8th March 1624

Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, , 2015-18.

This free content was born digital. All rights reserved.

'8th March 1624', in Proceedings in Parliament 1624: The House of Commons, (, 2015-18) pp. . British History Online https://www.british-history.ac.uk/no-series/proceedings-1624-parl/mar-08 [accessed 2 March 2024]

Long title
8th March 1624

In this section

MONDAY, 8 MARCH 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12

[CJ 679; f. 27v]

Lunae, 80 Martii

L. 2a. An act concerning women convicted of small felonies.

Upon a first question, not to be committed.

Upon a second question, to be engrossed.

L. 2a. An act concerning the purveyance and taking of horses, carts and carriages, by land or by water, for his Majesty's service.

MR. COMPTROLLER. That it may be committed, and the King's officers of the Green Cloth be called to it.

MR. [EDWARD] ALFORD doubts if those unpaid shall serve no more until they be paid; this will much over press the residue of the country.

Committed to:

Sir G[ilbert] Gerard Sir Francis Seymour
Sir William Fleetwood Sir Francis Barrington
Mr. Comptroller
Mr. [Edward] Alford
Sir George More

And all that will come to have voice. Court of Wards, Wednesday next, 2 o'clock.

Ordered, all that will come to have voice in the bill for pleading upon alienations without licence, except Exchequer-men, because failed on Saturday for want of company.

SIR FRANCIS BARRINGTON reports the bill against drunkenness.

MR. [ROBERT] SNELLING. That 1 drunkard may convict as many as he will.

Upon question, engrossetur.

L. 2a. An act for further reformation of jeofails.

SERJEANT [WILLIAM] TOWSE. That this may not extend to actions already brought.

Upon question, engrossetur.

Resolved, everyone that will come to have voice in the committee for examination of the abuses in the Exchequer, except Exchequer-men.

4 of the clock this afternoon at the Inner Temple Hall for the bill in pleading upon alienation without licence, etc.

MR. [WILLIAM] MALLORY moves the committee of grievances may take into their consideration the abuses of the Clerk of the Market.

Agreed.

[f. 28] A petition from Sir Thomas Gerrard read desiring a new choice in respect of his infirmity of health.

MR. [CHRISTOPHER] BROOKE informed by some he is a recusant. To know, first, whether he will take the oaths and receive the communion. If he will not, then to discharge him.

SIR GEORGE MORE. Members once chosen not to be discharged without some very great cause, as a disease incurable, etc.

SIR ROBERT PHELIPS accordant. To sift out whether he be a recusant or not. To have a day prefixed to take the oaths and the communion, else to dismiss him with punishment.

MR. [ROBERT] SNELLING. That some of the deputies, for taking the oaths, may go to him and tender him the oaths.

Resolved, Sir Thomas Gerrard to be here tomorrow by 9 of the clock to take the oaths of supremacy and allegiance, and after to receive the communion. Mr. Serjeant to give him notice hereof.

L. 2a. Act for passing of sheriffs' accounts.

MR. [JOHN] WYLDE. This bill too general in the point of fees. To have these set down more certainly.

SIR EDWARD COKE. Never to make this bill "from henceforth", which relates to the first day of the session, but "from the end of this session of Parliament"; and fit men should have notice.

SIR THOMAS BELASYSE. That they often trouble sheriffs for matters 20 years before when the under-sheriffs dead. To have 7 years limited. Moves Dr. [Robert] Chambers's patent may be brought in, which is for old debts upon sheriffs' accounts.

MR. [WILLIAM] NYELL. That the point in the oath against Lollards may be provided for.

Committed to the committee for examining the abuses in the Exchequer, wherein all that will come to have voice, except Exchequer-men.

Dr. Chambers's patent to be brought in this afternoon.

L. 2a. An act against secret offices and inquisitions to be taken in his Majesty's behalf to the prejudice of his subjects.

[f. 28v] MR. ATTORNEY OF THE WARDS. That the notice may be set upon the Court of Ward's door or in court, and not in Chancery, when the writ issues, where no man looks for them.

MR. [JOHN] GLANVILLE. That this notice, either on the door or county court, will do more hurt in countenancing these secret inquisitions than good to the subject. To have a means how to have these secret inquisitions adjudged void.

Committed to:

Sir Edward Coke Mr. [Henry] Sherfield
Mr. [John] Glanville Mr. William Fanshawe
Mr. Attorney Wards Sir Guy Palmes
Mr. Recorder Mr. [Christopher] Brooke
Mr. [John] Carvile Mr. [Ralph] Whitfield
Mr. [Thomas] Bowyer Serjeant [Richard] Digges
Mr. [John] Drake Mr. [William] Cage
Mr. [Humphrey] Were Mr. [Nicholas] Duck
Mr. [Richard] Taylor Sir Peter Mutton
Sir Eubule Thelwall Mr. [William] Ravenscroft

Court of Wards, Wednesday, 2 o'clock.

MR. RECORDER reports his Majesty's answer to the committees of both Houses on Friday in the afternoon, where Lord Archbishop of Canterbury, in name of both Houses and according to the paper agreed upon, presented both our humble advices to his Majesty that the treaties could be no longer continued. That our reasons and addition allowed here were neither pressed nor pursued, his Majesty requiring none.

His Majesty's answer was present and, for avoiding mistaking, was set down by the committee on Saturday last in the afternoon, where their and our notes being conferred, and particularly my Lord President's, the Duke of Buckingham observed an omission in a weighty point. Agreed, therefore, 2 of the Lords and 4 of our subcommittee should presently confer and agree of the particulars of the answer.

[f. 29] All kings many prerogatives above all subjects. Our King above all kings in the world in excellency of wisdom and speech. Where matter and words contend for superiority and are so woven together that the loss of a word loses the sentence. The power and life and efficacy of his words not to be reported by any.

The opinion of the whole subcommittee on either part, that nothing be reported but in verbis conceptis, and not to trust words. Advised he should read it first as my Lord President does, who makes the report above.

The answer first read by MR. RECORDER and then read by the Clerk.

SIR JOHN ELIOT. That all members may take copies hereof, and a time to be prefixed for debating and treating of the things herein propounded by his Majesty.

Ordered, any member of the House may take copies from the Clerk.

MR. CHANCELLOR OF THE EXCHEQUER. That the King has appointed him to deliver that here, which he said my Lord Treasurer should do. Will do it on Wednesday next.

Resolved that it shall be then done.

L. 2a. An act for continuance of a former statute made 40 Jac., entitled, An act for the true making of woollen cloth.

Committed to:

Sir Edward Coke Mr. [John] Saunders
Sir John Savile Sir Thomas Estcourt
Sir Thomas Savile Sir H[enry] Poole
Sir A[rthur] Ingram Knights and burgesses of all clothing counties
Sir Robert Crane

Wednesday next, afternoon, Exchequer Chamber.

L. 2a. An act against usury.

MR. [JOHN] WHISTLER doubts this will draw much money out of the kingdom, the Dutch having much here, and will breed a garboil. To make it but a probationer at most.

[f. 29v] MR. [WILLIAM] CORYTON. To take a special care of brokers, which else will exact extremely.

Committed to:

Mr. Comptroller Sir Thomas Jermyn
Sir Guy Palmes Mr. [William] Coryton
Sir H[enry] Poole Sir George Manners
Mr. [William] Mallory Sir Thomas Savile
Mr. [Edward] Alford Sir G[ervase] Clifton

And as many as will come to have voice. Friday next, Star Chamber.

[House adjourned]

II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13

[CJ 730; f. 37]

Lunae, 80 Martii

L. 2a. An act concerning women convicted of small felonies.

Ordered, to be engrossed.

L. 2a. An act concerning the purveyance.

[f. 37v] MR. COMPTROLLER. To have it committed. Knows not how far it may retrench upon the King's prerogative.

Committed.

Mr. Comptroller Sir Francis Seymour
Sir Gilbert Gerard
Sir William Fleetwood
Sir George More
Mr. [Edward] Alford

And all that will come to have voice. Court of Wards, Wednesday, 2 o'clock.

All that will come to have voice in the bill of pleading alienations in the Exchequer. This afternoon, at 4 o'clock, Inner Temple Hall.

SIR FRANCIS BARRINGTON reports the bill of drunkenness without any amendment.

Ordered, to be engrossed.

L. 2. An act for the further reformation of jeofails.

Ordered, to be engrossed.

SIR GUY PALMES. [Blank]

All that will come to have voice in the committee for examining the abuses of the Exchequer. Those that are officers in the Exchequer to be excluded.

MR. [WILLIAM] MALLORY. To have the committee of grievances take into consideration the abuses of the Clerks of the Market.

Ordered.

[f. 38] A petition from Sir Thomas Gerrard read.

MR. [CHRISTOPHER] BROOKE. To appoint him a peremptory day to come to the House to offer him the oaths, which if he will not take, to discard him and so make it exemplary. Can be no warrant granted, unless it be certified he be incurably sick.

SIR ROBERT PHELIPS, accordant.

[CJ 731] Ordered, upon question, that Sir Thomas Gerrard shall be sent for to attend this House tomorrow at 9 o'clock to take the oaths, and after to receive the communion.

L. 2a. An act for passing of sheriffs' accounts.

Committed to the former committee for the Exchequer, this afternoon.

Doctor [Robert] Chambers's patent to be brought in this afternoon.

L. 2a. An act against secret offices.

Committed to:

Sir Edward Coke Mr. [Henry] Sherfield
Attorney Wards Mr. [William] Fanshawe
Mr. Recorder Sir Guy Palmes
Mr. [John] Glanville Mr. [Christopher] Brooke
Mr. [William] Lenthall Mr. [Ralph] Whitfield
Mr. [Thomas] Bowyer Mr. [John] Carvile
Mr. [John] Drake Serjeant [Richard] Digges
Mr. [William] Cage Mr. [John] Whistler
Mr. Thomas Fanshawe Mr. [Nicholas] Duck
Mr. [Richard] Taylor Sir Eubule Thelwall
Mr. [Humphrey] Were Sir Peter Mutton
Mr. [William] Ravenscroft

Court of Wards, Wednesday, 2 o'clock.

[f. 38v] MR. RECORDER reports from the King his answer to our advice. They attended the King on Friday last at Theobalds, afternoon, where they had ready access to his Majesty. The Archbishop, according to his known gravity, in name of both Houses, according to his direction in paper, present[ed] our humble advice to him that bothtreaties may not any longer be continued. Those other reasons of ours, with an addition to the 5th reason, were neither pressed nor pursued. Asked no further enlargement of our reasons, but made a present answer, which now the subcommittees of both Houses have agreed upon and set down in writing. Our King, a prerogative appropriated to him above all kings in the world, excellency of wisdom and speech.

MR. RECORDER read the answer. After, read again.

SIR JOHN ELIOT. Since our return from Theobalds, many strange reports concerning their reception. To have some time to take copies and then to deliberate and advise.

Ordered, that every member of this House may have copies of this answer.

MR. CHANCELLOR EXCHEQUER. Commanded by the King to deliver in this House the account of the Lord Treasurer. Wednesday appointed for it.

[f. 39] L. 2. An act for the true making of woollen cloths.

Committed to:

Sir Edward Coke Knights and burgesses of all clothing counties
Sir John Savile
Sir Arthur Ingram

Wednesday next, 2 o'clock, Exchequer Chamber.

L. 2. An act against usury.

Committed to:

Mr. Comptroller Sir Thomas Jermyn
Sir Guy Palmes Mr. [William] Coryton
Sir Henry Poole Sir George Manners
Mr. [William] Mallory Sir Thomas Savile
Mr. [Edward] Alford
Sir Gervase Clifton

All that will come to have voice. Friday next, Star Chamber, 2 o'clock.

[House adjourned]

III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2

[p. 185]

Lune, 8 Martii 1623

RECORDER. Fait reporte del message al Roy deliver par l'archevesque de Canterburye. Agree par committee d'ambideux Huises ove protestacion ne prejudicer touts Royes aut prerogative. Notre Roy ad wisedome et speeche ou elecution beyond all kinges; waighte del matter et excellencye del maner. Le RECORDER lie et donque le Clerke.

SIR JOHN ELIOT. Pur avoir copies et not to precipitate our deliberacion.

Le SPEAKER. Sur question, que copies ser deliver al chescun member. Sir Richard Weston de faire reporte Mercurii proximus.

2. L. Bill pur vere fesant de woolen cloathe et stuffs fait de wooll.

SIR EDWARD COKE. Licenses pur carie white clothes un greevance.

Committe, [ex]checquer chamber, Wednesday nexte.

Bill versus usurie.

Sur question, committe.

[p. 186] Lune, post meridiem, 8 Martii 1623, [committee for grievances]

Sir Edward Coke in le chaire.

Sir John Townshend et Mr. [William] Tipper pur lour pattente de hosptialls.

Par Lord [Edward] Coke. Laie hospitalls nest deins le statute de E. 6, et si chapleins sont de faire orisons pur le founder alms. This day sevenighte to appeare agayne.

IV. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383

[f. 93v]

Monday, the 8th of March

An act for women convicte[d] of petty larcenies and felonies.

MR. [WILLIAM] MALLORY moved the committee of grievances should consider of the abuse of the Clerks of the Market.

Sir Thomas Gerrard, burgess for Liverpool in Lancashire, petitioned to be discharged, feigning sickness.

SIR ROBERT PHELIPS said such a sickness must be by physicians judged incurable, otherwise is not to be dismissed, and moved he should be sent for tomorrow morning into the House and tendered the oath, which, if refusing, to be branded with infamy and incur a praemunire.

SIR PETER HEYMAN joined with him and said, a God's name, if he will hazard a praemunire, for we never had more need of it.

And so it was ordered.

A bill for regulating [Ex]chequer fees. Committed this afternoon and all that come to have voices except [Ex]chequer-men.

An act against secret offices and inquisitions taken in the King's name against the subject.

MR. RECORDER'S report of the King's speech at Theobalds. The King asked no questions nor enlargements of their reasons for breaking the treaties.

It was against precedent that a reporter should read, yet was the RECORDER permitted to read the King's speech at Theobalds to the committees of both Houses that in name of both Houses besought him to declare himself to break both treaties, and so did the Lord President read in the Upper House.

[f. 94] That the King will have no war but upon necessity, as women are called necessary evils. That to enter into war without means to go through is to show his teeth and no more. That the heart opens the purse, not the purse the heart. That he will not take our money without taking our counsel. That he does not desire to brook a furrow of land without restitution of the Palatinate. That he has had the least help in Parliament of any king these many years. That his charges since the last convention are much increased. That he is so far from expecting help from the Low Countries as without assistance from hence they are scarce able to subsist. That his customs being his best revenue are farmed upon condition that those bargains be disannulled if there be war. That he will not engage us before himself be engaged.

The King's speech being read was left with the Clerk for any of the House to take copies.

SIR BAPTIST HICKS moved they might be had at a reasonable rate.

SIR ARTHUR INGRAM. Delf[t] and Hamburg are the 2 places of receipt of our cloth. They stretch it beyond seas 6 or 7 yards in a cloth.

This bill was committed, and all the knights and burgesses of the clothing shires and towns thereof.

The bill of usury to take place after November next, not above 8 in the hundred.

The remedy often enhances the mischief, said a lawyer against this bill. Nummus est mensura rerum. He said he was no user, active or passive. Usury began in Henry the 8['s] time. To bring down the rate of interest will be a means to have less money in the land, for the Dutchmen who had £800,000 here at use would carry it elsewhere.

MR. [JOHN] GUY, alderman of Bristol. Neither the borrower nor lender have any money, and only he that neither borrows nor lends; for the borrower commonly as he receives with one hand he pays with the other; and for the lender it is ever out of his hands, he will borrow a small sum to make up a greater to put out.

By usury, within 7 or 8 years land is fallen from 25 to 14 years' purchase.

SIR ARTHUR INGRAM. If interest were abated, trading would decay, for if the trade of the kingdom were divided into 4 parts, 3 of them at least are carried by credit.

SIR DUDLEY DIGGES. That usury decays trading, and for the much monies of strangers in the kingdom, though usury were brought down they cannot [f. 94v] carry it away, being the country coin, for if they had it beyond sea, it would now yield them 12 in the hundred.

V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1

[f. 25v]

[8 March 1624]

All to have voices in the committee [for examination] of [abuses in] the Exchequer the/

Bill of sheriffs' [accounts] there.

Sickness incurable cause de discharge.

Bill for secret offices. Questioned "hereditaments": whether it extended to chattels? Committee, Court of Wards, Wednesday 10 Martii.

MR. RECORDER. Report of the message to the King and his answer. How the Archbishop presented our advice to dissolve the treaties that could not stand with the honour of the King['s] religion, children, for the reasons the King did ask for now. That the committees agreed of our report from the King that nothing might be mistaken. Duke [of] Buckingham observed an omission. He commends the King's eloquence and wisdom and the courage, and the burden to express it. Therefore, he reads it, and offers copy.

Thanks that his speech produced such advice. Thanks all, us particularly, that when doubts were cast with us, it was quelled by us. You advise the breach of both treaties; let me propose my doubts. That I rex pacificus not without necessity, as malum necessarium, not to [f. 26] undertake wars. That he has had better offers for Palatinate since the Parliament, but thinks not that he will put a scorn of us.

First, to think of conscience and honour, then to maintain war. That as Moses, might be assured to see that it might be his children's in time, else will it be regret and die discomforted. That he desires no furrow without Palatinate restored. That in that will live and die. The difficulty. Unhappy to adventure and to desire that by war that may be by peace; yet thinks we will not engage him in war without provision. That he has had least relief by Parliament. That his charge great, and debts by Prince's voyage, ambassadors, his daughter. That the Low Countries so low that if he help not. The Princes of Germany. Ireland the backdoor. The navy better than before yet more to be done. My children [eat] no bread but by me. His customs best revenue, farmed out upon condition of war. Subsidies come slow; he to take it [f. 26v] to begin a war to show his teeth, and thanks us. The Treasurer to relate his estate. That he opens his heart, having the heart he cannot. Show me the means, then I may do. You shall have your own treasurer. I will not take your monies unless counsel and shall issue to your end, not engage us before [illegible]. If I resolve of war et advise, that he will not conclude a war or peace but by Parliament through his prerogative. And, happily, peace better by proverb; weapons bode peace. The concurrence like the 70 interpreters. It shall not be by his default if not more Parliaments. Therefore, go on cheerfully in these points and his resolution shall be declared; good laws and information.

VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166

[f. 56]

Monday, 80 Martii 1622 [sic]

An act for further reformation of jeofails. 2. L. This bill is to be engrossed. r. p.

The bill against drunkenness and haunting of alehouses is now ordered to be engrossed at 2. L.

An act against purveyors and the taking up of carts and carriages. 2. L. Committed.

It is ordered at the motion of SIR GUY PALMES that everyone that will come to the committee for examining of the fees and abuses in the Court of the Exchequer shall have voice, excepting such as are officers in the Exchequer.

The petition of Sir Thomas Gerrard, kt. and baronet: that he was chosen a burgess for Liverpool in Lancashire against his will, and being come up for to do service here in Parliament, but is so ill and dangerously sick that he cannot stay in this town without danger of his life, and therefore desires a writ may be sent for a new election.

MR. CHRISTOPHER BROOKE doubts that the suggestions in this petitions are not true, for Sir Thomas Gerrard is a notorious papist and makes this only a pretence because he will not take the oaths nor receive the communion, and he desires that we may not accept of his suit unless good affirmation and proof.

[f. 56v] SIR ROBERT PHELIPS would have Sir Thomas Gerrard sent for to the House because that it is reported he is a papist, and that the oath of supremacy and the communion may be offered him, and if he refuse to take the same, then that he may be made a public example for presuming to get himself to be chosen a member of this House, and turned out with disgrace.

It is ordered that Sir Thomas Gerrard shall be sent for to come to the House tomorrow in the morning to receive here the oaths of supremacy and allegiance and afterwards the communion.

An act for passing of the accounts of sheriffs, escheators, collectors of subsidies and tenths, etc.

SIR THOMAS BELASYSE says that he knows one that was sheriff above 20 years since was lately troubled (his under-sheriff being dead), notwithstanding his quietus est for some things concerning his sheriffalty. And that Dr. [Robert] Chambers, who has a patent for arrearages of sheriffs' accounts, may be ordered to bring in his patent.

This bill is committed.

An act against secret offices and inquisitions to be taken on his Majesty's behalf to the prejudice of his subjects. This bill is committed and there slept.

MR. [WILLIAM] MALLORY. That there has been a great concourse of people that frequent a house hereby.

SIR JOHN PAKINGTON, acquainting the Lord Keeper that there was a great [f. 57] concourse of people within the night came to this House with spades and pickaxes, his Lordship willed him to be private in it and desired him to learn what more he could of it, whereupon he watched one night and saw great store of company going in and out to a house adjoining, and heard a great noise about the Painted Chamber. That the Lord Keeper caused a search to be made by Dr. [Edward] Grant and nothing was found that could argue any danger or suspicion. The two houses adjoining to the Parliament are [sic] one of them belongs to Sir Robert Cotton and the other to Mr. [John] Borough.

SIR GEORGE GORING says that the Lord of Oxon., himself, Mr. Neville and others searched yesterday.

MR. RECORDER reports the King's answer to the message sent his Majesty by both Houses. That Friday last the committee attended the King, to whom they had ready access, and the Archbishop of Canterbury [blank] with honour of his Majesty, safety of his estate and the welfare of his children and posterity, and the discouragement of his alliance. That the King never asked any question.

[f. 57v] The King's answer to the message: thanks us with his heart that his speech has taken so good an effect as that with an unanime consent have given answer, and thanks the Lower House for quelling motions which might have bred suspicions. First, leave to propound his Majesty's doubts and to give his answer hereafter. That his Majesty is loath to enter into war, and he has had no small hope offered him for the restitution of the Palatinate. That he will not put a scorn upon the advice of this House. He would have his honour and conscience satisfied for the justness of the war. He is sure we will not advise him to a war without considering the consequence. That the customs are farmed upon condition that if there be a war, then those bargains are to be disannulled, which will be a great defalcation. If I should enter into a war and not too thorough, which it were to show my teeth and do no more. If his Majesty on our advice resolve on a war then he will that/

[f. 58] SIR JOHN ELIOT. Since the return from Theobalds, there was a report that the King gave such an answer as made the committee sad. He ever (being one of that committee) conceived the King gave a very full and satisfactory [answer]. He desires that there may be some such time appointed for the consideration of this great business that copies may be first taken, and consideration may be first had.

It is ordered that copies shall be taken of this answer from the King, and Wednesday is appointed to hear from the Chancellor of the Exchequer (who is appointed by the King as the Lord Treasurer is to the Upper House) to report the King's estate, and, after, debate is to be had in the House of this great business.

An act for the continuance of a statute made in 40 Jac., entitled, An act for the true making of woollen cloths and some additions and alterations to the same. r. p.

MR. [WILLIAM] NYELL. That the greatest cause of the decay of the well making of cloths is in the buyer or merchant, for he sends to the maker of cloths wishing him to make a cloth for 5s., or thereabouts, better cheap that they may gain the more upon a cloth. He desires that there may be a penalty set on the buyer or merchant as well as the maker of these cloths.

SIR ARTHUR INGRAM. That our cloths are sent over white, and beyond seas the merchants that buy our cloth do stretch it and discredit our cloth. But this is hard to be remedied by law here.

This bill is committed.

[f. 58v] An act against usury. r. p.

MR. [JOHN] WHISTLER is no usurer active nor passive, but he is afraid that this law will be but a prey for the informer. That we have much of the Dutchman's money here which they have put to use, and he fears that this bill will occasion the Dutch to call home their money. He is jealous of all new laws and desires to have the bill to be made a probationer.

MR. [WILLIAM] CORYTON says that in Ed. 6['s] time, usury was by a statute prohibited, and they who did take any use were to lose their principal or at least a penalty was set on such as took use. He would have a care taken that this bill should meet with the brokers, and desires to have this bill committed.

SIR THOMAS JERMYN. He is sorry that he cannot say he is no passive usurer; that all that are, as he is, passive usurers do look with a cheerful eye on this bill. He desires to have it committed.

MR. [JOHN] GUY thinks that this bill will rather cause increase of money than otherwise. That they only have money in the land who lend none at use, for the lender no sooner pays it over to the borrower but he pays it away to his creditors, so as neither borrower nor lender that has any money. He will speak more at the committee and desires it may be committed.

MR. [CHRISTOPHER] BROOKE says that 10 per cent is now by the law of the realm prohibited, but [f. 59] by this bill it is implied that 8 per cent shall be taken. He would have the form of this bill made as that statute which now is in force concerning usury. Desires to have this bill committed.

SIR D[UDLEY] DIGGES. That merchant strangers bring over idle commodities as brown paper, and will not take away our cloth for it nor any other commodities that will not yield them 10 per cent, but take up money here and put it to use, which in 7 years doubles the principal stock, and this is a great cause that we cannot vent our cloth and other commodities. He thinks this the best bill in the House and desires it may be committed.

MR. WHITAKER. That if it be resolved to break off the treaties, he desires that it may be considered whether this bill will not cross that great business, which it is thought will be the principal subject of this Parliament.

This bill is committed, Friday, Star Chamber, and all that will come to have voice.

VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980

[p. 93]

Monday, the 8th of March

An act in favour of [convicting] women for small felonies. This is put to engrossing.

An act concerning purveyance for the King. Committed.

A petition was presented from Sir Thomas Gerrard, kt., chosen burgess for Liverpool, that in regard of his sickness the House would please to spare his attendance and that he might be discharged and another chosen.

The House did incline to allow him that liberty if it were apparently true that he were sick or that the town were truly prejudicial to his health and that a new might [sic] be elected. But upon an information that it was suspected he was ill-affected in religion and had therefore forborne the House for the oaths and the sacrament, it was ordered that he should present himself to the House, and he was sent for.

An act for passing sheriffs' accounts. Committed.

An act against secret offices and inquisitions. Committed.

An act for the true making of woollen cloth. Committed.

An act for the abatement of usury.

Here was the relation or report of the King's speech made at Theobalds on Saturday. For the speech, look among all the speeches of this Parliament in a book by itself hereunto annexed.

VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932

[f. 37]

Monday, 8 Martii

Second read, put to the engrossed [sic]. An act concerning women convict[ed] of small felonies.

Second read, put to the committed [sic]. All that will come to have voice, Wednesday, Court of Wards. An act concerning purveyance for the taking of horses, carts and carriages, by land or water, for his Majesty's service.

Engrossing. The bill of drunkenness. By question, put to the engrossing.

Second read, put to the engrossing. An act for further reformation of jeofails.

A petition of Sir Thomas Gerrard, that he may be discharged from the burgess-ship of Liverpool and a new writ for a new election, under the pretence of indisposition of his health.

[MR. CHRISTOPHER] BROOKE. That [Sir Thomas] Gerrard is a recusant and therefore will not come because of taking the oath and sacrament.

Order. It is ordered that Sir Thomas Gerrard be here tomorrow by nine of the clock to take the oaths of allegiance and supremacy and to receive the communion.

Second read. Committed. An act for the passing of the accounts of sheriffs, escheators, collectors of subsidies, fifteens.

[f. 37v] [SIR THOMAS] BELASYSE. That there may be a limitation for shrieves being questioned after the quietus taking out, and that Doctor [Robert] Chambers, who have [sic] a patent of those things, may bring his patent to the committee of grievances.

It is so ordered.

Second read. Committed. [Mr. John] Glanville, [Sir Edward] Coke, Recorder, [Mr. Henry] Sherfield, [Mr. William] Fanshawe, [Mr. John] Whistler, [Mr. John] Drake, [Sir] Guy Palmes, [Mr. William] Cage, Court of Wards, Wednesday. An act against secret offices, inquisitions to be taken in his Majesty's behalf to the prejudice of his subjects.

[MR. WILLIAM] MALLORY. [Blank]

[MR. JOHN] PAKINGTON, [MR. JOHN] BOROUGH, [MR. WILLIAM] BOSWELL. For the concourse of people at Sir Robert Cotton's in the night.

RECORDER, report. Honour, safety, [blank] allies.

That the King asked no reasons but answered: My Lords and gentlemen all, I have cause to thank God with my heart [blank] as that with an unanime consent you have freely and sp[eedily] given advice in this great business. [Blank] When some would have cast doubts between [blank] you quelled those motions. You give advice to break off both, [f. 38] and now give me leave as an old king to propound my doubts and hereafter to give mine answer. [Blank] to avoid the effusion of Christian blood, of which too much has been shed and much against my heart. That except it be such necessity, as some merrily say of women malum necessarium. [Blank] But be not jealous nor think me such a king that under pretext [blank]. But in a matter of this consequence, I must see how it will agree with my conscience and honour, and after the example [blank]. [f. 38v] That although I see not the restitution, yet at least that it might be that I might with old Simeon say [blank]. But let me acquaint you a little with the difficulties of this case. He is an unhappy man that [?shall] advise a king. [Blank] Besides, I think your intentions are not to engage me in a war. [Blank] My disabilities are increased by the charge of my son's journey to Spain. [Blank] The Low Countries, who are nearest for the [blank]. The Princes of Germany, who are likeliest to do me good are all poor, wrecked and disheartened. [f. 39] My children eat no bread but by my means. I must maintain them and [blank]. My customs are the best part of my revenue. Subsidies ask a great time to bring them in. Now if you assist me that way, I must take them up beforehand. [Blank] to show my teeth and do no more in the meantime. I thank you for your ad[vice].

My Treasurer [blank]. Thus do I freely [blank]. I will deal frankly with you: show me the means how [blank]. Yourselves by your own deputies [blank]. I will not take your money before I take your counsel, nor engage you before I be engaged myself. [f. 39v] [Blank] Your kind carriage gives me much contentment, and that comforts me which my Lord of Canterbury said there was not a contrary voice, like the seventy interpreters. I am/

[SIR JOHN] ELIOT. Since our return. That we may have some time after the giving of copies to give our advice.

Second read. Committed. [Sir Edward] Coke, [Sir John and Sir Thomas] Savile, knights and burgesses of the clothing countries, on Wednesday, Exchequer Chamber. An act for the confirmation of a former statute made 4 Jac., An act for the true making woollen cloths, with some additions and alterations.

[f. 40] Second read. Committed. An act against usury.

IX. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2

[f. 20]

March 8

A man that is sick must not be discharged the House unless the sickness be certified to be incurable, and it [?4 words illegible] as the case of Sir Edward Littleton, who was [?knight of the shire] for Staffordshire and certified upon oath to be incurably sick. Thereupon, he was discharged [?and] a writ went down for a new [?election]. And when my Lord [?Falkland] was prisoner in the Low Countries, he was chosen a member of this House. Yet because he was to be released before the [2 words illegible] the Parliament, the House would not [?discharge him].

Sir Thomas Gerrard thus did petition the House to be discharged in respect of sickness. Yet because [?it] was [?not] [illegible] then to be incurable, he was [?denied]. [f. 21] And being suspected of recusancy, he was ordered to receive both the oaths [?and] the communion, and to be [?warned] to come to the House by Serjeant for that purpose. And the reason was because it appeared by [2 words illegible] he desired to go out of the [?town].

[SIR EDWARD] COKE. It is a rule in drawing a bill with a [?penalty] that it begin not "from henceforth the 12th of February" but "from the end of this present sessions [sic]", lest otherwise a man be punished before the law be made, ubi non est lex non est transgresson.

At the committee for the bill touching sheriffs' accounts, all that come to have voices except Exchequer-men, who notwithstanding are to attend to show the [?particular] [illegible].

[f. 22] Report by RECORDER. That Archbishop did present the humble advice of both Houses: that both treaties, concerning match, Palatinate, may not be continued [blank] with honour of Majesty, [blank] safety of kingdom, welfare of friends, allies. The reasons of both Houses not mentioned or pursued, nor required by King.

MR. RECORDER did read the King's [?blank]. My Lords and gentlemen all. [Blank] I have cause to thank God with my heart [?2 words illegible] faculties of [my] mind [2 words illegible] that speech taken so [?good] effect that freely given advice [?in] great business, for which thank [?2 words illegible] as he can. Gives particular thanks to gentlemen of [illegible] House, for that when some would cast [f. 23] jealousies, you quelled motions.

You give advice [blank] to break off both treaties, [blank] match [?and] Palatinate. Give me leave, as old king, to propound my doubts and hereafter to give my answer.

That it is true that I, peaceable King, [?styled] rex pacificus, should without necessity embroil myself in a war is so far from [illegible] and honour in endeavouring [blank] to avoid effusion of blood (too much shed) [blank], that unless upon necessity, as malum necessarium as said of women, [blank] should be loath to enter into it.

I have had no small hopes for the restitution of Palatinate since sitting down of the Parliament. [f. 24] Think me not such a king [?as] would ask under pretext of asking your advice put such a scorn upon you as to neglect it. How agree [?with] conscience and honour next as king in parable after justice; how necessity enabled to raise forces.

I [?am] old [?blank]. As Moses saw land of promise from high mount, [blank] so comfort [blank] that G[od], that if not see the restitution, yet be sure that would be, [blank] Simeon nuns dimittis [illegible] [blank], otherwise would be a great regret unto me and die with heavy [?heart.]

I have said [blank] ever of mind, as not ambitious of [f. 25] of [sic] others' goods or lands, not furrow of land, not plough without restitution of Palatinate. The difficulties. [Blank] Unhappy man that advise a king. Unchristian thing to have by wars what may be had by [?peace]. [Blank] Intentions not to engage in war [?without] show him the means.

My own necessities too well known. Least help in Parliament of any king. Disabilities increased [blank] by charge of son's journey into Spain, sending ambassadors [blank], that maintenance of [?children] [blank], defence of Palatinate, which drew [?debt] to King of Denmark. Low Countries at so low an ebb that if I assist not, they cannot subsist. [f. 26] Princes of Germany poor, disheartened, expect assistance hence. Ireland a back door to be secured. Navy in better [remainder of line illegible]. New charge, secure [?coasts]. My children eat no bread but by [?me]. I must maintain them until Palatinate restored. My customs, the best of my revenue, all farmed out upon condition. If war, these [remainder of line illegible]. A great defalcation. [Blank] Subsidies a slow way. [Blank] I must take up beforehand [?2 words illegible] up a great deal. [Blank] To enter into war without [?3 words illegible] to show my teeth and [?do] no more.

I thank for advice, will seriously [f. 27] think of it, as I would entreat you to think of my doubts. My Treasurer to inform you of my estate. [Blank] If I have your hearts, I cannot want help. The heart opens the purse, not the purse the heart. [Blank] Show me the means how may do [illegible] have me if I take resolution to enter into a war. [Blank] Shall appoint own treasurers. I [blank]. I will not take money if not take counsel, nor engage you before I am engaged myself. [f. 28] Give what will for my means. None of monies [?issued] but for those [?2 words illegible] elected by selves. Promise in word of king, [blank] though peculiar prerogative of king that as have advised with you, would not accept of p[eace] without first acquainting with [?it]. Go proper way of Parliament in consulting. [Blank] Conditions better [blank] when prepared for war [remainder of line illegible] weapons bode peace.

Your kind carriage gives me much content. Not a contrary voice [f. 29], like 70 interpreters who inspired with the same spirit wrote the same things. So desires to forget former rents that shall not be in my default if not in love with Parliaments. [Blank] [illegible] end life in that intercourse with people, [?2 words illegible] abuses not informed of but in Parliament, go on cheerfully. [Blank] Resolve on these points and then my resolution shall be declared.

CHANCELLOR OF EXCHEQUER. By command of King, to save loss of time, is to make the account in the House, as my Lord Treasurer to the Lords.

Bill against usury.

Nehemiah [?2 words illegible] the 100 part taken for usury.

Objection. That money the measure of all prices. [f. 30] May be dangerous so suddenly to alter the present values of [illegible] because much money brought there by the Dutch if [?3 words illegible] they would carry it out again.

Answer: it will be a means to have [?5 words illegible] lender nor borrower have money

By statute in E. 6 utterly abolished.

[MR. CHRISTOPHER] BROOKE would have it [?penned according] to the law in H. 8['s] time [?2 words illegible] for that all interest forbidden and forfeited, and one would have taken the advantage of those forfeitures to the overthrow of commerce if the state had not restrained.

[SIR ARTHUR] INGRAM. If divide trade into 4 parts, 3 of them are driven by credit.

[f. 31] [SIR DUDLEY] DIGGES. It is true that money the strangers', but it keeps down the price of [?our] cloth. They bring not in [?a] specie. Our coin will yield 12 in 100 beyond sea. Therefore, this rate not cause it stay. 10 in 100 grown the best. Great men send their money 10 years and give over trade for usury.

[MR.] WHITAKER. That without question usury is forbidden by word of God, but every increase of money is not there forbidden. It has relation to the bills for [illegible]. [?To] the supply for the King, it is of great consequence.

Committed, Friday next, [?5 words illegible] come to have voice.

[Afternoon], at the committee for grievances

[Sir Edward] Coke in the chair.

[f. 32] The King can never be rich if the subject be poor, the King's riches being in the treasure of the subject. A great charge never bring anything to effect or [?conclusion].

[Sir Edward] Coke. Resolved that lay hospitals, though they have a chaplain to pray for souls, are not within the statute of E. 6. This resolution was by all the judges [?of] England, and no hospitals but spiritual [illegible] given to the crown by a statute.

The King's book is that [?no] patent [?of concealment] should be granted to any but reserved to the King's royal [illegible]. [1 line illegible.] The charge is not by proportionals to the merit of the service.

X. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050

[f. 21]

[8 March 1624]

An act for women convict[ed] of small felonies to have their clergy.

An act concerning the purveyance and taking of carts and horses. Committed.

An act for the further reformation of jeofails.

Orders were made for enlarging the committee for fees in the Exchequer, for reviving the committee for the bill of licences of alienation, which was sine die.

MR. [EDMUND] BRERES delivered a petition from Sir Thomas Gerrard to this effect. That he was elected for Liverpool against his will; being sick and unable to serve, his physicians advised him not to stay in the town. Therefore, he desired leave to go into the country, and that there might be a warrant for a new election.

His sickness was affirmed by his partner, MR. [blank], and it was acknowledged to be the order of the House to discharge a man that should be sick of an incurable disease.

But because others did certainly inform that he was a recusant and this withdrawing himself was only to avoid the taking of the oath or the danger of a praemunire if he should refuse it, the resolution of the House was deferred until further examination.

An act to pass sheriffs' accounts without charge.

SIR EDWARD COKE. That in penal laws, a time certain should be set because the word "henceforward" by interpretation of law relates to the first day of the Parliament, so that a man may be punished by a law not in being at the time of the offence.

SIR THOMAS BELASYSE. That divers sheriffs had been troubled of late upon accounts 20 years past; therefore, desired a time might be limited after which no sheriff should be questioned.

MR. [blank]. The oath might be mended in that point which concerns the punishing of Lollards.

An act for notice to be given before the taking of inquisitions [blank], which produced these motions.

  • 1. That it might extend to the time past for inquisitions unduly taken.
  • 2. That an avowment might be allowed that no notice was given, and thereupon the inquisition to be void.

It was affirmed by SIR EDWARD COKE that inquisitions taken in one county for land in another were void in law, though there had been an abusive practice to the contrary.

[f. 21v] MR. [WILLIAM] MALLORY informed the House that there used great concourse of people in the night to a neighbour house and that a gentleman had watched all night and observed much resort there, and his man about midnight met a gentleman with a spade under his cloak.

MR. [WILLIAM] BOSWELL. That upon Sir Robert Cotton's request, whose house was the place intended, my Lord Keeper had made a search; and that this was a report set on foot by recusants, by whom Sir Robert Cotton found himself to be hated and was ordinarily railed upon by the priests.

MR. RECORDER. That the subcommittees of both Houses which attended his Majesty at Theobalds had ready access, where the Lord Archbishop, according to the paper of his instructions, did present our advice for the cessation of both the treaties. But concerning the reasons, his Majesty made no question but gave us a present answer. After which, they went together to prepare a report, wherein the Lord President did as much by memory as others by notes, but they set down nothing whereof there was not an agreement; and after all their care were supplied in one particular of importance by the Duke of Buckingham, and after the substance agreed upon, 2 of that House and 4 of ours were appointed to set it down in such manner as they were well warranted to deliver it.

All kings have a prerogative of subjects, but our King has a prerogative of kings. When wisdom and eloquence are so met in the same person as to contend for superiority, where matter and words are so woven together and incorporated that you cannot lose any of the words without danger of losing some of the matter, who can take upon him to make a perfect report? But as it is, the subcommittees thought fit it should be reported in ipsissimis verbis, and all men that will to have copies.

This speech of the King's is entered at large inter extractus parliamentorum folio [blank]. The effect of it was this. Thanks to God for so good effect of his last speech to both Houses for their free and speedy advice, to the House of Commons for quenching some jealousies which were like to be cast among them. Many doubts caused him to defer his answer: his disposition to peace, he's rex pacificus, though he had some late hopes of restitution of the Palatinate, yet they should not be jealous that he would ask their advice to put a scorn upon them by rejecting it. But he must consider how that course would agree with his honour and conscience, and how he should maintain it, and that he could neither live nor die in comfort without recovery of the Palatinate. Yet must acquaint us with the difficulties, his own disability much increased by the expense in the Prince's journey, in the employment of ambassadors, assisting of the Palatinate, by which means he has fallen into a great debt to the King of Denmark. The Low Countries, the Princes of Germany, both unable to relieve him, but stand in need of his help. [f. 22] Necessity of provision for Ireland and increase of the navy, though it were now in better case than ever, of continuing his charge in maintaining his children until the Palatinate should be restored. That the customs were the chief part of revenue, now in farm under such conditions as will enforce a defalcation if there should be war. Subsidies are long in levying and if they be taken up beforehand upon credit, will much abate the value. That he would consider of our advice, as he desired we should of those points; and concerning his own estate, we should receive further information by my Lord Treasurer. And if we should enable him with means and he resolve upon our advice, we should make our own deputy treasurer, and none of the money extended to any other use. Neither would he hereafter enter into any peace without consulting with the Parliament, hoping he should become so in love with Parliament, as that he should end his days in that intercourse between him and his people.

Wednesday was appointed for more mature deliberation upon this business and for Mr. Chancellor of the Exchequer to deliver a fuller information of the King's state according to his Majesty's instructions.

An act for continuance of a statute made 40 Jacobi for true making of cloth, with some additions. Committed.

An act against usury. The effect of the bill to reduce the interest to 8 per £100 and to limit the/

MR. [JOHN] WHISTLER. That he was no usurer, neither active nor passive, yet was jealous of a new law which under show of remedy might enhance the mischief. We ought to be very well advised of penal laws. Former Parliaments have passed many which now we are suitors to take away. He doubted this might prove like some of them, only a subject for informers to work upon. Money is the standard of all commodities, in disvaluing whereof the price of land and other things must needs fall. Let us take heed we do not open a new way of detriment to the commonwealth and of gain to informers, monopolists and scriveners. Besides, it will be an occasion for Londoners to call in their moneys and thereby discover the weakness of the state of borrowers.

SIR THOMAS JERMYN. That he was sorry he could not commit the fault of reiteration, for he was a passive usurer. But the business was full of pleats and folds, and therefore fit to be handled in large room and a competent number of committees.

MR. [JOHN] GUY. To make it appear that the law will not be the decaying of money, do but consider where the money is. The lender has it not. The gain of usury will not suffer it to be idle while the borrower has it not. Between them it cannot rest, but only while it is telling. But those have it who are neither borrowers nor lenders, as might be observed among the Israelites.

MR. [CHRISTOPHER] BROOKE. Those which speak against usury speak against the body of the bill, for the law says it shall not be lawful to take above 8. Therefore, so much shall be lawful. By the statute now in force the £10 is lost, and it were good this bill were penned in that form.

[f. 22v] SIR WALTER EARLE. As it is, the preamble and the body of the bill do not agree. By the preamble of the bill, it is said to be against the law of God, and yet afterwards permitted.

SIR ARTHUR INGRAM. In the course of trade, 3 parts of 4 are by credit. If we make a law to diminish credit, we shall diminish trade.

SIR DUDLEY DIGGES. This is the true cause of our poverty. The Dutch send over hobby horses and other commodities and then put their money to interest, whereby in time all the money in the kingdom will be theirs.

MR. WHITAKER. This bill of greatest consequence next to the bill of the Sabbath and of swearing. We have two great works in hand: to support a war and to clear trade. He doubted this law would overthrow both. Usury was vox equivoca. The censure too general; all usury to be against the law of God, which will require some limitation.

Committed.

Eodem die, at the committee for grievances

Sir John Townshend was convented upon a patent of concealments, whereby he had passed 14 hospitals, which was heard and condemned the last Parliament for a grievance.

His answer was that he came in by purchase, could vouch between 50 and 100 like grants, and that he entered into no new proceedings since the last Parliament but only proceeded where issue was joined before.

He was commanded to attend that day sevennight with the counterpart of his indenture.

Monday next was given Dr. [Robert] Chambers to bring in his patent of debts in sheriffs' accounts.

Dungeness and Wintertonness lights were now again questioned, which had been fully debated the last Parliament.

XI. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597

[f. 56v]

Monday, the 8th of March

Bill concerning women convicted of small felonies. Passed to engrossment.

Bill concerning taking of carts and carriages for his Majesty's service. Second read. Committed for Wednesday.

Bill to prevent drunkenness, etc. Passed to engrossment.

Bill for reformation of jeofails.

A petition of Sir Thomas Gerrard showing he was chosen against his will for Liverpool, was now in town but ill-disposed for his health, desired to be discharged and a new writ to go out.

But it was alleged he was a recusant and had not taken the oath.

SIR ROBERT PHELIPS. [Sir Edward] Littleton's case of Staffordshire. A certificate out of the country that his sickness was incurable, whereupon a new writ went out. But this man is known to be a recusant and therefore to be suspected but feigned, etc.

[f. 57] Ordered he should come to the House tomorrow to take the oath, etc.

Bill for ease, etc., in passing sheriffs' accounts. Second read. Committed.

Bill against secret offices and inquisitions taken and made on his Majesty's behalf. Second read. Committed.

MR. [WILLIAM] MALLORY informed/

SIR JOHN PAKINGTON. Understanding from the Serjeant's man that there had been for a week's space a resort in the night to a house near adjoining, came of purpose himself to watch. His man saw a gentleman-like man come out with 2 spades under his cloak. He acquainted the Lord Keeper. On Sunday sevennight, he came himself and watched, saw divers men and women going in and out, a noise of people coming from under the Painted Chamber. He went again to the Lord Keeper. Dr. Grant and others made a privy search but searched not the vault. He acquainted the Lord Keeper that this business was made public.

Sir Robert Cotton desires to have his house searched as a means to free him from that imputation. Sir Robert thinks this report was set on foot by Romish recusants because of some hatred they have conceived against him.

MR. [JOHN] BOROUGH spoke on his own behalf to clear the doubt was made of him, and SIR GEORGE GORING for Sir R[obert] Cotton.

Report of the King's answer to our advice at Theobalds on Friday last. The Archbishop of Canterbury did in the name of both Houses, according to his direction, present our humble advice to his Majesty of breaking off both the treaties.

[f. 57v] The King's speech.

[f. 60v] Ordered, that all the House that would might have copies.

The CHANCELLOR OF THE EXCHEQUER. Whereas his Majesty spoke of the Lord Treasurer's informing us of his estate, etc., now the King had appointed him to do it unto this House.

Wednesday appointed for it.

Bill for true making of woollen cloths. Committed, Wednesday.

MR. [WILLIAM] NYELL. Fit to lay a penalty on the buyer as well as on the seller.

SIR ARTHUR INGRAM. Another thing that brings disgrace on our cloths abroad: they take our white cloths, there they stretch a cloth 6 yards to increase measure.

Bill against usury.

[f. 61] MR. [WILLIAM] CORYTON. Usury against the law of God. Abrogated quite by a law in E. 6 time. By reason of the high rate, land in the parts where I live fallen from 25 years' purchase to 14.

SIR ARTHUR INGRAM. Of trade, 3 parts of 4 depends on credit. Take heed we endanger not trade.

Afternoon, the committee for grievances

Sir John Townshend charged that notwithstanding his patent for concealed hospitals was the last Parliament a grievance in creation and execution, yet he again had put it in execution.

He answered, as he had formerly said in this House, he never was contriver nor procurer of the patent. Yet he said he can prove 50 or 100 grants in Queen Elizabeth's and Queen Mary's time of the like. De novo he has done nothing in it.

Sir Edward Coke. A case, term Michaelmas 26, an hospital of laymen, 2 chaplains to sing mass and to pray for the founders' souls. If it had gone only to the praying for souls, it had come within compass of the statute 6 E. 6. The judges resolved that a lay hospital was not within compass of that statute. [f. 61v] The Lord Seymour's case.

[Mr. William] Tipper charged to be a partner with [Sir John] Townshend.

Put off to this day sevennight.

Sir John Meldrum, patentee for the lights at Wintertonness, being charged for putting it in execution notwithstanding the adjudging it a grievance the last Parliament:

  • 1. He alleged it had been in trial before the King's Council and approved to be legal.
  • 2. It will not be denied to be convenient.
  • 3. For the burden on the subject, 1,000 have certified the conveniency of it.

Besides, on the river of Humber a new light set up to which men voluntarily give more. The coal ships make a voyage more in a year than they did before. The charge, £352 per annum. The benefit comes short of £800 per annum for all the former pains and charges he has been at. He moves that before we proceeded to censure, the patent might be perused.

Put off to Friday.

Lamplugh, the patentee of Dungeness, called in. Alleged how necessary it was and that before it was set up 5 or 6 ships were wont [f. 62] to be cast away in a year, etc. That it yielded him but £200 per annum.

I myself informed that it was six times £200. That it was upon certificate only of some merchants about London and none of the south or western coast privy to it. That those that did certify gave consent but to a ld. per totum, in the whole, whereas he takes ld. outward and ld. homeward, which drew out of some outports £20, £30, £40 per annum. That it was not so needful, no shelves being there, as there were at Wintertonness, but only a ledge of rocks lying a mile into the sea. That there was one offered to maintain it for a third part of the profit. That the shipwreck was only one year in a tempestuous time. They maintained but a paltry light set up upon three masts.

Put off to Friday.

XII. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159

[f. 73v]

March 80, Monday

Sir Thomas Gerrard, burgess of Liverpool, petitioned to be discharged of his service in the House, and sickness was alleged; and, indeed, sickness incurable is an excuse, which his was not. Ergo, the House conceived that being discovered to be unwilling to take the 2 oaths, he now desired to be gone; but it was ordered he should appear there the next day and have the oaths tendered unto him. If he refused, then the House to judge of it as they saw cause.

An act for the passing of accounts of sheriffs, the which without charge or delay. Vide February 260.

In bills that run upon penalties, it must not be said "be it enacted from henceforth" or "hereafter" because that was to commence from the first day of the Parliament, which was before the law were made, but "from the end of this sessions [sic]".

[f. 74] An act against secret offices. Vide March 30.

The buzz examined about concourse to Sir Robert Cotton's and Mr. [John] Borough's house in Westminster late at the night, with spades seen.

Sir Robert Cotton made his answer by MR. [WILLIAM] BOSWELL that there was no cause by no means to suspect him, and [MR. JOHN] BOROUGH, being of the House, cleared himself.

The report came in of the King's answer to both Houses upon the tendering of their advice to his Majesty, March 60 [sic], and his answer was forthwith read.

It was ordered that copies should be given out to such as were of the House, and SIR BAPTIST HICKS moved that it might be at reasonable rates.

The information of the King's estate, which was to be made by the Lord Treasurer, was transferred to SIR RICHARD WESTON.

An act for the continuance of an act made Jacobi 40 for the true making of woollen cloths.

It was said that pressed the seller, not the buyer; and it was desired a course might be thought on to punish and restrain the merchant for stretching of the cloth when he had it abroad, who of 22 yards made 30, and so proportionally.