House of Commons Journal Volume 1: 08 May 1624

Sabbati, 8 Maii, 1624

Privilege.

SIR Will. Cope moveth for Privilege, at the Suit of Will. Pope, in the Common Pleas. - Granted.

Balcanquall's Nat.

Balcanquall his Bill, - presently, Committee Chamber.

Mr. Coriton, Sir Rob. Moore, Sir Will. Spencer, Mr. Snelling, Sir Oliv. Cromwell, Sir Tho. Morgan, Mr. Risley, Mr. Godfrey, Sir Eras. Dreyden, Sir Rob. Killegrue, added to the Committee.

Larceny.

L. 2. An Act concerning petty Larceny, and the Punishment of the Offenders therein: - Committed to Sir Guy Palmes, Sir Jo. Stradling, Sir Geo. Moore, Sir Edw. Peyton, Mr. Rich. Spencer, Sir Tho. Morgan, Sir Hen. Anderson, Sir Rob. Cooke, Sir Gil. Jerrard, Sir Geo. Chudleigh, Mr. Drake . - All, that will come, to have Voice :

- Monday next. Two Clock, Court of Wards.

Balcanquall's Nat.

Mr. Spencer reports Balcanquall's Bill, without Amendments.

Earith, &c. Marshes.

Mr. Pym reports Earith and Plumsted Bill Amendments twice read. -

Ordered, To be ingrossed.

Somervyle's Estate.

Mr. Wentworth, the Knights and Burgesses of Gloster, Hereford, and Woster, Mr. Carvyle Mr. Kirton, added to the Committee for Somervyle's Bill.

Grievances. - Lady Dale's Case.

Sir Edw. Cooke reports from the Committee of Grievances, the Lady Dale's Case. - After Sir Thomas Dale's, Death, his Study and Chests broken open. - Offered, by some of the East India Company, to shew all their Books:

Sir Tho. Midleton, Sir Clem. Throckmorton, Sir Pet. Hayman, Sir James Perrot, Sir Thomas Estecourt, to look of the East India Books, and Accounts, concerning Sir Tho. Dale; and to end the Difference, or else certify the House: - To meet on Monday next, Exchequer Chamber.

Moor-burnings.

Sir Tho. Riddall reporteth the Bill of Moor-burnings.

Amendments twice read. -

Ordered, To be ingrossed.

Edwards' Decree.

Mr. . . . reports Edwards' Bill. Amendments twice read. -

Ordered, To be ingrossed.

Butter, &c.

L. 3. An Act for Explanation of a Statute, made concerning Traders of Butter and Cheese: - Upon Question, passed.

Durham Franchise.

L. 3. An Act, that the County Palatine of Durham may send Knights, Citizens, and Burgesses, to Parliament: - Upon Question, passed.

Relief of Creditors.

L. 3. An . . for Relief of Creditors against such, as die in Execution. - Upon Question, passed.

Bastards.

L. 3. An . . to prevent the Murther of Bastard Children : - Upon Question, passed.

Rivers' Estate.

L. 5. An Act to enable Sir John Rivers to sell Lands :

- Upon Question, passed.

Bishop of Norwich.

The Heads against the Bishop of Norwich, read in the House, and allowed.

Sir Jo. Savyle : - To have this transmitted to the Lords, in Parchment.

Bills sent to Lords.

Sir Edw. Cooke to carry up the Bills, now ready passed, being Eight in Number. - Agreed.

Poor.

L. 2. An Act. -

Committed to Sir Geo. Moore, Sir Hen. Poole, Mr. Alford, Mr. Whitfeild, Mr. Trenchard, Mr. Louther, Sir Tho. Estecourt, Sir Jo. Stradling, Sir Edw. Peyton : And all to have Voice : - Monday, Seven Clock, Court of Wards; and so every Day, at Seven, till Eight only. The Committee to take Consideration of all other Things of the like Nature.

Fees in Boroughs.

Bill for Fees in Borough-towns, - Monday, Two Clock, Court of Wards.

Sir E. Villiers.

Mr. Wainsford: - That somewhat hath fallen out, in the Examination of Fowles' Business, which reflecteth upon a noble Member of this House, Sir Edw. Villiers. That he desireth, it may be examined by that Committee. - - Resolved.

Report.

Sir Rob. Philips' Report, Monday next.

Heralds.

Sir Fran. Seymour reporteth from the Committee for the Heralds Abuse. - That they began with York's Petition. He made Herald at Arms by Queen Elizabeth, under the Great Seal, with all Fees. That sequestered from this by the Lord Marshal, and from the Fees ; but appeared, this was done not only by the Lord Marshal, but by the other Commissioners for the Earl Marshal. That he was sequesteted from his Fees, only by a blind Order of the Heralds, that, whosoever kept back any Fees, due to the general, should be suspended. That the 8l. received by him, was not for the general, but for one Knight, who owed him 12 l. for which he kept it. That 300 l. kept from Yorke, upon this. That, for suing for this in Chancery he was imprisoned 18 Months; but, by an Order of the Lords of the Council, upon a Letter from the King. Yorke said, they were corporate, not subject to the Earl Marshal's Court; but had their Places, and Fees, under the Great Seal of England. That, upon his Release, One of his Sons and Servants were committed to the Gatehouse, for Six Days, and, for Part, close Prisoner. This, as was alleged, was for publishing a scandalous Book. That Haggat, Lord Marshal's Secretary, with some of the Heralds, broke open York's Doors of his Lodgings, mured up his Doors, and, put out his Servants. They offered him after, to leave these free to him, so he would go with them into his Study, and let them take out such Books as belonged to the Office. -

A Patent under the Great Seal of England, 1o Jacobi, to Clarentius, for Survey of all Counties on this side Trent; but no Power to take Fees. - Two Deputations from

Clarentius, but no Fees. - Yet confessed, they took Fees : 45s. for a Knight, 35 s. for an Esquire, and 25s. for a Gentleman. - The like Deputation after, with these Fees.

- That they confessed not above 200 Marks in Wiltshire, 120 l. in Somerset, and not above 200 l. in Gloster. That they challenge now to take these Fees by Precedent: Produced a Book of Visitation in the Queen's Time. In some Places, much more for Fees set down; in some, less ; in some, none. The Committee resolved, these were rather Gratuities of Bounty, than Fees. - Being pressed, to see the Particulars of the Receipts in these Shires, they said they kept no Account of them. -

For the Warrants formerly read in the House; these both conceived by the Committee to be a Grievance; and so their Visitations, as now used. For the Fees, demanded at Funeral; these procured at the Suit of the Heralds to the King, and upon Reference by him to the Commissioners of the Earl Marshal. Hereupon, the Fees for a Gentleman, 40s. an Esquire, 6l. 13s. 4d. a Knight, 10 l. a Baronet, 13 l. 6s. 8d. a Baron, 25 l. a Bishop, 25 l. a Viscount, 30 l. an Earl, 35 l. a Marquis, 40 l. a Duke, and Archbishop, 45 l. - Many Mistakings in their Certificates ; their Fees excessive; their Service unprofitable, and without Precedent, and not warranted by any Law. -

That the Increase of the Knights Fees, From 17 l. to 48 l. the know nothing of it: Have only themselves 5 l. That they, by Custom, take 5 l. in a corporate Town, where the King passeth through, with the sword before him. -

That, for Harris' Case, their Certificate, for which they took 40 s. was conceived not to be right; but yet they delivered no Opinion, because Herris not present.

Answer from Lords.

Sir Edw. Cooke reports from the Lords. - He delivered them the Eight Bills : Desired them to remember the Bill of Monopolies : Then desired a Conference, concerning Offences of the Bishop of Norwich; and then put them in mind of the Bill of Concealments. -

Answer: - Would expedite the Bills: For Monopolies ; have appointed Three Clock this Afternoon, in the Painted Chamber : Ordered the Lawyers to attend, and be present an Hour before, in the Court of Wards. -

For the Bishop of Norwich: - That the House was not full; therefore would take it into Consideration, and send Answer by Messengers of their own. -

For the great Peace-maker, the Bill of Concealments; the King's Counsel, upon whom they were to rest, were now so extraordinarily busied, that they could not, for the present, attend it; but would, with all possible Speed.

Heralds.

Sir Rob. Philips, for the Matter of the Heralds. - To appoint some learned Member of the House, Civilians, and others, to consider of the Power and Jurisdiction of this Court; and, in the mean time, to enquire what Money the Heralds have raised of the Counties.

A Petition from the Heralds read.

Trade.

Monday, Eight Clock, Debate of the Matter of Trade. Mr. Speaker to sit by.

Marshal's Court.

Resolved, To let the Consideration of the Jurisdiction of the Marshal's Court rest till next Session.

Heralds.

Sir Rob. Pye: - That the Kings of Heralds have 40 l. per Annum Fee, from the King; the other 40 Marks, and 20 l, and 20 Marks. - That the Consideration of their Fees, taken in the Country, shall be considered of the next Session.

Bills from Lords.

Serjeant Davis and Sir Will. Byrd bring from the Lords Three Bills: 1. Concerning Brewhouses, specially recommended by the Prince : And Two Bills passed us, with Amendments.

Brewhouses.

L. 1. An Act concerning Brewhouses in and about London and Westminster.

Heralds.

The House upon Question, declare their Opinions to be, that these Visitations by the Heralds, as now used, by these Warrants, are a Grievance.

Sir Edw. Cooke: - That 13 Rich. II. the King made one a Gentleman, by Letters Patents under the great Seal.

Subsidy.

Monday, Four Clock, for the Subsidy.

Members not to depart.

Sir Wal. Earle : - To enjoin all the Members of the House, in Town, not to depart, without special Leave. The Resolution hereof respited until Monday.