Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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SATURDAY, 13 MARCH 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12
[CJ 684; f. 40v]
Sabbati, 130 Martii, 210 Jacobi
L. 1a. An act for avoiding of a decree, procured indirectly and by corruption, in the Chancery between the Lord Wharton and Dame Dorothy, his wife, and Edward Willoughby, esq., and others, and for avoiding of certain conveyances unconscionably and unduly obtained by the said Lady Dorothy from Sir Francis Willoughby, kt., her late husband.
L. 1a. An act to enable [Sir] James Ward, alias Fermor, to sell and dispose a messuage and certain lands in Ibstock within the county of Leicester for and towards payment of his debts and provision of his younger children.
L. 1a. An act for the further description of a bankrupt and relief of creditors against such as shall become bankrupts, and for inflicting corporal punishment upon bankrupts in some special cases.
L. 1a. An act to prevent simony and abuse of elections in colleges and halls.
[f. 41] SIR EDWARD COKE reports the bill for pleading in the Exchequer upon alienation with licence, etc. That 2 testified: 1 for 50, the other for 45 years. Both agreed the fee for the Clerk 12d. a sheet, 13 or 14 lines in a sheet for drawing; 3s. 4d. for entering if but half a roll; 6s. 8d. for a whole roll and as much for the Remembrancer for examining; 4s. 6d. upon the judgement. Commends Sir John Osborne for his integrity. In some cases, the plea must needs be long.
[CJ 685] Where the uses upon a fine, recovery or feoffment to a stranger, the pleading of the uses for the benefit of the king; where the use to the cognisee and his heirs, and they agree, there no pleading at all; and this the most ordinary.
This bill amended in divers parts. The amendments twice read.
Upon question, to be engrossed.
SIR THOMAS HOBY reports that they find not Sir Thomas Gerrard a convict recusant.
SIR A[RTHUR] INGRAM moves to have a bill of praemunire drawn and read here against him twice in one week.
|Sir Edward Coke
|Mr. [John] Glanville
|and Mr. [John] Selden to draw this bill.
|Sir A[rthur] Ingram
SIR WILLIAM FLEETWOOD reports the bill for purveyance of carriages with amendments, which twice read.
MR. SOLICITOR. That an ancient prerogative to take carts and carriages. Question, whether fit the subject should come to be judge between the king and the subject.
SIR CHARLES MORRISON shows the excessive pressing upon his country by carriages, especially since Middlesex has compounded.
SIR EDWARD COKE. This part of the king's prerogative with which we deal. Not to do this without precedent: which 250 and 360 Ed. III., where if the purveyor and party cannot agree, the constable and other good men are to set down the price. The justices of peace of better worth and but tenants at will to the king, who may at pleasure put them out of commission.
[f. 41v] MR. [EDWARD] ALFORD. To take into consideration the commissions for composition.
Upon question, engrossetur.
Concealments. Tuesday in the afternoon, Court of Wards.
L. 3a. An act concerning monopolies and dispensation with penal laws and the forfeitures thereof.
Upon question, passed.
Mr. Attorney General and Sir Edward Salter bring from the Lords this message: that the Prince his Highness has this morning declared to them that the King's Majesty is well pleased that the committees of both Houses agreed upon yesterday shall attend him tomorrow at 2 of the clock in the afternoon at Whitehall.
The messengers called in, Mr. Speaker delivered them thanks from the House to their Lordships for their good correspondence, and that we will attend his Majesty at the time and place appointed.
SIR ROBERT PHELIPS. To certify the Lords by message, first, of our thanks for their correspondence yesterday, in passing [blank]. Secondly, that after that yesterday agreed upon delivered, the King may be moved presently to declare himself.
Bill of monopolies to be carried up alone and Mr. [John] Glanville to carry it up, well attended, and with a special recommendation from this House of the good affection thereof unto it.
Mr. Recorder, Sir H[enry] Spiller, Sir A[rthur] Ingram, Mr. [Thomas] Fanshawe, advised to examine Sir Thomas Gerrard's man and to administer the oaths of supremacy and allegiance to him if they find cause; and Sir Peter Heyman to go with them and advise them.
L. 3a. An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall or annexed to the same.
[f. 42] Upon question, passed and ordered to be presently sent up alone. Mr. Treasurer to deliver it well attended.
L. 2a. An act for confirmation of the foundation of the hospital of King James, founded in Charterhouse in the county of Middlesex, at the humble petition and only costs and charges of Thomas Sutton, esq., and of the possessions thereof.
SIR JOHN PERROT. Not fit to let them have power to give oaths or to make laws.
SIR EDWARD COKE. Above £4,500 per annum upon the first foundation established upon the corporation. To commit it.
Tuesday, 2 of the clock afternoon, Court of Wards.
Lord Hobart, Sir Edward Salter bring from the Lords a bill to enable Dame Alice Dudley, wife of Sir Robert Dudley, to assure her estate in the manor of Kenilworth and other lands in the county of Warwick for valuable consideration to the Prince his Highness and his heirs. And the greatness and eminency of the Prince's person considered, they have sent it alone.
L. 1a. An act to enable Dame Alice Dudley, wife of Sir Robert Dudley, to assure her estate in the manor of Kenilworth and other lands in the county of Warwick for valuable consideration to the Prince his Highness and his heirs.
Mr. Attorney General and Mr. Serjeant [Sir George] Croke bring from the Lords a message: that the Lords have commanded them, out of their desire of correspondence, to signify that where Lord of Canterbury is tomorrow to deliver the answer from both Houses, which must needs have a preamble, and for that the Lords would have nothing but in writing, desire, therefore, the committee yesterday may presently meet theirs to agree upon a preamble to this answer.
[f. 42v] Agreed the committee shall presently go up, but to agree to nothing until the House be acquainted, for which purpose the House is to sit until their return.
Mr. Solicitor to make the report back.
Answer, by the messengers: our committees shall presently come up into the Painted Chamber, as desired.
SIR EDWARD COKE reports from the committee of grievances of a patent, made September 210 Jac., made to [Sir Robert] Sharpeigh and [Alexander] Haitley of a new office of survey of seacoals in Newcastle. A survey of all the seacoals to be spent within the realm, of a native commodity to be made within the realm, and of fire. They have 4d. for every great chaldron of coals they shall survey, amounting to £3,200 per annum. This granted for 21 years. The King has proceeded herein most carefully and honourably. Learned counsel were the referees, who held it good. This an imposition upon some commodities, which the King himself disliked. A former patent in this kind to Boyle and another also revoked. A proviso in this: it shall be void when 6 of the Council shall declare it unfit. Roger Tyler, a surveyorship of all vinegar, mustard and hops: this overthrown. Surveyorship of lead, in like manner.
Resolved, to send for these patentees and for [blank] Cotham, their register, to be here in Easter Week and to bring their patent and by counsel defend it. That the now Duke of Lennox has sent under his hand that, giving him convenient time, he will take order the patent shall be here. That they have already made 40 surveyors under them.
Ordered, Sharpeigh and Haitley to be sent for, and Cotham, the register, to be here on Friday in Easter week, with their patent.
And the House thinks fit that until further order taken, the patent be not put in execution.
SIR JOHN SAVILE. That the King has referred this to the King's learned counsel, upon whose opinion the King has granted this patent. To have them sent for.
SIR EDWARD COKE knows not who the King's Serjeant 130 Jac., but takes it Bacon and Yelverton were then Attorney [General] and Solicitor.
Resolved to let this rest.
[f. 43] MR. SOLICITOR reports from the last committees of both Houses that the preface not yet put into writing. That Lord of Canterbury began with the respects of the Lords to this House, which the cause of this meeting. That the substance of what he intended for an introduction [CJ 686] was, first, to give thanks to God, in the name of both Houses, that had given us such a King that would speak and be spoken to by his people. [Blank] Thanks to the King for being so sensible of the insincerity of the nation he had last treated with. [Blank]
That the Lords sit until our return to signify our allowance or disallowance of it. This now reported by MR. SOLICITOR for the introduction generally allowed.
MR. [THOMAS] FANSHAWE. That they find no cause to retain Sir Thomas Gerrard's man. To be discharged.
SIR EDWIN SANDYS. That the Company of the Merchant Adventurers may bring in their 2 books of account and their court book of orders.
Resolved, to be brought upon Monday next, sedente Curia.
Desired from the committee of trade that one [Edmund] Nicholson, the inventor of the pretermitted custom, shall come in Thursday before the committees for trade, and his patent.
Post meridiem, 130 Martii, 230 [sic] Jac.
L. 1a. An act for establishing of some manors and other lands in the several counties of Cornwall, Devon and Dorset upon John Mohun, esq., son and heir apparent of Sir Reginald Mohun, kt. and baronet, according to the true meaning of certain agreements between them had and made.
L. 1a. An act for securing the lordship or manor of Goteland, alias Goathland, and the tenants of the same under the most excellent Prince Charles his Highness, from the encumbrances of Sir Richard Etherington, kt.
[f. 43v] L. 2a. An act for continuance and repeal of statutes. [Blank]
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 735; f. 52v]
Sabbati, 13 Martii
L. 1. An act to avoid a decree, procured indirectly and by corruption, between the Lord and Lady Wharton and Edward Willoughby, esquire, and others, and for avoiding certain conveyances/
L. 1. An act to enable [Sir] James Ward, alias Fermor, to sell and dispose a messuage and certain lands in Ibstock in the county of Leicester for and towards payment of his debts and provision of his younger children.
L. 1. An act for the further description of a bankrupt.
L. 1. An act to prevent simony and abuse of elections in colleges and halls. Preferred by SIR WALTER EARLE.
SIR EDWARD COKE reports the bill of pleading alienations in the Exchequer. The Exchequer-men heard. The amendments twice read.
Ordered to be engrossed.
SIR THOMAS HOBY, SIR HENRY SPILLER, MR. [THOMAS] FANSHAWE have searched whether Sir Thomas Gerrard a convict recusant. Do not find him so.
SIR ARTHUR INGRAM. The honour and dignity of this House far engaged in this business. To make a short bill of praemunire. This maybe will start him and bring him in.
|Sir Edward Coke
|Sir Arthur Ingram
|Mr. [John] Glanville
|Attorney Wards to draw this bill.
|Mr. [John] Selden
[f. 53] SIR WILLIAM FLEETWOOD reports the bill of carriages. Sir Simon Harvey heard at the committee. The amendments twice read.
MR. SOLICITOR. This bill takes away the King's prerogative. Makes the justices of peace judges between the King and the country.
[CJ 736] SIR EDWARD COKE. 25 Edw. 3, there the constables and other good men of the town are made judges to set down the price.
Ordered to be engrossed.
Concealments, Tuesday afternoon, Court of Wards.
L. 3. An act concerning monopolies and dispensations with penal laws.
Upon question, passed for a law.
A message from the Lords by Attorney [General] and Sir Edward Salter: the Lords, to continue the good correspondence, do signify that the Prince has made declaration to them that the King is well pleased that the committees of both Houses should attend him tomorrow at Whitehall.
Answer: this House return thanks to their Lordships for their desire of correspondence and will be ready to attend at the time.
[f. 53v] SIR ROBERT PHELIPS. Fit now, by message, to certify the Lords:
- 1. To acknowledge our thanks for our good correspondence yesterday.
- 2. By addition, to have the Lord Canterbury humbly desire his Majesty to dissolve both treaties instantly; and to let him know that the language of our hearts far greater than our tongues and further, that if his Majesty shall be dissuaded from this, that he will be pleased to esteem such as dangerous enemies to the state.
Mr. [John] Glanville sent up to the Lords with the bill of monopolies and a special recommendation from the House.
Sir Arthur Ingram
Mr. [Thomas] Fanshawe
Sir Henry Spiller
Sir Peter Heyman
to examine Sir Thomas Gerrard's man and, as justices of peace of Middlesex, to do what they think fit.
L. 3. An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall, or annexed to the same.
Upon question, passed for a law.
Mr. Treasurer sent up with this bill alone.
L. 2. An act for confirmation of [Thomas] Sutton's hospital.
SIR EDWARD COKE. This the bravest foundation that ever was in the Christian world. 4,500 pound a year given at the first foundation. Opus sine exemplo.
[f. 54] Committed to:
Tuesday, 2 o'clock, Court of Wards.
A message from the Lords by Lord Hobart and Sir Edward Salter: the Lords have sent a bill. The eminency of the Prince his Highness considered, they have sent it alone.
L. 1. An act to enable Dame Alice Dudley, wife of Sir Robert Dudley, to assure her estate in the manor of Kenilworth and other lands in the county of Warwick, for valuable consideration, to the Prince his Highness.
MR. [WILLIAM] MALLORY moves to have a subcommittee for courts of justice.
[f. 54v] Another message from the Lords by Attorney [General] and Serjeant [Sir George] Croke: the Lords signify to this House that whereas Lord Canterbury tomorrow to deliver a message from both Houses to the King, fit to have some short introduction and preamble and will do nothing without the privity of this House. Desire to have our committee yesterday to meet with their committee presently to hear the effect of that which shall be used.
Answer: this House return thanks to their Lordships for their correspondence; will give a present meeting, as is desired, at the place appointed.
Our committee sent away to the Lords. Mr. Solicitor to make the report and the House to sit until they come again.
SIR EDWARD COKE reports from the committee of grievances. A patent granted to [Sir Robert] Sharpeigh and [Mr. Alexander] Haitley. A new office erected for surveying of coals. 4d. upon every great chaldron of coals. Amounts to £3,200 per annum. Referred to learned counsel; they certified this might be done. The opinion of the whole committee that no imposition could be laid upon any commodity to be spent within the realm. The opinion of the committee to send for the patentees to be here on Friday in Easter week and thought fit they should not put their patent in execution in the meantime.
Ordered, that Sir Robert Sharpeigh and Alexander Haitley shall attend on Friday in Easter week and bring in their patent with them. The House also think fit that they should in the meantime forbear the execution of it. Cotham also to attend at the same time.
[f. 55] SIR JOHN SAVILE. This patent referred to the King's counsel. They certified he might grant it. To send for these referees to know why they thus certified.
MR. SOLICITOR reports from the Lords. The preamble not conceived in writing. First, began with an introduction of respect to this House. Conceived the substance, called the ceremony of it. Second, he did purpose to give thanks to God, from both Houses, that had given us such a King that would thus speak and be spoken unto by his people.
To the King, first, that he was so sensible of the insincerity of the Spaniard and of the indignity done to his son and daughter. In respect, he desired assistance from his people.
The Lords sit until they return for an approbation of this.
Generally allowed. And the committee sent up again unto the Lords.
The Speaker to be here after dinner to read the bill of continuances.
Sir Thomas Gerrard's footman to be discharged.
SIR EDWIN SANDYS, from committee for trade. To have the Merchant Adventurers bring in their book of accounts and court book, whereby it might appear/
Their desire also to have [Edmund] Nicholson sent for on Thursday next, and bring in his patent.
Ordered, all /
[f. 55v] Sabbati, 13 Martii, post meridiem
L. 1. An act for the establishing of some manors and other lands in the several counties of Cornwall, Devon and Dorset upon [Mr.] John Mohun, esquire, son and heir apparent of Sir Reginald Mohun, knight and baronet, according to the true intent and meaning/
L. 1. An act for securing of the manor of Goathland. [Blank]
L. 2. An act for the continuance of divers statues and repeal of divers others.
All that will come to have voice. Monday, Star Chamber, 2 o'clock.
III. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
Saturday, the 13th of March
SIR ARTHUR INGRAM moved that a bill of praemunire might be drawn against Sir Thomas Gerrard for refusing to come in to take the oath, whereupon it was ordered that [Mr. John] Selden, the Recorder and Solicitor should draw a bill.
SIR CHARLES MORRISON. The county of Hertford furnished in one year 3,000 carts for the King's service at 16s. a cart.
The SOLICITOR moved that the justices of peace were parties and not fit to set down the prices.
SIR EDWARD COKE. By a law in the 35 of Edward the 3rd, it was agreed if the purveyors and the people could not agree of prices, the constable and 4 good men of the town should set it down.
MR. [EDWARD] ALFORD wondered the justices of peace of some counties would compound, for by act of Parliament it could not be warranted, and then the whole burden lay on those that had not compounded.
So the act against purveyors and cart-takers did pass to the engrossing.
An act concerning monopolies and dispensation with penal laws and the forfeitures thereof.
[f. 100] The Attorney [General] and Sir Edward Salter came of a message from the Lords that the Prince had signified unto them that the King would have the committee of both Houses to attend him at Whitehall tomorrow at 2 o'clock.
SIR ROBERT PHELIPS. To send a message to the Lords to give them thanks. And that the Archbishop of Canterbury shall from both Houses desire the King instantly to declare himself, and to tell the King that those that shall dissuade him from breaking the treaties are enemies to him and the state.
SIR WILLIAM HERBERT. We had already given a full answer and to say further by way of anticipation were preposterous.
SIR HUMPHREY MAY moved the bill of monopolies should go to the Lords well accompanied.
The SPEAKER said that in the 3rd of the Queen, a bill being sent up only with 4 or 5 was returned by the Lords, thinking the House ill-affected to it.
SIR EDWARD COKE being required to go up with this bill, said he had rather be a servant within the House than without.
An act to enable the Prince to make leases of any of his possessions of the Duchy of Cornwall passed the House.
SIR EDWARD COKE. [Thomas] Sutton's hospital was the greatest foundation in Christendom, there being at first given to it £4,000 [sic] a year land. The corporation was in the 16 governors and not in the brethren.
My Lord Hobart and Sir Edward Salter brought from the Lords an act to enable Alice Dudley, the wife of Sir Robert Dudley, to assure Kenilworth upon the Prince and his heirs.
The Attorney [General] and Serjeant [Sir George] Croke came of another message and desired a meeting presently about a preamble to the paper that my Lord of Canterbury was to deliver tomorrow from both the Houses to the King.
[f. 100v] But the House would not give the committee power to put in a preamble without first reporting it to the House.
SIR EDWARD COKE. There was never imposition upon fire or water, but now there was a complaint against the Duke of Richmond's patent of 4d. in a chaldron of coals for 21 years, to survey the measure, which is worth above £3,000 a year. In Edward the 4th's time, one had got a survey of beer, but it did not last. [Alexander] Haitley and another were the only visible patentees. The Duke had 40 surveyors.
Hereupon was ordered that Friday in Easter week they should bring in their patent; in the meantime not to execute it.
SIR JOHN SAVILE said that [Sir Edward] Coke was too tender to men of his coat, and that he would have the referees questioned.
MR. [WILLIAM] MALLORY would have them, if any of them were of the House, to be cast out. The credit of a lawyer is like a flower: if he once hang down his head, he never recovers it.
The referees were Bacon, then Attorney [General] (as Coke called him, my Lord Verulam, St. Albans do you call him), Yelverton, then Solicitor, and Sir Harry Montague, Serjeant [Sir Ranulphe] Crewe and others.
MR. [CHRISTOPHER] BROOKE said his affection went with the motion but how to execute it he saw not, for Yelverton was reduced ad principium, now no officer; Bacon a Lord of the Upper House, if not barred by judgement, and out of their reach; and another of them he thought was the Lord President; of these 2 had received blows by fortune.
IV. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
[13 March 1624]
The bill of monopolies engrossed and sent above.
A message from the King that he will hear the committees of both Houses tomorrow at two o'clock.
The Prince's bill engrossed and passed for to enable leases to be made of Cornwall Duchy.
Bill for [Thomas] Sutton's hospital. £4,000 [sic], land £40,000. Committed with care what oath they gave and what laws they be authorized to make.
A bill to enable Lady Alice Dudley to convey the manor of Kenilworth and other lands to the Prince in fee sent from the Lords' House and presently read, purporting how Sir Robert Dudley and she this in tail of his grant. He granted it to Prince Henry, and went overseas and married another. Now the Prince paying £400 [sic], she is enabled to assure it as a femme sole and so to dispose of her goods and lands at pleasure, notwithstanding Sir Robert Dudley or his forfeits, and she to be as femme sole, but not to dissolve the marriage.
SIR THOMAS JERMYN. Ecces res by St. Leger upon a book sent to him, said it had the Latin "R", the Greek "R" and Hebrew "R", and nothing else.
V. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
[13 March 1624]
The Lords sent us word that the King would have the committee of both Houses to be with him at Whitehall the 13th [sic] day ...
VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Saturday, 130 Martii 1623
An act to enable [Sir] James Ward, gent., to sell certain lands in comitatu Leicester for the payment of debts. 1. L.
An act for the further description of a bankrupt and the relief of creditors against such as become bankrupts and for the inflicting of corporal punishment on bankrupts in some cases. 1. L.
By this, the remedy by the statute of 23 [sic] Eliz. shall be put in force against them. That their wives shall be examined on oath for the discovery of these bankrupts. Those bankrupts that shall convey away their estates thereby to deceive their creditors shall, being thereof convicted on indictment at the sessions, stand in the pillory and have one ear nailed thereto. r. p.
An act to prevent simony and abuses of elections in colleges and halls. 1. L. Dormit Lords.
SIR THOMAS POSTHUMOUS HOBY says that he and Sir Henry Spiller have made search among the records in the Pipe Office and Sir John Osborne's office, and they find not that he is a convicted recusant.
SIR ARTHUR INGRAM would have a bill drawn against Sir Thomas Gerrard, who has so mocked this House by his hiding away for fear of being here offered the oaths of allegiance and supremacy, that thereby he may be condemned in a praemunire if he shall not come and take those oaths, he being returned a burgess for Liverpool in comitatu Lancaster to serve here.
It is accordingly ordered and a committee appointed to draw such a bill against Sir Thomas Gerrard.
[f. 77v] Concerning the bill touching carts and carriages, MR. SOLICITOR says that this is a flower of the prerogative of the King, and to make the justices of peace judge herein between themselves, their neighbours and the King, and to appoint them to set their own rates on things.
SIR CHARLES MORRISON, knight of the shire for the county of Hertford, says that by the confession of Sir Simon Harvey (an officer of the Green Cloth), there have been 3,000 carts found by that shire for the King's carriages in one year, and the burden and charge of this is so great as they cannot bear it nor be able to give any subsidies.
MR. [EDWARD] ALFORD says that these private compositions for carts and purveyance is of dangerous consequence, for when a few shires have compounded, the burden of those things lies and is raised after upon the rest of the shires. He would not have any compositions for such things made but by public act in Parliament.
An act concerning monopolies and dispensations with penal laws and the forfeitures thereof. r. p. This bill is passed our House at the third reading, and is sent up by some of the principal members of this House with a special recommendation of the affection of this House to this bill.
Message from the Lords signifying that the Lords, to continue the good correspondency between us and them, have sent to let us understand that his Highness has made relation to them that the King is pleased that the committees of both Houses, according to their agreement yesterday, attend his Majesty tomorrow at 2 of the clock in the afternoon at Whitehall.
Our answer: that we return thanks for the correspondency and will attend his Majesty at the time and place as is desired.
[f. 78] SIR ROBERT PHELIPS. That it is not unknown with what difficulty we have passed thus far in the business now in hand. To expedite our hopes and that business, he would have us by message:
- 1. To thank their Lordships for their correspondence.
- 2. By addition of what is done to be delivered to the King, that we will humbly petition that he will presently declare the breach of both treaties, and to assure his Majesty that the language of our hearts is far larger than that of our pens or tongues. And if any shall dissuade his Majesty from entertaining of our humble petition (as great and good businesses have ever malevolent spirits to oppose it), that he will be pleased to hold such person as ill-affected to his Majesty, his posterity and state.
SIR WILLIAM HERBERT would not have us anticipate the King's entertainment of our answer which he conceives to be fully and directly to his Majesty's proposition, and therefore would not have us add or alter any point or thing to our message.
And so this motion rests.
Sir Thomas Gerrard's man, being stayed yesterday notwithstanding the order of this House for his miscarriage at his examination here, is now ordered to be by a committee of this House (who are justices of Middlesex) to examine him anew and to offer him the oaths of supremacy and allegiance if they see cause.
An act to enable the most excellent [f. 78v] Prince Charles to make leases (for 3 lives of 31 years) of lands parcel of his Highness's Duchy of Cornwall or annexed to the same. 3. L. r. p. This bill is now passed this House at the third reading and now sent up by itself with a special recommendation from this House to express our affection and duty to his Highness.
An act for confirmation of the foundation and incorporation of the hospital of King James founded in Charterhouse in the county Middlesex at the humble petition and the only costs and charges of Thomas Sutton, esq. 2. L.
SIR EDWARD COKE. That Thomas Sutton, esq., the founder, did give at first in stock £40,000 and £4,500 per annum to this hospital. There are 16 governors of this hospital, and 80 old and decayed soldiers and seamen kept by this foundation besides scholars, and he hopes there shall be more hereafter when the lands come in.
This bill is committed.
Message from the Lords, who bring a bill from their Lordships, entitled, An act to enable Dame Alice Dudley, wife of Sir Robert Dudley, kt., to assure her estate in the manor of Kenilworth and other lands in the county Warwick, for valuable consideration, to the Prince's Highness. 1. L. r. p.
This bill is to enable the said lady because her husband is in contempt beyond seas, and that she shall dispose of the money thereof for the good of herself and children as a femme sole, but not to dissolve the matrimony between her and her husband.
Message from the Lords signifying [f. 79] that whereas the Lord of Canterbury is tomorrow to deliver to the King's Majesty a message from both Houses which is reduced to writing, they think it fit that some preamble should be drawn for that message, and because they are desirous to continue the correspondency they thought good to desire that the same committee of both Houses may meet to agree on such a preamble, and that the committee may meet presently.
Our answer: that we do give thanks to the Lords and desire still we hold correspondency with them, and will give a meeting with the Lords presently.
SIR EDWARD COKE reports from the committee of grievances of a patent dated 30 December [sic], 210 Jac., to Sir Robert Sharpeigh and [Alexander] Haitley [et] aliis to survey all the seacoal that are to be spent within the realm but nothing to do with the coals that are carried out of the realm. He says that he never before knew an imposition on fire or water. This patent is granted for 21 years and the patentees are to have 4d. of the chaldron, which by casting of the whole benefit of this imposition amounts to £3,300 per annum. This was granted by a reference from the King's learned counsel. This patent has a clause that if any 6 of the Privy Council shall find this to be inconvenient, then this patent is to be void. This patent was to the use of the late Duke of Richmond and Lennox. There are 40 surveyors for this business who are as so many flies to afflict the poor subjects.
[f. 79v] It is here ordered that according to the opinion of the committee, this patent for the surveying of seacoal shall be brought in and the patentees to attend on Friday in Easter week.
SIR JOHN SAVILE would have such of the King's learned Council as certified to the King on the reference of this business that his Majesty might grant this patent should be sent for to deliver the reasons that moved them thus to advise the King to grant this patent.
Report by MR. SOLICITOR from the conference at the committee touching a preamble to our message to the King which is thus in effect, and it is but an introduction without altering any point of the matter. First, to give thanks to God in the name of both Houses that He had placed such a king over us that was pleased to speak and to be spoken to [by] his people; to give his Majesty thanks that [he] is so sensible of the insincerity of the Spaniard in the treaties and the indignity offered his son in Spain; to express with what expedition and alacrity both Houses returned and resolved on this answer.
It is, by the vote of this House, that we agree to this preamble of the Lord of Canterbury's.
We return again to the patent of surveying of [sea]coals. That the first patent for this business was granted in 130 of this King and the Lord St. Albans and Sir Henry Yelverton and one of the King's serjeants, made a reference in this business of the lawfulness and conveniency of this kind of patent.
[f. 80] SIR JOHN STRANGWAYS would have the referees that certified the King of the fitness of this patent sent for and some course taken for the punishing of them that example may be made of them to the terrifying of others from making the like certificates.
MR. [JOHN] GLANVILLE thinks that it will be fittest to send for the referees after the patent of [sea]coals is here condemned.
It is ordered that Sir Thomas Gerrard's man, having been examined by a committee of this House and no material thing against him, shall be discharged and set at liberty.
SIR EDWIN SANDYS says that the impositions laid on cloth by the Company of Merchants [sic] Adventurers is not yet freed nor like to be these many years, and it is desired that the said Merchants [sic] Adventurers shall bring in all their books of account, and any other books to the committee, Thursday, which request is so ordered.
It is ordered that Mr. [Edmund] Nicholson shall bring in the patent of pretermitted custom to the said committee, and his grant of £1,000 per annum for his inventing of that project and pains in the execution thereof.
VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Saturday, the 13th of March
An act to reverse a decree by Bacon against the heirs of Sir Francis Willoughby.
An act to enable Fermor to sell land.
An act against bankrupts.
An act for avoiding simony in colleges and halls.
SIR EDWARD COKE reports the committee for the bill of licence of alienations. It is passed to engrossing.
SIR THOMAS HOBY reports that he finds not Sir Thomas Gerrard convicted in the [Ex]chequer rolls, and an order is made that a bill of praemunire shall be preferred against him.
SIR WILLIAM FLEETWOOD reports the bill of carriages for the King's services.
The SOLICITOR excepts against it that the justices of peace, being in a sort parties, should be made judges.
SIR CHARLES MORRISON shows the grievances of Hertfordshire for burden.
SIR D[UDLEY] DIGGES answer[s] the Solicitor, the justices are appointed by the King and he may appoint whom he will. They know the estate of the country best and can best proportion the price according to the quality of the place. He desires not the prejudice of the prerogative for taking of carts but to ease the country by a reasonable price.
SIR EDWARD COKE says that it was enacted in Ed. the 3rd's time that if difference did arise for price for the King's carriage, the constable and 4 honest men shall proportion the price, and that the justices are supposed to be as good as 4 honest men.
The bill is ordered to be engrossed.
An act of monopolies and dispensation with penal laws. Read, engrossed and sent to the Lords.
[p. 114] A message is sent from the Lords by the Attorney [General] and Sir Edward Salter, that the King is pleased to admit us to come to him and hear us tomorrow at 2 o'clock at Whitehall.
It is answered with our attendance.
SIR R[OBERT] PHELIPS moves that all difficulties may be so removed that we may arrive at the haven of our hopes. He presents his opinion that the Lords be presented with thanks for joining so lovingly with us, that as we have one body so we have one soul, and that both Houses may join in petition to the King to declare the breach of both the treaties and to assure the King the language of our hearts is more than the language of our tongues, and that if the King shall be persuaded by anyone not to dissolve the treaties, to esteem him an enemy to the state.
The bill of monopolies is sent up by [MR. JOHN] GLANVILLE, because he took pains in it, and the Privy Council is commanded to attend it and many more, for the SPEAKER says a good bill in Queen Elizabeth's time miscarried in the Upper House because they supposed it was not much favoured below, having no more attendance. He that carries a bill must never speak of the contents more than the title.
The Prince's bill for passing leases of duchy lands is sent alone to the Lords accompanied with the noblemen and many more.
An act for [Thomas] Sutton's hospital. It is committed.
SIR EDWARD COKE says that no foundation was so great at first of any college or hospital in Christendom; he endowed it with £4,500 land per annum and £40,000 stock to buy land.
[p. 115] Sir Henry Hobart, Lord Chief Justice, and Sir Edward Salter bring down a bill concerning the assurance of the Prince's purchase of Kenilworth Castle from Lady Dudley.
A message came from the Lords by the Attorney [General] and Serjeant [Sir George] Croke that the Lords would add a preamble to the message that should go to the King and desired the committee might come and consider of it.
They went. This see in the preface of the Archbishop to the King set before the King's speech among the speeches of this Parliament.
SIR EDWARD COKE reports the committee of grievances concerning the patent of [sea]coals: says that patents have been gotten in Queen Elizabeth's time for survey of vinegar and mustard. That the execution of this patent is stayed. Blames the Council that advised the King to grant that patent, which are said to be Bacon, then Attorney [General], and Yelverton, Solicitor, and would have them answer it.
[MR. CHRISTOPHER] BROOKE says that the Lord Mandeville, [Lord] President, was one and they cannot send for him from the Upper House.
This motion stayed, though SIR THOMAS JERMYN moved that a brand might be set upon all such councillors.
VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932
First read. An act to avoid a decree procured indirectly in the time of [Lord] Chancellor Bacon by corruption.
First read. An act to enable [Sir] James Ward, alias Fermor, to sell lands in Ibstock in Leicestershire.
First read. An act for the further description of a bankrupt.
First read. An act to prevent simony and abuse of elections in college or hall.
[SIR EDWARD] COKE reports the bill for the ease and obtaining license of alienation and ease of pleading of license of alienation and pardons. Engrossed.
[SIR THOMAS] HOBY reports that the committees do not find Sir Thomas Gerrard by the records in the [Ex]chequer to be convicted of recusancy.
[SIR ARTHUR] INGRAM moves that a short bill of praemunire be framed against Sir Thomas Gerrard and read twice a week. It may be it will bring him in.
A committee is appointed to draw the bill.
[SIR WILLIAM] FLEETWOOD reports the bill of carriages, for purveyance and carriages.
[SIR CHARLES] MORRISON. That 3,000 carts have been taken in a year at 15s. the cart; and now that Middlesex has compounded, the charge of Middlesex lies upon Hertfordshire, which was 500 charge when 200 served.
[f. 51] [SIR EDWARD] COKE holds it a good bill. 250, 330 [sic] Ed. 3, that the constable and 4 good men shall set down the price. Therefore, much more the justice of peace, who are there during the king's pleasure.
[MR. EDWARD] ALFORD. That we may take into consideration this bill for that a few shires have compounded and the burden of those are laid upon the other shires which have not compounded.
It is put to the engrossing.
An act concerning monopolies and dispensation with penal laws and the forfeitures thereof. Engrossed and passed this House.
That if any shall be grieved or troubled, shall have his action at the common law and shall have treble damages and double costs, and whosoever shall procure the stay of any judgement shall incur a praemunire. For new manufactures, there is a provision of xiiii year['s] allowance.
A message from the Lords, Attorney [General], Sir John Salter: that the Lords continue their correspondency to this and that the Prince has received knowledge from his Majesty that he is pleased we shall attend his Majesty at Whitehall tomorrow by 2 of the clock.
[SIR ROBERT] PHELIPS moves that by message to the Lords we may signify our thanks. Afterward, that we beseech his Majesty instantly to declare his breach with Spain, and upon his Majesty's engagement we shall give as large a testimony of our love. Lastly, if he shall be dissuaded from the declaration, [f. 51v] than to esteem such dangerous to the estate and so to respect it.
The bill of monopolies is sent up by a special recommendation of the affection of this House to it.
Order. Committees to examine Sir Thomas Gerrard's man and to give the oaths if they shall see cause. Sir Henry [sic] Fanshawe, [Sir Arthur] Ingram, Recorder, [Sir Peter] Heyman, the committees.
An act to enable the Prince to make leases of lands parcel of the Duchy of Cornwall or annexed to the same. Engrossed and passed this House.
Second read. Committed. An act for [Thomas] Sutton's hospital to be called King James's Hospital.
[SIR EDWARD] COKE. There was assured £40,500 [sic] per annum assured [sic] at the foundation, and £40,000 to furnish and buy more land. There are 16 governors who have power to sell it, which he desires may be prevented.
A message from the [Lords], Lord Hobart, [Sir John] Salter, with a bill that has passed the Upper House, entitled, An act to enable Dame Alice Dudley, the wife of Sir Robert Dudley, to assure to the Prince Kenilworth Castle et alii in Warwickshire upon valuable considerations, £40,000 [sic].
Message from the Lords, Attorney [General], [Serjeant Sir George] Croke: that whereas my Lord of Canterbury is to deliver from both Houses in writing to the King, they think it fitting that there be a preamble to be delivered to the King. That therefore the committee appointed yesterday may meet in the Painted Chamber presently.
[f. 52] Answer to the message: that they will give a present meeting at the place appointed.
Mr. Solicitor is appointed to make the report back and the House to sit until they return.
[SIR EDWARD] COKE reports [from the committee for] grievances. One patent, the 21st year of the King to [Sir Robert] Sharpeigh and [Alexander] Haitley, an office of survey of [sea]coal in Newcastle and Bly[th], to survey all the [sea]coals within the kingdom but not of that out carried. 4 tons [sic] for every great chaldron of [sea]coal they are to have; the yearly revenue of it is £3,300 per annum, 4d. every chaldron otherwise.
That Sharpeigh and Haitley be here on Friday in Easter week and that in the meantime they forbear to make profit of their patent.
[SIR JOHN] SAVILE moves that the King's Council that gave advice to the King that the patent was good may be sent to to come here as well as the patentees, who were in more fault than the patentees.
[MR. WILLIAM] MALLORY moves that if there be any here that were referees in this business, may be put out of the House.
[f. 52v] SOLICITOR reports that the Lord of Canterbury began with an introduction of good respect to this House. He called it a ceremony. First, he did purpose to give thanks to God that we had such a King that would hear his people; next, thanks to the King that he took our advice in such good part.
[SIR EDWARD] COKE. That Bacon and Yelverton was in the 130 of the King Attorney [General] and Yelverton [sic], but the serjeants he does not remember.
[SIR THOMAS] JERMYN. That the miscarriage of these patents are in the referees. Therefore, if the House will set a brand upon these indignities, the House shall do a very worthy act.
Order is only for the patentees shall appear the Friday in Easter week.
Committee for the bill for the continuance of statutes. All that come to have voices, in the Star Chamber on Monday, 2 of the clock.
IX. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
13 Martii 1623
Divers private bills read in the morning.
An act for the further relief of creditors against the shifts of and fraudulent conveyances of bankrupts.
An act for prevention of simony and corrupt election in colleges and halls.
SIR EDWARD COKE reported the bill for ease of the subject in pleading licences of alienation. The fees claimed by the [Ex]chequer-men were these: to the Clerk for drawing the plea, xiid. a sheet; for entering the same, 6s. 8d. per roll; for the judgement, 4s. [sic] a sheet and xviiid. to the Clerk. This was testified for 50 years. On the other side, it was conceived that in a fine and recovery, though the uses were limited to others, yet the licence was to the committee and the examination of the uses is for the benefit of the King, that he might know his covenant, which as his Majesty's Clerks they ought to do without charging the subject, and this was according to my Lord Treasurer Burghley's order. It is agreed that if the [f. 28v] use be to the cognisee, there need no pleading. Yet the committee had altered this bill from xs. to xxs.
It was ordered that Mr. [John] Glanville, Mr. [John] Selden and Mr. Recorder should draw a short bill of praemunire against Sir Thomas Gerrard.
An act against purveyances desired to be read by SIR WILLIAM FLEETWOOD.
MR. SOLICITOR objected that it concerned the King in that manner as that it was unlike[ly] to pass. It will not be thought reasonable the country should be judges between the King and themselves. It will take away an ancient prerogative. That justices, to whom this bill refers the business, are principal members of the county and their tenants most charged.
To this was replied that there was no intention to take away the prerogative but to reduce it to a reasonable price for the subject. And the King is better provided for by this bill than he was by 25 and 26 of Ed. 3, which referred the determination of the prices to the constables and other good men of the place where the carriages were taken, wherein were more reason of reformation, the course of late being more unequal than it has been because some counties having compounded, a greater burden is laid upon others.
An act against monopolies. Passed.
A message came from the Lords desiring us that our committees might be ready to attend the King tomorrow at 2 of the clock.
The bill of monopolies was sent up with commendation, and upon occasion of a motion that the messengers might be well attended, a precedent was vouched of a bill sent up [blank] Eliz. [blank] with but a few attenders which the Lords sent back again for that reason.
A servant of Sir Thomas Gerrard was convented. A committee appointed to examine him, among whom there were some justices of Middlesex and they were commanded to offer him the oath of allegiance.
An act to enable the Prince to make leases of the Duchy of Cornwall. [Blank] Passed.
An act for confirmation of [Thomas] Sutton's hospital.
My Lord Hobart brought down from the Lords a bill to enable the Lady Dudley to assure the manor of Kenilworth to the Prince and in other respects to be qualified as a femme sole.
Another message, desiring the meeting of the committees appointed to attend the King.
MR. SOLICITOR, from that committee, reported [f. 29] the introduction prepared by my Lord of Canterbury to be spoken in delivery of our declaration to his Majesty. The effect whereof was thanks to almighty God in the name of both Houses, and likewise to the King, that he was pleased to speak and be spoken with, and that he had showed himself sensible of the falseness of the people with whom he of late treated, and of the indignity offered to the Prince and injury to his daughter by intruding upon the Palatinate to the disinheriting of his son-in-law and their children. That if his Majesty should be pleased to vindicate it with the sword, as was agreeable both to the law of God and man, to show our alacrity to give him assistance therein we had agreed, etc.
X. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Saturday, 13th of March
Bill for the further description of bankrupts and for better recovery of etc. First read.
Bill for preventing simony and the abuse of elections in colleges and halls, delivered in by SIR WALTER EARLE. First read.
SIR EDWARD COKE'S report of the bill for the ease of the subject in pleading licences of alienation. Passed to engrossment.
SIR EDWARD COKE. The licence is made to the N[blank] cognisee, whereas perhaps the use goes to another. [f. 81v] And thereupon, the officers enforce men to a pleading which needs not and so lay a great charge on the subject.
SIR THOMAS HOBY'S report of the search whether Sir Thomas Gerrard were a convict recusant. It could not be found to be so.
Ordered, upon SIR ARTHUR INGRAM'S motion, that in regard of the great affront offered to this House, a bill of praemunire should be drawn up against him, and a committee named to do it.
Bill touching purveyance of horses, carts and carriages for his Majesty's service, etc., reported by SIR WALTER [sic] FLEETWOOD.
SIR CHARLES MORRISON. Hertfordshire, 3,000 carriages in one year cost 15[s.] or 16s. per cart.
SIR EDWARD COKE. This is a high point. It appears by Magna Carta that the King has right. Fit to go by precedent. An act of Parliament in point of purveyance, concerning the price 25 and 36 E. 3, the constable and 4 good men of the town, ergo a fortiori justices of the peace may be trusted with setting the price.
This bill passed to engrossing.
MR. [EDWARD] ALFORD complained of the course held for compositions with some shires so as the whole burden lies on the rest. There could be no sure course resolved on [f. 82] in the first Parliament of the King, therefore dangerous for any to undertake such things out of Parliament.
Bill touching monopolies and dispensation with penal laws. Passed the House and sent up with a special recommendation.
A message from the Lords: they signify that the Prince related unto them that the King's Majesty is well pleased that the committees of both Houses should attend him tomorrow at Whitehall at 2 of the clock in the afternoon.
Answer returned: the committees will be ready to attend.
SIR ROBERT PHELIPS. To beseech his Majesty to declare himself and if his Majesty shall be by any person dissuaded from declaring himself, then his Majesty would esteem such as enemies.
SIR WILLIAM HERBERT. Not fit to anticipate the business already in hand.
Ordered that Sir Thomas Gerrard's man, being stayed after his discharge by the House, should be further examined.
Bill to enable the Prince to make leases of his lands belonging to the Duchy of Cornwall. Passed the House.
Bill concerning [Thomas] Sutton's hospital. 2nd reading and committed.
[f. 82v] SIR EDWARD COKE. This is one of the greatest foundations of any in Christendom. £4,500 per annum assured at first by the founder, £40,000 in stock given at the first foundation. 80 old soldiers or men having suffered shipwreck to be there maintained.
A bill sent down: a bill to enable the Lady Dudley, wife of Sir Robert Dudley, to assure her estate in the manor of Kenilworth, etc., unto the Prince. First read.
A message from the Lords: the Lords signify that whereas my Lord of Canterbury is to deliver a message to his Majesty from both Houses, they conceive it will be fit to make some short introduction and desire the former select committees may meet for the framing thereof.
SIR EDWARD COKE'S report from the committee of grievances. A patent dated 20 December [sic], 21 Jac., granted to [Sir Robert] Sharpeigh and [Alexander] Haitley for surveying of seacoal, a native commodity. The imposition 4d. for every chaldron, amounting to £3,200 per annum. It has yet taken little effect. The King's own speech was that to set an imposition upon any commodity [f. 83] not imported nor exported but native, he did abhor it. This has a clause of revocation when it shall appear to any 6 of the Council to be hurtful to the commonwealth. Their own register has confessed it. They have 40 surveyors for this business. The patent was to the use of the late Duke of Lennox.
The Friday in Easter week appointed to have the patent brought in, and not to be put in execution in the mean space.
SIR JOHN SAVILE. Fit as well to proceed against the referees as the patentees.
SIR EDWARD COKE. The patent mentions that 130 Jac., the Attorney [General] and Solicitor, which was Bacon and Yelverton, did advise the King's Serjeant, Montagu.
XI. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
March 13, Saturday
An act for ease of the subject in obtaining and pleading alienations.
A motion to have a bill of praemunire against Sir Thomas Gerrard upon his contempt, and the Recorder, Master [John] Selden and Master [John] Glanville were appointed to do it.
The bill of carriage, vide March 50.
An act concerning monopolies and dispensations of penal laws and forfeitures. Passed.
This bill was sent up to the Lords by itself alone, well attended, and recommended to the Lords with the great affection of [f. 79] the House to it.
A message from the Lords: to join with them and attend the King at 2 of the clock the next day at Whitehall with the declaration of both Houses upon his Majesty's answer.
A motion to thank the Lords for their continued correspondency, that as we are but one body, they and we, so we seem to be moved by one soul, and to entreat them to join in petition to his Majesty to declare himself, assuring him that our hearts are more large than our words; but if his Majesty be dissuaded by any, that he would hold them as disaffected to him and the kingdom.
Order for certain justices of peace of Middlesex then in the House to examine Sir Thomas Gerrard's man about his master and to offer him the oath if occasion served.
An act to enable the most excellent Prince Charles, etc., vide March 30. Passed and sent up alone with recommendation of affection.
An act about the confirmation of [Thomas] Sutton's hospital, etc.
That famous foundation that has £4,500 rent per annum, such as no foundation in Christendom had from the founder and in stock from him at the first £20,000 [sic]. The corporation of it lies in the 16 governors and not in the brethren of the House.
A message with a bill from the Lords. An act to enable the Lady Alice Dudley, wife to Sir Robert Dudley, alien beyond the seas, convict of a praemunire, and married to another wife, to assure her estate of the manor of Kenilworth in Warwickshire upon the Prince for a valuable consideration, £4,000.
[f. 79v] A message for a committee of both Houses to frame a preface to what was to be delivered the next day by my Lord [Arch]bishop of Canterbury to his Majesty in the name of both the Houses, which the Lords would not undertake to do without the House of Commons.