Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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WEDNESDAY, 14 APRIL 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 766; f. 138]
Mercurii, 14 Aprilis 1624
L. 1. Clothworkers of London.
L. 2. An act for the naturalizing of Sir Robert Carr.
L. 2. An act to enable Martin Calthorpe to make sale of certain lands.
Sir Edward Peyton
Knights, burgesses of Norfolk and Suffolk
Sir Walter Earle
Sir Thomas Estcourt
Sir Henry Poole
Mr. [Francis] Fetherston[haugh]
Mr. [John] Drake
Sir Clement Throckmorton
Thursday, sevennight, Court of Wards, 2 [o']clock. All parties to have notice.
L. 2. [Robert] Wolverston's bill.
This day sevennight, Court of Wards, 2 [o']clock. All parties to have notice.
[f. 138v] [Thomas] Cope's bill. Friday next, 2 [o']clock.
Sir John Savile
Sir Thomas Denton
And all lawyers that will come to have voice.
L. 1. An act against troublesome suits commenced against justices of peace.
L. 1. An act to prevent the great charge, expense and other inconveniences which diverse of his Majesty's subjects dwelling in counties remote from London and Westminster are put unto by prosecuting and bringing of actions of debt, covenants and other actions.
SIR GEORGE CHUDLEIGH reports Sir Reginald Mohun's bill. The amendments twice read.
Ordered, to be engrossed.
L. 2. An act for better ordering of the office of the Clerk of the Market.
|Sir George More||Sir Robert Pye|
|Sir John Stradling||Sir Robert Jackson|
|Mr. [Edward] Liveley||Mr. [John] More|
|Mr. [John] Saunders||Mr. [John] Bankes|
|Mr. [John] Carvile||Sir William Spring|
|Sir Nathaniel Rich||Mr. [William] Mallory|
|Sir Thomas Grantham|
And all that will come to have voice. Saturday next, Star Chamber, 2 [o']clock.
MR. [JOHN] WANDESFORD reports the bill for to enable the county of Durham to send burgesses. The amendments twice read.
[f. 139] SIR JOHN SAVILE. Thinks Barnard Castle no fit town to send burgesses to Parliament.
The bill recommitted. Friday next, 2[o']clock, Exchequer court.
|Sir Guy Palmes||Mr. [Christopher] Wandesford|
|Sir Henry Poole||Sir Walter Earle are added to the committee.|
|Sir Henry Vane|
|Sir George More|
|Mr. [John] Carvile|
|Sir Francis Brandling|
L. 2. An act for reversing and altering of erroneous judgements and decrees in courts of equity.
|Sir John Stradling||Sir Thomas Holland|
|Sir Henry Poole||Sir Nathaniel Rich|
|Mr. [Edward] Alford||Sir Guy Palmes|
|Mr. [John] Carvile|
|Sir Robert Killigrew|
|Sir Francis Seymour|
|Sir Thomas Lucy|
|Sir Peter Heyman|
|Sir Thomas Grantham|
And all to have voice. And the lawyers especially required to attend. Thursday next, 2[o']clock, Star Chamber.
SIR JOHN STRANGWAYS. A bill committed for Beaminster [Secunda]. The decree prosecuted depending this bill in the House by attachment and other process upon that decree.
Sir Edward Coke
Mr. [John] Drake added to the committee.
Ordered, the Speaker shall write a letter to the Lord Keeper to have proceedings forborne in this case and a command to the party to forbear.
[f. 139v] The Master of the Feltmakers that came to prefer a bill into this House, taken by a serjeant and committed to the Fleet. £2,000 bond offered, but not accepted.
The committee for courts of justice to examine this and report it to the House at their next sitting.
SIR JAMES PERROT. A petition for recusants to be presented.
MR. TREASURER. Was spoken to yesterday by some of the Lords to know what became of this petition. They expected to hear from us about it.
SERJEANT [RICHARD] DIGGES. To have [a] new day for [Sir Thomas] Redferne's bill. Friday, 2 [o']clock, Court of Wards.
Sheriffs' accounts. Tomorrow, 2 [o']clock, former place.
Secret offices. Friday next, Star Chamber. And all the lawyers to have voice and attend it.
SIR ROBERT PHELIPS reports from the committee for courts of justice. Some petitions read and rejected, some retained. The Feltmakers' rejected. Left them to prefer their bills, if they would. One Land's petition rejected. [Robert] Grice's cause to be heard this day, [Edward] Throckmorton the second place, Lady Darcy next. One Mistress Thomas the next. Some petitions not yet read. Will show what is done. One particular thing: [John] Grimsditch against the Lord Keeper and Register. A cause determined to be heard. Agreed that a commission to examine supplemental proof. This issued out accordingly. Cause came to be heard in this Lord's time upon super materiam. A petition from the other parts to suppress the supplemental proof because, they said, there was order for it. [f. 140] Lord Keeper disallowed this supplemental proof because not fit to be used and no order for it in court. Another particular, that upon the hea/
Resolved by the committee, Lord Keeper had done nothing but what fit for him to do.
Secondly, the registers. 2: master and servant; Churchill, [Laurence] Washington. That his hand to an order that was not entered. Found that he was abused by Churchill. He being at the court and taking notes for the order, drew up an order. Churchill makes this order and puts on it "examinatur", as if entered, and comes along with Grimsditch to his master, to which he put his hand. This order carried to the Lord Chancellor Bacon, and carried to him by Sir Thomas Perient, and brought out interlined with the Lord's hand, as was said. But this Sir Thomas Perient denied. But this alteration proved to be with Churchill's hand. The committee thought that Churchill had committed an offence in this particular. Leave the punishment to the House.
A petition read from Mr. Grimsditch to have the cause heard again, as before, super totam materiam.
Ordered that Mr. Churchill shall attend the House de die in diem, during the pleasure of the House, and a letter written by Mr. Speaker to the Lord Keeper to have this cause heard again super totam materiam as he shall think fittest.
The petition read touching recusants.
Mr. Treasurer and all the Privy Council of the House sent up with it to the Lords.
Inferior courts. Tomorrow morning. And all to have voice. Committee Chamber.
[f. 140v] L. 2. An act for repairing of the ancient haven of Colchester and for paving of the said town.
Knights, burgesses of Suffolk and Essex, Norfolk and all the port towns
Mr. [Edward] Alford
Serjeant [William] Towse
Saturday, Court of Wards, 2 [o']clock.
L. 2. An act for the catechizing and instruction of children.
Sir Edward Giles
Sir Thomas Hoby
Sir Anthony Forest
Sir Nathaniel Rich
Sir Henry Poole
Mr. [John] Drake
Sir Oliver Luke
Mr. [Edward] Hungerford
Sir Charles Morrison
All that will come to have voice. Monday, 2 [o']clock, Star Chamber.
MR. TREASURER reports from the Lords. Had this answer: for the time, they had entreated the Prince to know the King's pleasure when to attend, and the same men of their House that attended the conference in the Painted Chamber.
Our committees of 48.
[f. 141] MR. SOLICITOR reports from the committee appointed to search the Merchant Adventurers' books. First, the sums received and disbursed. Second, their orders. Have per- [CJ 767] fected the first. November 1614, the new company set up. January, 2 years after, the old patent restored. In this interim they held no court. During that time, no record extant. 1616, January, the company had their patent again. Disbursed yearly 5 thousand/
£13,000 and odd pounds went out upon the by. The imposition on cloth laid presently, and imprest money, which comes to 5s. and 7s. 6d. £20,000 raised, and out of this their ordinary charges. 66 thousand [pounds] raised by their imprest. They allege that out of the imposition money they are to collect all their charges. Borrowed their money at interest; that appears by their books. Desire the allowance of that interest. This the sum of that they collected out of their books.
A message from the Lords by Serjeant [Sir John] Davies and Serjeant [Sir Henry] Finch. The Lords have received a bill concerning Wales for repeal of a branch of a statute. Stands committed there. Some doubts arisen. Desire that a conference may be about it. Their number 12. A proportionable number of this House. 8 [o']clock tomorrow morning. And have sent a bill also for the naturalizing of Lord Marquess [of] Hamilton, which in regard of the quality of the person, they have sent alone.
Agreed, a proportionable number of their/
Answer: this House will give a meeting and conference as is desired with a proportionable number.
These 24 are appointed to confer with the Lords tomorrow morning, 8[o']clock, about the bill of grace for Wales.
L. 1. An act for the naturalizing of James, Lord Marquess of Hamilton.
L. 2. An act for the naturalizing of James, Lord Marquess of Hamilton.
2 [o']clock this afternoon, Court of Wards.
[f. 142] Mr. Solicitor's report to be considered of by the committee for trade tomorrow afternoon.
Continuance statutes. Tomorrow morning, 8[o']clock.
II. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Mercurii, 14 Aprilis 1624
SIR ROBERT PHELIPS'S reporte pur le Lord Keeper.
Petition pur popish recusants et Jesuits mise al les seignours.
Bill pur paving Colchester, committe.
2. L. Bill pur catechisinge infants, committe.
Message del seignours par Sergeante [Sir John] Davies et Sergeante [Sir Henry] Finch pur conference sur bill de repeale de parte da 27 [sic] H. 8 pur Gales et est agree.
1. [L] et 2. L. Bill pur naturalizing le Marquess [de] Hamilton, ore porte par ceux messengers ove recomendacion.
III. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
Wednesday, 14th of April
[f. 132v] Until the King's coming, the County Palatine of Durham paid no subsidies.
The charge of the Merchants [sic] Adventurers for their courts and offices is yearly £2,000. They borrowed money at 9, at 8 and 7[%], and £15,000 at 6[%] in the hundred.
Sir John Davies and Serjeant [Sir Henry] Finch came from the Lords to desire a conference tomorrow morning about a bill concerning the principality of Wales and taking away a proviso of the 34 of Henry the 8th, their number being 12.
IV. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1
Wednesday, 14 April
The Lower House of Parliament did by the hands of Sir Thomas Edmondes send this petition to the Lords, desiring their Lordships to join with them to present it to the King. Their Lordships did receive it and after some stay did return this answer. That the Prince would first make the King acquainted with it, and that then his Highness would send to the House of Commons that when his Majesty did appoint audience, the committees of both Houses which first did conceive and draw it into that model should present the same to his Majesty.
V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
[14 April 1624]
A bill by MR. [JOHN] CARVILE to lay all actions in the proper county but within 30 miles of London. First read.
Sir Reginald Mohun's assurance to his son perfected, and the word "baronet" passed.
The bill of the Clerk of the Market. Committed, Saturday.
Durham bill for knights to be engrossed.
The bill to regulate Chancery. Committed to Star Chamber, Thursday, and agreed. I have the copy and did it.
A letter to the [Lord] Keeper to stay process of contempt upon a bill here billed to [be] reversed, and the parties enjoined to stay upon contempt.
The Feltmakers delivered by order who came to prefer a bill, and was arrested to the Fleet.
[f. 64v] The bill of sheriffs' account[s], Thursday, [Ex]chequer [Chamber].
Secret offices, Saturday.
SIR ROBERT PHELIPS'S report. His justice in the chair in the [committee for] courts of justice. The Feltmakers' bill rejected yet left to bill. Mistress Lawne['s petition] rejected. Mr. [Robert] Grice's fine this day examinable. Mr. [Edward] Throckmorton against Sir Oliver Cromwell and the [Lord] Keeper. The Lady Darcy, who was denied quere impedit by the [Lord] Keeper, petitions, the advowson granted in the [Court of] Wards by the master and appurtenances queried.
Bill for catechizing, Monday, Star Chamber, all [to have] voice.
The petition sent to the Lords and agreed to go to the King when the Prince allows time, and 24 Lords, 48 of us as before.
The SOLICITOR reports the view of the Merchants [sic] [Adventurers'] books for receipts and orders. November 1614, new company set up. 1616, the old company had their patent again, and during that time they did nothing. They disbursed £75,700; to the King came £70,000. The rest to themselves in their use. They impose for use, and imprest for the repayment. 5s. a short cloth, 7s. 6d. a long. Continued 7 years by imposition £27,000 odd out of imprest £66,044 10s; their charge ordinary is £2,000 to be for 7 years taken [f. 65] out of the imposition, take out interest as they paid it will come short of their disbursement.
A bill to naturalize James, Marquess [of] Hamilton, Lord Steward of the House, sent from the Lords, who sits in the Upper House before, and was at committee last conference.
For the conference for Wales, they alleged a committee for conference may be named though absent.
VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Wednesday, 140 Aprilis 1624
An act for the reversing, ordering or correcting of erroneous decrees, judgements and orders in the courts of equity and for better preventing the like in time to come. 2. L.
MR. [EDWARD] ALFORD would have errors of judgements and decrees in the Chancery should be certified in the Exchequer Chamber.
Committed, and all that will come to have voice, and the lawyers especially to attend, tomorrow.
[f. 151v] At the motion of SIR JOHN STRANGWAYS on the behalf of the town of Beaminster [Secunda] in comitatu Dorset, ordered that a warrant shall go to the parties that follow the business against the town of Beaminster [Secunda] upon contempt for not obeying a decree out of the Chancery, which decree is here in Parliament complained of and laboured to be reversed, the suit having been of 80 years, that all process of contempt therein should be stayed and that a letter to that purpose should be written by the Speaker to the Lord Keeper.
Concerning Mr. Churchill:
SIR ROBERT PHELIPS. That Mr. [Laurence] Washington has done nothing but what became an honest man. He would have Churchill commanded to give attendance here de die in diem, that, having the brand on him, we may have him here in readiness if this term time we shall hear other complaints against him. Churchill did the last Parliament, being then found very faulty, expiate his fault by good service against the Lord St. Albans.
Ordered that Churchill shall attend this House de die in diem, and the Lord Keeper to be entreated by letter of the Speaker as from the House to rehear the cause between one [John] Grimsditch and the son-in-laws of Sir Roger Aston super totam materiam; but it is left to the Lord Keeper to admit, or not admit, of the supplemental proofs in that cause, and to hear it in what course he shall think fit.
[f. 152] Ordered, and the petition against recusants is now sent up to the Lords with request that it may with convenient speed be delivered by both Houses to the King.
Answer from the Lords: that the Prince says he will send to the King to know his Majesty's pleasure when both Houses shall attend him to deliver the same, and that the committees of both Houses which drew it may present it to the King.
An act for the naturalizing of James, Marquess [of] Hamilton, a Scotsman. This bill came from the Lords and is twice read together and committed.
VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Wednesday, the 14th of April
An act for relief of the art [sic] of clothworkers in London, etc.
An act for naturalizing Sir Robert Carr.
An act for [Martin] Calthorpe. Committed.
An act for establishing of lands late [John] Skillicorne's upon [Robert] Wolverston.
An act to make perpetual the act for the ease of pleading in troublesome suits against justices of the peace.
An act to prevent the great charges and inconveniences of small matters in drawing them from far to Westminster, etc.
Mr. [John] Mohun's bill, reported by SIR GEORGE CHUDLEIGH, is passed to the engrossing.
An act for better ordering the Clerk of the Market. Committed.
MR. [JOHN] WANDESFORD, the lawyer, reports the bill for the knights and burgesses for the count[y] of Durham and the city, etc. It is recommitted.
An act for regulating and better ordering and reversing erroneous judgements in the Chancery and courts of equity. Committed.
SIR JAMES PERROT moves to send up the petition that both the Houses have agreed on up to the Lords again and to know when it shall be presented to the King.
The House is informed by SIR JOHN STRANGWAYS that during the dependency of a bill in this House, there is a prosecution of the same cause in the Chancery.
Whereupon the House orders that the Chancellor shall be required by letters to stay the proceedings and the solicitors that follow it are required to stay.
SIR R[OBERT] PHELIPS reports the committee of courts of justice. That the Feltmakers' petition was rejected. That the committee did think the [Lord] Keeper was not faulty in [John] Grimsditch's cause; the fault was Churchill's, the register, who had by indirect means procured Mr. [Laurence] Washington's hand to an order. He moves that some course may be taken in such a cause to prevent that mischief which a register may do.
Churchill is ordered to attend a die in diem at the committee [sic], and my Lord Keeper to hear the matter again, and the Speaker is to signify so much to my Lord.
[p. 218] The petition is sent to the Lords.
MR. [JOHN] WHISTLER. After 8 weeks and more sitting, the committee of courts of justice has heard and ordered one complaint. The commonwealth groans under this extreme delay. The cause [?there] that consideration is not taken of those petitions that most concern the commonwealth and that others be rejected.
An act for the river and haven at Colchester. Committed.
An act for catechizing and instruction of children. Committed. See the old book for the parts.
The SOLICITOR [sic] reports from the Lords that the Prince will know the King's pleasure when to hear the petition and will let the House know it.
A message from the Lord[s] by Serjeant [Sir John] Davies and Serjeant [Sir Henry] Finch concerning a conference desired for the bill of Wales for the clause of the statute of 4 H. 8.
They brought the bill of naturalizing of the Marquess [of] Hamilton. The bill is read twice.
There was an order made that the knights, citizens and burgesses of every county, city and borough should present the names of all such popish recusants convicted or probably suspected and so declared by any act of state or council, that are in any place of charge or trust, and that those names be sent to the Lords and to move them to join in petition to the King with us concerning the same; and it is left to them to make that presentment upon knowledge or common fame. Any lieutenant or justice of peace may present them also, and the knights and burgesses have power to send for any in town to confer with them of such as they know.
VIII. DIARY OF SIR THOMAS HOLLAND, BODL., MS RAWL. D1,100
14 April, Wednesday
First read. An act for relieving the art [sic] of clothworkers in London.
First [sic] read. An act for the naturalizing Sir Robert Carr, knight.
Committed, Thursday, Court [of] Wards. An act to enable Martin Calthorpe to sell lands in Norfolk for the advancement of his younger children and payment of his debts.
Second read, committed this day sevennight. An act for the establishing the manors [blank] of Mr. [Robert] Wolverston.
First read. An act to enlarge and make perpetual an act made for the ease of pleading of justices of peace against vexatious suits.
First read. An act to prevent the great charge, expense and inconveniences/
[SIR GEORGE] CHUDLEIGH, report. The bill of Mr. [John] Mohun for establishing lands of Sir Edward [sic] Mohun upon John Mohun.
Put to the engrossing.
Second read, committed, all that come to have voices, Saturday, Star Chamber. An act for the better ordering the Clerk of the Market and reformation of undue weights and measures.
[f. 20] [MR. JOHN] WANDESFORD, report. The bill for the County Palatine of Durham to have knights, citizens and burgesses. Barna[r]d Castle.
Second read, committed, all [to have] voices, Monday, Star Chamber. An act for the regulating, reversing, and altering and correcting erroneous judgements, decrees and orders in the Chancery.
That where there is a suit commenced in any court against any member of the House, there should be a warrant to the parties at whose suit it is commenced and to the solicitors, and that a letter be written to the judge of the court to stay any suit. This is the opinion of the House.
[SIR JAMES] PERROT moves that the petition which is drawn and by conference agreed upon by the Lords may be sent up to the Lords with a desire to know when it shall be presented to his Majesty.
The petition is put to the engrossing and a message sent up to the Lords.
[f. 20v] [SIR ROBERT] PHELIPS'S account of the committee of courts of justice. The Feltmakers' petition was rejected. Mistress Lawnes's was also rejected. Mr. [Robert] Grice is this day to have his hearing, [Edward] Throckmorton next, the Lady Darcy then, against the Lord Keeper. Then Mistress Thomas's jointure was made liable to his debt.
Now what we have done. One thing resolved. [John] Grimsditch preferred a petition against the Lord Keeper and register that a cause being heard before the Lord Bacon, since in this Lord a supplemental proof, they who had married Sir Walter Aston's heirs the adverse proof. Upon search, there was no enter [sic] in the register. Upon the not entering that, the proof was rejected. This committee cleared the Lord Keeper.
A complaint against Churchill [f. 21] that he had put his hand to an order and none was made, but [Laurence] Washington put it on Churchill who drew up an order and put upon it "examinatur", as if it had been entered, and put his hand to it. This was sent to the Lord Bacon by Sir Thomas [blank], as was said, but that was denied by Sir Thomas, but it did appear it was Churchill's hand. It was judged had committed offence by putting his hand to that which was not entered, and abusing his master, Mr. Washington. This being dangerous to the subject, it is desired the House will consider the fact.
[MR. JOHN] WHISTLER. After 6 weeks sitting of the courts of justice there is only one petition heard, which the commonwealth groans under, and that which now is heard is not worthy the transmitting up the same to the Lords. Therefore, he moves that those petitions of greatest consequence for the commonwealth may be entertained and others rejected. [f. 21v] It is moved further by him that whosoever puts up any bill for reversing any decree or order, if his bill pass not, that then he be enjoined to perform the aforesaid decree.
Order. It is ordered that Churchill, for his offence, shall attend the House from day to day for their pleasure for his offence, and that Mr. Speaker is to write a letter to the Lord Keeper to entreat him to hear the business of Grimsditch again.
Second read, committed, Saturday, [Court of] Wards, all [to have] voices. An act for maintaining the river and haven and channel of Colchester and paving the town.
Second read, committed, Monday, Star Chamber. An act for the catechizing and instruction of children.
[MR.] TREASURER, report, the Lord Keeper['s] answer. That they had entreated the Prince to know the King's pleasure [f. 22] for an answer of the petition.
[MR.] SOLICITOR. For the Merch[ant Adventurers]. November 1614, new merchants were set up. 1616, the old merchants was restored. In the interim of two years, the old held no court, nor any record. January 1616, the company had an overture made. They did disburse £75,685, received [sic] £62,450. £13,237 laid out upon other occasions. Imposition money raised a third part. Imprest £66,042; [£]2,000 per annum is a good allowance for all their charge. The interest is to be deducted of money borrowed.
[f. 22v] A message from the Lords, [Serjeant Sir John] Davies and [Serjeant Sir Henry] Finch. They desire from the Lords that because some doubts have [a]risen concerning the bill of Wales, that a committee of the House may meet with them tomorrow in the Painted Chamber by eight of the clock, of 24.
First and second read in one day, committed this afternoon, [Court of] Wards. An act for the naturalizing James, Marquess [of] Hamilton.
7 April 1624. It is ordered by the Commons House of Parliament that the knights and burgesses of every shire and borough shall by themselves present to the House the names of such convicted or justly suspected persons as are in any place of charge or trust in their several counties or boroughs. This to be done against Saturday next. Any lieutenant or justice of peace to do the like and have power to send for such as they know to be [f. 23] in town to confer with them.
IX. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
April 14th, 1624
An act for relief of clothworkers.
An act for ease in pleading in troublesome and contentious suits against justices of peace.
SIR GEORGE CHUDLEIGH reported Sir Reginald Mohun's bill from the recommitment, which was ordered to be engrossed.
An act for reformation of abuses of the Clerk of the Market.
Several provisos were desired:
- 1. For rent corn reserved according to greater measures.
- 2. For such towns as have penalties in grant.
- 3. For other towns that have several customs concerning measures.
MR. [JOHN] WANDESFORD reported the bill for the County Palatine of Durham to send knights, citizens and burgesses to the Parliament.
After some debate, wherein was objected:
- 1. The excess of number in the House already.
- 2. The meanness of Barnard Castle, being one of the towns to whom this privilege was granted.
- 3. The precedent of Chester, which heretofore obtaining the like privilege was nevertheless limited to 2 knights and 2 citizens.
- 4. That small towns not able to furnish men themselves give opportunity of packing Parliaments.
To which was answered:
- 1. That heretofore they were exempted from the charge of subsidies, whereunto being made liable it is just to give them a voice in the grant.
- 2. That Barnard Castle is a reasonable town already, and that small towns by good government and privileges are like to increase.
- 3. That this is a great county extending above 30 miles every way.
- 4. That it contains divers gentlemen of ability for the service if the townsmen be unable.
The bill was recommitted.
An act for regulating the Chancery and other courts of equity.
A special writ of error to the justices of the King's Bench and Common Pleas for review of decrees, with power to award supersedeas for stay of execution. [f. 64v] A certiorari for certifying of evidence and all former proceedings to be showed at the review. Two justices of such court to sit in the Chancery and for that purpose 7 justices to be in each, for the maintenance of which 2 increased fees are imposed, viz. 10s. upon every decree of dismission, a writ of error xs., judgement of reversal xxs., other judgements xs., to be taken of the parties to whom those judgements are obtained.
Committed, and all that will come to have voice.
A petition of complaint by the Feltmakers, that having a bill depending in Parliament for reversal of a decree in Chancery, some of them prosecuting that business were arrested by a serjeant-at-arms and committed. Referred to the committee of privileges [sic].
SERJEANT [RICHARD] DIGGES reported [Sir Thomas] Redferne's bill, which was ordered to be engrossed.
SIR ROBERT PHELIPS made a report from the committee of courts of justice, wherein he mentioned divers laws [sic] depending, one only brought to hearing, which was a complaint by [John] Grimsditch against my Lord Keeper, which consisted in 2 points.
- 1. A commission being granted for supplemental proof and executed, my Lord upon the hearing refused to admit that proof:
- 1. Because it was dangerous and unusual.
- 2. Because the warrant for the commission was not entered.
In this the opinion of the committee was that my Lord Keeper had done nothing but well.
- 2. An order was produced under the register's [sic] hand as if it had been entered. The opinion of the committee was that Churchill had abused the register and had of his own head altered the order, pretending it to be my Lord Keeper's hand.
This office [sic] was thought too petty to be transmitted to the Lords; and that he might have some mark of an offender, he was commanded to attend de die in diem. And upon a petition exhibited by Grimsditch, it was ordered that the cause should be commended to my Lord Keeper for a new hearing.
The petition touching recusants, being engrossed, was sent up by MR. TREASURER, who returned their Lordship's answer that they would move the King for audience.
An act for catechizing of children.
MR. SOLICITOR made a report from the committee appointed to examine the Merchant Adventurers' accounts, which was to this effect. That in November 1614, that company was restrained until January 1616, being 2 years and 2 months, within which time there were no courts nor means of discovery what was done. Upon the restoring of their patent they disbursed £75,685, whereof £62,450 was to the King, £13,237 upon the by, for the raising of which money they had laid [f. 65] a new charge upon cloth. There was anciently a charge for the maintenance of the ordinary officers of the company of 8d. upon a short cloth and 12d. upon a long cloth, which afterwards was increased to 12[d.] and 18d., and now upon this [blank] 4s. more was added to the short cloths and 6s. to the long. This imposition came to £20,327 per annum, whereof £2,000 a year was spent in the ordinary charge of the company, the rest had gone to the discharge of this debt, which was all upon interest, whereof they desire allowance, and then the imposition to cease.
A message came from the Lords to desire a conference concerning the bill for the principality of Wales, which was yielded.
An act for naturalization of the Lord Marquess [of] Hamilton. This bill was, for the honour of the Lord, read twice and committed.
X. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Wednesday, the 14th of April
Bill for the quiet, etc. of justices of the peace, etc. against actions brought, etc. for executing their office. First read.
Bill for preventing the trouble, etc. of suits commenced against those that live in remote parts by laying the actions in London and Middlesex. First read.
Bill for reformation of the abuses of the Clerk of the Market. Second read, committed.
Bill for having knights and burgesses for the County Palatine of Durham reported and recommitted.
[f. 138v] Bill for regulating courts of equity. Second reading, committed.
SIR JOHN STRANGWAYS'S motion on the behalf of the tenants of Beaminster [Secunda], to have attachments stayed touching the business.
Ordered for a warrant to stay them and a letter to the Lord Keeper.
MR. [RICHARD] BUSHROD. The like complaint for arresting the feltmakers, who were directed to prefer their bill and were following of it.
Referred to the committee for courts of justice.
SIR JAMES PERROT'S motion concerning the petition against recusants, to have it expedited.
It was answered it was put to engrossing.
It was alleged the Lords did expect it.
SIR ROBERT PHELIPS'S report from the committee for courts of justice. Some petitions read and rejected. Among others, that of the Feltmakers, with direction to prefer their bill if they list. Others retained and remaining:
- 1. That of [Robert] Grice.
- 2. The petition of [Edward] Throckmorton.
- 3. The petition of Lady Darcy.
- 4. The petition of Lady Thomas.
Of things that passed there, the petition of [John] Grimsditch, commission going out for supplemental proof and 40 witnesses examined, at hearing rejected. Besides, the Lord Keeper at hearing testifying himself concerning £100, part of [f. 139] an account, whereas there was no such matter as they alleged. Grimsditch also complained against Churchill, the register, for abuses in entering orders, altering, etc. And the committee found him faulty therein.
A petition of Grimsditch against Churchill, and to have a rehearing in Chancery.
Ordered that Churchill should attend de die in diem, and that a letter be written to the Lord Keeper to entreat him to hear the cause again super totam materiam according as to justice he shall think fit.
The petition, being engrossed and brought into the House, was read.
A message went up to the Lords to know the Lords' pleasure for the time of the delivery.
The Lords answered the Prince would move the King to know when we should attend him. The number to be the same as at the conference.
MR. SOLICITOR'S report of the search of the books of the Merchants [sic] Adventurers. November 1614, the new company began. January 1616, the old company restored. No court kept in the interim. They disbursed £75,687, whereof to the King [£]62,450. The rest, [£]13,237, laid out upon the by. [f. 139v] They increased the impositions. Imposition money and 18d. on the long cloth and imprest money raised from 2s. 8d. the short and 4s. the long to [blank]. So in all 5s. on the [blank]. This continued 7 years, £20,327. Out of the imprest money, [£]66,044. Their yearly allowances amount to about £2,000 per annum. So as the interest of the moneys deducted, there remains little or nothing.
A message from the Lords. The bill concerning Wales. The Lords desire a conference about it tomorrow, 8 of the clock in the Painted Chamber, their number 12. Withal sent down a bill for naturalizing the Marquess [of] Hamilton.
The committee appointed for the conference.
[James, Marquess of] Hamilton's bill first read, again read, and committed.
XI. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
April 140, Wednesday
A message to the Lords about the petition of religion. The Prince undertook to move the King for a time when the committees should come to him.
A bill sent down from the Lords for the naturalizing of Marquess [of] Hamilton with a special recommendation.
A message from the Lords for a conference next morning about the Welsh bill for the repeal of a branch of the statute Henrici 8vi, 34. Vide March 170.