House of Commons Journal Volume 1: 22 May 1624

Sabbati, 22o Maii

Several Orders.

SURVEY of Sea-coals to be heard the first Cause on Monday, after the Business of the Staplers ended.

The Committee for the Lady Jermy, to meet Two Clock, Exchequer Chamber; and to be reported first upon Monday next, by Sir H. Poole.

Lady Boteler's Cause, second Cause.

The Business for Exactions in fishing in Ireland, third Cause.

Dongeon-nesse Light-house, the next Cause.

Ly. Dale.

A Certificate from the Committee for the Lady Dale, read.

Ordered, Her Petition shall be delivered up to her, without Prejudice.

Whettonhall's Lectures.

A Proviso in the Bill for Three Lectures upon Whettenhall's Will twice read.

Upon Question, not to be committed.

The Proviso thirdly read, and, upon Question, passed.

Privilege.

Ro. Hall, that served the Process upon Sir Ro. Brooke, brought to the Bar, and charged by Mr. Speaker with this Offence, of serving Process upon Sir Ro. Brooke, and with an Order, at the Parliament-door.

Mr. Hall: - That when he bespake the Process, it was before the Parliament, and knew not then he was to be a Parliament-man : Gave no consent, either to the serving of the Process, or Order; but was discontented when he heard it was done.

The Servant called in to the Bar, being Yesterday committed to the Serjeant, and asked, who set him on to serve the Process; he said, his Master bade him go along with Mr. Greene, and Greene bade him serve the Process, and to wait for Sir Ro. at the Parliament-door.

Mr. Greene to be sent for by the Serjeant: And these Two to attend de die in diem.

Abusing the Serjeant's Man.

Upon Complaint made against Withers, the Serjeant's Man, who took him, related at the Bar, how he was with-stood and abused by one .... at whose House Withers lay; - That Withers assisted him and kept him from Wrong.

Patent to be brought.

An Order for one..... that hath the Patent in his Custody, to bring it in.

Yorke Castle.

The Report about Yorke Castle, to be made to the House Eight Clock, Monday.

Inferior Courts.

The Amendments in the Bill for removing Actions out of inferior Courts twice read, and committed... Sir Ed. Coke, Sir H. Poole, Mr. Noye, Mr. Shervyle, Mr. Ducke, Sir Tho. Wentworth, Sir P. Hayman, Sir Guy Palmes, Mr. Pymme, Sir N. Rich, Sir Francis Barrington, Sir Tho. Escort, Sir Gilbert Gerrard: - Two Clock this Afternoon, Court of Wards.

Fowles.

Mr. Wandesford's Report, for Fowles, on Monday, next after Yorke Castle.

Fleete Prison.

For the Fleete, on Tuesday, Eight Clock.

Statutes.

The Amendments in the Bill of Statutes, twice read, and committed to a Committee of the whole House,

Mr. Speaker went out of his Chair, and Mr. Noye had the Chair.

Mr. Speaker going again into the Chair, Mr. Noye reporteth from the Committee, that they resolved, this House cannot amend the Lords Alteration, without a Conference ; but, with a Conference, may.

Resolved, by the House, A Conference with the Lords about the Clause of the Wines.

The other, for Wales, to stand as it is.

Sir Edw. Coke to go up, and desire this Conference.

Fees in Boroughs.

Sir Edw. Sands reporteth from the Committee of a Bill for Fees in Boroughs, Cities, &c. - That much Complaint was made of the City of London, for great Exactions of Fees within 15 or 16 Years. 50 s. per Annum grown to 50l. per Annum. The City justified by their Acts of Common Council, warranted by Acts of Parliament; and, that the Alteration of Times enforced the Raising of these Fees to the Officers. But answered, on the other Part, these Fees go not to poor Attendants, but to the richer Men, Givers of the Offices.

The Amendments of this Bill opened by Sir Edw. Sands: Which twice read. - Engrossetur.

Grievances - Alneger.

Sir Edw. Sands reporteth further for the Alneger's Business. - Complaint from Northampton: - Drapers, Mercers, and Hosiers. - This against Carpenter, and his Son, and their Rent-gatherer. -

The Office ancient, instituted for the Good of the People. First, a fit Man chosen for it; who made reasonable Demands; of Integrity, and Skill: But sithence granted to great Persons, who execute it by Deputies; who great Extortioners upon the People, and altogether abuse their Office.

The Office more ancient than Making of Cloth here. -

2o Ed. III. 14, measuring foreign Cloth, 11 Ed. III. he banished foreign Cloths, and invited Clothiers hither.

Conference.

Sir Edw. Coke reporteth from the Lords: - They will confer presently, with Sixteen, in the Painted Chamber. Mr. Treasurer, Mr. Comptroller, Mr. Secretary Calvert, Sir Edw. Coke, Mr. Noye, Mr. Solicitor, Mr. Hollys, Sir Tho. Wentworth, Sir D. Digges, Sir Tho. Barrington, Sir Guy Palmes, Mr. Lenthall, Sir Jo. Savyle, Mr. Shervyle, Mr. Mallory, Sir A. Manwaring, Sir Francis Fane, Sir Cl. Throckmorton, Sir W. Pye, Sir Ro. Killigrew, Mr. Fetherston, Mr. Bankes, Sir Francis Barrington, Sir Ew. Thelluall, Sir Geor. More, Sir Wm. Bowyer, Sir Nath. Rich, Mr. Spencer, Mr. Glanvyle, Sir A. Forrest, Sir B. Rudyard, Sir O. Cromwell: This Committee appointed to go, and confer with the Lords about this Bill.

Grievances. Alnageor.

Sir Edw. Sands proceedeth with his Report concerning the Alnageor. -

A Fee established to the Alnageor. - [a] That the Alneageor's Office, 17o Ed. III. forbidden to be granted for Life, or Years, but only at Will; and to be under the Treasurer's Dispose: Forbidden to be sold. - Is to account yearly.

The Abuses now Four Heads: 1. Usurping upon the Subject; extending his Office upon Stockings, Waist-coats, and Caps made of Wool. 2. Upon Cloth sealed before: Pressing the Retailer to seal, after the Clothier hath sealed. 3. Presseth the Seal upon Cloths less than half Cloths. They now seal their Seals by Bushels; so as the Seal, the Instrument of Right, now the Instrument of Deceit. They sell these Seals for 1 d. a-piece; whereof ought to have but 1 d. for a whole Cloth. 4. Exact Rents upon all that deal in Woollen Commodities; as Stockings, &c. 10s. per Annum yearly Rent: Their Fines uncertain. -

The Committee resolved to prefer this, in a Petition of Grievance, to the King, to reform the Abuse, and punish the Offenders. -

Moveth, some understanding Lawyers may, in this Vacancy, draw into One Act all the Duties of the Alnageor, and present it at the next Session.

Resolved, upon Question, That these Abuses shall be preferred, in a Petition of Grievance to the King, for Redress of the Abuses, and Punishment of the Offenders.

Sir Edw. Sands and Mr. Farrer to do this.

Mr. Barkeley to draw the Bill propounded by Sir Edw. Sands.

Cradocke.

The Sub-committee for Cradocke, to report to the House what they should have done to the Grand Committee.

Abuses by Lambe.

Sir Ro. Phillippes reporteth from the Courts of Justice,

1. For Lambe, upon a Petition from Northampton. - This in hand the last Parliament. He now grown worse than before: Gotten now to be a Commissioner in the Town, by a Junct; whereby he disturbeth the Peace of the Town, The Sub-committee gathered together all the Charge, consisting of Three Heads: 1. Vexation: 2. Extortion:

3. Bribery and Corruption. -

In the 1. - Kept Two Courts at Two Places, distant one from the other; made the Inhabitants in One Place to come to the other, and excommunicated those, which were mistaken in the Place of coming to him : Made his Brother his Register, himself thereby having the Benefit: Exacteth new Fees: Taketh Conusance of Title of Lands: Enforceth Wills, proved here, to be proved again; Refuseth Wills, ready ingrossed, to be ingrossed, to the double Charge: Taketh of every Widow, Administratrix, 33 s. 4 d. Conventeth for frivolous Business; as, for coming to Church in a foul Band ; ill Shoes; half-opening Shops on a Market-day, being an Holiday: Exerciseth the Oath ex officio, frequently : Delayeth Justice in Suits ; as, for Repair of Churches, &c. keeping them there, till they spent 20, 30, or 40l. -

For his Extortion: - Great, about Probate of Wills, Licences for Marriage, granting Administrations, Granting of Tutorships. -

For Bribery : - One Cradocke having a Cause depending before, would do nothing ... it, till he had Money for himself, his Clerks, &c. Taketh much Money for Commutation of Penance; taking Money for it, in Pretence, to pios usus, but, in Truth, to his own. 100 Marks paid by Buswell, for Commutation of Penance ; and 5l. given to his Wife, to buy her a Petticoat. -

The Committee thought fit (the Time of our sitting being now so short) that Lambe might be excepted out of the general Pardon, and, at our next Session, be further examined, and be proceeded with. The Consideration thereof referred to the House.

Mr. Solicitor; - That, in the general Pardon, Extortions, Briberies, and Corruptions, are excepted; which will reach Lambe,

Resolved, To let this rest till the next Session.

Grievances.

The Grievances, digested into a parliamentary Form, to be brought in upon Tuesday, after Dinner.

Petition against Abp. of Canterbury.

Sir Jo. Savyle reporteth from the Committee, for the Petition of Meredith Madyth against the Lord of Canterbury, that the Committee hath fully cleared his Lord-ship ; and all the Acts and Proceedings legal and just; and the Petitioner holden a clamorous Person.

Upon Question, the Lord Archbishop fully cleared; and his Proceedings just; and the Petitioner holden clamorous.

Popish Books.

Mr. Raynscrofte moveth, for some Course against Printing or Selling of Popish Books; whereof hath a Catalogue of Seven or Eight Score, printed within these Two Years.

Mr. Ravenscrofte and Mr. Pymme to examine the Catalogue of these Books, and other Circumstances about it; and to report the same to the House.

A Person admonished.

Mr. Madyfe, called to the Bar, and kneeling, was admonished by Mr. Speaker, to avoid any like Clamours hereafter.

Abuses by Cradocke.

Mr. Lenthall reporteth from the Committee for Cradocke. - That his [b] a high Commissioner for Durham, a Justice of Peace, and a Chancellor: Found to be a great Offender in all these: Confoundeth these several Jurisdic

tions, making the one to help the other. - 1. A Sequestration of one Ashen's Goods, worth 1,000 l. which very ordinary there. A Sequestration granted to Two Strangers. They ransacked the House, seized upon divers Bags: This done at the Funeral sermon. The Will being found, and Hawden Executor of it, could not get the Will proved. A second Sequestration granted. Cradocke, , breaking open the House, as a Justice of Peace, ransacked it: Offered an Oath, ex officio, to the Executor ; and, upon that, asked him, what he had done with the Bags of Money. New Sequestrators again appointed, his Man Sompner, &c. These eate up all the Provisions of the House: Took Hawden, and sent him to the Gaol, for a Force : - Could not be released, till 20 Pieces given; and then fined him 50 l. to the Bishop of Durham. This done out of any Sessions. 6l. Fees paid. No Act of Sequestration in all this Time made. - Thus also did in Rand's Case. - A forged Excommunication, as Mr. Richardson offereth to swear; Bribes taken, as a Justice of Peace; and all the Offences, reported in Dr. Lambe.- - That the Opinion of the Committee was, that this Man deserved greater Punishment than Lambe.

Wine Licences.

Sir Edw. Coke: - Necessitas lex temporis. - That the Attorney shewed a Dispensation, for Licences of Wines, in Queen Marye's Time, Queen Eliz. Time. - That it was a good Law. That Two Branches repealed in 1o Jac. yet this left. - That they at length yielded, this shall stand, during the Earl of Nottingham's Life.

House to sit, &c.

The House to sit at Three, and a new Conference at Four. - Resolved [a].