Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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TUESDAY, 2 MARCH 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 724; f. 21v]
Martis, 2 Martii
L. 1a. An act for the confirming and assuring of the manors of New Langport and Sevans, alias Sephans, with their appurtenances and divers other lands, tenements and hereditaments in the county of Kent, late being the inheritance of Sir Henry James, knight, in a praemunire convicted, unto Martin Lumley, now Lord Mayor of the City of London, Alice Woodroffe, widow, and Edward Cropley and their heirs and assigns for ever.
MR. [HENRY] SHERFIELD elected to serve for Salisbury.
SIR WALTER PYE. To have a committee for the continuance and repeal of statutes.
Committed to all the lawyers of the House, and all that come to have voice. Temple Hall, Saturday afternoon.
SERJEANT [SIR ROBERT] HITCHAM. To have a new day for the bill of concealments. Tomorrow afternoon.
Bill for regulating Chancery to be prepared.
SIR EDWARD GILES. A trial against Sir John Eliot and his man: to have a stay for both.
SIR WALTER EARLE. To have a full catalogue of all the bills in last Parliament.
Tomorrow and Thursday, from 9 o'clock, appointed to dispatch public bills.
Thursday, for the privileges and liberties of the House.
MR. [ROBERT] SNELLING prefers a bill for true making of woollen cloths.
[f. 22] L. 1a. An act for the transferring of divers manors, lands, tenements and hereditaments, heretofore assured by the now Lord Viscount Montagu, for the discharge of certain trusts to the late Lord Dormer, Sir Francis Englefield, baronet, and Sir John Dormer, knight, and their heirs, upon Sir George More and Sir John Walter, knights, and Thomas Spencer, esquire, and their heirs for the performance of the same trusts.
[Philip] Burlamachi and [Giles] Vandeputt sworn in the House and certificates brought by them for receiving the communion.
L. 2a. An act for the naturalizing of Philip Burlamachi.
SIR ARTHUR INGRAM. This bill too general. To be tender in giving passage to bills of this nature.
Upon question, not to be committed.
To be engrossed.
L. 2a. An act for the naturalizing of Giles Vandeputt of London, merchant.
MR. [ROBERT] BATEMAN. These 2 men have as much by the King's seal as they desire. Free denizens. To devise a 3rd oath, not to colour strangers' goods.
SIR EDWARD COKE. Denizens are to pay strangers' custom by the statute of Hen. 4 and are bound to the statute of employments; but, when naturalized, bound to neither.
MR. [EDWARD] ALFORD. To have a proviso added to the bill that if any colour strangers' goods, the act to be void.
Upon question, not to be committed.
Ordered to be engrossed.
MR. [JOHN] GLANVILLE reports from the committee of privileges. Divers petitions. Sir William Grey, chosen knight for Northumberland, since made a baron. Next, the case of the borough of Southwark: 20 to 20. One of the committee mis-writ, so had not his voice.
[f. 22v] Agreed. 3 persons agreed to be put in election: [Mr. Francis] Myngaye, [Mr. Richard] Yearwood, [Mr. Robert] Bromfield. [Mr. Richard] Yearwood one without question. Some of the burgesses/
2 indentures returned: [Mr. Richard] Yearwood in both. Question for other 2. All held this a void return for the uncertainty. For the election, thus: pretended Mr. [Francis] Myngaye should use indirect practices by keeping out the burgesses; but this not proved. Again, said the indenture razed, but this appeared not neither. [Mr. Francis] Myngaye brought a witness or two that he [had] the most voices, upon oath. One witness to the contrary, who said [Mr. Francis] Myngaye most voices at first, but after not, when a course taken for discovery. [Mr. Francis] Myngaye offered to give them thanks. They cried, "for naught", and cried, "No Myngaye". One circumstance more: charged Mr. [Robert] Bromfield that his indenture antedated. The sense of the committee that if the election due, that no misdemeanour. [Mr. Robert] Bromfield offered to relinquish to [Mr. Francis] Myngaye but that not enough after he was chosen. Leaves the consideration of this to the House.
Agreed also that a man, after he is duly chosen, cannot relinquish.
SIR EDWARD COKE. Oath on both sides. To have a new writ and refer it to the burgesses.
Ordered, that the election and return [of] Mr. [Richard] Yearwood shall stand good and that he shall sit in the House. And that a new writ shall go down for a new election of another burgess.
L. 1. An act against usury.
L. 1a. An act for free liberty of buying and selling of wools and woollen yarn.
[f. 23] MR. [ROBERT] BERKELEY. 2 other bills read the last Parliament:
These to be prepared; and that when this bill has his second reading, they may also be read and go hand in hand.
SIR EDWIN SANDYS reports from the committee for the treaties. Have resolved upon some few heads, which were read.
SIR ROBERT PHELIPS. These reasons makes him approve that opinion that princes seldom find good effects where they seek. Approves of these reasons as they stand. For the last part, of the Palatinate, thinks it maybe enlarged by some demonstrative particulars. Observed, that when first the minister of Spain, Spinola, raised his forces, we were persuaded that it was to pass for Bohemia to assist Bohemia. At same time, we had a proposition from Spain that our King should join with Spain against the Turkish pirates. As soon as our navy was gone, Spinola goes into the Palatinate and seizes it. This demonstration enough to discern the intention of all their treaties. Our King after sent to the Archduchess, who first discovered and gave the first hint. When he came there, found cause to hope a cessation from arms. In the meantime, take Heidelberg and Mannheim. Imperial forces and Spanish forces together: Gonzalez and Tilly. Lost, even when they had our Prince with them. He hoped to keep the Electorate from Bavaria; yet then the Electorate [CJ 725] transferred on Bavaria and approved on by Spain. Now, to meet the Lords. If we resolve this afternoon, obliged to send a message. Thinks it may be:
- 1. May be the Lords will declare what they have done in their treaties.
- 2. Will descend to give us their reasons.
- 3. Will tell us, if theirs satisfy us, they are glad of it.
[f. 23v] May be we may occur in reason. If we differ, we must give them reasons. To deliver no reasons in writing.
SIR HENRY MILDMAY. To put on the resolution of a resolute Roman. Non iam, quid dicendum, sed quid agendum, consulendum. To meet them this afternoon. To send a message to the Lords presently.
The committee for this business sent away to the Lords. Sir Edward Coke to deliver the message: that this House, willing to expedite the great business, have accepted of the time and place propounded by the Lords yesterday.
MR. [EDWARD] ALFORD. To have these reasons allowed by the House. To have these committees to be the men to confer at the conference with the Lords.
SIR DUDLEY DIGGES. Something they had not power to do. What will follow this? Likely the Lords will declare the resolution of their House to break off the treaties. To have an addition. To have thanks given to the Lords for their desire of good correspondence with, and then to desire them to join with us to give thanks to the Prince; and to desire him to give thanks to his father for calling this Parliament. And to desire him also that public thanks may be given to God by the whole kingdom.
SIR EDWARD GILES. To have some remembrance had of the inveterate malice Spain bears to this kingdom.
SIR EDWARD COKE reports from the Lords. Delivered the message: commanded by knights, citizens and burgesses that the great committee of the whole House would give their Lordships meeting this afternoon at the time and place appointed. Prince excepted against him because he omitted "House of Commons".
[f. 24] Aliquid desideratur. Ever look to the end. When we meet with the Lords, thinks we shall agree. To add one thing more: that it will please their Lordships to join in petition to his Majesty, that seeing he has had the advice of his whole kingdom, that he will publish his royal determination hereupon. This will be a guide to our subsequent business and give us great alacrity to proceed in our other business. Never saw any petition from the Lords and us but the King granted it.
MR. [JOHN] PYM. To have the committee have in charge to give thanks to the Prince his Highness. Revives Sir Dudley Digges's motion.
SIR DUDLEY DIGGES. To deliver this himself at the conference.
SIR NATHANIEL RICH. To desire the King to declare himself presently. The sudden doing of it advantageous.
MR. [WILLIAM] CORYTON. Not to limit the King but to desire that expedition that, in his princely wisdom, he shall think fit.
SIR SIMEON STEWARD. To have these heads referred to several men.
MR. TREASURER. Something to be added to these reasons, and directed that these gentlemen shall be silent upon them if the Lords forestall us in them. Not of that mind. A more orderly proceeding; to proceed gradatim with them. To deliver our reasons as fully, too.
This approved of, and the committee trusted with this.
SIR ROBERT PHELIPS. May be the Lords will think it necessary to appoint a subcommittee to digest these reasons and make them fit for the King. To give authority to some.
MR. [JOHN] GLANVILLE. Consider the end of this meeting. The Lords say they and we should join in a representation of our advice to his Majesty. This must be by the Speaker of the Lords' House. [f. 24v] If we give power to a subcommittee, necessary to send a message to the Lords that they will give power to some of their House as a subcommittee to this end.
Agreed, upon question, that if the Lords, at the conference this afternoon, shall desire a subcommittee of both Houses to digest these reasons and make them ready for the King, that then this committee shall have power to appoint a subcommittee for this purpose.
Agreed, upon question, that these reasons delivered in by the committee shall be enforced by the committee this afternoon, as occasion serves.
SIR NATHANIEL RICH. To have some to report from this conference, and to have some trusted to manage the conference.
Agreed that these committees shall agree among themselves.
Mr. Treasurer added by the House to this committee.
Mr. Treasurer and Comptroller to take the same order there was the same time. And every man to bring his name in writing.
|Sir Edward Coke||Mr. Treasurer|
|Sir Edwin Sandys||Solicitor|
|Sir Robert Phelips||Recorder|
|Sir Nathaniel Rich||Sir Dudley Digges|
These are appointed to manage the business at the conference and to agree among themselves who shall make the report.
II. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Martis, 2 Martii 1623
1. L. Bill pur assurance de terres in Kente nuper Sir Henry James convict in premunire al ore Lo[rd] Maior de Londres.
[MR. HENRY] SHERFIELD move pur warrante pur brief pur electer burges al Southampton.
ATTURNIE DEL GARDS pur bill de continewances de statuts. Committee de touts lawyers, Satterdaye.
SIR EDWARD GILES pur staie de triall versus Sir John Eliot et son servant.
1. L. Bill pur conveyer terres del seignour Vicomte Montagu.
Committee de privileges tomorrowe.
[p. 164] LE SPEAKER move, que 7 Jacobi, order gave null poer avoir son bill pur naturalization lie le 2nd temps sans prester les serementes de supremacie et allegeaunce publiquements in le Huise, et ore deux duchmen preste le serements en le Huise.
2. L. Bill pur naturalizing Philip Burlamachi.
Sur question, nemy committe; sur 2nd question, ingrosse.
2. L. Bill pur naturalizing Giles Vandeputt.
SIR EDWARD COKE par 4 H. 4 naturalizing doient paier strangers customes, et lie al statute dimploients.
MR. [EDWARD] ALFORD pur committer cest bill et d'avoir cest proviso nemy d'avoir strangers biens.
MR. [JOHN] GLANVILLE. Report quix doient avoir precedencie par 2x causes:
Norfolke neint readye. Graie fait baron. Novel garrante. Boroughe de Southwark: retorne deste amended si falte en cest. 2x indentures retorne dun date. Pur l'incerteintie nest bon. Home electe ne poet naimer ou relingquishe. [p. 165] Sur question, [Mr. Richard] Yearwood staies. Novel brief pur autre.
1. L. Bill versus usurie pur abatement al £8 per annum pur usurie. Ultimo Novembris 1624 limitacon pur commencemente de cest acte; losse double vallewe.
1. L. Bill pur vendte de wooll et woollen yarne al firste readinge rule pur ascun poet parle al cest.
SIR EDWIN SANDYS. Fait report del select committee pur les treaties.
- 1. Spain nient content pur excercises de religion come autre princes pressed sur le Prince la a generall connivence al Romish religion.
- 2. Treatie continue, popery increase in number et boldness; preists et seminaries pur extirper Protestants. Devant divide, ore united.
- 3. Par advantage de ceux treaties oppresse les Royes amies et Protestant partie.
- 4. Set sur les Royes fils-en-lay et son allies et lour dominions over tout hostilities.
- 5. Deluded et abused le Roy, neglected le Prince.
Lour infinite delayes threaten incurable mischeifes par importuninge lui de relinquisher son religion; true to nothinge but there [sic] own grounded maxims.
SIR ROBERT PHELIPS. Approve ceux reasons et agree pur message al seignours pur conference.
SIR HENRY MILDMAY. Al mesme purpoase.
[p. 166] SIR DUDLEY DIGGES. Gratias al Prince pur constancie in religion, et al Roy pur Parliamente et generall thanks al dieu in tout le regne.
SIR EDWARD GILES. Al mesme purpose.
SIR EDWARD COKE. De joyner en peticion ove les seignours al Roy de declare luy mesme publiquemente pur allowance de notre declaracion.
MR. [JOHN] PYM. Al mesme purpose.
Le selecte committee d'avoir addicion de poier to desire les seignours, puis thanks al eux, to joner ove nous in thanks al Prince pur les discoverye et relation, par le Prince to gyve thanks al Roy pur cest libertie d'advise, and touts joine in peticion al Roy pur presentmente de faire publicke declaracion del cest resolucion, et publike thanksgivinge in tout le regen pur le safe retorne del Prince and pur cest resolucion.
Sir Thomas Edmondes add al selecte committee.
SIR ROBERT PHELIPS. Al cest conference d'avoir poier si cause de faire subcommittee.
MR. [JOHN] GLANVILLE. [Blank]
[p. 167] Post meridiem, al conference ove les seignours
Lord Keeper open cest conference: sincere et faire correspendencie.
Supplement threefold: 1. mache; 2. Palatinate; 3. heroicall resolucion del Prince.
- 1. Supp[lement]: treaty del mach 1er mocion primer [sic] proceed de Duke de Lerma al Bristol 3 November 1614.
- 2. Supple[ment]: promise dassister par armes si treaty ne prevaile. Cest promise devant al Bristol.
- 3. Honour del Prince et comforte del regne. July last, reporte in Spaine que le Prince et Duke voile steale awaye. Intercepte resolucion d'intercepter come prisoners. Le Prince respons: steal there out of love, will never steale from thence out of feare. Command al Graham to saye nothinge. If stayed, let the King give him loste, thinke upon his syster and her children.
Seignours, sur mature deliberacion le Royes charge, narracon, lettres, resolve super totam materiam Roy no longer renew or relye sur treaties [p. 168] ove ascun safetie de religion, de honour de royall estate, nor posteritie ove vous.
Lord [Sir Edward] Coke. Judges: consider, consulte and then judge.
Lord Canterbury. Few words to gyve God thanks, [and] to his Majestie to have advice. That wee agree in the same woordes; one harte, handes of the same bodye.
The Lords goe on with us that it maye not coole. Committee de 24 to goe on speedily to conferre and set downe [reasons].
Le Prince to sende message to the King que both Howses maye wayte upon the Kinge in shorte and a speedye daye.
After this conference, wee wente to the [ex]checquer chamber where sate the committee of privileges
Sir Alexander Temple for a burgesse of the citie of Winchelsea: John Finch chosen by the maior, jurats and freemen there, whereof there are 16, and the maior kept out 2, by whome the election had bene altered. Agreede the Howse to be mooved to sende for the maior.
[p. 169] Sir Edward Bayntun move pur peticon pur Stafforde [sic]. Al primer election, John Maynard et Mr. [John] Pym fuerent electe; al 2nd election, John Maynard et Sir Francis Popham. Le seignour Maynard, oyante que John Maynard, son frere, fuit electe en autre lieu, escrie al Sir Edward Bayntun d'avoir son autre frere Charles mise in l'indenture pur John and le maior et jurats fait cest accordant, le quil, par l'opinion del committee, fait grande offence car John doit este rotorne. Et in regard cest fuit lactede Sir Edwarde Bayntun hors de ingnorance et fuit home de bon deserte il agree de faire favourable reporte al Huise, et pur staier cest al autre jour pur Sir Francis Popham deste oye et donque novell brief.
Ambideux peticions pur Bletchingley fuerent lie et adjourne al Martis proximus.
Sir William Walter peticion pur burges de [Stafford]. Il fuit electe et 2x autres retorne. Adjournatur. Diete est retorne.
Peticion lie aux pur autre in quil est tiel case et adjournatur.
Peticion lie pur honer Sir Edward Cecil retorne et Sir Richard Younge adjournatur.
Peticon lie pur Arundel: Sir Henry Spiller et William Mill retorne et puis 12 o'clocke, electe Sir George Chaworth et retorne luy. Adjournatur.
III. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
Tuesday Wednesday [sic], 3rd [sic] of March
Upon SIR EDWARD GILES'S motion, ordered that all trials against Sir John Eliot should be stayed, excepting none of no kind; no, not debt.
An act for naturalization of strangers, made the 7 of the King, with a proviso that they should come into the House and take their oath. [Philip] Burlamachi and [Giles] Vandeputt took the oath of allegiance and supremacy in the House and were naturalized; a bill put in for that purpose.
[f. 89] SIR ARTHUR INGRAM did not oppose these particulars but said these bills were too general, that many passed for merchants strangers that were but factors for others and ventured nothing of their own; besides, they had many privileges abroad that ours had not.
MR. [ROBERT] BATEMAN. That these 2 Dutchmen had already as much by the broad seal as now they could have, being free from customs, but now being naturalized they might transport strangers' goods for their own, for which he moved they should take a third oath, which was yielded by the House; but the SPEAKER answered that an act of Parliament did license him to give these 2 oaths but none other.
MR. [JOHN] GLANVILLE in his reporting of the committee of privileges, being president of the committee, said that in deciding the election of one of the burgesses of Southwark, the committee was equally divided, 40 [sic] on the one side and 40 on the other, only one odd man who had no voice, his name being wrong writ.
It is not in a man's power, when he is lawfully chosen, to relinquish the place.
It was ordered that one of these burgesses that was legally chosen should stay in the House, and a new writ go out for a second; and a precedent produced in confirmation that at the last convention (for so is the last Parliament styled), Shoreham returned 2, whereof Sir John Morley was continued, being duly chosen, the other put out and a new writ went out by which Inigo Jones was chosen.
An act against usury, that he that shall take above [£]8 in the hundred after November next, 1624, shall forfeit treble the principal.
The SPEAKER against the order of the House to speak to a bill the first reading.
SIR GEORGE MORE brought a precedent that one may speak to a bill the first reading, though it be not so convenient.
SIR EDWIN SANDYS. Report of the committee's reasons about the treaties. Spain, not content to receive the ordinary provisions for religion, pressed for a connivance, which themselves interpreted as much as a toleration. The popish faction much increased and knit together, which were heretofore divided, as the Jesuits and secular priests. Under pretence of assisting the Emperor, these had much endamaged the Protestants, our confederates, disinherited the King's children and persecuted them with all hostility; then their insisting the Emperor should have the breeding and marrying the Palsgrave's son. Abusing and deluding the King by the treaty. Moving the Prince to change religion. The popish faction much increased during the continuance of this treaty in number and boldness, to the great danger of the kingdom unless remedy be [f. 89v] provided, which cannot be during this treaty. And during these treaties, with all hostility, these have assaulted the Palsgrave, spoiled him of his inheritance, and now at last instead of restoring, required to have his son brought up by the Emperor. They have abused the King and Prince in Spain and pressed him to conversion, contrary to all laws of hospitality.
SIR ROBERT PHELIPS. Spain in all these treaties has been a certain enemy and now a professed one. The house of Austria will never restore the Palatinate without a base treaty to us, which he hopes we will rather lose the ground than the honour. The Spaniard desired our help against the Turkish pirates. What the end was, he knows best, that noble gentleman that had the honour of the employment, or rather the misfortune, meaning Sir Robert Mansell. When Weston treated at Brussels and hoped for a cessation of the arms, the Imperials and Spaniards joined together, took Heidelberg, in the King's protection, and cut the throats of his garrison; and this shows the end of all their treaties. While the Prince was in Spain, the Electorate was transferred to Bavaria.
SIR HENRY MILDMAY. Per ea quae agnoscas praestita discas parare futura. Let us meet this afternoon with the Lords. Non iam consulamus quid dicendum sed quid agendum.
SIR DUDLEY DIGGES moved both Houses should give the Prince thanks for his care and continuance in religion, and calling the Parliament, etc., and, like the great son of heaven, mediating between his father and the people; and to desire the Prince, in name of both Houses, to give the King thanks for suffering these treaties to be handled in the House, and asking their advice, and to desire the King to declare himself according to their resolution and to give way that there be public thanksgiving to God over the whole kingdom for the Prince's safe return.
SIR EDWARD GILES. At the King's first coming, there was a proposition in the council of Spain of attempting upon England whereunto almost all agreed, but one ancient councillor said it was not yet time, we were not ripe enough.
SIR EDWARD COKE being sent of a message to the Lords and telling them this House would meet them this afternoon, said "the knights", "citizens" and "burgesses". The Prince said, Sir Edward Coke, by your favour, you are mistaken. You must add "of the House of Commons", else do not I know which you mean. This SIR EDWARD COKE reported himself to the House.
SIR DUDLEY DIGGES. Motion of 3 parts:
- 1. To thank the Prince.
- 2. To entreat the Prince to thank his father.
- 3. To desire him to give his resolution and permit a [f. 90] public thanksgiving.
This motion the House willed him to set down and give the Clerk to read, and also to make it himself to the Prince in name of all the House.
MR. [JOHN] GLANVILLE. When anything is presented the King from both Houses, it is done by the Speaker of the Upper House.
[Afternoon, conference of both Houses on the Spanish business]
Three heads of the [Lord] Keeper's speech at Whitehall:
- 1. The match, which first proceeded from them and was moved by the Duke of Lerma in a letter to my Lord of Bristol, 3 of November [sic] 1614.
- 2. The Palatinate, for recovery whereof the King of Spain promised Bristol his arms.
- 3. The honour of the King and Prince, for in July last there was a rumour spread in Spain that the Prince and Buckingham would steal away, and provision taken for their interception, whereupon the Prince sent word to the council of Spain that though he stole there for love, yet he would not steal away for fear. And presently, thereupon Graham's coming into England, the Prince bade him, if he heard he was stayed there, he should tell the King his father from him, he should think no more of him but as of one lost, but to think of his sister and her children. This the [Lord] Keeper added by way of supplement to Buckingham's relation, and that therefore the Lords thought fit both the treaties to be broken.
The Bishop of Canterbury said they had chosen a committee of 24 Lords and desired a proportionable number of our House to meet with them and set down the reasons why both treaties should be broken.
IV. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1
Tuesday, 2th [sic] March
A bill for the Lord Holdernesse.
The report about the great business. Reason conceived by the [blank]. 1. It is observed by the state of Spain not content with ordinary/
[p. 30] SIR ROBERT PHELIPS. Spain is an uncertain friend but a constant enemy to us. No treaty with Spain will ever deliver the Palatinate and the honour thereof without some base condition from us. After the navy went to do the King of Spain service, Spinola entered upon the Palsgrave's country. While the Chancellor of the Exchequer was at Brussels in a treaty, they took in the town then in the protection of the King of England. [Blank]
[p. 31] [Afternoon,] at the conference [of both Houses] at Whitehall
My Lord Keeper. The Lords desiring to entertain all sincere correspondency. The supplement threefold:
- 1. The treaty of the marriage proceeded not from us but from the Duke of Lerma, 1614.
- 2. The delivery of the Palatinate by force of arms.
- 3. The Prince being in Spain, a rumour was that they endeavoured to intercept the Prince, if the Prince should be stayed in Spain. The Prince sent to the King that in case he be stayed, he should not think no more of him as of a son but that his Majesty should reflect all his love and care upon his sister and her issue.
[p. 32] Their Lordships do conceive that the King ought not to hold further treaty with Spain, either for the match or Palatinate.
The Lord Canterbury. The Lords give thanks to God for discovering how he had been abused in this business, and thanks to the King in that he has given power to us to treat and advise of this great business. If ever there were anything that did tend to the good of the whole kingdom, it is this business we are now upon. The Lords have appointed a committee of 24 to meet with us to set down reasons to satisfy the King by reason why we break this treaty.
V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
2 private bills read for the selling Viscount Montagu's and [Sir Henry] James's land.
Ordered that the general bills of the last Parliament be read tomorrow and Thursday.
That all the lawyers be committees to continue revive statutes passed where any other to have voice, Saturday.
Committee for privileges adjourned from this day until tomorrow, lest sine die.
2 bills of denization read for [Philip] Burlamachi.
[SIR EDWARD] COKE. 4 H. 4, alien denizen pay strangers' custom and employment in English custom.
That three elected for Southwark is a good election for Southwark of [Mr. Richard] Yearwood, [Mr. Robert] Bromfield and [Mr. Francis] Myngaye. [Mr. Richard] Yearwood allowed by the committee, a new election for one.
The bill for £8 per £100 pour usury read that [f. 12] from November next all in the country. First read.
Bill, wool yarn to be bought and sold at pleasure, and all bonds to restrain it void.
Report of the reasons to dissolve the treaties by Sir Edwin Sandys written:
- 1. Observed that Spain not content for advance privilege, for her servants laboured a general connivancy and the consequences rebellion, upon her advantage of having the Prince there.
- 2. The Popish party increased, and depend of Spain where before of Rome, and they opposite to us and owes, the consequences dangerous.
- 3. That by the advantage of treaty, by colour to assist Emperor, oppressed all Protestants.
- 4. Disinherited his son-in-law and now have laid grounds of endless delay of that never intended in lieu of restitution, desiring education in Emperor's Court.
- 5. Last, the indignity to the Prince, by pressing his conversion from his religion contrary to all laws of hospitality and civility.
- 6. Their advantage of endless treaties for the restitution, which cannot be with our safety.
The committee to deliver the reasons by word and not writing.
SIR DUDLEY DIGGES moved thanks to the Prince, to desire him to thank his father for the convention; and that the King will declare himself and a public thanks to God, [f. 12v] and this declaration to be done presently.
[f. 16v] The borough of Southwark returned by 2 indentures — [Mr. Richard] Yearwood and [Mr. Francis] Myngaye, and Yearwood and [Mr. Robert] Bromfield — which I moved was as no return, since now 4 or 3 were returned, therefore, to proceed to a new election of 2. Yet overruled to be but of one, so do 3 indentures remain of record, whereas the sheriff should have been fined [f. 17] for his undue return, otherwise may he return all and none grieved can have their action.
[f. 17v] [Afternoon,] 2 [March], conference of both Houses
The Lord Keeper expressed the desire to entertain a sincere correspondency with, first, us by direction from the Lords and showed how he was to deliver a supplement to that deliver [sic], second, the advice of the Lords to the King. Supplement threefold: match, Palatinate and royal act of the Prince.
- 1. The motion proceeded from Duke of marriage, Lerma to Bristol, November 1614, as by letters.
- 2. Supplement for Palatinate, the King pressed from Spain a promise to join in arms by Bristol's letter, which shall be read when desired.
- 3. Last supplement, of the Prince's honour. July last, Prince in Spain; a rumour in Spain that the Prince should steal away, which, if it had been, Spain proposed to have taken them prisoners. The Prince sent this royal answer, that though they stole there in love, [f. 18] yet they would not thence in fear nor not so base a thought. Then he told Graham to say to the King proat, and sent word to the King, his father, that if he was stayed there, then he would think of his sister, not of him, and the good of his kingdom sic omnia unum amore vincit amor patriae.
The Lords, upon consideration of the narration and supplements, resolved supra totem materium that the King cannot any longer remain in neither treaty with honour, safety of his estate and grandchildren.
Sir Edward Coke. That we consulted and resolved nullo contradicente. They followed the Book of Judges, consider consul and then give sentence: it cannot be continued with safety to religion, his honour and safety of the kingdom. Move a petition upon the ground that all joining never denied. That the King would resolve upon the breach and publish it, that it may stir us up with alacrity to proceed and to the comfort of his neighbours abroad.
[Archbishop of] Canterbury. Upon return of our answer, commanded to give God thanks that all so declared body [sic] the King's eyes. Thank the King that called us for joining all we, the two eyes. That the Lords will go on to alacrity and join with us. [f.18v] That they have appointed 24 [to a] committee to set down our reasons that the King may see and the world be satisfied, and desire a committee from us to join proportionally, which must be twice so many to be sent next morning. (And done).
VI. DIARY OF SIR NATHANIEL RICH, BL, ADD. MS 46,191
Tuesday, 2 March
Order, that a bill which is apparently against the good of the commonwealth may be spoken unto at first reading, as the statute against fraudulent conveyances anno 27 Elizabeth.
The report of the committee to prepare for a conference with the Lords touching the reasons on which they resolved the breaking of both treaties, delivered by Sir Edwin Sandys in writing.
SIR ROBERT PHELIPS. Where princes seek doubtful friends or certain enemies, no marvel if deluded. He approves them as grounds to treat upon with the Lords, but would be reviewed if to be delivered as positions grounded.
Notes some particular passages by which we may discern that the house of Austria and see of Rome will never deliver the Palatinate. When Spinola raised first his forces then to lull us asleep, we were told it was only to pass into Bohemia. At the same time, a proposition from Spain to join with him against the Turkish pirates. As soon as our navy was gone to do the King of Spain service, Spinola goes into the Palatinate and took that country.
The King thus pressed, sent to the Archduchess Sir R[ichard] Weston, who first discovered their indirect proceedings. While he hoped to procure a cessation, Heidelberg and Mannheim, with the King's colour in them, were surprised by the Imperial and Spanish forces together.
The last observation: when the Prince with them in Spain, there wanted not hopes that by the Spanish endeavours the electoral dignity should be preserved. But this was translated to the Duke of Bavaria while the Prince was then in Spain.
Moves, as the work of this day to send to the Lords, that we will meet and confer with them this afternoon. Secondly, for the manner and governing of the business when we do meet: it is like the Lords will declare what they have done and that they will honour us with their reasons and tell us that if we be satisfied, they shall be glad of it. [f. 20v] If we concur with them, our labour may be saved.
SIR HENRY MILDMAY. The seeing into our ministers of state. Non iam quid dicendum sed quid agendum consulere debemus. Therefore, for the love of God, to confer this afternoon. [Blank]
[f. 19v] At a conference with the Lords, Tuesday in the afternoon in the hall at Whitehall, 2 March
Lord Keeper. This conference opened with acquainting them with 2 things:
The supplement threefold:
Thirdly, a resolution of his Highness.
- 1. First, concerning marriage: the source of this match from that state. 3 November [sic] 1614, some 9 years since.
- 2. For the Palatinate: the King presses an assistance by arms. This has been formerly promised in Bristol's letters.
- 3. The honour of the Prince. About July last, the Prince then in Spain, a rumour the Prince meant to escape. Hereon, a resolution to intercept them and hold them prisoners. Whereupon answered, he had come there out of love, they would not escape with fear nor do so base a thing. This much, yet more, the Prince dispatched Graham that if he was stayed, he should never think more on him.
The Lords taking into mature consideration what his Majesty had commanded and thinking of what was delivered by the Prince and Duke and letters, that the King can no longer rely on either treaty with conveniency of religion, honour, state and grandchildren. They desire to know our opinions, to whom they have had reference.
Sir Edward Coke. They have taken into due consideration this great and weighty business, deliberately consulted and resolved both treaties to be dissolved. Led hereunto by the Book of Judges: consider, consult and give sentence. We resolve on the same grounds.
Lord Archbishop. Gives thanks to God that has opened our eyes. Secondly, to the King, that he asks our advice. Thirdly, and thanks us for our concurrence in this great business. As it comes from one head, so from one heart. These 2 Houses the 2 eyes and hands of the same body. They will concur with alacrity. They appoint a committee of 24.
VII. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
After bills read, we sent the Lords word that, according as they desired, we would meet at the time and place appointed, and then resolved of some reasons if the Lords desired to propound any, and nominated a committee to make report to the House.
At the meeting, the Lord Keeper showed us that the Lords had resolved to break off the treaties absolutely, and desired to know of our opinions, and told us that this match was not of our seeking but first propounded [f. 98] by the Duke of Lerma to my Lord of Bristol in November 1614. And in June last, when the Prince was in Spain, the Spaniards cast out a report that the Prince had a purpose to steal out of Spain, and thereupon gave charge to look straitly to all their ports and passages. When the Prince charged their consult committee with it, they answered they did it because, that since he came in love to them, they would not have him depart without taking his leave. But the Prince dispatched Mr. Graham for England and gave him in charge if he heard that his Highness was stayed, that the King should not think no more of him as a son but provide for the safety of himself and state, and look upon his sister.
Then after we had declared that we were of one mind with the Lords to break off the treaty, then my Lord of Canterbury told us how much we had cause to praise God that had made us of one heart with that head which was the King, whereof we were the 2 eyes and the 2 hands of that body, and that the Lords has appointed a committee of 24 Lords to join with a committee of our [sic], according [to] our accustomed number, which is usually double as many as the Lords, to consider of reasons to deliver to the King and publish to the world.
VIII. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Tuesday, 20 Martii 1623
A committee appointed of all the lawyers of the House, and whosoever will come is to have voice, to provide a bill of repeal and continuance of statutes, to sit Saturday next.
It is ordered that there shall go a letter from the Speaker to stay a suit of trial that is against Sir John Eliot, and the like that is against his man, of nature so ever the actions be.
[f. 40] By the statute of 7 Jacobi, no bill for the naturalizing of any may have a second reading until the parties which desire to be naturalized do here openly in the House take both oaths of supremacy and allegiance.
Mr. Philip Burlamachi, merchant, London, and Mr. Giles Vandeputt of London, merchant, do here now take both these houses [sic].
SIR EDWARD COKE. 4 H. 4. That though a stranger be made denizen, yet he pays aliens' custom and is still bound to statute of employment, and therefore he would have us sparing in passing of bills of naturalizing because else we shall impair the King's revenue.
MR. [EDWARD] ALFORD would have a proviso added to such bills that if any such as be naturalized here do colour strangers' goods, he shall lose his naturalization.
MR. [JOHN] GLANVILLE makes report that the committee of privileges did determine that there being by the sheriff two returns made for Southwark, wherein [Mr. Francis] Myngaye and [Mr. Richard] Yearwood were returned in one indenture, and [Mr. Robert] Bromfield and Yearwood in another, that both the returns were undue for the uncertainty of the returns.
The same is the opinion of the whole House.
It is the resolution of the House, by question, that Mr. [Richard] Yearwood, who was double-elected, notwithstanding the return was not good, shall sit here in the House, and a writ go for the election of another be joined with Yearwood.
[f. 40v] An act against usury. r. p.
By this, that none shall from 240 Junii, which shall be in 1625, take above £8 per centum and all bonds for above £8 per centum shall be void and shall forfeit a treble value of such bonds or sums so let for above £8 per centum, the moiety to the King, th[e] other to the informer, who shall sue for it in the same county.
An act for liberty of buying and selling of wools and woollen yarn.
By this, that there shall be liberty to buy and sell wool, etc., without danger or penalty of any law of statute to the contrary. Dormit Lords.
SIR EDWIN SANDYS. Report from the select committee which was appointed to collect the reasons of our opinion that the King should break off both treaties. Reasons conceived by the select committee to fortify the resolution of the House:
- 1. It is observed that the state of Spain would not be content with those ordinary provisions for the exercise of their religion by the Infanta and her own servants, which other princes would, but that they pressed upon the advantage of having the Prince's person, a continual connivancy of religion for the subjects of our King, to the great dishonour of God and the religion here professed.
- [f. 41] 2. It is observed that during the continuance of this treaty, the popish faction is much increased and the Jesuits have drawn the priests to them and so they are generally united together. The priests depend as much upon Spain for temporal matters as on Rome for spiritual.
- 3. It is observed that by deluding his Majesty, they have taken advantage to oppress the Protestant party in other places of Christendom, the confederates of his Majesty.
- 4. During the time of treaty, they have in hostile manner invaded the territories of his Majesty's daughter's husband and disinherited his grandchildren of their patrimony, and brought their certain difficulties to apparent impossibilities (so restless are their desires) by offering a marriage of the Emperor's daughter to the Palsgrave's son and to have him brought up in the Emperor's court.
- 5. That they deluded his Majesty, showed small respect to the Prince and, contrary to the custom of great princes and the laws of honour and hospitality, they pressed his Highness to conversion of religion. Whereto may be added the infiniteness of their delays.
SIR ROBERT PHELIPS. That Spain has been a certain enemy to us in all these treaties. He would have that part of our reasons concerning the wrong [done] by the Spanish to the Palatinate enlarged by some particulars, and he believes that the Emperor and the see of Rome will never restore the Palatinate with its honour, that is, the Electorship, and to have it without its honour is so base as no man will, he thinks, accept of it. Since we are thus prepared with our reasons, he would have us presently send to the Lords that we will meet with them at the conference this afternoon, but would not have our reasons [f. 41v] presented in writing to the Lords.
A committee to this purpose is sent now to the Lords to signify we will meet this afternoon.
SIR DUDLEY DIGGES would have us compliment with the Lords for their good correspondency, and then desire their Lordships to join with us to give the Prince thanks for his great care and constancy in religion and for the care he has had of the good of this kingdom. Then, that their Lordships will also sue to his Highness to be pleased to give the King thanks that, notwithstanding all that the Devil and wicked men could do, he has assembled us here again in Parliament to advise of this so great business, and that this resolution to break both these treaties may be published and declared broken forthwith and the King would command there may be a general thanksgiving through the kingdom to God for the Prince's safe return and (if the Lords shall join with us in opinion for the breach of both the treaties) for the concurrency of the opinions of both Houses for the breach of both treaties.
Sir D[udley] Digges is appointed to deliver to the Lords the effect of what he has before propounded to the consideration of this House.
It is ordered that if the Lords do at the conference propound to have a subcommittee to select the reasons of both Houses and set them down in writing, [f. 42] that some of the committee that did first select the reasons shall say we will appoint a subcommittee to that purpose, and that five of the same committee shall at the conference speak, treat and give answer to the Lords. And Sir Edwin Sandys shall make report to this House from the conference. The 5 men are Sir Thomas Edmondes, Sir Edward Coke, Sir Edwin Sandys, Sir Robert Phelips, Sir Dudley Digges and Sir Heneage Finch.
[Afternoon,] at a conference of both Houses, Tuesday, 30 [sic] Martii 1623, concerning the treaties with Spain of the marriage and the restitution of the Palatinate
Lord Keeper says he was commanded by the Lords to entertain all fair correspondency with us and that he is appointed to acquaint us with 2 heads:
- 1. A supplement of the relation which was delivered to us by the Duke of Buckingham.
- 2. An opinion of their Lordships' super totam materiam upon the bulk of his great negotiation.
The supplement is threefold:
- 1. That part concerning the treaty of the marriage.
- 2. Concerning the treaty for the Palatinate.
- 3. An heroical act and resolution of this our Prince, which is worthy to be know[n] to us and all the kingdom.
The first is that the first source and first motion of the marriage proceeded from Spain by the motion of the Duke of Lerma, [f. 42v] as by the letter of the Lord Bristol, 30 Januarii 1614 appears, which is above 9 years since, 12 Jac.
2. The supplement concerning the Palatinate: that our King always insisted on the restitution of the Palatinate, and that the King of Spain promised (as appears by the dispatches of the Lord Bristol, dated 19 August 1622) that the Palatinate and the Electorate should be restored to the Palsgrave, he conforming himself to Emperor in what should be fitting. And by a letter dated 21 September 1622, the Lord Digby certified our King that both Olivares and the King of Spain did promise a restitution of the Palatinate; and if the Emperor should refuse these to do, then Spain would assist our King with arms against the Emperor.
3. Concerning the honour of the Prince: that much about July or August last, that there being in Spain a rumour that his Highness and the Duke of Buckingham should attempt to steal away, so (as his Highness was informed) the state of Spain had not only laid wait to stay his Highness and when he should be so stayed, that they had an intention to retain his Highness and Buckingham as prisoners; and thereon, the Prince sent word to the committee in Spain that though his Highness did steal there out of love, yet would he not steal thence out of fear nor act so base a thing. But this was nothing to that which followed, for the Prince sent word by Graham that if our King should hear of the resolution of Spain to stay him, that his Highness did desire his Majesty not to think on him as his son but as a lost man, and reflect on his sister and her children and his own state and kingdom. The Lord Keeper concluded with this sentence, sic omnes unus amore[s] vicit amor patriae. That Gondomar did offer on the treaty to our King the title of the United Provinces, but never after the treaty did make mention of it again.
[f. 43] 2. Concerning their Lordships' resolution and opinion: 2. that the Lords are resolved super totam materiam that considering these things, his Majesty cannot continue either of the treaties any longer with the conveniency of religion nor with the honour of the King nor with the safety of his royal state, nor the welfare of his royal children and posterity.
Sir Edward Coke reported to his Highness and the Lords, that we had duly considered and maturely consulted and nullo contradicente resolved that we thought it fit that his Majesty should break off both the treaties; and we desired that their Lordships would join with us in petition to his Majesty that he would declare these treaties presently broken.
Lord Canterbury said that their Lordships do first give thanks to God that he has given us this light whereby we see the abuses of the Spaniards to us in these treaties, and next to the King that did call us to advise of this great and weighty business, then to the House of Commons that they concur. That both the Houses of Parliaments [sic] are but the 2 hands of the body of this kingdom, whereof the King is the head. That concerning our desire to join, that their Lordships have appointed a committee of 24 of their House to meet and to confer with a committee of our House's, if his Majesty shall think fit, to set down the reasons of these our resolutions for the satisfaction of our King and all the Christian world.
The Prince said that after the committees shall be agreed on the reasons to satisfy the King, a messenger shall go to know of the King when he will be pleased that committees of [f.43v] both Houses shall attend to give their humble advice in these great businesses of the treaties, both of the match and Palatinate.
At our motion, the Lords say we shall have the reading of the dispatch sent from Bristol to our King concerning the King of Spain's promise to assist our King against the Emperor in case he will not restore the Palatinate on treaty.
IX. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Tuesday, the 2nd of March
A motion was made that some course might be taken for a continuance of all the laws that have formerly been enacted and practised and had reference to continue until the next session of Parliament, that they may be read and confirmed; and it is ordered so, that all the lawyers in the House shall collect them at a committee and to report them to the House.
There was a motion made to the House on the behalf of Sir John Eliot, that is a member of the House, that whereas there is a trial gone down to the assizes against him and his man, that it might be respited during the time of his attendance on the Parliament.
It was crossed by one that desired to know whether the House pleased to privilege any man upon just actions of debt.
It was answered by another that he thought this trial was not so, but yet if it were or not, the common voice of the House was then for all causes whatsoever, and it was so ordered.
An act was read for transferring the power and sale of lands that were the late Lord Dormer's from Viscount Montagu and others, who had them in trust, to Sir George More and others according to that trust.
[Philip] Burlamachi and [Giles] Vandeputt were admitted to come in and receive their oaths of allegiance and supremacy before the bill for their naturalizing could receive a second reading, by course of a statute made 7mo Jacobi to that effect, and the bills for them were then read the second time.
[p. 64] SIR ARTHUR INGRAM moves against the frequent and ordinary passing of such bills, not against these in particular, but said it had wont to be a matter of great favour and is a thing of great consequence, for the commonwealth may receive much prejudice by it, many that have been here naturalized being but factors for foreign merchants, in effect, and not merchants themselves, and by that colour they have the means to traffic as freely as [those of] our own state and do vent their commodities here the better; and it is probable, though not always discovered, that they export our coin and seldom do they vent our home-bred commodities forth, and though there is law against such a course, yet it is seldom enforced and the offence hardly proved.
MR. [ROBERT] BATEMAN said that they have as much privilege by the patent from the King to make them free denizens as they can have by naturalizing, but speaks not against these, only advises to be wary not to make this course too common.
SIR EDWARD COKE denies that the free denizen has as much privilege as the natural subject by law, for that in 4 H. 4 a law was made that a free denizen must pay as much custom as a stranger and must be bound to the statute of employment.
These bills are ordered to be engrossed.
MR. [JOHN] GLANVILLE offers a report of a committee, saying that in order and reason it should have priority to all other bills or motions, both by the order of the House and for that many things fitting to be reported to the House may else slip the memory of the reporter.
This committee was of elections, commonly called of privileges.
The causes then heard with the course of handling at the committee and the orders of the House follow.
[p. 65] Sir William Grey, chosen knight of the shire for Northumberland, is now a baron and of the Upper House, and a writ for a new election of one in his place is requisite.
And so ordered.
There was a difference for the burgesses of Southwark, Mr. [Francis] Myngaye, Mr. [Robert] Bromfield and Mr. [Richard] Yearwood, they were all three returned but thus. Some of the borough freeholders returned an indenture to the sheriff with [Mr. Francis] Myngaye and [Mr. Richard] Yearwood, some others another or [Mr. Robert] Bromfield and Yearwood. The committee happened to be equally divided in opinion 20 to 20, just 40 being present. Upon this, doubt whether the returns were both naught and that a new election must go out and a return for both, or whether, because [Mr. Richard] Yearwood was returned in both, his election should stand good and the return for him, and only a new writ and warrant for another.
After long debate in the House, the returns were neither of them thought good, the one so punctually crossing the other, and order was that a new warrant should go forth, but with care that [Mr. Richard] Yearwood be returned again, and in the mean season, he is not to sit.
An act for limitation of usury to £8 per centum.
Some offered to speak to this bill, but because it was the first time of reading now, it was said to be against order. But SIR GEORGE MORE said that the House had taken liberty to speak to the bills at first reading, as in the 27 of Eliz. the bill of fraudulent conveyances was cast out upon motion made the first reading.
The SPEAKER remembers the House that for bills of monopolies or such as are to the general prejudice, they are often spoken to and cast out the first reading.
SIR EDWIN SANDYS reports that at the select committee appointed to collect the reason which should fortify our opinion for the breach of the treaties, certain heads were drawn out and he exhibited them written, which the Clerk read as follows:
[p. 66] The reasons of the Lower House moving them to give their opinion for the breach of the treaties with Spain, or at least the brief notes of the chief parts of them.
- 1. First, for that in these treaties, the King of Spain does not content himself with such ordinary demands and capitulations for the exercise of the religion of the Infanta as has and is usual among other princes, but have pressed and insisted on a general connivency for the Catholics. [Blank]
- 2. For that hereby, in continuing the treaties, the papists in this kingdom have increased and yet will do both in number and boldness; and that whereas they were heretofore at odds and dissension among themselves, they are now united in a dependency on Spain for temporal things as upon Rome for spiritual, and that the dangerous consequences hereof cannot be prevented without the treaties be dissolved.
- 3. They have by colour and pretext of these treaties, taken advantage and still will do to oppress the Protestant party abroad in all parts.
- 4. They have during these treaties with all kind of hostility, invaded the inheritance of the King's son-in-law and his grandchildren and disinherited them of their estates and denied the restitution of it, to the great dishonour of the King, and yet do offer more indignities in requiring the eldest son of the Palatinate to be delivered over to be educated by the Emperor.
- [p. 67] 5. The apparent abuses offered the King during these treaties by deceit and delays, and the base respect offered the Prince when he was in Spain, to attempt his religion contrary to the laws of nations and hospitality, for the advantage of their own ends, whereas he ought not to have been pressed to anything.
- [6.] Lastly, they still invite to new treaties, which cannot but still endanger us more.
These were the reasons collected at first by the committee out of the several opinions given for the breach of the treaty.
SIR ROBERT PHELIPS said that princes seldom find real and firm acceptance when they treat with princes false and uncertain, as Spain is both. He holds it impossible that ever the Pope, the Emperor or Spain, can or will restore the Palatinate in any honourable fashion for us to take it, and with dishonourable conditions it is not to be accepted, and we may find this their intendments by a view of their proceedings concerning it. When Spinola first did stir, his pretence was for to assist the Emperor in the quarrel of Bohemia, but instantly he fell directly on the Palatinate. When our King with his ships assisted Spain, upon an entreaty of aid against the pirates of the Turks, and whilst the Chancellor of the Exchequer, Sir Richard Weston, did treat a peace at Brussels, the Emperor and Spanish forces took Mannheim and Heidelberg, although the English held it and English colours were displayed there. Further, while the Prince was in Spain among them, even then the Electorate dignity (the honour and hopes of the Protestant part), was transferred to Bavaria. These are plain demonstrations of their intendments and bad dealings towards us.
[p. 68] SIR DUDLEY DIGGES. That there may be, by the committee that are to meet with the Lords in the afternoon, thanks given to the Lords for their good correspondency, to the Prince, in humility, for his constancy in his religion; and that a petition be made to the Prince that in name of both Houses, he will be pleased to present the thanks of both Houses to the King for the confidence of his trust reposed in us for advice in these affairs, and that the Prince and both the Houses would please to petition the King that public thanksgiving may be given to God from the King, Prince, state and all the people for the miraculous bringing these things about and for delivering us from Egypt from the house of bondage.
The Lords are certified by message that we will meet them this afternoon.
SIR EDWARD COKE moves that the Lords may be moved to join with us in a petition to the King, that upon the receipt of the reasons and advice from the Lords and us, he will be pleased to declare himself, as soon as is possible, that he accepts of this advice, and that it be published that a general thanks be given to God for the Prince's safe return.
A committee is appointed to deliver the Lords our reasons by word of mouth this afternoon at Whitehall. [Blank]
[p. 69] At the committee of the whole House meeting with the Lords at Whitehall, the 2nd of March in the afternoon
The Lord Keeper said, the Lords' desiring to continue in all faithful correspondency with this House, have desired this meeting with us, to give us knowledge of some things that have been made known to them since the late relation made by the Prince and the Duke of Buckingham to both Houses, and they should understand it in a threefold supplement to that relation. The 3 supplements were:
- 1. Of the marriage.
- 2. Of the Palatinate.
- 3. Of an heroical act or two of the Prince his Highness, never to be forgotten.
The first was to let us know that by a letter sent from the Duke of Lerma in January the 3rd 1614, it would manifestly appear that the first overture and solicitation of the match proceeded only from him and the part of the Spanish King. The letters for this were delivered to us.
Secondly, to prove that whereas the King had always required assistance from the King of Spain, that in case he could not obtain the restitution of the Palatinate by treaty, that the King of Spain should aid him with arms, that this was promised by letters from the Conde Olivares, as was proved by letters from the Earl of Bristol, wherein now they have failed and broke promise with the King.
Thirdly, it ought to be known and that to the honour of the Prince and our nation in having such a prince, that when a rumour was raised in Spain when he was there that the Prince and the Duke would steal away, and that to prevent it, watch was set and command and purpose to take them as prisoners, the Prince sent the Duke with this message to the Lords of that council, that though he stole there for love, he would not steal away for fear. Further, that when Mr. Graham came away for England, he bade him, if anything befell him in that kind to be stayed, that from him he would entreat the King never to think of him more but as dead and to reflect all his care on his kingdom and his sister and her children.
[p. 70] The Lords' opinion was then declared to us that they, from the relation made by the Duke, the consideration of these letters and from the reasons of these last supplements, super totam materiam, they are all resolved upon this opinion, that both in regard of religion, the honour of the King, and the safety of his person and estate and the estates of his grandchildren, the treaties cannot nor should not longer continue, and they desire to hear our opinion.
Sir Edward Coke answers that the House of Commons, according to the rule of the Book of Judges, consider, consult and then give sentence, have deliberately considered, maturely consulted and unanimously resolved that the treaties, both of the match and the Palatinate, are to be broken off. He desired the Lords that they and we might humbly petition the King that he would be pleased to publish (in his due time, which we desired might be as soon as might be) that he did accept of this advice, adding that he never observed in his memory that ever the King did deny any petition exhibited to him by both Houses.
The Archbishop of Canterbury said that the Lords have given thanks to God for discovering so plainly to the King the hard measure and abuse offered him, that they give thanks to the King for requiring advice of them in this, and also thanks to the House of Commons for their good correspondency with them, in the same desires and almost in the same words, and perceives that this is done with one heart; they are indeed two eyes or two hands but have but one head and should ever have one heart, and moved them to go on cheerfully for if ever anything tended to the glory of God and the good of religion and the state, this it was. Wished them to [p. 71] consider the blessings of God upon the Prince and that they should proceed carefully and diligently to finish this so prosperously begun. Tells us that the Lords have appointed a committee of 24 to confer with a special and convenient number of our House to collect and confer upon the reasons of either House, by which either were moved to give their opinions as they have.
The Lord Keeper gave thanks for this good correspondency and they promised us the sight of the letters.
And so this conference ended.
X. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932
20 Martii 1623
An act for conveying and assuring lands of Sir Henry James in Kent.
An act for transferring diverse lands of Viscount Montagu to Sir Francis Englefield and Lord Dormer.
Second reading. Engrossing. An act for the naturalizing Philip Burlamachi of London, merchant.
Second reading. Engrossing. An act for naturalizing [Giles] Vandeputt, London merchant.
[SIR EDWARD] COKE. 4 H. 4. If any be made a denizen, he ought to pay strangers' customs; to naturalize any, he is not bound to the statute of employment nor custom.
[MR. JOHN] GLANVILLE. Report, [committee for] privileges. Sir William Grey being made a baron made since he was chosen knight of the shire for Northumberland.
For a burgess of Southwark, 40 of the committee, xx one way and xx the other. A warrant was brought to the sheriff; the election was by holding up of hands; 3 was in election, [Mr. Francis] Myngaye, [Mr. Richard] Yearwood and [Mr. Robert] Bromfield. Some burgesses did return [Mr. Richard] Yearwood and [Mr. Francis] Myngaye, the other did return Yearwood and [Mr. Robert] Bromfield. 2 being returned opposite by one bailey and one by another, it was judged a void election. It was pretended that [Mr. Francis] Myngaye got the key and would not let all come in; next, the indenture was said to be razed, but not proved.
It is ordered that election between [Mr. Robert] Bromfield and [Mr. Francis] Myngaye be void and a new writ to go. [f. 18v] It is ordered that election and return of the sheriff shall stand good and that Mr. [Richard] Yearwood may sit still in the House and a new writ to go out for a new election of another burgess.
First reading. An act against usury.
First reading. An act for liberty of buying and selling of wool and woollen yarn.
SIR EDWIN SANDYS'S report. The committee for this great business reduced it unto reasons not to proceed with Spain.
- First, not contented with the articles, pressed a connivance in religion for all his.
- Next, the increase of the popish faction formerly separate, now joining with Jesuits and Spaniards.
- Thirdly, that by their hope to keep his Majesty off general peace have/
- 4. With hostility, set upon his Majesty's son-in-law and deprived him of his inheritance, with all that royal offspring, and now, when they should have made good term, their descending to impossibilities.
Lastly, their little respect to the Prince, their deluding the King and pressing the Prince to alteration of his religion, contrary to all laws.
[SIR ROBERT] PHELIPS. Spain has been a certain enemy by these reasons and the last reason may better demonstrate. When Spinola raised his forces, was for no other cause but to go to Bohemia. Then was required an assistance of the king against pirates, then Spinola went to the Palatinate. [f. 19] When the Infanta was solicited for the surrendering that part of the Palatinate, taken Mannheim. The last was when the Prince was in Spain, it was desired that the Electorate might not be conferred upon the Duke of Bavaria, which was contrarily done and congratulated by the King of Spain.
[SIR HENRY] MILDMAY. To send away the message presently.
The committee is sent to the Lords.
An act of the continuance/
[SIR DUDLEY] DIGGES. That our preamble to the Lords be our thanks to them for the correspondency between both Houses, and to present our humble thankfulness to the Prince for his favour and constancy to religion, and that he would, in all our names, give all humble thanks to his Majesty for accepting our advice in so great a work and that he will declare himself to the world, and that there may be through the kingdom a general thanks to God for his gracious favour herein.
[SIR EDWARD] COKE to that effect.
[MR. JOHN] PYM to the same effect.
XI. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
Martii 2, 1623
An act for settling some land of Sir H[enry] James attainted in a praemunire.
A new writ for burgesses of Southampton in place of Mr. [Henry] Sherfield, double return.
[Philip] Burlamachi and [Giles] Vandeputt sworn before the 2nd reading (and inter [Viscount] Montagu and [Sir Francis] Englefield) of their bill according to 7mo Jacobi.
An act for the naturalization of Philip Burlamachi and Giles Vandeputt.
SIR ARTHUR INGRAM against these 2 and every general passage of naturalization. These are both merchant strangers and factors, and so will enter themselves in their own custom and the good[s] of such others as shall be consigned to them. By the opportunity of their acquaintance, friends and kindred, they can better furnish themselves with foreign commodities and better vent our English than our own merchants, and having immunities both here and there will surely eat us out of trade, besides the great loss sustained in the King's customs, and their discharge from the statute of employments.
It was added further by SIR EDWARD COKE that their letters of derivation could not discharge them from the statute, but they were to put in bonds as well as strangers.
And by MR. [EDWARD] ALFORD it was moved that a proviso might be added to those bills of naturalization, that if they should bring any strangers' goods with a purpose to deceive the King, they might be void.
MR. [JOHN] GLANVILLE. That reports were to have precedence of other business for 2 reasons:
- 1. Because they are of things concluded, which the House favours more than those things which are in motion.
- 2. Because they consist of divers particulars which may slip out of the reporter's mind.
So he proceeded to his report, which consisted of 2 particulars:
- 1. Concerning Northumberland. That Sir William Grey, chosen kt. for that county, was made a baron and therefore a new election desired.
- 2. The case of Southwark. Three persons propounded, [Mr. Francis] Myngaye, [Mr. Robert] Bromfield and [Mr. Richard] Yearwood. The election for [Mr. Richard] Yearwood clear, but two returns, by some Yearwood and [Mr. Robert] Bromfield, by others Yearwood and [Mr. Francis] Myngaye.
- [1.] For [Mr. Francis] Myngaye, that in the beginning he had the greater number of voices, though afterward it was confessed that [Mr. Robert] Bromfield had more.
- 2. That [Mr. Robert] Bromfield did confess he had lost it.
- 3. That he offered to relinquish.
In which case, three things were resolved by the committee:
- 1. That no man being chosen could waive his own election.
- 2. That the two motions were void for the uncertainty.
- 3. That the election of [Mr. Robert] Bromfield was a good election.
The 2 first points were confirmed by the House, but not the third. Whereupon it was ordered that for the first place, the return should be amended, and for the second there should be a new writ.
[f. 14v] An act against usury.
An act for free buying of wool.
MR. [ROBERT] BERKELEY. That this bill derogates from the clothier, who have pre-emption by laws yet in force. That whereas there are 2 other bills, one against transportation, the other to enlarge the trade of cloth, he desired they might all go together.
It was agreed, for the order of the House, that no man ought to speak at the first reading of a bill unless it were to cast it out.
SIR EDWIN SANDYS reported from the select committee five reasons in maintenance of our advice concerning the dissolution of the treaties, whereof these were the heads:
- 1. The excessive demands to the prejudice of religion.
- 2. The danger of the Spanish party here.
- 3. The advantage taken by these treaties to oppress the Protestants beyond the sea.
- 4. The injuries done to the King's son-in-law and the new difficulties thrust into the treaty of his institution [sic] that his eldest son should be brought up in the Emperor's court.
- 5. The affront offered to the Prince in Spain in moving him to forsake his religion.
A message ordered to acquaint the Lords with our readiness to meet them in the afternoon.
SIR DUDLEY DIGGES. To add thanks to their Lordships for their correspondence, to the Prince for his constancy in [blank], with a request to his Highness to present our thanks to the King and a suit that general thanks might be given throughout the kingdom.
The former were passed, by question, and Sir Dudley Digges sent with the message.
Eodem die, at a conference of both Houses at Whitehall
The Lord Keeper, being appointed to propound the cause of the conference, divided it into 2 general parts, the first being a supplement to the former narration, the second, the judgement of the Lords super totam materiam. The supplement did cooperate with the narration to that judgement and both contain 3 particulars:
- 1. That the first source and beginning of the treaty of marriage was from the state of Spain by motion of the Duke of Lerma to the Earl of Bristol, proved by his letter 3 June [sic] 1614.
- 2. That in the treaty for the Palatinate, there was an assurance of assistance by arms if the treaty did not prevail
- 3. Was an heroical act of the Prince. In July last, being in Spain, a rumour was spread that his Highness and the Duke provided to steal away, and this imaginary conceit produced real provision to intercept them, with a resolution to stay them, if they were intercepted, to make them [f. 15] prisoners. Whereupon the Prince sent this message: they came there in love, they would not steal thence in fear. He could not act so base a thing; though they were guilty of thinking it, he would not be guilty of doing it. Afterwards, when Graham was sent for England, the Prince called him and bid tell his father that if he should hear he were stayed, he should never think upon him as a son, but upon his sister and the preservation of his estate. Sic omnes unus amores vicit amor patriae.
The Lords' resolution were super totam materiam. That for his Majesty to rely upon either of the treaties could not stand with the convenience of religion, safety of his honour or of his state, nor of his children, nor grandchildren. Herein he desired to know whether the Commons did concur with them, to whom their opinion had ever reference.
Sir Edward Coke made known to them the like resolution of the Commons.
The Lord Archbishop delivered, after a small pause and consultation with the other Lords, thanks to God that had opened the King our master's eyes, to the King for asking our advice and to the Commons for concurring with the Lords, wherein we all agreed like one heart, or had 2 eyes and 2 hands to preserve the same body. And if anything were ever done in Parliament for the incorrupt preservation of religion, the Prince's honour and safety of the people, this is it. The Lords were resolved to go on with the same alacrity wherewith they had begun, and therefore had appointed a committee of 24, to be joined with a proportionable number of the Commons, for setting down the reasons of this advice, which being pursued they would then desire some convenient number might be appointed to wait upon the King.
XII. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Tuesday, the 2nd of March
Order for preparing the bill for continuance and repeal of statutes. Saturday, committees to draw it at Temple Hall.
Order for bringing in all the rest of the public bills preferred the last Parliament, and reading their titles, Wednesday and Thursday.
[Philip] Burlamachi and [Giles] Vandeputt took the oaths of [f. 40v] supremacy and allegiance in the House before the second reading of the bills for their naturalization, according to the statute 7 Jac.
Burlamachi's bill. Secondly read. Passed to engrossing.
SIR ARTHUR INGRAM alleged the bills of this kind were too general, for many of these strangers are but factors for others beyond the seas, and so trading as freely as our own merchants, may hurt our trade, etc.
SIR EDWARD COKE. A denizen is to pay strangers' custom. The statute 4 H. 4, they must be bound to the statute of employment. But when he is naturalized, he is bound to neither.
MR. [EDWARD] ALFORD. Fit to have a proviso in such bills. To make, etc., void, if they shall employ strangers' goods.
MR. [JOHN] GLANVILLE'S report from the committee of returns and privileges. The case of the burgesses of Southwark. The time of election on a Thursday. The ancient manner of election was by holding up of hands. [Mr. Francis] Myngaye, [Mr. Robert] Bromfield and [Mr. Richard] Yearwood put to the election. [Mr. Richard] Yearwood chosen without question. For the other two, there was question. 2 several indentures returned.
Resolved by the House that there should be a new writ and election for one burgess, that of [Mr. Richard] Yearwood being adjudged to be good.
[f. 41] Question, whether Mr. [Richard] Yearwood should forbear the House until the new writ were returned. Resolved, he should sit in the House.
Bill against usury.
Bill for free buying of wools.
Report from the select committee of the great business. Reasons of the House of Commons to dissolve the 2 treaties:
- [1.] That whereas the propositions of the match at first were no more than liberty of conscience unto the Infanta and her retinue, which the King in honour might grant, the Spaniards taking advantage of the Prince his being in Spain, importuned and pressed a general connivance of religion to the diminution of the King's sovereignty, against the usage of other Catholic princes in the like treaties, against the honour of God, to the discouragement of well affected subjects, and this they laboured with hope of some mischievous consequence in England.
- [2.] During these treaties, the popish faction has mightily increased, and whereas heretofore they were wont to be divided, some taking part with the secular priests, some with the Jesuits, now they are united [f. 41v], which is a matter of great consequence, considering they do as much depend on Spain for temporal matters as on Rome for spiritual, and they cannot be suppressed during this treaty.
- [3.] They have by these treaties devoured our allies and the Protestant party in Germany and elsewhere, to the decay of true religion and to the jealousy of our friends beyond seas.
- [4.] They have spoiled and disinherited the King's son-in-law of his lands and honour during these treaties, and notwithstanding promises of restitution still evaded, and at length have turned pretended difficulties into apparent impossibilities.
- [5.] They have deluded our King and offered indignity to our Prince by importuning him again and again unto conversion whiles he was there, contrary to the laws of hospitality and privilege of princes.
- [6.] Hereto may be added their infinite advantageousness and various delays in these treaties.
Spain in all these treaties a certain enemy, though not so public. [f. 42] When first Spinola raised his forces to lull us asleep, we were persuaded that they were to pass for Bohemia. At the same time, a proposition here from Spain to join with Spain against the Turks, that was the pretence. As soon as the navy hoisted sails, Spinola goes into the Palatinate and seizes on it. After, it pleased his Majesty, being pressed by these, he sent to the Archduchess the Chancellor of the Exchequer, the first discoverer. When the Prince was in Spain, the Electorate was promised by them to be kept and not disposed of. While he was there, the Electorate was conferred on Bavaria.
Conference between both Houses in the afternoon at Whitehall
[f. 46v] [Committee of privileges]
Sir Alexander Temple complained to the committee of privileges that the Mayor of Winchelsea had returned Mr. John Finch for that town, whereas Sir Alexander was chosen by the major part. There were at the election present the mayor, 6 jurats and 11 freemen. The mayor and 7 freemen and never a jurat for Mr. [John] Finch, and 6 jurats and 4 freemen for Sir Alexander Temple. The mayor pretended two of the Tildens were not to be admitted because they had not been resident for 3 months last past. Yet they had houses in the town in their hands and enjoyed all privileges as jurats, and in other respects had voice as jurats. Besides, this mayor himself was chosen mayor when he had been 4 months dwelling out of the town. [f. 47] He complained also of other undue proceedings, viz. not giving due notice of the election, concealing the cause of the assembly, scandalizing Sir Alexander Temple, etc.
A petition on the behalf of Sir William Walter, alleging he was chosen for the town of Stafford and yet Mr. [Richard] Dyott returned.
A case presented by Sir Edward Bayntun touching the return for Chippenham. John Maynard chosen, but upon notice he should be chosen otherwheres, Charles Maynard, his brother, returned.
A petition of Henry Lovell's supposing Mr. [John] Hawarde to be unduly chosen and himself duly for Bletchingley in Surrey.
Another petition of the borough-holders of that borough on the contrary part.
A petition of the inhabitants of Arundel, alleging that the mayor had returned Sir George Chaworth whereas Mr. William Mill was chosen.
XIII. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
March 20, Tuesday
An act for the settling of New Langport in Kent, sometimes Sir Henry James's land, convicted of a praemunire. The land is sold to Sir Martin Lumley and others.
The bill of continuance called for and committed to all the lawyers of the House.
A bill preferred by Sir Francis Englefield for the transferring of certain lands of Viscount Montagu's, committed to him and Sir John Dormer and the Lord Darcy in trust.
An act for the naturalizing of Philip Burlamachi.
Another [act] for Giles Vandeputt.
There was a law made Jacobi 70 that such as were to be naturalized should come in and take both the oaths before their bill could revive a 2nd reading. So did these 2 now, against whom though the House took no particular exception, yet it was moved that they that were naturalized should not colour strangers' goods, and a 3rd oath was desired of them. But because the House could not administer that, a proviso was thought fit to be inserted that if it were proved they did so, the act of their naturalizing should be void.
In anno 40 Hen 4ti, free denizens are to pay strangers' custom and bound to the statute of employments as well as aliens, which was desired might be observed.
An act against usury for reducing it to 8 per centum, to begin at the end of November 1624.
An act for liberty of buying and selling of wool and woollen yarn.
No speaking to a bill at first reading unless for the rejecting of it and casting it out of the House. At the 2nd reading, debate and commit it or engross it.
[f. 67v] The report was brought in with the reasons of our advice to his Majesty to break both the treaties:
- 1. Because Spain has pressed so great a connivency in matters of religion during the treaty.
- 2. Because during them papists have increased both in multitude and strength, they have united themselves and depend no less of Spain than the King of England.
- 3. Because by advantage of them they have oppressed the Protestant party everywhere abroad.
- 4. Because even during them they have invaded his Majesty's son-in-law and disinherited him and laid new grounds of endless delays, turning pretended difficulties into apparent improbabilities.
- 5. Because they have abused his Majesty by them, slighted him, importuned him to claim [sic] his religion and invite still to new treaties; pretences one way, purposes another.
It was observed what colourable ends they put upon Spinola's raising forces to get there, saying it was for Bohemia only, and at the same time solicited for to have our fleet abroad under colour of suppressing the Turkish pirates, that during the treaty of Brussels they took in Heidelberg and Mannheim, and even whilst the Prince was in Spain, the Electorate was transferred upon Bavaria and congratulated in the court of Spain from Brussels and there approved.
A motion to give the Lords thanks for their correspondency and entreat them to join with us to give the Prince thanks and to entreat him in the name of both Houses to give the King thanks for having assembled his court of Parliament after so many ill- [f. 68] successes in them formerly, and to beseech him to appoint a solemn thanksgiving to God throughout the whole realm for the Prince's safe return and good success of all things, and to entreat his Majesty to make a declaration of his resolution upon the advice of the Parliament with what speed he might.
In the afternoon at Whitehall, the Lords and Lower House met, where the prolocutor divided his speech into 2 parts:
- 1. The supplement of some things omitted in the Duke's narration.
- 2. The opinion of the Lords thereupon.
In the first branch, 3 things:
- 1. Concerning the match, that the first motion of it came not from hence but from the Duke of Lerma, signified unto us by letters from the Earl of Bristol dated January the 3rd 1614.
- 2. Concerning the Palatinate, that assistance was promised by armies from the King of Spain and appeared by the Duke [sic] Earl of Bristol's letters.
- 3. An heroic act of the Prince, for about July last it was given out in Spain that the Prince would steal away, to prevent which they stopped all ports and passages, and he had it by good intelligence that if he had attempted it they would have stayed him as prisoner. His Highness hearing it, sent them word that though love had made him steal out of England, fear should never make him steal out of Spain, and by the next messenger (Mr. Graham) entreated the King, his father, to account of him no more than as a lost child and wished him to let all his thoughts and hopes reflect and settle upon his sister, the King's only daughter, and upon her children. Sic omnes unus amores vicit amor patriae.
For the second branch, the opinion of the Lords super tota[m] materia[m] was that all treaties should cease with Spain, [f. 68v] both concerning the match and the Palatinate, for they could not stand neither with the conveniency of religion nor the honour of the King nor the safety of the state, nor his grandchildren. The Lords demanded the opinions of the House of Commons, which punctually concurred with that of the Lords, whereupon the Archbishop of Canterbury gave thanks to God, the King and the House of Commons, and observed how these things as they came from one head, so were they received with one heart, and offered a committee of 24, to which the Lower House were to add their number, to set down the reasons to give satisfaction to the King and all the world for what they had done.
The prolocutor gave reiteration of thanks and joy as optimum omen.