Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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MONDAY, 23 FEBRUARY 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12
[CJ 671; f. 4]
Lunae, 230 Februarii 1623
MR. [ROBERT] SNELLING delivers in the bill of the Sabbath, which passed both Houses last convention in Parliament, and has ever since 270 Eliz. passed this House.
L. 1a. An act for punishment of divers abuses on the Lord's Day, called Sunday.
SIR JAMES PERROT. A Jove principium. That, as in the 2 last Parliaments the communion administered, so now, as a sign of unity in mind and religion, and of our charity, and a thanksgiving for our meeting and for the Prince's safe return. Allowed a good motion.
The old order being read was allowed, and the like to be now observed.
SIR EDWARD CECIL. Glad that we in this course. Moves (as in the Low Countries used) a general fast for this House. This to be general through all the kingdom at a day to be prefixed. A bid-day called there; very bountiful to the poor there. This a subsidy of thanks to the King. To petition his Majesty for his consent to this.
SIR WILLIAM STRODE. To have this moved to the King by some honourable person about the chair. Hopes now no man of this [House] ill-affected of religion. The knights of the shires to take notice of all persons returned and to give information of any returned suspected in religion, whereof knows none.
SIR WILLIAM BULSTRODE propounds for the preacher Dr. [Isaac] Bargrave, minister of St. Margaret's [Westminster], the place agreed upon; the time, Sunday next.
SIR JOHN JEPHSON moves for the Bishop of Meath. Not to show any dislike of him, whom now we have proved.
SIR GEORGE GORING. Dr. Bargrave a very sufficient man, no disparagement to the other.
SIR NATHANIEL RICH. That he knows the Bishop of Meath desires to be spared.
Dr. Bargrave to preach, resolved.
Sir Francis Barrington, Sir Edward Giles, Sir William Bulstrode, Sir James Perrot, Sir William Pitt and the Clerk, to take care of those which receive the communion.
[f. 4v] SIR GEORGE MORE. A good beginning a good step to the end. The best beginning, to look to the end. The motions past tend all to the glory to God. This in the forefront of all statute books printed. The like motion 270 Eliz., and an order for 1 of the Privy Council to move the Queen. Else not fit, for this motion being general and not only for ourselves.
MR. SPEAKER. We power over ourselves only. The general, over the kingdom, not in our power.
SIR EDWARD WARDOUR accordant.
Mr. Secretary [Calvert] and Mr. Chancellor of the Exchequer and Sir Edward Cecil, to move the King forthwith in it.
SIR THOMAS HOBY for a view of all bills passed, ready to pass and thought fit to pass. No new bill to be read until those twice read, and committed.
MR. [JOHN] PYM. Private bills, at fit times, to be excepted.
L. 1a. Limitation of actions and for avoiding suits in law.
SIR MILES FLEETWOOD elects for Launceston.
SIR NATHANIEL RICH for Harwich.
SIR CLEMENT COTTERELL elects for Grantham.
SIR EDWARD CONWAY moves a new writ may be sent for a new election for Rye.
A general warrant to Mr. Speaker to make warrants for new writs in cases of death or double return.
SIR HENRY HOLCROFT elects for Stockbridge.
MR. [CHRISTOPHER] BROOKE elects for York.
SIR GEORGE GORING elects for Lewes.
SIR A[RTHUR] Ingram elects for York.
SIR THOMAS CHEKE elects as knight for Essex.
SIR JOHN STRANGWAYS moves an election for privileges.
[f. 5v] MR. [WILLIAM] MALLORY and SIR THOMAS HOBY. To have all that will come to have voice.
MR. SPEAKER put them in mind of the orders of the House, which never so in this.
SIR FRANCIS SEYMOUR. To have the question whether every man shall have voice.
MR. [EDWARD] ALFORD contra, because against all precedents.
Question, whether all that will come to have voice at this committee.
Question, whether the persons nominated only to be.
MR. [JOHN] PYM. Counsel to be admitted at the committee.
To begin on Thursday in the afternoon at two of the clock, and so every Tuesday and Thursday during the Parliament, in the Exchequer Chamber.
All petitions to be offered at the committee.
SIR EDWARD CECIL reports the King's answer of thanks for their good intentions, and will confer with his bishops, as usual in like cases, and will give answer.
MR. [JOHN] DELBRIDGE moves for a committee for grievances.
Resolved: a committee of the whole House, in the [CJ 672] House. Friday next to be the first day, at two of the clock, and so every Friday and Monday during this session.
SIR WILLIAM BULSTRODE for a sub-committee for grievances.
SIR ROBERT PHELIPS. No such committee last convention, but petitions presented to him that had the chair for grievances.
SIR ROBERT PHELIPS moves a committee of the whole House for courts of justice in the House, upon Wednesday next, and after every Wednesday during this session.
L. 1a. Act against profane swearing and cursing.
L. 1a. An act for the general quiet of the subjects against all pretences of concealments whatsoever.
[f. 6] Notice of a message from the Lords that shall be presently sent and therefore desire we will sit until it come, which is intended not to be long.
Answer sent by the Serjeant to the messenger without that brought it, that the House will sit.
L. 2a. An act concerning probate of suggestions of cases of prohibition.
MR. [JOHN] GLANVILLE. To have this bill committed. For safest for the passage of the bill; but presently to do it, and bring it back again.
SIR GEORGE MORE. No committing without some exception taken against it.
MR. [JOHN] BANKES. In the 4 counties of Northumberland, Westmorland, Cumberland and Bishopric of Durham, have assizes but once a year. To have provision here for them.
DR. [BARNABY] GOOCH. Prohibitions often mischievous, suits thrice affirmed in country, arches, delegates. To have prohibitions restrained to some time; costs to be taxed.
|Sir Edward Coke||Mr. Recorder|
|Mr. [John] Glanville||Mr. [Christopher] Brooke|
|Mr. Solicitor||Mr. [John] Bankes|
|Sir Robert Hitcham||Dr. [Barnaby] Gooch|
presently, in the committee chamber.
A message from the Lords by the 2 Chief Justices, Serjeant [Sir John] Davies, Serjeant [Sir Ranulphe] Crewe. Lord Chief Justice: the Lords have sent us with this message to this honourable House, that whereas the King's Majesty in his speech declared he would give direction to his Admiral and 2 Secretaries to deliver certain particulars of great consequence, the principal cause of calling this Parliament, the Lords, for the better correspondence of both Houses, which they earnestly desire, desire a conference between both Houses tomorrow, in the Painted Chamber, if this House think fit. The reason, because the Secretaries being to attend and make relation with their papers, any may ask any question, wherein the Admiral will give satisfaction.
MR. SPEAKER relates the message to the House.
[f. 6v] MR. [EDWARD] ALFORD. No man here, as he supposes, prepared to make demands, but to hear them; and then lawful for any member of it to ask any question to receive satisfaction, but no further.
SIR GEORGE MORE. When a conference about supply to the King, we refused to confer otherwise than to hear upon generals, without making any particular answer.
MR. TREASURER. The intent of this conference to inform us of the particulars of the heads delivered by the King, and then, if any doubtful, to propound and require satisfaction.
SIR EDWARD COKE. No man to speak there without warrant from the House. Now only to hear, and to speak nothing.
Resolved, to send answer to the Lords, with thanks for their desire of correspondence, that we will give a meeting (as a committee of the whole House) at the place and time desired.
Which accordingly delivered to them by MR. SPEAKER.
Leave to the 2 Secretaries, being members of this House, to make their relation among the Lords.
The 2 Secretaries and only 2 more, viz. Mr. Chancellor of the Exchequer and Sir Francis Cottington, to be added to them, and they 4 to make the report back to this House.
The committee brought back the bill for suggestions in prohibitions, with Omnia bene.
Upon question, ingrossetur.
SIR HENRY VANE elects to serve for Carlyle.
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 715; f. 1]
Lunae, 230 Februarii 1623
Lecta 1a. An act concerning probate of suggestions, in cases of prohibition.
MR. [ROBERT] SNELLING delivers in the/
SIR JAMES PERROT. A Jove principium musae. To have the members of this House, as in the 2 last conventions of Parliament, to receive the holy sacrament as a sign and symbol of our unity and charity.
The last order read, for receiving the communion.
SIR EDWARD CECIL. Glad that we have fallen upon the right beginning. He has lived in a country where never any great business undertaken without a general fast. Thinks, as our case stands, we have great need of the like to join in supplication to his Majesty, that it may be affected.
SIR WILLIAM STRODE. To have some honourable person to know his Majesty's pleasure. This holy duty of the communion all this House approve. To have all the knights of the shires take notice of all those that are returned. Then, if there any ill-affected in religion, will easily appear.
SIR WILLIAM BULSTRODE. The church where last administered, the fittest place. The lecturer there a fit man for it, Doctor [Isaac] Bargrave.
Ordered that St. Margaret's [Westminster] shall be the place.
SIR JOHN JEPHSON moves for the Bishop of Meath, who performed it the last time to all our contentment.
SIR GEORGE GORING. Doctor Bargrave a very worthy able man. A disparagement to him if another be brought in.
SIR NATHANIEL RICH. We have fallen upon 2 men very worthy. The Bishop of Meath desires to be spared, for some reasons.
Ordered, Doctor Bargrave to be the man and Sunday next to be the time.
[f. 1v] Sir Francis Barrington, Sir William Bulstrode, Sir James Perrot/
SIR GEORGE MORE. A good beginning a good step to a good end; and that beginning best that looks to the end. 27 of the late Queen, the like motion for a general fast; and then her Majesty's pleasure known by some of the Council. Not fit to have it done without acquainting his Majesty with it.
[CJ 716] SIR EDWARD WARDOUR. In the King's power only to appoint a general fast. To have one near the chair move the King.
MR. SECRETARY [CALVERT]. Desires to have Sir Edward Cecil be one.
Ordered, that Mr. Secretary [Calvert], Mr. Chancellor of the Exchequer and Sir Edward Cecil shall go presently and move the King.
SIR THOMAS HOBY. To have a view taken of all the bills in this House and no new bills to be read until all they have had 2 readings. The commonwealth groans for want of some of them.
MR. [JOHN] PYM seconds this motion, but will have other bills read by special order of the House and other private bills to be read in the morning before the House be full.
L. 1a. An act for limitations of actions and for avoiding suits in law.
SIR MILES FLEETWOOD, returned for 2 places, makes his election for Launceston.
SIR NATHANIEL RICH, the like, chooses to serve for Harwich.
SIR CLEMENT COTTERELL, the like, chooses Grantham.
SIR EDWARD CONWAY, the like, chooses to serve for Warwick.
SIR HENRY HOLCROFT chooses to serve for Stockbridge.
[f. 2] MR. [CHRISTOPHER] BROOKE chooses to serve for York.
SIR GEORGE GORING chooses Lewes.
SIR ARTHUR INGRAM chooses York.
SIR THOMAS CHEKE chooses to serve for Essex.
SIR JOHN STRANGWAYS moves to have a committee of privileges named.
Question: whether every man shall have a voice at the committee of privileges.
Ordered, upon question, they shall not.
Question: whether all shall have voice.
Resolved: no. Only the persons nominated to be. Counsel to be admitted at the committee to begin on Thursday next in the afternoon, 2 o'clock and so every Tuesday and Thursday during the Parliament in the Exchequer Chamber. And all petitions to be offered at the committee.
[f. 3] SIR EDWARD CECIL reports the King's pleasure. Thanks us for our good intents and would confer with his bishops, as he uses to do in like cases.
MR. [JOHN] DELBRIDGE moves to have a committee for grievances named.
Resolved: to be a committee of the whole House, Monday and Friday to be the days, 2 of the clock, in the House.
SIR ROBERT PHELIPS. To have a committee for courts of justice.
Resolved: to be a committee of the whole House upon every Wednesday, in the House, at 2 of the clock.
L. 1a. An act to prevent and reform profane swearing and cursing.
SIR HENRY POOLE. To have a survey taken of those bills that passed both Houses the last convention and to proceed with the best and most necessary.
A catalogue of them read.
L. 1a. An act for the general quiet of the subject against all pretences of concealments whatsoever.
SIR EDWARD COKE. To have the bill of informers next and then the bill of monopolies.
SIR EDWARD GILES. To have the order read for the receiving of the communion.
L. 2a. An act concerning probate of suggestions in cases of prohibition.
MR. [JOHN] GLANVILLE. To have it committed presently.
SIR GEORGE MORE. Not to be committed unless some exception be taken against it.
|Sir Edward Coke||Mr. [Christopher] Brooke|
|Mr. [John] Glanville||Mr. Recorder|
|Mr. [John] Bankes||Doctor [Barnaby] Gooch|
Sir Robert Hitcham
presently, in the Committee Chamber.
[f. 3v] A message from the Lords by the 2 Chief Justices, Serjeant [Sir John] Davies and Serjeant [Sir Ranulphe] Crewe. The Lords have sent this message. That whereas the King's Majesty in his speech did declare that he would give order to the Lord Admiral and his 2 Secretaries to declare unto both Houses certain particulars of great consequence, they, willing to give expedition to this so great a business, and to hold correspondence with this House, desire a conference of both the whole Houses tomorrow at 2 o'clock in the afternoon, Painted Chamber.
MR. [EDWARD] ALFORD. To return this answer: to give them a hearing but no further conference until we know the business.
MR. TREASURER. The purpose of the King and Lords much mistaken. The intent only to inform us of those particulars the King touched in his speech.
SIR EDWARD COKE. Mainly against, that any member should ask any question without warrant from the House. To come only with our ears to hear but to propound nothing.
SIR WILLIAM STRODE contra.
SIR DUDLEY DIGGES. The King's speech to both Houses. To return this answer/
Leave given by this House to the 2 Secretaries to open and declare the King's pleasure at this meeting.
This answer returned by the Speaker: this House has taken into consideration this message. They give thanks to the Lords for their desire of correspondence. They do embrace to give a meeting at the time and place as is desired. The whole House to be a committee.
SIR EDWARD CECIL. To have somebody to make report.
SIR NATHANIEL RICH seconds the motion.
SIR EDWARD GILES. To have the 2 Secretaries to make report and Sir Robert Phelips joined to them.
[f. 4] SECRETARY CALVERT. They are to have a part in it; and therefore incongruous for them to be reporters.
Ordered, that the 2 Secretaries of State shall make the whole relation back again to the House. Chancellor Exchequer, Sir Francis Cottington, upon question, added to them.
SIR EDWARD COKE reports the bill of probate of suggestions.
Ordered, to be engrossed.
Thursday the 1[st] appointed for the committee for privileges.
SIR HENRY VANE elects to serve for Carlisle.
III. JOURNAL OF THE HOUSE OF COMMONS, PA, BRY/73
Lunae, 230 Februarii, 210 Jacobi
At the first sitting of the House (immediately after prayers ended) was delivered into the House and read,
L. 1a. An act for punishment of diverse abuses on the Lord's Day, called Sunday.
This bill passed both Houses the last convention in Parliament, and the like bill in substance (as now upon the delivery in of the bill was affirmed) has passed this House ever since 270 Eliz.
SIR JAMES PERROT moves that, as in the 2 last conventions in Parliament, by order of this House every member thereof was to receive the communion, so as a sign of our unity in mind and religion, of our charity, and of our thankfulness for this our meeting and for the Prince's safe return, the like may now be ordered.
This was una voce agreed unto, and the former order being read was in substance confirmed and ordered to be now observed, and [f. 428v] follows in these words.
It is this day ordered by the Commons House of Parliament, that all the members thereof shall receive the communion in St. Margaret's church in Westminster upon Sunday next in the forenoon, being the last day of this instant February. And that whosoever shall not then and there receive the communion, shall not after that day come into the House until he shall have received the communion in the presence of some one or more of the persons hereafter appointed to that purpose, and the same be certified, and the certificate thereof be allowed by this House. And for the better discerning who shall then receive the communion, and who not, it is further ordered that Sir Francis Barrington, Sir Edward Giles, Sir William Pitt, Sir William Bulstrode, Sir James Perrot and the Clerk of this House shall take special notice of all such as shall then and there receive the communion. And that every member of this House shall then bring with him a note in writing containing his name and the shire whereof he is knight, or the city, borough or Cinque Port whereof he is citizen, burgess or baron. And that note [he] shall in the said church (when the same shall be demanded of him) deliver to the said persons before particularly mentioned, some or one of them. And the said persons so appointed are likewise to take particular notice of every member of this House at such time as he receives the communion. The place agreed upon for receiving the communion was St. Margaret's church in Westminster; the time, Sunday next, the last of this instant February; and Dr. [Isaac] Bargrave, minister of the said church of St. Margaret's, resolved upon by the House to preach at that time.
This was seconded by another motion, made by SIR EDWARD CECIL, for petitioning the King's Majesty for a general fast throughout the whole kingdom on one day. That this usual under the government of the States in the Low Countries, and is there called a bid-day, at which they are very bountiful to the poor. That this would be as a subsidy of thanks to the King's Majesty.
[f. 429] Another grave and ancient member of this House (allowing the scope of the motion) remembered the like motion to have been made in 270 Eliz., and the order to have been upon it for one of the Privy Council then of the House to move the Queen therein, else the motion, being general for all the kingdom and not for the members of this House only, not fit to be ordered in this House.
MR. SPEAKER. We have power over ourselves only; the general over all the kingdom is beyond our power.
Resolved, Mr. Secretary Calvert, Mr. Chancellor of the Exchequer and Sir Edward Cecil shall forthwith move his Majesty in it.
SIR THOMAS HOBY moves for a view to be taken of all bills depending in the House last convention in Parliament, which of them were passed, which ready to pass and which were thought fit by this House to pass. And that no new bill be read until all these be twice read and committed.
MR. [JOHN] PYM. Private bills, at fit times, to be excepted.
L. 1a. An act for limitation of actions and for avoiding suits in law.
SIR MILES FLEETWOOD, elected and returned a burgess for Launceston within the county of Cornwall and for Bletchingley in the county of Surrey, makes his election to serve for Launceston.
SIR NATHANIEL RICH, elected for Harwich within the county of Essex and for East Retford in the county of Nottingham, elects to serve for Harwich.
SIR CLEMENT COTTERELL, elected for Grantham and for Boston, both within the county of Lincoln, elects to serve for Grantham.
MR. SECRETARY CONWAY informs the House that whereas Sir Edward Conway, knight, his son, being now absent beyond the seas, is elected and returned a burgess for the town of Warwick and a baron for the port of Rye, the said Sir Edward Conway, the son, elects to serve for Warwick, and therefore prayed a new writ to issue for choice of a new baron for the said port of Rye.
Which was thereupon ordered accordingly.
[f. 429v] A general warrant granted by the House to Mr. Speaker (as has been usual in all former Parliaments) to make warrants to the Clerk of the Crown for new writs to be made in all cases of death or double returns during all this Parliament.
SIR HENRY HOLCROFT, elected and returned a burgess for Stockbridge in the county of Southampton and for Pontefract in the county of York, elects to serve for Stockbridge.
CHRISTOPHER BROOKE, esq., returned for the city of York and for Newport alias Medina in the county of Southampton, elects to serve for York.
SIR GEORGE GORING, returned for Lewes in Sussex and Stamford in Lincolnshire, elects to serve for Lewes.
SIR ARTHUR INGRAM, returned for the city of York and for Appleby within the county of York [sic] and for Old Salisbury within the county of Wilts, elects to serve for York.
SIR THOMAS CHEKE, returned one of the knights of the shire for the county of Essex and a burgess for the borough of Bere Alston within the county of Devon, elects to serve for the county of Essex.
SIR JOHN STRANGWAYS moves for a committee to be appointed to consult of all returns and privileges of the House during this Parliament, a motion usual in the beginning of every Parliament, and to this purpose were appointed:
These committees being named, motion was made that all the members of the House that would come to this committee might have voice.
But MR. SPEAKER remembers them of the orders of the House, which in this case never admitted any such generality.
Yet, some pressing to have it put to the question, it was upon question resolved negatively.
And upon a second question, whether only the persons above nominated to be of this committee, it was affirmatively resolved, yea.
The power given to this committee was to hear and determine all matters of returns and privileges during this Parliament, and to report their opinions and proceedings therein to the House from time to time for order to be therein taken by the House. And the said committee was appointed to meet for this service upon Thursday next at 2 of the clock in the Exchequer Chamber, and afterwards every Tuesday and Thursday at the same hour and place during the Parliament. And that all petitions concerning elections, returns and privileges should be first presented to the said committee. And counsel to be admitted and heard on all parts at the same committee.
[f. 430v] SIR EDWARD CECIL reports back to the House that, according to the commandment of the House, Mr. Secretary Calvert, Mr. Chancellor of the Exchequer and himself have moved his Majesty concerning a general fast to be forthwith had upon one day throughout all the kingdom. And that his Majesty returns thanks to the House for their good intentions, and will confer with his bishops about it, as he usually does in like cases, and will then give further answer therein.
A motion made for a committee for grievances. And resolved a committee of the whole House. The said committee to sit for that service upon Friday next in the House at 2 of the clock in the afternoon, and afterwards every Monday and Friday at the same hour and place during this session of Parliament.
Motion being made for a sub-committee for grievances, the House inclined not to it, but thought fittest that all petitions for grievances should be openly presented at the general committee.
SIR ROBERT PHELIPS moves for a general committee of the whole House for grievances concerning courts of justice, and resolved accordingly. The same committee to meet for that purpose upon Wednesday next at two of the clock in the afternoon in the House, and so every Wednesday afterwards during this session.
L. 1a. An act against profane swearing and cursing.
L. 1a. An act for the general quiet of the subjects against all pretences of concealments whatsoever.
An intimation of a message from the Lords (intended presently to be sent to this House) brought to Mr. Speaker by the Serjeant, with desire the House will sit until it come. And answer returned by the Serjeant to the messenger, staying without, which brought it that the House will sit accordingly.
An act concerning probate of suggestions in cases of prohibitions.
[f. 431] MR. [JOHN] GLANVILLE. To have this bill committed, because the safest for the passage of the bill. But to have it presently consulted of by the committees and brought back again.
SIR GEORGE MORE. No committing of the bill without some exception taken against it.
MR. [JOHN] BANKES. The counties of Northumberland, Cumberland, Westmoreland and the county Palatine of Durham have assizes but once in the year. To make therefore provision for them in this bill.
DR. [BARNABY] GOOCH. Prohibitions often mischievous. Suits thrice affirmed in the spiritual court, viz. in the country, Arches and before delegates, frustrated after by prohibitions. To have prohibitions restrained to some time, and costs to be taxed in them.
|Sir Edward Coke||Mr. Recorder|
|Mr. [John] Glanville||Mr. [Christopher] Brooke|
|Mr. Solicitor||Mr. [John] Bankes|
|Sir Robert Hitcham||Dr. [Barnaby] Gooch|
To meet presently in the committee chamber.
A message from the Lords by the 2 Chief Justices, Serjeant [Sir John] Davies and Serjeant [Sir Ranulphe] Crewe. The message was delivered by the Chief Justice of the King's Bench and was as follows: the Lords have sent us with this message unto this honourable House, that whereas the King's Majesty in his speech declared he would give direction to his Admiral and 2 Secretaries to deliver certain particulars of great consequence, the principal cause of calling this Parliament, the Lords for the better correspondency of both Houses, which they earnestly desire, desire a conference between both Houses tomorrow in the Painted Chamber, if this House think fit. The reason, because the Secretaries being to attend and make relation with their papers, any may ask any question, wherein the Admiral will give satisfaction.
[f. 431] The messengers being retired out of the House, MR. SPEAKER related the message.
MR. [EDWARD] ALFORD. No man here is (as he supposes) prepared to make demands at this conference. Fittest to hear them, and then lawful for any member of the House to ask any question whereby to receive satisfaction, but no further.
SIR GEORGE MORE. When a conference was desired by the Lords with this House about supply to his Majesty, we refused to confer otherwise than to hear upon generals without making any particular answer.
MR. TREASURER. The intent of this conference is to inform us of the particulars of the heads delivered by the King, and then, if any doubtful, to propound his doubt and require satisfaction.
SIR EDWARD COKE. No man to speak there without warrant from the House. Now only to hear, and to speak nothing.
Resolved to send answer to the Lords (with return of thanks for their desire of correspondency with this House), that we will give them meeting as a committee of the whole House at the place and time desired, which answer (the messengers being called in) was accordingly delivered unto them by MR. SPEAKER.
Leave was given by the House unto the 2 Secretaries of State, being members thereof, to make their relation among the Lords.
And those 2 Secretaries, together with Mr. Chancellor of the Exchequer and Sir [Francis] Cottington, the Prince's Secretary, to make report back to the House of what shall be delivered at the conference.
The bill for probate of suggestions in cases of prohibitions brought back by the committee, with omnia bene.
Upon question, engrossetur.
SIR HENRY VANE, elected and returned for the city of Carlisle and for Beverley within the county of York, elects to serve for Carlisle.
IV. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Lune, 23 Februarii 1623, premier jour del Cesson
1. L. Bill pur punient offences sur le seignours jour, usualment nosme le Sabbath jour, Sondaye.
SIR JAMES PERROT. A Jove principium. Sacramente et memoriall del safe retourne del Prince.
Le SPEAKER. Confirme cest; le former order lie.
SIR EDWARD CECIL. Pur faste, subside del dieu.
SIR WILLIAM STRODE. Pur les chivaliers del comties.
SIR WILLIAM BULSTRODE. St. Margets and Doctor [Isaac] Bargrave.
SIR JOHN JEPHSON. Pur [Dr. James] Ussher.
SIR GEORGE GORING. Pur Dr. Bargrave.
SIR NATHANIEL RICH. Dr. Bargrave.
SIR GEORGE MORE. Pur faste generall.
SIR EDWARD WARDOUR. Pur messsage pur generall faste.
Secretarye Calvert, Sir Richard Weston, Sir Edward Cecil va ove le message.
SIR THOMAS HOBY. Pur touts bills passe, et autres; touts passe d'avoir precedence.
MR. [JOHN] PYM. Null novel bill sans order; private bills in le morning.
1. L. Bill pur avoyd[an]te suits in leye et limitatons dacsons. Pass cest Huise le darrein cession.
MR. [JOHN] ANGELL. Pur [Sir Edward] Conway.
SIR MILES FLEETWOOD. Election.
SIR NATHANIEL RICH. Election.
SIR CLEMENT COTTERELL. Pur election.
SECRETARY CONWAY. [Blank]
SIR HENRY HOLCROFT. [Blank]
[p. 146] SIR ARTHUR INGRAM. [Blank]
SIR THOMAS CHEKE. [Blank]
SIR JOHN STRANGWAYS. Comittee de privileges pur determine tout.
SIR EDWARD COKE. Committees:
Never knewe touts d'avoir voices. Chivaliers de tous counties; si partie navoir voice.
MR. [EDWARD] ALFORD. 8, 10 ou 12 de committee. Null voices quix vener al cest committee.
Sur question, pur cest committee; sur question, d'avoir Councell et poier. Martis et Jovis in [ex]checquer chamber.
Reporte de SIR EDWARD CECIL and autres del Roy pur faste: Il like well, voet confer ove les bishops.
Le SPEAKER. Sur motion, que touts petitions sera deliver al committee.
Committee pur grievances Lune et Vendredis, del Huise et in le Huise.
[p. 147] SIR ROBERT PHELIPS. Pur grevances Lune, Mercurii et Vendredis. Mercurii solement pur courts de justice. Mercurii et Vendredis proximus de commencer.
1. L. Bill de preventer et refomre prophane swearinge et cursing. Cest bill passe ambideux Huises.
SIR HENRY POOLE. D'avoir veiwe de [bills].
- 1. Act pur Sondaie.
- 2. Act pur Sondaye [sic].
- 3. Supersedeas pur peace, Cercioraries, etc.
- 4. Free trade.
- 5. Repeale of  H. 8.
- 6. Butter.
Sente up and/
- 1. Limitacions.
- 2. Women felons.
- 3. Monopolies.
- 4. Tobaccos.
- 5. Purveyance.
- 6. Alienacions.
- 7. Attainted estates.
- 8. Recusants detts.
[p. 148] Ingrossed nient passe.
- 2. Possession.
- 3. Jeofailes.
- 4. Bankrupts.
- 5. Usurie.
- 6. Fishinge.
- 7. Woolcards.
- 8. Custemes.
- 9. Explana[tion] 1 E. 6.
1. L. Bill pur concealements pur general quiet del people envers tout concealments. Passe cest Huise le darrein cession.
SIR EDWARD COKE. Pur informers et monopolies.
2. L. Bill pur probate de suggestions in prohibicions.
SIR GEORGE MORE. Si committee cause sur moton pur d'avoir ingrosse.
[p. 149] Message del ambideux Chief Justices, Sergeante [Sir Ranulphe] Crewe et Sergeante [Sir John] Davies del seignours que conference del deux Huises eras 2d houres in Painted Chamber.
SIR EDWARD COKE. Null member al conference de demander question sans le Huise. Le secretaires de faire reporte de lour parts devant [the Lords].
[SIR DUDLEY] DIGGES. Pur le report del Admiral. Sur question, Sir Richard Weston et Sir Francis Cottington de reporte lord Admirall's relation.
Reporte del bill, par SIR EDWARD COKE, pur prohibicions.
V. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
[23 February 1624]
An act against bear-baiting, bull-baiting, dancing, etc. on Sundays, to be established within 40 days after this session, the forfeiture being 3s. 4d.
SIR JAMES PERROT made motion for receiving the sacrament for a thanksgiving for the Prince's return: the place, Westminster parish church; the time, Sunday sevennight after the Parliament began, the 29th of February; the preacher, Dr. [Isaac] Bargrave, minister there.
SIR EDWARD CECIL moved a general fast that day, called in the Low Countries a bid-day.
SIR WILLIAM STRODE moved to ask the King's pleasure about the fast, whereupon Secretary Calvert, Sir Edward Cecil and Sir Richard Weston, Chancellor of the Exchequer, were sent to know his Majesty's pleasure, who returned answer he would advise with his bishops.
SIR GEORGE MORE said in the Parliament in the 27 of Queen Elizabeth, there was a like motion for fasting.
SIR THOMAS HOBY moved that no new bills should be read before the old bills of the last session were renewed.
And so it was ordered.
It was moved in the committee of privileges that every man of the House should have his voice; but not agreed to, the SPEAKER contradicting it and saying though we sit here as well to create new precedents as continue the old, yet he thought fit this to continue as it was.
A committee of grievances of the whole House appointed to sit in the House every Monday and Friday during the Parliament to reform abuses in courts of justice.
An act made, and twice read with general applause, against swearing, the forfeiture 12d., or whipping, if proved by 2 witnesses or in the hearing of a justice of the peace.
This bill passed both Houses the last sessions [sic].
SIR EDWARD COKE moved to have the bills against informers, monopolies and concealments to march first.
And it was agreed to.
If a bill be not committed at the 2nd reading, at the third it is to be engrossed, but if you commit it, you must except against it.
The 2 Chief Justices, with 2 Serjeants, came in message from the Lords to desire a meeting of both Houses in the Painted [f. 81v] Chamber at 2 in the afternoon the day after, being Tuesday the 24th, where the Lord Admiral and both Secretaries should give an account of the Spanish business, and it should be lawful for anyone of the Lower House to ask and propound questions. This [SIR EDWARD] COKE opposed that any member of the House should presume to ask questions without warrant from the House, being against the honour and order of the House.
VI. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1
Monday, 23 February
Ordered that all the members of the House shall receive the communion upon Sunday next in the parish church of Westminster.
That the King shall be moved, so that there may be a general fast and receiving the communion upon that day in the whole kingdom.
Tuesday, two o'clock in the afternoon, to give the Lords meeting touching the match of Spain.
VII. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
[23 February 1624]
SIR THOMAS HOBY moved a review of the bills passed and they to have priority.
The bill of limitation next read for formedons, actions and entries, and tender of damages in trespass. Formedons to 20 years, [al]so entries. Exception as in fines for 10 years; debt account and trespass within 2; assault within 4; words 2 years, if reversed by error within a year of reversal. Where no title, a tender of amends in trespass found for him shall suffice (que costs).
A committee of privilege for elections to determine the due elections.
COLONEL [SIR EDWARD] CECIL attended to the King with the motion of the fast, which he did put over to his bishops.
It was SIR JAMES PERROT'S motion and vanished.
The election questioned: whether a committee and all that will come to have voice; ruled by a special committee and none other to have voice. But the House wavered etc. it is misthought.
The committee for grievance next Friday and Monday.
Then the abuses in the courts of justice on Wednesday weekly.
The bill for swearing next read. Punishable before justice of peace.
[f. 3Bv] The bill of concealment read, but not until after all the titles of acts passed both or the one House were read.
The bill for probate of suggestions in prohibitions. 2 times read and committed to be engrossed.
It was moved by [MR. JOHN] BANKES that because it was to the judges of assizes and our country have but once a year, that it might be comprehended; that before therein might be added. But it was found all well by a committee, who instantly resolved it.
The 2 Chief Justices and 2 Serjeants came from the Lords to acquaint us that the Prince, the Duke of Buckingham and the Secretaries were, on Tuesday at two of the clock, to acquaint both Houses with the passages whereof the King spoke, and desired a conference with us then. After they were removed, it was agreed that the Speaker should give them thanks for their desire to hold correspondence with us and to signify we would meet them, but for conference we were not prepared. And where the message imported that any of us that would ask any question should be satisfied, it was agreed that none should ask questions until the House returned. And reporters were agreed upon to report it to the House: the Secretaries, Sir Richard Weston and Sir [Francis] Cottington.
VIII. DIARY OF SIR NATHANIEL RICH, BL, ADD. MS 46,191
23 February 1623. The first day of Parliament.
MR. [WILLIAM] CAGE prefers the bill for the Sabbath.
SIR JAMES PERROT. A Jove principium. That we may have a communion as a symbol of our unity among ourselves and in religion, and of our thankfulness to God for our deliverance by Christ and for our Prince's return. That therefore some certain place and time be appointed for the receiving, and some gentlemen.
An order that no man shall come into the House until he have received. This order was made last Parliament and then read.
SIR EDWARD CECIL moves for a fast according to the usage in the places where he lived, a bid-day generally. To give a great subsidy to God almighty. To join in a supplication to his Majesty for it.
SIR W[ILLIAM] STRODE joins in the motion, and to desire that the King may be moved in it by some near the Speaker. That all knights of the shire may take notice of the returns and acquaint the House if they know any ill-affected in religion returned.
SIR WILLIAM BULSTRODE. For the place and the time of the communion. That Doctor [Isaac] Bargrave [blank]. And for the fast, that the King be moved.
SIR G[EORGE] GORING for Doctor Bargrave.
SIR G[EORGE] MORE. A good beginning has a good end. We look at the honour of Queen Eliz. 270. A motion for a fast and ordered that a counsellor of state should move therein, which she yielded.
SIR EDWARD WARDOUR. That we may be assisted by the prayers of all those whose voices we bear.
A message sent up by 2 privy councillors and Sir E[dward] Cecil to acquaint him with the desire of the House for a general fast.
SIR [THOMAS] HOBY. A view to be taken of all the bills last Parliament. That those which were passed: no bills read until those have received 2 readings.
An act for limitation of actions. First read.
SIR JOHN STRANGWAYS for a committee of privileges.
SIR JAMES PERROT moves that ancient Parliament-men may be named.
[f. 3] SIR EDWARD COKE. 3 things to be observed in a committee: first, to have men of knowledge; secondly, to be indifferent; thirdly, that it may not hinder the great business of the Parliament. Never knew that any of this committee but such as were specially named. Moves that all knights of the shire may be added.
MR. [EDWARD] ALFORD moves that the old course of Parliament for committees: not above 10, 11 or 12 at most.
MR. [JOHN] PYM. That the committee may hear the counsel of parties and to send to see records.
Resolved, upon the question, that none should have voice in the committee of privileges but such as were particularly named.
SIR EDWARD CECIL reports the King's answer to the motion for the fast. He thanks us for our motion and will confer with his bishops about it as he uses in the like cases.
The place, every Tuesday and Thursday in the Exchequer Chamber.
MR. [JOHN] DELBRIDGE. A committee for grievances of the whole House in the House.
SIR ROBERT PHELIPS. That the petitions of grievances may be presented. Moves for a committee for courts of justice every Wednesday.
An act to prevent profane swearing and cursing. First read.
SIR HENRY POOLE for a survey of all the bills.
The bill against concealments read.
SIR EDWARD COKE for the bills of informers and monopolies.
[f. 4] A message from the Lords, by the 2 Lords Chief Justices, for a free conference tomorrow at 2 o'clock.
IX. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
SIR JAMES PERROT moved to have a communion as formerly.
Agreed to be the Sunday following at Saint Margaret's church in Westminster, the minister of the place to preach, and those gentlemen that had been formerly named to take the names of all that receive.
SIR EDWARD CECIL moved to send to the King to have a general fast and communion upon one day through the kingdom.
It was agreed that Secretary Calvert, Sir Richard Weston and Sir Edward Cecil should go presently to the King from the House to move for it.
His Majesty returned us answer that his Majesty gave us thanks for our good motion and that he would speak with the bishops about it.
A committee for privileges was agreed on, to sit Tuesdays and Thursdays.
SIR ROBERT PHELIPS moved to have, as there was formerly, a committee of the whole House to consider of petitions of grievances and to look into the abuses of the courts of justice.
It was ordered the House should meet every Monday and Friday for petitions and every Wednesday for the courts of justice.
The Lords sent the 2 Chief Justices with a message that we would give a meeting for a conference at 2 of the clock the next day in the Painted Chamber with a committee of the whole House to hear the relation from the Duke and 2 Secretaries of the great businesses about the marriage.
We returned answer we would give meeting the next day at the time and place, and nominated Secretary Conway, Secretary Calvert, Sir Richard Weston and Sir Francis Cottington to report it to the House.
Diverse bills read.
X. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Monday, 230 Februarii 1623
MR. [ROBERT] SNELLING preferred the bill following, which has been preferred every Parliament since 270 Eliz.
An act for punishing divers abuses committed on the Lord's Day, called Sunday. Le Roi s'avisera.
By this, after 40 days after this session, there shall be no concourse of people out of their parish nor unlawful pastimes in the parish. Upon the oath of one witness, a justice of peace shall give warrant to levy by distress 3s. 4d.; and in fault of distress, to sit in the stocks three hours. Proviso: that the party offending be called in question within one month after the offence committed.
This act to continue until the next Parliament. Proviso: no impeachment to the jurisdiction of the ecclesiastical courts; that if any man be sued for the execution of this law, he shall plead the general issue.
SIR JAMES PERROT. That every man may, according to the example of the 2 last Parliaments, receive the sacrament of the Lord's Supper, as well to have God's blessing on our endeavours as to express our thankful acknowledgment for the Prince's safe deliverance from the dangers both of his body and soul in his journey.
It ordered that the communion be received according to the order in the last Parliament, that no man sit here until he has received the communion after the time appointed, vide plus post.
SIR EDWARD CECIL moves that there may be also a general fasting day and for this to be done that we join in supplication to his Majesty [f. 2v] for his gracious leave.
SIR WILLIAM STRODE. Would that all the knights of the shire should take notice of everyone in their several counties that be returned member of this House, and if they know any man that is not well affected that they discover it to the House.
SIR WILLIAM BULSTRODE desires that Dr. [Isaac] Bargrave may be the preacher when we receive the communion.
It is ordered that this sermon shall be performed by Dr. Bargrave, parson of St. Margaret's in Westminster, the next Sabbath and all the members of this House to receive there the communion. Vide ante cet ordre. Those that are to take the notes or names are: Sir Francis Barrington, Sir William Pitt, Sir William Bulstrode, Sir James Perrot, Sir Edward Giles and the Clerk of the House.
SIR GEORGE MORE. That in 270 [sic] Eliz., there was the like motion that there might be a general fast and prayers throughout the kingdom for a good success of that Parliament, and the motion was made from the House to some of the Council unto that Queen.
It is ordered that Mr. Secretary Calvert, Sir R[ichard] Weston, being Chancellor of the Exchequer, and Sir Edward Cecil, go presently to move the King for this general fast and prayers, which they are gone to perform.
SIR THOMAS HOBY moves that all those good general bills that passed the last convention, or were ready then to pass, may be first read according to the order as they were prepared the last convention, viz. those that passed both Houses the first, next those that passed our House only, then those that were most forward for passing in our House, and that no bills may be read until these are all dispatched.
It is ordered (with these 2 limitations added at the motion of MR. [JOHN] PYM) that such general good bills shall be, in order as Sir Thomas Hoby moved, first read in the House but with this limitation: that it shall not bar any other good bills that time and occasion since the last convention may make appear to be more necessary; neither shall it hinder but that at the first sitting of the House, there may also be read any private bills.
[f. 3] An act for limitation of actions and for avoiding of suits in law.
By this, bill writs of formedon in tail, descender, reverter or remainder shall not be sued after 20 years. Proviso: for femme covert, infants or being beyond seas. Vide plus dans les notes de la derniere convention. This passed this House the last convention. r. p.
MR. SPEAKER says that it is the order of the House that every member that is double chosen must make his election here in the House, and then the Speaker, by a general order to be given by the House, to cause new writs to go forth for a new election.
It is ordered that the Speaker shall cause new writs to be sent for new elections where one is chosen for 2 places, the party so chosen making his election in the House.
A committee appointed by order of the House for to hear all complaints of undue elections. To sit in Exchequer Chamber, counsel to be allowed the party that questions, to sit every Tuesday and Thursday.
SIR EDWARD COKE. 3 things to be observed in those who are of committees:
- 1. That they be some who have a knowledge and experience in the business.
- 2. That they be no parties, but indifferent.
- 3. That committees be such as may be no hindrance to the great business of the House.
MR. [EDWARD] ALFORD. That anciently there were wont to have not above 10 of the members of the House of a committee.
It is resolved, by question, that everyone that will come to this committee shall not have voice but that only those who are named of the committee.
SIR EDWARD CECIL reports that the King gives the House thanks for their good intents, and says that his Majesty will [f. 3v] herein (as he used to do in such business) advise with his bishops.
It is ordered that there shall be a general committee of the whole House for the hearing of grievances to sit in the House Mondays and Fridays, to begin next Friday.
SIR ROBERT PHELIPS. That he will be bold to put the House in mind to hear complaints of abuses in courts of justice, which he desires may be also ordered.
It is ordered that there shall be a committee for the hearing of complaints of abuses in courts of justice and that it shall be of the whole House, to sit every Wednesday in the House and to begin next Wednesday.
An act to prevent and reform profane swearing and cursing. r. p.
By this, any that offends by swearing or profane cursing in the hearing of any justice of peace of the county or mayor or head officer where such offence is done, or that it shall be proved to any such officer by the oath of 2 witnesses, to pay 12d. to be levied by way of distress by warrant from the justices by the constable there; for want of distress, to sit in stocks 3 hours if above 12 y[ears] old; if under 12 y[ears] and not able to pay the 12d., then to be whipped. Proviso: that this must be done within 20 days after the offence. This act to be read twice a y[ear] in every church and it is a probationer. This passed both Houses the last convention. r. p.
An act for the general quiet of the subject and against all pretences of concealments whatsoever. r. p.
By this, the King shall not sue or implead for any [f. 4] manors, lands, tenements, rents, etc., unless the King, or some of his predecessors, has been answered [sic] some rent or profit of such lands, tithes, tenements, etc., as accrues for the freehold or inheritance of the same, within 60 y[ears] before the beginning of this Parliament. Provided that the said lands shall be held of the King as they were before the making of this act. Provided that this shall not impeach the King's right of custom of 2d. of a cauldron of coals at Newcastle-upon-Tyne. This bill passed both Houses last convention.
An act concerning probate of suggestions in cases of prohibition. 2. L., dormit Lords.
SIR GEORGE MORE says that it is the order of the House that a bill may not be committed unless it be spoken against or some cause shown why it should be committed; and if there be nothing said against it, then the question to be put whether it shall be engrossed or not.
MR. [JOHN] BANKES desires that into this bill may also be inserted something for the ease of such as live in the counties of Cumberland, Durham, Northumberland and Westmorland, where the judges of assize come but once a year.
This bill is committed.
Message from the Lords brought by the 2 Chief Justices, Ley and Hobart and Sir Ranulphe Crewe and Sir John Davies. Message is that the Lords signify that where the King did in his speech refer relation of the business of the treaty and other things of great importance to Buckingham and the 2 Secretaries, their [f. 4v] Lordships desiring to expedite that business, being of great importance, wish to have a conference Tuesday, 2 of the clock, in the Painted Chamber, by all the members of both Houses, and they desire a conference the rather because if any member desire an explanation of anything that shall be said, the Lord Admiral will satisfy us. And their Lordships desire to keep a loving correspondence with us.
SIR EDWARD COKE would not that any member of the House should at a conference with the Lords ask any question, for it is against the fundamental order of the House unless it be by an especial order from the House. But at a conference concerning a bill, a member may speak.
Our answer to this message: that we have taken the Lords' message into consideration and do give their Lordships thanks for their desire of a good correspondence, and will give a meeting at the time and place as is desired.
It is ordered that the 2 Secretaries who are to relate the great business of importance (which the King said he would impart to this House and which the King said was one cause of calling the Parliament) shall make report to this House of what they deliver at the conference with the Lords, and two other members of this House shall report the relation that shall be made of this business by the Lord Admiral.
SIR ROBERT PHELIPS desires he may be excused from making a report to the House of any part of the relation that shall be [f. 5] made by the Lord Admiral. He knows his own insufficiency to do it, and shall be ready to express his affection to this House. If we take a consideration of him and his fortunes, he hopes we will spare him. But he thinks it good that the Secretaries should report their own relations, and some others that part which the Lord Admiral shall relate.
SIR EDWARD COKE desires also to be excused from making a report of any part of this conference for reasons best known to himself.
It is ordered, by question, that Sir Richard Weston, Chancellor of the Exchequer, and Sir Francis Cottington, the Prince's Secretary, shall make report of the relation of what the Lord Admiral shall deliver to the House at the conference.
It is ordered that the bill concerning the probate of suggestions in cases of prohibition shall be engrossed as it is all now brought from the committee.
It is ordered that the committee for elections shall not begin to sit until Thursday because of the conference tomorrow with the Lords.
XI. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Monday, the 23rd of February
MR. [ROBERT] SNELLING, burgess of Ipswich, moved the House to begin with the bill for the Sabbath, which was read and passed (the last convention) both Houses, against the profanation of it by bear-baiting, interludes, and rude and unlawful assemblies.
SIR JAMES PERROT moved for the same and that order might be made by the House that all the members might come together and receive the communion as a token of the concord, unity and unanimity of the members. And that as the institution was for the commemoration of the happiness we enjoy by Christ and to testify our thankfulness for the same, so we might, with the due observation of those ends, also add that we desired to perform this duty of thanksgiving to God for this hopeful assembly and for the happy return of our Prince from Spain.
SIR EDWARD CECIL forwards this motion and proceeds to desire a fast by example of the Low Countries, who in all weighty causes do seek a blessing of God by prayer and fasting; which pious course as he had there observed and been used to, he commended unto the consideration of that honourable House, saying that as every- [p. 6] one that travels abroad should bring home something with him for his country's good, so he should hold himself happy if they, by his information of what was used abroad, would be pleased to entertain so holy a motion and give it a welcome here at home; which he said was not only necessary in these times to be done, as an act of greater humiliation necessarily preceding every great enterprise as a preparative with God for his blessing unto it, but also would cheer up the languishing spirits of all the well-affected to religion, who of late time did faint under the fears that the state of our religion did begin to change, and it would confirm and encourage them in the hope and expectation of a blessed issue of an enterprise begun so happily. He further moved that it might be petitioned for unto the King to have it universal, and that with the fast there might be some liberal remembrance of the poor as a subsidy given to God.
SIR WILLIAM STRODE proceeds to the same purpose and moves that some of the worthy persons about the Speaker's chair may be sent to petition this of the King, saying further that some did think that some [p. 7] persons disaffected to our religion were among us, but he could not think so, because they would be discovered now by blushing to hear of such a motion.
SIR WILLIAM BULSTRODE likewise followed this motion for the communion, and propounded unto the House St. Margaret's church in Westminster and the Sabbath next for the day, and the minister to be Dr. [Isaac] Bargrave, incumbent there.
SIR JOHN JEPHSON moved that Dr. [James] Ussher might be the preacher because he was last time, and that he was now come out of Ireland again upon business, as if God had sent him for this purpose.
But the House thought it reasonable and fit that the incumbent, being an able man, should do it and that it could not be assigned to any other without some disparagement to him.
But SIR NATHANIEL RICH affirmed that Dr. Ussher desired to be excused.
SIR GEORGE MORE approves the motion for the fast and alleges a like precedent in the 27 Eliz. moved to the Queen, and likes best to move the King with it, saying that a good end was to hoped of so good a beginning.
SIR EDWARD WARDOUR moves also to petition it of the King.
Secretary Calvert, Sir Richard Weston and Sir Edward Cecil are sent by the House to the King with this motion.
[p. 8] SIR THOMAS HOBY moves that since there were so many bills read and passed the last convention, and so good, that the whole House would please to order that they might first be dispatched and no new matters to intercede them.
And it was so ordered, with this limitation moved by MR. [JOHN] PYM, that none but such new as should be presently needful in the opinion of the House.
An act was read for limitation of suits in law.
Motions were made, by divers that were doubly returned, that new elections might be made in those places they refused.
SIR JOHN STRANGWAYS moved for the appointment of a committee for privileges to consider of due elections and returns.
MR. [WILLIAM] MALLORY and SIR WILLIAM COPE moved that every member of the House may have a free voice at the committee.
SIR JAMES PERROT for the same.
SIR THOMAS HOBY against it.
SIR EDWARD COKE offered 3 chief considerations to this committee: first, that they be men of knowledge and experience; secondly, indifferent; thirdly, not too many and that questionable parties might have no voice.
[p. 9] The order made by the House for the committee of privileges was that only such men as the House should name should be of that committee and that it should be every Tuesday and Thursday, in the Exchequer Chamber, at 2 of the clock during this session.
Some moved that everyone might have a voice that would come to the committee, but, by question, it was overruled otherwise.
The messengers sent to the King concerning the fast being returned, SIR EDWARD CECIL did report the King's answer to the House, which was that the King would confer with the bishops about it and soon return them an answer.
There was also a committee of grievances appointed, that it should be in the House, and of the whole House, every Monday and Friday during the session.
SIR ROBERT PHELIPS moved for a committee to be appointed to take view of the corruption of courts of justice.
And it was ordered that it should be in the House and of the whole House on Wednesdays.
An act was read to provide against swearing and cursing.
The penalty, 12d. an oath or curse, or, in default of payment, 3 hours stocked if above 12 years of age; if under, whipped (by warrant from justice) by the parent or master, or, in their default, by the constable.
An act read for the general quiet of the subject not to be molested for concealments and for lands and titles by them enjoyed long, except the King or his predecessors have been seised of the profits within 60 years before the question.
An order was made, upon SIR EDWARD COKE'S motion, for the disposing of the reading of some bills, first, for concealments; second, for promoters and informers; third, for monopolies.
[p. 10] An act for probate of suggestions in case of prohibition, that the justices of assize may take them.
MR. [JOHN] GLANVILLE moved that, in regard it was so worthy a bill, it was fit it should have all due rights and therefore desired that a committee might be appointed to examine the parts of it and to perfect them before it were engrossed.
SIR GEORGE MORE says that stands not with the orders of the House to have a bill committed unless some exceptions be made against it.
There was an exception made and it was committed.
A message was sent down from the Lords by Sir James Ley, Chief Justice of the King's Bench, and Sir Henry Hobart, Chief Justice of the Common Pleas, Serjeant [Sir Ranulphe] Crewe, Serjeant [Sir John] Davies: that whereas the King in his speech did promise that the Lord Admiral, the Duke of Buckingham, and the Secretaries should make a narration to both Houses of the most important causes of the calling of this Parliament, therefore the Lords, for the expediting of it and for token of good correspondence with this House, do desire to have a meeting upon Tuesday by 2 of the clock in the Painted Chamber, saying that any man might there be satisfied (of any question) by the Lord Duke and the Secretaries.
After this message, they were put out of the House for a while until the House had consulted of an answer, and then MR. [EDWARD] ALFORD moved we should not promise a conference, but only to meet and hear the relation first and understand that before we promise to confer.
[p. 11] SIR EDWARD COKE confirms that motion, alleging this for an ancient rule of the House, that when any overture was made for a meeting and the subject there to be propounded not certainly known, that the House did order that no member of it should move questions or offer to confer. If it were that conference or meeting were required as concerning such a bill, then it might be allowed because the subject was certain; but in an uncertainty not.
SIR HUMPHREY MAY moves them to consider not to promise a meeting of the whole House, for then the Speaker must go also, and that then it will not be fit that the like respect and attendance be given as at other times when the House goes but as a committee.
Order was made that no member of the House should move questions at the meeting or confer; yet liberty was given to Secretary Conway and Calvert that they might answer to anything required of them.
The messengers were called in and the Speaker told them the House did embrace the motion and there should be a meeting given the Lords at the place and time appointed.
SIR NATHANIEL RICH and SIR GUY PALMES move that some may be appointed to report the narration to the House because it goes but as a committee.
It was ordered that Sir Richard Weston, Chancellor of the Exchequer, should report it.
XII. ANONYMOUS DIARY, BODL., MS RAWL. D. 723
[f. 88] [23 February 1624]
[Parliament had been adjourned to the morning of the 23rd] ... when the House was set upon the motion of SIR JAMES PERROT, a knight of [blank] in Wales.
It was ordered that all the members of the House should receive the communion on Sunday following in the parish church of Westminster; which was performed accordingly, Dr. [Isaac] Bargrave, the rector, making a good sermon, which after was, at the entreaty of the House, put in print.
It was likewise the same Monday morning moved in the House of Commons that there should be a general fast through the whole kingdom and receiving of the Holy Communion. It was moved by SIR EDWARD CECIL, who alleged that in France and the Low Countries, where he had been employed, it was the use upon the undertaking of any great business to begin first with God, and he had seen by experience that afterwards their affairs have proved more successful than when it was omitted.
But this good intention came to nothing as being deterred by other occasions.
There was on Monday the 23rd February, a message from the Lords that we should have a conference in the Painted Chamber touching the match and business of Spain on Tuesday following. But on Tuesday morning, their Lordships sent again unto the House that they had taken into their considerations the straitness of the Painted Chamber and desired that the conference might be in the hall at Whitehall in the afternoon, where the Prince would join with the Duke of Buckingham in relation of all the negotiations of the business of Spain; which conference was yielded unto and ordered to be performed as was desired. And Sir Richard Weston, Chancellor of the Exchequer, and Sir Francis Cottington were by the House of Commons commanded to make a report thereof, the effect whereof hereafter follows.
In the meantime, the House began to settle itself in a form of judicature and appointed, first, a committee of selected members of the House, which were called the committee of privileges, to inquire and receive petitions of false and indirect returns by sheriffs of knights of shires and burgesses of corporate to [sic] towns, to the end that no man should be a lawmaker that came not lawfully into his place. In this committee Mr. [John] Glanville was in the chair.
The second committee was of courts of justice, Sir Robert Phelips having that chair; but there was a small account given thereof.
The third committee was of the general grievances of the whole kingdom and therefore styled the committee of grievances. Sir Edward Coke was in that chair and for his good and faithful service to the state is worthy of immortal praise. Many great burdens he found upon the subject, which were delivered to the King, as in due time shall be inserted into this book.
The fourth committee was the committee of trade, managed by Sir Edwin Sandys, who discharged his place according to the trust reposed in him.
XIII. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
February 23, 1623, in the Commons' House etc., being Monday
The first bill read was an act for the punishing of divers abuses upon the Lord's Day, commonly called Sunday.
The first motion, that an order might be made for receiving the communion, urged with these reasons by SIR JAMES PERROT:
- 1. That it would be a symbol of our unity and charity.
- 2. An argument of our religion.
- 3. An expression of our thankfulness for the Prince's return in safety of soul and body.
SIR EDWARD CECIL added for a bid-day, according to the fashion of the Low Countries, or a solemn fast throughout England, which helps the devotion and honour to God; would be very beneficial to the poor.
After the order of the last Parliament had been read concerning the communion, 2 questions did arise and were quickly settled, the first concerning the preacher. Dr. [Isaac] Bargrave was propounded by SIR WILLIAM BULSTRODE and Dr. [James] Ussher, Bishop of Meath, by SIR JOHN JEPHSON. But it was resolved for Dr. Bargrave upon a speech of SIR NATHANIEL RICH, signifying that the bishop had earnestly entreated him to present in desire of excuse by reason of some urgent business.
The second [question], whether the fast should be general of the kingdom or only of our own members. This might be performed by our own order, the other not without petition to the King, according to the precedent of 27 Eliz. Whereupon Sir Edward Cecil and Mr. Secretary Conway were sent to the King to know his pleasure.
An act for the limitation of actions.
[f. 4v] Upon MR. [JOHN] ANGELL'S motion concerning the double return for Warwick, it was ordered that all others in the like case should enter their names and election with the Clerk, the Speaker to have a general warrant to give order for a new writ.
SIR JOHN STRANGWAYS moved for a committee of privileges, which produced these propositions:
- 1. That none might be named but ancient Parliament-men, by SIR JAMES PERROT, but not ordered.
- 2. By SIR THOMAS HOBY, that all that would come might have voices; likewise rejected because against precedent.
- 3. SIR EDWARD COKE presented 3 cautions:
- 1. First, that they might be men of the best knowledge.
- 2. Indifferent men.
- 3. Not too many, lest they should hinder other business; and propounded that the committee might be all the knights of shires.
Against which MR. [EDWARD] ALFORD excepted as contrary to ancient course and subject to partiality.
So it was refused by voice. And a committee was named to sit Tuesdays and Thursdays, with authority to hear counsel and to examine records and witnesses.
SIR EDWARD CECIL reported his Majesty's answer touching the fast. That after he had conferred with the bishops, as he used to do in the like cases, we should know his further pleasure.
Friday, weekly, was appointed for the great committee of the whole House to sit upon grievances, and Wednesday for complaints against courts of justice.
An act to prevent swearing and cursing.
The schedule of the bills of the last Parliament was called for, and read by the Clerk.
An act against concealments.
A message from the Lords desiring us to sit somewhat longer than ordinary because they should have another occasion to send to us.
An act for probate of suggestions upon prohibitions, wherein it was provided the proofs should be made in the country before the judges [blank] to avoid charges. It was desired:
- 1. That provision might be made for Westmoreland or the other counties where the judges come but once a year.
- 2. That care might be had that a new opportunity of delay were not given in the suit of a prohibition which already was very dilatory, being often brought after 3 sentences:
- 3. That the tax of costs might not be left to the temporal courts [sic] which was not privy to the expenses of the spiritual.
A message from the Lords desiring a conference tomorrow at 2 of the clock, and that the Secretaries [f. 5] might be there to give such [blank] concerning divers letters and dispatches.
The conference agreed. The 2 Secretaries, Chancellor of the Exchequer and Sir Francis Cottington to make the report.
XIV. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Monday, 23rd of February
Bill for punishing abuses committed on the Lord's Day, called Sunday. First read.
SIR JAMES PERROT'S motion for the communion.
Ordered to be the next Sabbath.
SIR EDWARD CECIL'S motion for a general fast.
SIR GEORGE MORE'S instance. The like motion 27 Eliz., some of the Privy Council then appointed to move the Queen.
Ordered that Sir Edward Cecil and 2 of the Privy Council should forthwith go to the King.
SIR THOMAS HOBY'S motion to take a view of the bills brought in the last meeting and to go on 1st with those which passed both Houses.
Bill for limitation of actions and avoiding suits in law. First read.
Motions made concerning double returns. Election made by the parties so returned.
The committee for returns and privileges appointed Tuesday and Thursday in the Exchequer Chamber.
Question: [f. 13v] whether every man that came to it should have voice.
Resolved, to the contrary.
Report of the message to the King touching the fast. He thanked the House for their care and would confer with his bishops about it, as in such cases had been usually done.
The committee for grievances of the whole House appointed to be in the House.
SIR ROBERT PHELIPS'S motion for a committee touching reformation of courts of justice.
Mondays and Fridays appointed for grievances, and Wednesdays for courts of justice.
A catalogue of bills preferred last Parliament read:
- Bill to prevent and reform profane swearing and cursing. First read.
- Bill of the Sabbath.
- Bill against swearing.
- Bill touching certioraries.
- Bill for free trade.
- Bill for repeal of statutes concerning Wales.
- Bill touching transportation of Welsh butter.
- Bill touching hospitals.
- Bill against drunkenness.
- Bill touching recusants.
- Bill for explanation of the statute touching bringing of actions against justices of peace, etc.
- Bill to make felony the levying [of] fines in other men's names.
- Bill for limitation of actions.
- Bill concerning women convicted of small felonies.
- Bill touching concealments.
- Bill against monopolies.
- Bill touching tobacco.
- Bill touching purveyance.
- Bill concerning pleading general issues.
- Bill touching licences of alienation.
- Bill concerning estates of attainted persons.
- Bill concerning the tenants of Duchy lands.
- Bill touching Merchants Staplers, their free transportation of cloth.
- Bill for free fishing in America.
- Bill to free subjects from wrongful imprisonment [f. 14] according to Magna Carta.
- Bill touching probate of suggestions in case of prohibitions.
- [Bill] concerning jeofails.
- [Bill] for explanation of the statute of bankrupts.
- [Bill] concerning usury.
- [Bill] concerning the tithes of fish.
- [Bill] touching cards for wool.
- [Bill] against extortions of customers.
- [Bill] for explanation of the statute concerning/
- Bill for the quiet of the subject against pretence of concealments, etc. First read.
- Bill concerning probate of suggestions in cases of prohibition. Second read, it having been first read on Saturday.
SIR GEORGE MORE, to the order of the House. A bill ought not to be committed unless some exception be taken against it.
A message from the Lords by the two Chief Justices and the King's 2 Serjeants. The effect: the Lords having taken into consideration his Majesty's gracious offer of imparting to the Houses business of great consequence by the Lord Admiral and the two Secretaries, and being desirous that might be heard between the two Houses, they craved a meeting of both Houses for a conference tomorrow at 2 of the clock in the Painted Chamber.
The reason alleged.
Question: whether the House were to meet as a committee or as the whole House.
[f. 14v] Resolved, only as a committee, and at first to hear what was proposed and no more.
The 2 Secretaries, the Chancellor of the Exchequer and Sir Francis Cottington appointed to make the report.
XV. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
February 23, Monday
Immediately after prayers stood up MR. [ROBERT] SNELLING, burgess for Ipswich, and made the first motion for redressing of abuses of meetings, plays, bull-baiting and other sports upon the Sabbath.
A motion for the members of the House to receive the communion. The place, St. Margaret's, [Westminster]; the time, the Sunday following; the preacher, Doctor [Isaac] Bargrave; with deputies appointed to take the names of such as came to communicate.
A motion was made by GENERAL [SIR EDWARD] CECIL to have a public fast. Our neighbours in the Low Countries did it usually upon all such occasions, and we never had greater occasion than at this present, for it [is] for the uniting of the House, giving thanks for the Prince's safe return and finding out such as were otherwise affected.
It was answered that a general fast among ourselves we might appoint, but to make it general for the whole kingdom we could not do it, but the King only must do it.
So it was thought fit to send Sir George Calvert, Sir Edward Conway [sic] and Sir Edward Cecil to entreat it of the King.
His answer was that he thanked the House for sending [it] to him; but in matter of religion, as this was a principal one, his course was to advise with his bishops, which when he had done he would send the House an answer.
[f. 58] SIR THOMAS HOBY made a motion for the reviewing of the old bills in the former Parliament and that no new ones should be meddled with until they had been twice read; which was after limited that if the House saw cause for some important bill they might do it by consent, and for private bills they also might be read in the morning before the House were full.
An act read for limitation and avoiding suits in law, limited to 20 years, within that time to be called upon or not at all; if the parties (always provided) were either not compos mentis, or under age, or beyond seas, or imprisoned, this not to be in force.
Next that was chosen the committee of privileges for the examining of elections.
SIR EDWARD COKE put the House in mind about committees to choose men:
- 1. Of knowledge in that particular.
- 2. Indifferent, not engaged or disputable themselves.
- 3. Not too many of them, for leaving the House too naked in their absence.
It was ordered all the knights of the shire should be added to this committee of privileges, but they that were questioned should have no voices; and that they should sit Tuesdays and Thursdays in the [Ex]chequer Chamber, and that all petitions in that nature should be brought to them without further troubling the House.
The committee for grievances was appointed, the whole House, and to sit upon them Mondays and Fridays, as also the examination of the courts of justice upon Wednesdays.
An act to prevent and reform profane swearing and cursing. Every offender to pay (if he be of age) to the poor, 12 d.; if under age, to be whipped; and to be complained of within 20 days.
There were read the bills passed in the former Parliament.
An act for the quieting of the subject against [f. 58v] all concealments whatsoever for their titles in land after 60 years.
An act for the probates of suggestion in case of prohibition. The 2nd time read, and amended in favour of the 4 northern shires in that point of 6 months' limitation because the judges came seldom there it might be taken before the justices of the peace.
A bill, at the second reading, not gainsaid may be then engrossed without committing, and so was the last named.
A message came from the Lords for a meeting the next day at 2 o'clock in the Painted Chamber: that his Majesty's pleasure was to acquaint both Houses with his pleasure by the Lord Admiral and his Secretaries. The message was brought by the 2 Chief Justices and 2 Serjeants, viz. Sir Ranulphe Crewe and Serjeant [Sir John] Davies, who carried our answer: that the House thanked the Lords for their desire of correspondency with them; that they would give them a meeting at the time and place appointed as was desired.
All meetings with the Lords being supposed a committee and no more, a report was to be made thereof to the House again, and the message being to receive information from the Lord Admiral and the Secretaries both, it was thought fit that the Secretaries should make report of what was conveyed unto the House [sic] by them, and Sir Richard Weston and Sir Francis Cottington of what came from my Lord Admiral.