House of Commons Journal Volume 1: 22 November 1621

Jovis, 22o Novembris

Licences to beg.

L. 2a. AN Act to punish the great and general Abuses by Licenses to beg . - Committed to Sir Guy Palmes, Mr. Solicitor, Sir Francis Darcy, Sir Cary Raleighe, Sir H. Fane, Sir Tho. Low, Sir Rich. Gravenor, Sir Jer. Horsey, Mr. Drake, Sir Tho. Wentworth, Sir Pet. Fretchwell, Sir Myles Sands, Sir H. Poole, Sir H. Spiller, Sir Rich. Cecill, Sir Ro. Askew, Sir Edw. Peyton: - Monday next, Exchequer Chamber.

Rogues, &c.

L. 2a. An Act for the more easy and speedy Conveying of Rogues, &c. to the House of Correction; and for Punishing of Constables neglecting their Duty. -

Sir Geor. Moore: - Not to leave it to the Power of any One Justice of Peace to send disorderly Persons to the House of Correction : - But agreeth it for Rogues.

[Mr. Alford,] accordant: [So Sir D. Digges.] - * * the Course for Justices of [Peace] * * * -

Committed to Mr. Alford, Sir Geor. Moore, Sir W. Heale, Sir D. Digges, Sir J. Horsey, Sir Francis Darcy. Sir Wm. Boulstreade, Lord Cavendish, Sir Wm. Strowde, Sir Ro. Bevyll, Mr. Taylor, Mr. Solicitor, Sir Edw. Gyles, Sir Tho. Hinton, Sir Francis [Barrington,] Sir Tho. Wentworth, Sir Pet. Fretchwell, Sir G. Gerrard, Sir Francis Goodwyn, Sir Wm. Spencer, Sir B. Hickes, Sir Ro. Askew, Sir H. Poole, Mr. Bowyer, Sir Edw. Peyton, Sir Tho. Hobby: - Tuesday next, Exchequer Court.

Commission of the Peace.

Mr. Secretary : - That only the Multiplicity of other Business hath hitherto hindered the Reformation of the

Commission of the Peace. That the King, at his last being in Town, remembered it; and will forthwith be helped.

Navigation, &c.

L. 2a. An Act for the Maintenance and Increase of Navigation, and to prevent the Exportation of Coin. -

Mr. Neale: - This Bill a fair Shew : - A Trojan Horse:

- Will overthrow the Navigation of all the Ports of this Kingdom, except where the Merchant Adventurers. - In the West Country many Ports, which have 60 Sails of Ships, which [cannot] go into the East Country for any Masts, &c. so [if the] Dutch shall not bring them, they cannot have them .. their Navigation shall be destroyed, except they con ... it of [the] Merchant Adventurer. -

. . no com ..... to them .....

cannot ..... the Merc ....

Mr. Pope: - .... Commodit . . .

Sir D. Digges: - . . . wary .....

Cause. .........

. . . . . . . . of the Corn import . . .

. . . . no Shipping.

that all our Laws generally are

. . . . . the 1. Restraint to Employment . . . 4. Time. - Thinketh this Bill [necessary.]

Mr. Towerson: - That the Merchant Stranger .... any Commodity, which a Subject may do. - . . . Dutch eat us out in our Navigation, and . . out our Coin.

Mr. Secretary: - Against the Bill wholly : 1. Because of the reciprocal Traffic, which is between them and us : - Which against all Treaties, 2ly, Laws enough against Exportation of Money. 3ly, This restraineth Multitude of Merchants; where fit, all were Merchants.

Mr. Sherwell: - against the Bill, for the greatest Part. -

Upon Question of Commitment, and Ingrossing, rejected.

Palatinate.

Sir Ed. Coke reporteth, from the Committee, the Three

Speeches of Lord Keeper, Lord Digby, Lord Treasurer. -

That himself much Disadvantage, because those Three

Speakers had praeparatas, he - properatas, meditationes.

2ly, Like, they had Conference, the Mother of Perfection.

- Collatio peperit artes, et nutrit. - Every one of them in his own Element: 1. A Divine, and a great Orator: 2ly, Lord Digby, for Matter of Embassage: 3ly, The Treasurer, for the Treasure. - He out of his Element in all these, 4ly, All they in the Strength of their Age. 5ly, They had their Message from the Fountain; we, from the Conduit. -

1. The Lord Keeper began with the Opinion of Tully of Antonio, to speak after Crassus. - That the Apostles chosen, not in foro Justiniani, but piscatores; not from the Bar, but from the Barge. - St. Ber. - Ut quicquid . . dicerent, [Deus] diceret in eis. So . . from the Majesty not alt ... absent . - . . . Pliny . . . .

. . . . . . Father . . . . -

. . . . . . that St. ... Vacation lived

this ....... solus. -

done ...... for us .....

2ly. The [Occasion] . . the King sole Power [to call, continue,] and dissolve, the Parliament: We [like the Centurion's] Servant. The Lords, in this Business, [passive;] this noble House active. - Remembered with much Joy the Manifesto of the 4th of June. - That Peace hath been sought by Treaties. - Wished, they had been as successful, as chargeable. - That now the King must do that by his Sword, which he could not effect by Treaty.

- As Sorobbabell, with Sword in the One Hand. -

3ly, The Pattern. - Saith not, Ite; but Eamus. - Hath already advanced 40,000 l. - We now to supply and help. The Occasion to be taken.

4ly, Form. - Not now to imitate new, but old, Precedents, - Intempestiva cunctatio dangerous. Spinola and the League omit no Time.

5ly, The Continuance. - That the 8th of February dies status ; which shall hold. -

Concluded with a double Prayer : - 1. Of Pardon, for his own Wants : And for Endeavours and Counsels here, to redound to the Good of the Church, Commonwealth, the King, and his Children.

Then the Lord Digby: - That, by Commandment, he was to make Report of his Knowlege concerning the Treaties . . Peace, if might have been obtained. - Three .1. The King's Proceeding : 2ly. The State of the . as now stand. 3ly, What Way ...

1. For the King's Proceeding; began ... at Prague. That the King un .........

Newmarket. -

He said ........

........who ...........

.............. the Palatinate subm .....

. . been restored. A Cessation, during all . . which else had been all lost. All which is now saved by the King. That the King had written to all the Kings in Christendom, to second this ; who all joined : Then sent Lord Digby to the Emperor ; who gave him honourable Entertainment, and speedy Audience. Who, seeming to incline, - appoint a Dyet atRattisbone ; which not holding, he sent to all the Princes: But, in Conclusion, all failed. The Infanta said, the Emperor would proceed in War; so that a Cessation, for Seven or Eight Months, could not be obtained. -

That now the King must either abandon his Children, or begin and wage War. That the Emperor -

That Sir Ho. Vere and Capt. Boroughes had performed admirable Service in the Palatinate, to the great Honour of our Nation. -

That, the Count Mansfeild came down, the whole Army now 20,000; whereof Count Mansfeild 10,000 Foot, 4,000 Horse. That these all mercenary : If ill paid, might lose the Country. That the Spaniard had yet no defensible Town. That the Princes of the Union had withdrawn their Army: The League continue theirs. That the Spaniard hath Five Armies, . . 6.) That the Sp. Letters effectual to conduce to Peace. -

. . . Count M. must be supplied this Winter, else

. . . . all will be lost. That the King informed

. . . . . . War, that 900,000 l. would do no

. . an Army, to recover the Palatinate. -

. . . . must maintain an Army .....

. for fear of suspect ........

House in this Business.

. [Lord] Treasurer, like a Treasurer ....

: in an ill Case. -

Causes of it: The King unfortunate ............

........... The King's Bounty: 3ly, Wa ....

. . . . . 4ly, Much spent ..... wherein

hath expended 312 . . -

The Motives to do this, with .......

Lands a third Part better now, than ......

20, now 30. Wheat then . . . -

That our Offers should not . . or delayed. That some have un ...... the Employment of this

Money, if should . . . That this worse than Sacrilege in ... should do it. -

That, when he had the Honour to sit, . . . Four Things: .1. The Advancement of Religion .....

had bestowed 30,000 l. - That the King ... ...

Bribery punished, &c. - '

That the King had abated 7,500 l. per Annum for .

. Ton of Tobacco, it being before 15,000l. per Annum.

Monopolies, 35 or 36, removed. - Not fit, the [King] should be hired to protect Religion, or make good [Laws.]

- We to do it speedily, and chearfully; then may be [sure,] we cannot (without blushing) ask what we may not have from him.

Sir Ro. Phillippes commendeth Sir Edw. Coke's Report.

- Findeth now, what he thought before, that this sudden Calling of us a Matter of great Weight. This Matter now of the greatest Weight, that ever debated here. - To do [it] therefore with Advice, and not upon the sudden. Moveth, to respite it till Saturday, or Monday; that the [House] may be full; and every Man prepare himself, upon [Premeditation,] to do that, which may shew our Respect to Religion, and Love to his Majesty, and to his Posterity.

Resolved, The Conference of this Business . . Nine of the Clock, upon Monday [next,]

Motion made.

[Sir Edw. Sackvyle] moveth, to have Monday . . . . . . that the Parties, to whom ..... be

not intrapped.

Sir Wm. Strowde, contra, Mr. W. ..... [Mr. Secretary,] pro;

Sir Jer. Horsey, Mr. . . . [Dr.] Gooch, contra.

Minister's Leases.

[ L. 2a. AN Act to make ] Ministers, and other spiritual Persons, [capable of Leases of ] Lands, for the Behoof of their Wives [and Children,] - .... the Committing of the Bill. ..

.......... have a Proviso, that no double beni-. .

....... shall take any Benefit by this Bill.

.... the Common Law, any Person, &c. might take any .... Monks, and dead Persons in Law.

The . . . . the Statute 21 H. VIII. when Marriage to Mi ... unlawfully : Now Marriage made . .

........... to have some Provision for their Children .

Estates in Fee-simple. - To commit it ... make such Provision for any engrossing ...

Sir Rich. Gravenor -

Committed to Sir Edw. Coke, Sir Geor. Moore, Sir J. Perrott, Sir Tho. Hinton, Sir Tho. Hamond, Sir Peter Hayman, Sir J. Horsey, Sir Rich. Gravenor, Mr. Finch, Sir Tho. Low, Mr. Ravenscrofte, Sir Wm. Strowde, Sir Francis Goodwyn, Sir Pet. Fretchwell, Sir Tho. Wentworth, Sir Tho. Hinton, Dr. Gooch, Sir Francis Barrington, Mr. Wentworth, Mr. Earle, Sir Edw. Gyles, Sir Wm. Strowde;

- Wednesday Afternoon, in the Court of Wards.

Scandalous Ministers.

[L. 2a.] An Act against scandalous and unworthy Ministers.

Sir D. Digges, - against the Bill. - Needless at this Time, because sufficient Course already to punish the Default, and duly executed [by the] high Commission. No Complaint against the High [Commission, at the Committee,] but by Ministers proceeded hardly against.

[Sir J. Perrott, contra.] - In his Country otherwise. - This no Imputation . ...... . Many scandalous Ministers not punished . . . to our Church.

Sir H. Poole, - for the . .........

. . . . . dom, many in his Country ....

. many of ill Life, quarrel ......

[Dr. Gooch:] - That Ministers instruct as much .

- Concurreth with Sir D. Digges. - No .....

. . . Conditions to the Bar, as the [poor] . . . . . Punishment common with them to other . . .

his Livelihood. - Never so .........

Ministers, as now. - Confesseth some ......

all other Professions. - They are .......

about Tythes: Many mean, and .......

by the Bishops Fault. But because but .....

Maintenance. - To reject . .

Sir J. Horsey: - That Mr. Dr. Gooch. .....

Sir Edw. Gyles disalloweth this ........

Concurreth, in part, with Sir D. [Digges] ....

to make a Law in this Point .........

Mr. Alford: - Hath heard no Complaint ....

high Commission : - Yet to go on .

general Law for all England. - The ......

Commission great.

Sir Ed. Coke: - 1. For Pardon for .....

meas, three times by Christ .........

3. Cibo - Yet not ............

Way for that. No Law ..........

The Ordinary cannot ...........

Drunkard, Haunter of ..........

not malum in se, as a ...........

no Fault in the Bishop ...........

to Punish the Patron . . . . . . . .

is to set the Saddle ...........

Commission for exorbitant Offences ......

Trouble and Charge to ..........

Commission. -

Committed to Sir Edw. Coke, Sir Guy Palmes, Sir Francis Darcy, Sir P. Hayman, Mr. Drake, Sir Wm. Strowde, Sir Edw. Gyles, Sir Francis Barrington, Sir W. Fleetewood, Sir Rich. Gravenor, Sir ... Sir... Sir ... Sir ... Mr. .. . Sir . . . Mr. ... Sir ... Mr. . Sir ... Dr. ....

Privilege.

........... to haste the .......

........ the Country by .....

. . . . . . Respect to our own ......

. . . Liveries given, which never before . . .

. . . that some of the Lords of the Council . . .

. . the King the Desire of the House . . .

. . . . Session before Christmas.

. . . . intreat the King, the general [Pardon]. .

..... and perfected.

. . . . Committee for reducing the Grievances into .

. revived.

. . . for Continuance of Statutes, may . . .

. . . . . the Afternoon, as well as desire ..

. . more Bills now, than those we .

. . .. lest, grasping at all, we lose ....

. . . . . . distracted in Parliament, No fit

. ...... meddle with any thing. - Thinketh

. ........ King. A Proclamation re-

. . . . . . . . about Matters of State; were

. . . . . . War and Trade Matter of ....

........ meddle with any thing, but

Parliaments.

. . . . . . . . . The King may dissolve

. . . . . . . . . . . but that should

..... answered.

. . . . . . . House to set the Foundation

. . . . . . . . . . to do this, this Afternoon

.......... other Business set [apart]

........... the King's Business at

. . . . . . . Monday.

.......... Mr. Alford's, Speech giveth

. . . . . . . . Proclamation mistaken. ...

. . . . . Committed to the Gatehouse. . . .

. . ..... Sir Ed. Sands was [committed]

. . . . . . . read.

. ... . not here, nor complaineth ....

..... lose by standing for .....

...... and that it will ......

. . . . . . . . to let it be . . . . .

. . . committed for any parliamentary .....

[Mr. Secretary :] - That Sir Edw. ......

. . . . . any thing done, or spoken .....

. ... Moveth, no Exception .......

....... who might .......

. . . . Moveth, a going on with the .....

......... [that] so we may go on ......

an Addition of a greater ....

All the Lawyers of the House .

Committee for Continuance and Repeal .....