grieved at that you have made it a grievance, for, I protest to God, it has been my only aim ever since I came into England to make the City of London metropolis, the mother city of England, that I may say with the Emperor I had it stramineam but I leave it marmoream. I care not for the [f. 206] grudging of many particular men that are in very deed a shame to this kingdom. I marvel much that you should condemn the commission without hearing the commissioners. If they be too strict in their points, I pray you complain to me and I will redress it and give you ease. God knows I have no other end herein but the welfare and honour of the kingdom.
Secondly, another cause of grievance is concerning Dr. [Thomas] Anyan, master [sic] of Corpus Christi College in Oxford, whom you have called in question touching church matters. You had all of you at the beginning of this Parliament taken the oath of allegiance and supremacy whereby you have acknowledged me supreme head in ecclesiastical matters. I have referred that matter to the Bishop of Winchester, who is visitor of that college, upon whose learning, gravity and piety I will rely in this case.
Thirdly, another grievance of mine is that you have condemned the patent of Apothecaries in London. I myself did devise that corporation and do allow it. The Grocers who complain of it are but merchants; the mystery of these apothecaries were belonging to apothecaries, wherein the grocers are unskilful; and therefore [f. 206v] I think it fitting they should be a corporation of themselves. They bring home rotten wares from the Indies, Persia and Greece, and here with their mixtions make waters and sell such as belong to apothecaries, and think no man must control them because they are not apothecaries.
Another grievance is that concerning books seditious and heretical. It is a shame that England should be the only place of the world to honour such books, both popish on the one side and puritanical on the other side. But for this I will provide that there be such overseers that may prevent their coming into print, and those that are in print already, to suppress them. No man shall be more desirous to fulfil your desire in this point than I will be.
Fifthly and lastly, touching my patents in general, I am grieved that you have called them in and condemned them upon so short examination. I confess I might have passed some upon false suggestion and wrong information; but you are not to recall them before they be examined before the judges. And here I have heard it complained of by divers of my learned counsel in the law that they will, from time to time delaying the parties, still call for patents without just ground, and so put the subjects still to more charge and consequently put a scorn upon my patents. Therefore, I advise [f. 207] you to be careful that you have a good ground before you call for your patents, that you do not defraud the parties.
Hereupon falls out that which I speak to the face of many here present. The lawyers of all the people of the world are the greatest grievance to my subjects, for when the case is good for neither party, yet it proves good and beneficial to them. Therefore, this I say to you, when you judge of patents, hear patiently, say not presently it is against the law, for patents are not to be judged unlawful by you. I must first believe myself and my Council, and then you are to give your opinions of the conveniences that may ensue thereupon.
And now I pray you take in good part my thanks and admonitions both, and I assure myself that you will take my fatherly admonitions, as well as my thanks in good part, as you ought to do from a king who ever is and still will be the father of your country.
VIII. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
May 290, Saturday
The Speaker was sent for up to the Upper House. The King being set, he made his speech to which both the King and the Lord Keeper replied.
Then passed the bills, the public ones with le Roy le veult, the private with soit fait comme il desire, the subsidy with le Roy remercie les seigneurs et les communes et accepta et ainsi le veult; and so to the clergy, remercie les prelates, etc.
And the Lord Keeper prorogued the Parliament until November the 2nd following.
[f. 122] The form of the conclusion of the first sessions [sic] of Parliament prorogued May 29, 1624, being Saturday, in the afternoon, to the 2nd of November, being Tuesday, in the same year.
The Speaker, with the Lower House being assembled in the Upper House of Parliament to attend his Majesty, the Lords and the Prince's Highness being present, spoke to this effect:
[f. 125] The effect of the King's speech delivered to the Higher House of Parliament where both the Lords and Commons were assembled on the 29th of May 1624, being the last day of the first session of Parliament.
Mr. Speaker and you gentlemen of the House of Commons, I will begin at the end of Mr. Speaker's speech, which was the presenting of the subsidy and thanks to me for suffering you to enjoy your privileges. For your subsidy, I thank you in the name of my grandchildren, to whom it is given and shall, God willing, be employed accordingly. I cannot tell how God may dispose of this business of the Palatinate or whether we shall recover it by war or peaceably; but (as I often said) I do not desire to live without I may see the recovery of it one way or other, and therefore, all that is given shall go that way, though I were not bound by act as I am. Nothing of this will I take to supply my wants, though I live in this necessity as I do, and though I have had less help of my people than any of my predecessors had this 100 years. But we shall have a meeting again in the beginning of winter and then I hope you will remember my necessities too.
For the other point concerning the privileges, I am to thank you on my part for having such respect to my honour and person as never House of Commons did show the like, for matters of scandals was no sooner moved among you but it was dashed. If when you come again you shall go on in this course, you shall crown this Parliament with a more happiness than ever any Parliament had.
And now, my masters, I will give you warning in some particulars against your next meeting. First, I would not have you hunt after grievances [f. 125v] but if it be a grieffual and hurt to the people, use gravity, temperance and moderation in examining of it, hear all parties. I have looked over those grievances which you delivered unto me yesterday in writing and I am glad there are no more nor no greater than those I find there. I will go thorough [sic] them all and weigh them thoroughly with my Council, judges and learned counsel and before your next meeting I will take a course for your relief in all.
But I must tell you I have grievances as well as you. First, that you make the matter of buildings about London a grievance. It grieves me for London, being the metropolis of this kingdom, I have had a desire as the emperors of Rome had, where he found it stramineam to leave it marmoream. I have no end in it but the honour of the kingdom. I did advise it. I have maintained it and well maintained it, and I marvel much you have condemned the [blank] without hearing the/
I have another cause of grievance, against Dr. [Thomas] Anyan, president of Corpus Christi College in Oxford, whom you have called in question touching church matters. You all took the oath of supremacy whereby you acknowledge me to be the supreme judge in ecclesiastical matters. I have referred the matter to the Bishop of Winchester who is visitor of that college, upon whose learning, gravity and, as I may so say, holiness I may well rely in that cause.
[f. 126] Another grievance of mine is that you have condemned the patent of the Apothecaries in London. I myself did devise that corporation and do avow it. The Grocers who do complain of it are but merchants. The mixture of those apothecaries' wares belongs to the apothecaries, wherein the grocers have no skill, and therefore I think it fit they should be a corporation among themselves.
Lastly, touching my patents in general, I find myself grieved that you call them in and condemn them upon so short examination. I may pass patents upon false suggestions, but you are not to recall them before the same be examined by the judges. You are not to call for them in except the ground be good or very likely at least. You are not to believe every doctor of law that says “it is against law”. Your judgement is too quick in those matters.
I pray take in good part my thanks and admonitions both, and I assure myself you will take my fatherly admonitions as well as my thanks in good part as you ought to do from a king who is and ever will be a father of your country. And this is as much as I have to say to you at this time.
Then the Lord Keeper spoke as follows. As a well-tuned viol, being struck well, will cause another that lies nearest him being set to the same key to yield a sound, but not with that perfection of harmony that itself does, so has your Majesty's most royal and gracious speech enforced me to say somewhat, though with much means being compared with your Majesty's [f. 126v] royal expressions. Here he fell to a particular distribution of our Speaker's speech, then of his Majesty's, of which he said, first, that the unanimity of both Houses and his Majesty can be ascribed to no other topic place but the mere goodness of God. Surely it is the Holy Ghost who as in the Acts descended about this time that is the author of this concord. Then applying himself to the Speaker he said: You do well to attribute that to the King's especial goodness to ask his people's advice in making of laws, for though from Henry 10 to Henry 80 the people have ever been acquainted with them, yet it has been by the especial grace of the kings. But it is true, lex est commanis sua sponsie. It is a contract between the king and his people and between the people among themselves, in which there must be a mutual consent, as was Exodus, 24: 3. Now for the royal assent, it is proper only to the King, as Genesis, 49: 10. That which is spoken there of Judith may be said of the King: he is the law giver by his assent and this power rests best in him who knows what is best for us, of whom it may be said, as of God when we petition him, non dat aliquando quod volumus quia me hora novit. And as it is said of a skilful physician towards his patient non fecit medicus voluntatem sed sanitatem.
There are two precedents in scripture of Parliament. The first is 9 of Kings, 2:20, where Bersheba put up a private bill to Solomon, which the king at first seemed to grant but afterwards denied it; yet divines/
[f. 127] 4. Wadham College, soit fait.
5. Earl of Hertford, soit fait.
6. [Giles] Vandeputt, soit fait.
7. Informers, le Roi veut.
8. [Sir Robert] Anstruther, [Sir] George Abercromby, soit fait.
9. Dr. [John] Craig, naturalization, soit fait.
10. Stepney copyhold, soit fait.
11. Sir Thomas Beaumont, soit fait.
12. Sir Thomas Blisle [sic], soit fait.
13. The bill for restraining vain and unlawful sports on the Lord's day.
Here the King said: I am as careful of the due sanctification of this day as any can be, but I will not do contradictory things. Some puritan ministers when I came out of Scotland as I passed through Lancastershire [sic] had, I perceived, there forbidden my people all recreation on that day, whereupon I published my mind in print, which I must testify was that they might use their recreation after divine service. But your act forbids all lawful recreation on that day at any time. Whereas I would not have men think that bull-baiting, bear-baiting, shooting, bowling and the like are all fit to be used after divine service is past, let the abuse of these things be restrained, but the passing of this act which denies them altogether on the Lord's day is no more but a giving of the puritans their will to take away all recreations.
And so to this bill, le Roi se advisera.
14. Lincoln, soit fait.
15. [Martin] Calthorpe, soit fait.
[f. 127v] 16. Sir Edward Engham, soit fait.
17. For popish recusants.
And here the King said: This touches many of my poor servants who have compacted with recusants before this time, and this calls all that into question which they did bona fide. Likewise, I told you you may be sure I will look into my own inheritance myself; and now I may say, although I have maintained religion ever since my reign among you, yet have I suffered persecutions both by books and tongues. But I must like a good horseman so handle the spurs and the bit as is to my best advantage. You have given me money to help me now for the Palatinate, but neighbours abroad must as well assist me as my subjects at home. I never meant to make it a quarrel for religion; but a law against papists would incite others against me that are of contrary religion, whose help I otherwise should have. Therefore, this is best to be left until next sessions [sic]. In the meantime, I command you, my Lord Bishops, as you will answer to God, to be as careful as if no connivance had been to descry and present all papists according to law, and by your doctrine to labour to win them. And for you, my judges, you shall go on in putting all my laws in execution against papists, both for the trial of them, hanging of Jesuits, disarming of papists, even as you did before there was any connivance, only reserving my profit until then ut [f. 128] ante. Lastly, my greatest care is for breeding my subjects abroad first, and secondly at home, in true religion. And I hear there are in Ireland and Scotland whole families of papists as well as at Madrid, but I will find the best way for reformation thereof as also for the education of my subjects both within and without the land.
And so the Clerk pronounced le Roi se avisera.
18. [Vincent] Lowe, soit fait.
19. Rampton, soit fait.
20. Swearing, le Roi veut.
21. Assurance of rent to the Bishop of Coventry and Lichfield, soit fait.
23. Abigail Little, soit fait.
24. Sir Edward Herne, soit fait.
25. Knives, soit fait.
26. Durham to send knights and burgesses to Parliament.
To this the King said: You have too many among you already, for you have lately added more, so that now you are almost 500 in the House of Commons, and you have many burgesses that come to Parliament from boroughs quite decayed, as from Old Sarum where there is nothing but conies, for I myself have been there and seen it. Besides, consider there is no decay of you as of your noblemen in your number. But if you will be content that those places that are quite defaced and decayed shall send no burgesses, as there is reason they should not because they have no due election by voices, but [f. 128v] the next lord or knight makes whom he pleases, then I will be content you enjoy the rest that are fit to send burgesses to Parliament.
And so the Clerk pronounced le Roi se advisera.
27. The Lady Dudley, soit fait.
28. Prince and Sir Lewis Watson, soit fait.
29. The Lord Montagu, soit fait.
30. Sir Richard Lumley, soit fait.
31. Painswick, Gloucester, soit fait.
32. Drunkenness, le Roi veut.
33. Sir Francis Stewart [and others], naturalization, soit fait.
34. Sir Robert Carr, soit fait.
35. [Sir] Stephen Lesieur, soit fait.
36. Dean of Winchester, soit fait.
37. [Jane and William] Murray, soit fait.
38. Certiorari, soit fait [sic].
This a destruction to the Clerk of my Crown. It takes away [Thomas] Fanshawe's living quite. Therefore, you must see him helped when you meet again.
But the King suffered the Clerk to pronounce this bill le Roi veut.
39. [Sir Peter] Vanlore, soit fait.
40. [Sir William] Anstruther [and others], soit fait.
41. Welsh cloths and cottons, soit fait [sic].
42. Wales' principality, soit fait [sic].
43. Thames to Oxford, soit fait [sic].
44. Justices' ease against contentious suits, le Roi veut.
[f. 129] 45. Elizabeth and Mary Vere, naturalization, soit fait.
46. Concealments, le Roi veut.
47. Jeofails, le Roi veut.
48. Sir Henry James to [Martin] Lumley, soit fait.
49. Information in intrusion to plead the general issue, soit fait.
50. For restitution of possessions by justices, le Roi veut.
51. Usury 8 per centum, le Roi veut.
52. 3 lectures in Blackfriars, le Roi veut.
53. [Sir Reginald] Mohun, soit fait.
54. Toby Palavicino, soit fait.
55. Woollen cloths, le Roi veut.
56. Bankrupts, le Roi veut.
57. [Philip] Jacobson, naturalization, le Roi se advisera.
58. Sheriffs' quietus est, le Roi veut.
59. Colchester haven, le Roi veut.
60. Hostlers and inns, le Roi veut.
61. Continuance and repeal, le Roi veut.
62. Sir Francis Clerke, soit fait.
63. Sir John Rivers's tenure in gavelkind, soit fait.
64. Butter and cheese, soit fait [sic].
65. Dying in executions, soit fait [sic].
66. Removing actions for ease of pleading, le Roi veut.
67. Monopolies of penal laws, soit fait [sic].
68. Non-payment of rent in the duchy, le Roi veut.
69. Women murdering bastards, le Roi veut.
70. Fines and recoveries unknown to the parties, le Roi veut.
71. Exchange of York House for some lands of the King's with Tobias Matthew, now Archbishop of York.
[f. 129v] The King said: I hear this bill stuck among you, my Lords, and also among the gentlemen of the Lower House. I pray consider that I am he that made the first act in the favour of the church and bishops, and I would not be contrary to myself. You need not, therefore, have questioned the bill for I have been always very careful of the church. But for this house, when I came into England I found it in my Chancellor's hands and so it has continued ever since; and if it had not been repaired, it would have fallen down, and then the bishop would have had nothing at all but ruins. As for Buckingham, who now has it, I assure you all he would never have taken it but that he knew beforehand I meant to provide for the bishop honestly and well, for Buckingham, I assure you, would rather be banished the kingdom than do any unjust thing, neither would he have accepted this now I have moved it otherwise than that the bishop and his see secured from all prejudice.
So the Clerk pronounced soit fait [sic].
72. Sir James Poyntz, Abbots Hall, soit fait.
73. Lionel, Earl of Middlesex, to make his land liable to his due debts.
Here the King said: I gave my Lords admonition in general concerning my Lord of Middlesex that they should make the punishment no greater than his crime, and therefore advised them to hear all things patiently and so to determine judicially and [f. 130] not to condemn in him what I had willingly consented unto, for that was mine own fault. And now how far I find they have proceeded according to my rules, so far I will punish; how far I find they have exceeded, I will add mercy. As for bribes, if he have taken any to the detriment of the party, I will punish it. But yet I am very glad I have so few judges questioned for bribery, there being but one so accused at this time. If my Lord of Middlesex have abused my credit, he must reddere rationem vilicationis, and so he shall as Master of Wards. I proceeded thus far in confirmation of your censure that the next Lord's day after he was censured I took both his staff and seal from him, and will still conclude to square my punishment to the weight of the offence.
But as it is lawful for grieved men to complain, so I would not have an inquisition of Spain raised in England that men should seek to inquire after faults; but if complaints come to you, judge of them accordingly but search not for them. You see I have not spared my judges that offend, for I have degraded one the last Parliament and another this and if I find that he has been false to me in my treasure, trust he shall be punished; if not, I must be merciful. But I must warn you for the time to come of one thing. Men shall not give informations against my officers without my leave. If there be cause, let them first complain to me, for I will not have [f. 130v] any of my servants and officers, from the greatest lord to the meanest scullion, complained on by any without my leave first asked but I will make him smart sorer that complains than he that is complained of. Neither will I have any man to presume to go to complain as if there were no king in Parliament. I will not suffer it. Be you to me as your king and I will be to you as my subjects. I would have been glad to have considered this bill before I had passed it, but since I see there is nothing in it but only to secure the creditors, which is a thing ordinary in Parliament, I will judge rightly.
And so the Clerk pronounced le Roi veut.
74. Licence of alienation, Exchequer.
To this the King said: In haste nothing is well. The bill may be made good but unless it be cleansed it may hurt me. Another sessions [sic] what may not be to my prejudice I will pass.
So the Clerk pronounced le Roi se advisera.
75. The subsidy, le Roi veut.
Here the King said: If you had let me known [sic] the preface beforehand, I would have made it agreeable to my declaration, but now it must pass as it is.
76. Clergy subsidy, le Roi veut.
The King said: I thank them for this because it is given to myself.
77. The general free pardon, le Roi veut.
[f. 131] And the King said: You may now part with great joy, for there are more good laws and bills of grace passed than have been in many years before. Yet this shall not restrain my hand. Advise you well against the next sessions [sic] what is fit to be done and I shall assent. For patents I advise you as yesterday I did to restore them to the patentees and use more reverence hereafter to my broad seal. I desire you to lend your hand to help me in my particular as also in the making of good laws. For my revenue, I will be glad to lay it down at the feet of the Parliament. But I hope you will see me otherwise relieved then, for in Parliament this discretion should be observed ne quid detrimenti reipublicae, ne quid regi, and then we shall make a happy proceeding and conclusion if you keep you from things offensive to the king and kingdom.
Lord Keeper said: This Parliament is prorogued until the 2nd November.
Then the King said: I cannot devise how to desire you to come with better affection to Parliament. Therefore, I entreat you that when you come, to come with the same good wills I have now found in you. And now, my Lords [sic] Bishops, as I have given you all charge for papists, for education of their children and to instruct and labour to win them, so you must remember that as you have two hands you ought to use them both, that as with one hand you labour to suppress papists so with the other you be careful to sweep out the puritans. I [f. 131v] like none of them or their humours, for I think it as all one to lay down my crown to the pope as to a popular party of puritans. I would not have you scared with a speculation they have given in against the Bishop of Norwich who, if he be guilty, must be punished. But I am very far grieved at this, gentle bishops, that you call the ornaments of the church idolatry, being nothing but the pictures of the apostles and such like, as I have in mine own chapel. I praise my Lord of Norwich for thus ordering his churches and I commend it in spite of all the puritans, and I command you, my Lords [sic] Bishops, to do the like in your several dioces[es]. I must also commend my Lord of Norwich for suppressing of popular lectures within his diocese, I mean such as are nowadays most frequented, being supplied and held up by such ministers as have not curam animarum where they preach, for such must flatter and cog and claw the people, and therefore I will never allow them. If my Lord of Norwich puts down ministers that are conformitants, and make such divines as are not to be allowed by my laws, or be guilty of extortion, I will punish him for this according to his desert.