Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015-18.
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In this section
SATURDAY, 6 MARCH 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12
[CJ 678; f. 26]
Sabbati, 60 Martii, 210 Jacobi
[Blank]
[f. 26v] L. 3a. An act for the punishment of divers abuses on the Lord's Day, called Sunday.
Upon question, passed.
L. 3a. An act to prevent and reform profane swearing and cursing.
Upon question, passed.
L. 3a. An act for the explanation of a branch of the statute made in the 3rd year of the King's Majesty's reign of England, entitled, An act for the better discovering and repressing of popish recusants.
Upon question, passed.
L. 3a. An act for limitation of actions and for avoiding of suits in law.
MR. [JOHN] GLANVILLE. That this bill goes as well to inferior courts, per loquelam, as to superior, which not remedied by the proviso here.
The word "plaint" added by Mr. [John] Glanville, coming up to the table: first, written in paper; twice read; then put in, and once read.
Then the bill, upon question, passed.
L. 3a. An act to admit the subject to plead the general issue to plead the general issue [sic] in informations of intrusion brought on the behalf of the King's Majesty and to retain his possession until trial.
Upon question, passed.
L. 3a. An act for the ease of the subject concerning information upon penal laws.
Upon question, passed.
L. 3a. An act for the naturalizing of Elizabeth Vere and Mary Vere, daughters of Sir Horace Vere, kt.
Upon question, passed.
Mr. Attorney General and Mr. Serjeant [Sir George] Croke bring a message from the Lords: that they desiring the continuance of the good correspondence of the Houses, that by reason of the indisposition of health of my Lord of Canterbury and Lord President, there is yet no report made to that House of his Majesty's answer yesterday. And if there be no report already made here, the Lords have appointed their committee to meet with the committee of this House, as often as cause shall be, to agree upon the report; and to begin this afternoon, at 2 of the clock, in the Painted Chamber.
[f. 27] Answer by the same messengers, with thanks for their Lordships' correspondence thus continued with this House: that no report yet made here, neither could, being a committee of both Houses. Like well of the course propounded, and will give meeting at the time and place propounded.
SIR EDWIN SANDYS delivers in the original of our reasons to the Lords.
Ordered, the same shall be fair written out, together with the addition, and kept for a memorial in this House; but no copy to be made thereof.
Resolved, the committee now to meet with the Lords may take notes and use them for giving the House the better information; and Sir Nathaniel Rich, Mr. Recorder, Sir Robert Phelips, Sir D[udley] Digges are specially appointed to do it.
SIR THOMAS ESTCOURT moves to search the East India ships for money.
L. 2a. An act against the exportation of wool, woolfells, woollen yarn, fuller's earth and fulling clay.
SIR A[RTHUR] INGRAM. Our wool and fuller's earth, make them beyond sea, make good cloth for all weathers. Blood here. This may be done by a servant without master's privity. To provide for innocency.
SIR EDWARD COKE. To have it added to anything to be made felony hereafter, that the party accused may produce his witnesses and have learned counsel for him.
SIR ROBERT HITCHAM. To have some time before it begin.
MR. COMPTROLLER. Rather a praemunire, forfeiture of ship, etc. than felony, because no benefit to anybody by it, so as no man will prosecute it.
SIR H[ENRY] ANDERSON. That the woolfells of his country will make no cloth but very coarse.
Committed to:
All that will come to have voice. Monday, Exchequer Chamber, 2 o'clock.
[House adjourned]
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 730; f. 35v]
Sabbati, 6 Martii
L. 1. An act to enable William, Earl of Hertford/
L. 1. An act for sale of sale of [sic] the lands of Thomas Cope, the father, and Thomas Cope, the son.
SIR DUDLEY DIGGES. A complaint against Sir Robert Mansell. Loath to come in, unless it be the pleasure of the House he shall, because this complaint against him. Called in.
L. 2. An act for repeal of a branch/
SIR EDWARD COKE. To have this bill committed, for a clause in the end that will concern 4 great counties of England. Makes them to be within the Marches of Wales.
SIR EDWIN SANDYS. Somewhat in this bill to be tenderly looked unto. More acts that put a personal trust in Hen. 8. To have a clause/
Committed to:
Tuesday, Star Chamber, 2 o'clock.
L. 3. An act for punishment of divers abuses committed on the Lord's Day, commonly called Sunday.
Upon question, passed for a law.
L. 3. An act to prevent and reform profane swearing and cursing.
Upon question, passed for a law.
L. 3. An act for the explanation of a branch of a statute made in the 3rd year of the King's Majesty's reign, entitled, An act for the better discovering and repressing of popish recusants.
Upon question, passed for a law.
L. 3. An act for limitation of actions, and for avoiding suits in law.
MR. [JOHN] GLANVILLE. This bill passed both Houses last time. One of the best bills in this House. One exception: goes to all courts in the country.
Upon question, passed for a law.
L. 3. An act to enable the subject to plead the general issue.
Upon question, passed for a law.
L. 3. An act for the ease of the subject, concerning informations upon penal statutes.
Upon question, passed for a law.
L. 3. An act for the naturalizing of Elizabeth Vere.
Upon question, passed for a law.
These 7 bills sent.
[f. 36v] A message from the Lords by Attorney [General] and Serjeant [Sir George] Croke. The Lords have sent this message: that they, desiring to continue that good correspondence that has hereto continued between both Houses, have thought fit to signify that, in regard of the indisposition of the Lord Canterbury and absence of Lord President, no report has been yet made to their House; and that if no report made to this House, to have the committees of both Houses to meet, that one and the same report may be made to both House[s]: to be continued so long, until the work be effected.
That the first meeting may be this afternoon, at 2 o'clock, Painted Chamber.
Answer: this House has taken into consideration this message. They desire to return thanks to their Lordships for their correspondence. Has been, nor could not be, any report yet made to this House. Our committees shall give meeting to their Lordships, at time and place appointed.
Sir Edward Coke sent away with these 7 bills to the Lords.
SIR EDWIN SANDYS. An order concerning the reasons of the treaties. 1. That [blank].
Delivers in the original of the reasons.
MR. [EDWARD] ALFORD. [Blank]
The same committee that attended the King to meet the Lords this afternoon. To have 3 or 4 to take notes.
Sir Nathaniel Rich, Mr. Recorder, Sir Robert Phelips, Sir Dudley Digges to take these notes at this conference, and to assist those that are to make the report with their notes.
[f. 37] SIR THOMAS ESTCOURT. To have a stay made of the East India ships, and to search how much money they have aboard.
MR. [ROBERT] BATEMAN. The ships already stayed, and no money in them as yet.
MR. [MAURICE] ABBOT. The sum not £40,000.
L. 2. An act against the exportation of wool, woolfells, fuller's earth and fulling clay.
Committed to:
All that come to have voice. Monday, 2 o'clock, Exchequer Chamber.
Sabbati, 6 Martii, post meridiem
Mr. Speaker, being here by special order of the House, to read the bill of repeal and continuance of statutes.
L. 1. An act for continuing and reviving of divers statutes and repeal of divers others.
[House adjourned]
III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
[p. 182]
Saturni, 6 Martii 1623
1. L. Bill d'inabler William, Earl de Hertford, et Sir Francis Seymour son frère de vendre terres pur paiment de detts.
1. L. Bill pur inable Thomas Cope le père et le fils de vendre terres pur paiment de detts.
2. L. Bill pur principalitie de Wales et repeal del branch del statute de 34 H. 8.
SIR EDWARD COKE. Pur committment de cest bill in regarde de 4 grande Englishe counties qui ne sont parcell del marches.
SIR EDWIN SANDYS. A mesme le purpoase; que le clause est personall.
Sur question, committee, touts les chivaliers et burgesses de Galles. Martis, in court de gards.
3. L. Bill versus offences committe sur le seignours jour called Sondaye. Ingross title est escrie del back side.
Quant est message par committee de ambideux Huises le report doit este par le comittee.
MR. [JOHN] PYM. Que devant le question pur passer, si passe devant, doit este examin.
Sur question, passe pur ley.
3. L. Ingrosse bill pur preventer prohane swearing et cursinge.
Sur question, passe pur ley.
[p. 183] 3. L. Bill pur explanacion de branch del statute de 3 Jacobi pur represser popsihe recusants.
Sur question, passe pur leye.
3. L. Bill pur limitacons d'actions et d'avoider suits in leye.
MR. [JOHN] GLANVILLE. Cest passe ambideux Huises le darreine cession.
Sur grande debate dit ore que cest bill extend al courts par querelam aut loquelam ci bien come par original breif et billam.
Sur question, cest paroll "pleinte" adde; pass pur ley.
3. L. Bill pur pleder le generall issue in informacion concernant de intrusion brought sur behalfe del Roy.
Sur question, passe pur leye.
3. L. Bill pur ease del subjectes touchante informacions sur penall leyes.
Sur question, passe pur leye.
3. L. Bill pur naturalizinge Elizabeth et Mary Vere, files de Sir Horace Vere.
Sur question, passe pur leye.
Message del seignours par Attornie Generall et Serjeante [Sir George] Croke. Par reason del indisposition del healthe del Lord de Canterbury et Lord Presidents absence null reporte uncor al Upper Huise et go est desire to meete les committees, and so often as cause, and firste this daye 2 o'clocke in Painted Chamber.
[p. 184] Response: thanks, and null reporte et gyve meetinge.
SIR EDWIN SANDYS deliver le copie del reasons deste record in le Huise, et l'addicion del Lord Canterbury et null copie deste deliver.
MR. [EDWARD] ALFORD. In regarde del committee, 4 deste appointe de presser noates et de faire reporte al cest Huise pur quil poet este debate icy si soit cause.
SIR THOMAS ESTCOURT. Pur staie de East India shipps in quil sont 40 chests de monie.
Nest in le poier del Huise; sont stayed par le Lord Admirall. Mr. Bateman [sic]. Quel somme est prepare pur cest voyage? Respond: [£]30,000.
MR. [ROBERT] BATEMAN. Nest £40,000.
[MR. MAURICE] ABBOT. Fait larg relacon.
2. L. Bill versus exportacion de wooll, woollen yarne, woollfelles, fuller's earth et fullinge claie.
SIR EDWARD COKE et/
IV. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
[f. 93]
Saturday, the 6th of March
SIR DUDLEY DIGGES motioned that whereas Sir Robert Mansell, upon the complaint made against him for his glasses at the committee of grievances, did in modesty forbear the House to know whether the House would admit him or no, which they did.
The bill against bear-baiting, plays, etc., on Sundays. Engrossed and passed.
To take place within 40 days after the session, the forfeiture 3s. 4d. to the poor.
A bill to cut off the entail of my Lord of Hertford's land made to Sir Francis Seymour, his brother, Sir Edward Seymour, Sir John Seymour, etc., and to sell their lands.
The bill against swearing and cursing. Engrossed and passed.
If above 12 and pay not the 12d., to be stocked 3 hours; if under, whipped.
An act for explanation of an act made the third of the King of discovering and repressing recusants, whereby those papists that put over 2 parts of their lands in trust, these trusts shall be made void; and if the feoffees come not in within 3 months to deliver their trusts, they shall forfeit a full year's value of those trusts, whereof the discoverer shall have half.
An act for limitation of actions and avoiding suits in law. Engrossed and passed.
Upon [MR. JOHN] GLANVILLE'S motion, the word "pliant" was interlined in this act. And so the bill passed.
An act to admit the subject to plead the general issues upon information of intrusion. Engrossed and passed.
An act for the ease of the subject concerning information upon penal laws. Engrossed and passed.
An act for the naturalizing 2 of Sir Horace Vere's daughters, Elizabeth and Mary. Engrossed and passed.
A message from the Lords by the Attorney [General] and Serjeant [Sir George] Croke. The effect: that the Lords were willing to continue the correspondence between the Houses, and because of [f. 93v] the indisposition of my Lord of Canterbury and absence of the [Lord] President there was no report made to them, and if none made also to our House they desire a meeting of the committees of both Houses, to meet this afternoon in the Painted Chamber to confer of the report of the King's speech.
And so a meeting was agreed. Sir Nathaniel Rich, the Recorder, Sir Dudley Digges and Sir Robert Phelips were appointed to take notes at this committee.
It was moved by SIR EDWARD SEYMOUR [sic] to have the East India ships searched and their books of accounts viewed, being reported they had 40 chests full of silver aboard.
It was answered the Lord Admiral had stayed the ships.
That the sum of money aboard was not above £40,000, for which they may bring into England £400,000 in goods. There is linens brought yearly into England for £500,000.
MR. [EDWARD] ALFORD moved to call [Mr. Martin] Bond, burgess for London, to the bar for whispering his partner, [Mr. Robert] Bateman, in the ear when the House called him up to give account what moneys were in the East India ships.
An act against the transportation of woollen cloth, the 2nd reading.
V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
[f. 25]
[6 March 1624]
2 private bills read, one to sell another's lands who had mortgaged to divers purchased in others names, to have commission to sell.
Bill for Sabbath and abuses thereon. Sent up, after engrossed and questioned for passing.
The bill for cursing and swearing. Engrossed, questioned, passed.
Bill for recusants' disabling to have profit of their lands. Questioned, engrossed, passed.
Bill for limitation of actions. Engrossed, questioned, amended in the word "plaint" added and passed.
Bill [for] informations of intrusion. Engrossed, questioned, passed.
[f. 25v] Bill for informations in proper county. Engrossed, read, questioned, passed.
Sir Horace Vere's bill. Read, questioned, passed.
VI. DIARY OF SIR NATHANIEL RICH, BL, ADD. MS 46,191
[f. 4v]
Saturday, 6 March 1623
SIR EDWARD COKE. Well doing is well taken if well told.
Bills passed this day.
1. For better keeping the Lord's Day, which passed both Houses last time.
2. Against profane swearing and cursing. Both Houses last time.
3. For explaining and better execution of some part of the statute of 3 Jac. against popish recusants. Both Houses last time. All leases, etc. made to the use of recusants to be void.
4. An act for limitation of actions, etc. Formedons to be brought within xx years. This bill passed both Houses.
MR. [JOHN] GLANVILLE speaks to this bill. Remembers that exceptions were taken and he takes one now. This bill goes to all courts.
Mr. [John] Glanville is called up to put in the word "plaint" in due place, which word was twice read, then ordered to be put in. And so the bill put to the question to pass as a law.
5. Upon information of intrusion on the part of the King, the subject to plead the general issue of (not guilty) and to keep the possession.
6. An act for ease of the subject concerning informations on penal laws. This passed both Houses [illegible] passed both Houses [sic].
7. An act of naturalizing 2 daughters of Sir Horace Vere, Elizabeth and Mary.
A message from the Lords by Mr. Attorney [General] and Sir G[eorge] Croke. That their Lordships desiring to continue their good correspondency, then let us know that by reason of sickness of the Archbishop, absence of the Lord [President] no report yet made of the King's answer unto that House. Therefore, they desire that the committee of both Houses which heard the King's answer may meet and upon conference set down the King's answer that so there may be one uniform answer, not to vary. Desire the first meeting at 2 o'clock this afternoon in the Painted Chamber.
Answer: return them thanks for their correspondency. There has yet been no report in our House. They like of the course propounded and will give meeting accordingly at time and place.
[f. 3v] At a conference with the Lords, Saturday afternoon.
Lord Archbishop. Meet to compare notes.
VII. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
[f. 100]
5 [sic] March
6 [sic] bills were sent up to Lords.
VIII. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
[f. 53v]
Saturday, 60 Marti 1623
An act to enable William, Earl of Hertford, and Sir Francis Seymour, kt., to sell certain manors and lands for the payment of debts and to establish certain other lands in lieu thereof. 2. L. Committed. r. p.
An act for sale of the lands of Thomas Cope and Thomas Cope, the son, to the intent the money raised thereby may be distributed for the payment of their creditors. 1. L. and 2. L. Committed. r. p. [sic]
It is ordered by the motion of SIR D[UDLEY] DIGGES that Sir Robert Mansell, a member of this House, shall come into this House and sit here, notwithstanding the complaint made against the patent of glasses whereof he is a patentee.
An act for the repeal of the branch of a statute [f. 54] made 34 H. 8, entitled, An act for the making of ordinances in the principality of Wales. r. p.
SIR EDWIN SANDYS says that that act of 34 H. 8 was a personal act and the Parliament did repose trust in the person of H. 8. He would have a care taken that by this bill, the 4 shires of Shropshire, Herefordshire, Gloucestershire and Worcestershire be not prejudiced nor accounted as part of the principality of Wales.
It is an order of the House that when both Houses join in a message to the King, there must be a report made to a committee of both Houses, and from such a committee a report is to be made to our House.
An act for punishment of diverse abuses committed on the Lord's Day, called Sunday. 3. L., after engrossment. Le Roi s'avisera. This bill is now passed our House.
An act against the profane swearing and cursing. That this bill is to continue until the first sessions [sic] of the next Parliament. 3. L. This bill is now passed our House. r. p.
An act for the ex[p]laining of a statute made in 3 Jac., entitled, An act for the better discovering and repressing of popish recusants. Le Roi s'avisera. This bill is now (at the 3rd reading) passed our House.
An act for the limitation of actions and avoiding of suits in law. 3. L. This bill is now passed our House, one word (pliant) being added. r. p. [f. 54v] Now is the engrossed bill at the passing.
An act to admit the subject to plead the general issue upon informations of intrusion brought on the behalf of the King, and to retain possession until trial. 3. L. This bill of grace is now passed our House. r. p.
An act for the ease of the subject concerning informations upon penal statutes. 3. L., after engrossment. This bill is now passed our House. r. p.
An act for the naturalizing of Elizabeth Vere and Mary Vere, daughters of Sir Horace Vere, kt. 3. L. This bill is now passed this House.
Message from the Lords, signifying that the Lords desiring continuance of the good correspondency with this House, and send this message that by reason of the indisposition of health of the Lord Canterbury and the absence of the Lord President, there has been no report made to that House as yet of the King's answer to the message yesterday from both Houses, and if there has been no report yet made in this House, then their Lordships desire that the committee of this House that went to the King yesterday may meet with the committee of their House and be continued until they shall have considered of a report to be made to both Houses, and the [f. 55] committee to meet first this afternoon in the Painted Chamber.
Our answer is that we embrace the correspondency with thanks, and that our committee shall meet as it is desired and in the time and place desired.
It is ordered that these 7 bills now last read and passed this House at the third reading shall be sent to the Lords, and messengers accordingly are sent away with them.
It is ordered that 4 of the committee that are appointed to meet with the Lords to make report of that conference.
SIR THOMAS ESTCOURT says that in the 4 ships that were provided and ready to go to the East Indies, there are (as he is informed) 40 chests of money in them, and therefore he would that order may be given to search those ships that the money may be stayed.
MR. [ROBERT] BATEMAN says that the money that is to go in these ships is in the East India house; and, being demanded how much money is provided to be sent in those ships, says there is above £30,000.
MR. [MAURICE] ABBOT, treasurer of the East India Company, says that there is not provided to be sent £40,000 in those ships. That that company is obliged, under pain of a praemunire, not to exceed a certain sum allowed by the King and therefore they dare not exceed that prefixed sum.
[f. 55v] This business concerning the East India exportation of money is let fall without ordering.
An act against the exportation of wool, woolfell[s], woollen yarn, fuller's earth and fuller's clay. 2. L. Dormit Lords.
SIR EDWARD COKE would have in this bill, and in all others that touch upon blood, a clause put in that it shall be lawful for an offender against this statute to examine witnesses and have counsel allowed to plead for his offence.
MR. COMPTROLLER SUCKLING would not have the penalty of this statute to be death, but the incurring of a praemunire and imprisonment during life without bail or mainprize, for when the penalty draws blood, men will be tender in how they inform against offenders.
MR. [EDWARD] ALFORD says that the ancient order of Parliament is that every bill at the second reading should be debated here in the House at large, and then it was committed and 8 of the House or more were appointed to collect and set down the debates in the House and consider thereof in the mending of the bill. He desires that as soon as a bill is spoken against, it may not be presently committed but that first it may be here debated thoroughly. He would have this law made to meet with strangers, who help our merchants to transport these commodities, as well as Englishmen, and will speak more against it at the committee.
[f. 56] This bill is committed and everyone that will come is to have voice at the committee.
IX. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
[p. 91]
Saturday, the 6th of March
An act to enable the Earl of Hertford and Sir Francis Seymour to sell land. First read.
An act to enable Thomas Cope and his son to sell land.
An act for Wales. Second reading, against which SIR EDWARD COKE excepts as fearing it may prejudice the 4 English counties. It is committed.
The bills that were this week ordered to be engrossed are now the last time read and passed.
An act for the Sabbath, called the Lord's Day, passed the Lower House this day.
And an act against swearing and cursing.
And an act concerning the explanation of a branch of a former statute concerning recusants' lands, etc.
And an act for limitation of actions and avoiding suits in law.
And an act to admit the subject to plead the general issue of not guilty upon intrusions, etc.
And an act against informations upon penal laws.
And an act for naturalizing Sir Horatio [sic] Vere's 2 daughters.
A message came for the Lords, brought by the Attorney [General] and Serjeant [Sir George] Croke, concerning a committee to confer about the King's speech at Theobalds in answer to the advice presented him from both Houses. It is granted, time and place appointed.
One informs that the East Indian fleet of 4 great ships and a pinnace is now ready to go out of the Thames and that they have aboard 40 chests of coin to carry out, whereupon MR. [ROBERT] BATEMAN, a burgess for London and treasurer of that company, is examined by the House, who answers there is yet none aboard and that they have in the treasury, which is intended to go, but [£]30,000 or thereabouts.
But MR. [MAURICE] ABBOT, one of the House and one of the same company, [p. 92] affirms that it is not intended to send £40,000, and that the East Indian [sic] Company, when it was in the swaddling clothes, had then need of apologies and defenders, but now being grown to this age it is able in the justice of her own actions to defend herself. Offers the House to bring the books of accounts, to examine their servants and to see all their accounts, to give satisfaction that they never exceeded the sum that by patent is allowed them. That the company trading there are no prejudice to the land for exportation of coin, for that whereas their return is annually £400,000 value of commodities and that our land spends of that but £100,000, the rest they sell in other parts, and with it bring in either ready money or such necessary commodities as this kingdom cannot want from other foreign parts; that much gold is brought in by this trade.
The House ordered that some should acquaint the Lords of the Council with this, both for the search for the money and for the stay of the ships, because of the present occasion if need should require. They were stayed a while.
An act read against transporting of wool, woolfells, yarn made of wool, fuller's earth, etc. It is committed.
X. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932
[f. 34]
6 March
An act to enable William, Earl of Hertford, and Sir Francis Seymour to make sale of certain manors and lands for the payment of debt and settle more lands.
An act for the sale of lands of Thomas Cope of Warwickshire, the father and son, gentlemen, to the intent to pay debts.
Second read. Committed. An act of certain ordinances in the King's dominion of Wales, for repeal of a branch 34 H. 8 for altering of laws. Tuesday, Star Chamber.
[f. 34v] An act for punishing diverse abuses on the Lord's Day, called Sunday. Engrossed and sent up to the Lords.
No meeting out of the parish for any sport, 3s. 4d. forfeiture, the one justice to give judgement within one month upon the testimony of one witness or confession; for want of levying, to be set 3 hours in the stocks.
An act to prevent and reform all profane swearing and cursing. Engrossed and sent up.
Upon ministering of an oath by a justice of the peace, by testimony of 2 witnesses, the party offending to pay 12d.; if he be not able, to sit three hours; if the party be under xii years, then he or she shall be whipped. This to be read twice in the year, on Sunday in the afternoon in the church by the minister. The forfeiture to the poor, the conviction to be within xx days.
An act for explaining branch of a statute made 30 Jac., entitled, An act for the better discovery of and repressing popish recusants. Engrossed and sent up.
That all leases made in trust of 2 parts of land to the use of the recusant to be void; husband, wife and children to take no profit; and all former leases of 2 parts to be void and in the actual possession of the King. The feoffees not discovering the trust within a [sic] 3 months, then they should lose a year's profit, [f. 35] and the party informing the moiety. Proviso not to prejudice the leases bona fide.
An act for limitation of actions and avoiding suits in law. Engrossed and sent up to the Lords.
Within xx years, suit to be brought; after the age of xxi years, feme covert; within x years, suit to be brought, action [on the] case, account, trespass. Within 3 years after Parliament for words, within 2 years for actions of trespass, account, case; if it be by verbi, shall plead a tender or offer, which if he deny it he shall lose costs. For words, if the damage be under forty shillings, that there shall not be an increase of damages.
Engrossed and sent up. An act to admit the subject to plead the general issue in information of intrusion in the behalf of his Majesty and to keep possession, the King not taking notice of intrusion within xx years, to plead the general issue and not enforced to plead specialty, and keep possession where a scire facias may be brought.
An act for the ease of the subject concerning informations upon penal statutes. Engrossed and sent up.
That all offences committed where a common informer may ground any popular action shall be tried at the assize of sessions in the same county. That all suits by the Attorney [General] or other shall be void than thus in the county where the offence committed. [f. 35v] If the informer does not prove it, the defendant shall not be found guilty. That the informer take an oath there to be entered of record that the offence was committed in the same county and that he thinks in his conscience within a year. That the defendant shall plead the general issue not guilty and may plead special [blank], excepting the information against recusants, buying titles, poundage, etc.
Engrossed and sent up. An act for naturalizing Elizabeth Vere and Mary Vere, the daughters of Sir Horace Vere.
Message from the Lords, Attorney [General], Serjeant [Sir George] Croke: that their Lordships desiring the continuance of the correspondency, in respect of the indisposition of health in the Lord Archbishop and absence of the Lord President, if no report be already made, it is thought fit that committees of either House meet to continue so long until the work be effected and to begin the meeting this afternoon at 2 of the clock in the Painted Chamber.
The answer to the message: that the House gives thanks to the Lords for their correspondency. None have made any report here because it was a committee of both Houses, and they will meet at the time and place this afternoon.
The bills sent up.
[f. 36] It is ordered that [Sir Nathaniel] Rich, Recorder, [Sir Dudley] Digges, [Sir Edwin] Sandys [blank] shall make the report.
SIR THOMAS ESTCOURT. That the East Indies ships may be stayed and the money in the ships stayed, for it is reported that there be many chest of money. [Blank]
MR. [ROBERT] BATEMAN. That there is money provided and more to be provided; and that the sum to be provided is above £30,000. [Blank]
[MR. MAURICE] ABBOT. The sum to go is not full £40,000. A certain sum is licensed. For the view of our books, they be in many hands. If we do otherwise, then we should run into a praemunire. They may bring in goods to England £400,000 and the licence but [£]100,000. [Blank]
[f. 36v] An act against transporting wool, woolfells, woollen yarn, fuller's earth and fuller's clay.
None shall export wool et alia aforesaid out of the kingdom upon pain of felony, and every horse that does carry any of the aforesaid thing, nor servant, nor master of ship knowing it, shall be felons without clergy. Any baron to be tried by peers. Nor any forfeiture of goods or corruption of blood. Nor to touch such as carry lam[b] skins nor wool upon the sheep's backs, nor that formerly usual for gunners except Guernsey and some other particular places for 900 tod.
[SIR EDWARD] COKE moves that the delinquent may have his witnesses examined upon oath and have counsel allowed them.
XI. DIARY OF RICHARD DYOTT, STAFFORDSHIRE RECORD OFFICE, MS D661/11/1/2
[f. 6]
March 6
[f. 6v] [?would] not have those 4 counties subject to the absolute power of [?2 words illegible] but to judges
[f. 7] What is done by a committee of both Houses must be reported to a committee of both Houses. And then severally to the Houses.
Bill for the punishment of diverse abuses [several words illegible], commonly called Sunday. Passed. It passed both Houses before.
The title of a bill [?engrossed] [?2 words illegible] upon the back of the bill.
Bill to prevent [?and] reform profane swearing and cursing. Passed. [Illegible] passed both Houses.
Bill for explanation of a branch [1 line illegible] for the better discovery and repressing of popish recusants. It passed both Houses before. Passed.
[f. 8] Bill for the limitation of actions [?and] avoiding of suits in law. [?Passed.] This bill passed both Houses the last Parliament.
[MR. JOHN] GLANVILLE moved that "plaint" might be put in to comprehend suits in inferior courts [remainder of line illegible].
[?4 words illegible] [?Glanville] came up to the table to amend it. The amendment must be [?thrice] read together [?and] [remainder of this and following line illegible].
Bill to admit subject to plead general [?2 words illegible] informations of intrusion brought in behalf of his Majesty to retain his possession until trial. Passed.
Bill for ease of subject concerning informations upon penal statutes. It passed both Houses last Parliament.
[f. 8v] That all offences against penal statutes which determinable before justice of as[size] and p[eace] or within corporate towns shall be informed of there. [?Fit] declaration informers shall be [remainder of line illegible] committed else defendant to be found not guilty. Informers shall take a corporal oath that not [remainder of line illegible]
Defendants may plead [?general] issue against bill or information provided not to extend to recusants, maintenance, champerty, buying of titles.
[Illegible] of subsidy granted [f. 9] of poundage. Prisage, wool, woolfells, powder, ordnance transported, coin etc. concealing custom etc.
Bill for the naturalizing of 2 daughters of [1 line illegible] Mary.
The bills were presently [illegible].
Message by Attorney [General], Serjeant [Sir George] Croke that [illegible] Lords desiring continuance of correspondencey signify that no report to their House of the message to the King by reason of Archbishop's indisposition of health, absence of Lord President; but think fit that a committee of this House to meet with a committee of their House if no report to this House. [f. 10] To make the report and confer together until the business be effected, if it may stand with the conveniency and good liking of this House.
Answer: they give thanks for correspondency. Have had no report of the message. Will give their Lordships meeting.
An order was made that the originals of the reasons of both Houses should remain with the [?muniments] of this House [illegible] that no copies should be delivered out.
Order, that some of the committee should take notes at the conference with Lords about this great business lest should be difference between the committees. And that 4 particular should take notes.
[f. 11] Money the mother and daughter of trade.
Order, that the East Indies/
Moved that the East Indies ships may be searched for chests of money.
Answer: let us not do what we cannot warrant. This concerns not the liberties of the House. The ships are under arrest by the Lords, and thereof not to meddle.
[MR. MAURICE] ABBOT. Bring[s] in commodities of great value that we [illegible] not here, but fetch commodities [illegible] £400,000 in bullion per annum. That company is the nursery of treasure here.
Bill against transportation of wool, woolfells, fulling [sic] earth, etc.
Other countries have excellent wool, but not so good for all weathers, not for foul. Fuller's earth amends their wool, the mixture of [?our] [f. 12] wool with theirs, makes theirs to serve the turn.
Motion that the penalty might not be so sharp in respect that every man will not prosecute an offender for his life. A praemunire better.
MR. [MAURICE] ABBOT spoke of the exportation of much foreign commodities, but [MR. WILLIAM] NYELL had rather have heard him tell of cloth exported by East Indies.
[MR. EDWARD] ALFORD. Every man ought to be heard at full at the second reading of a bill; must not be put over to the committee, for who knows whether the person that would speak shall be of that committee. And committee ought to take all points into consideration.
[f. 13] Debated in the House.
[MR. JOHN] GLANVILLE. The offence so great, so prejudicial to the commonwealth, that no punishment too sharp. Yet would have him allowed witnesses, counsel, that is indicted.
There were 2 causes why some parts of the north were exempted: because those their ground then lay more waste was not so well manured, and their wool was exceeding course. If it should be permitted now, those parts would be but a back door and that law frustrated.
[MR. EDWARD] ALFORD moved for seizures of wool in creeks and upon cliffs. They bundle it down the cliffs and foreign ships fetch it. Would have punishment for them that [?carry it].
[f. 14] A committee in one place may adjourn itself into another.
All that come to have voices at this committee.
[Afternoon, conference with the Lords]
Archbishop [of Canterbury]. We are met to perfect our notes, but nothing to be taken until done.
My Lords and gentlemen, I have cause to thank God with all faculties that [?the] speech taken in Parliament had so good success. Thank you that given advise in great business, but more especially when some would have cast jealousies [?and] quelled it.
You'll give me leave as an old king to propound doubts, then after to give answer. A peaceable King: rex pacificus. [f. 15] So far from nature. [Illegible] as said of women malum necessarium.
I must [illegible] have a treaty now in hand [illegible] greater hope [illegible] Palatinate since Parliament sat down than before. But not such a king as ask advice and put such a scorn [illegible] as disdains. As king in gospel. If a king make war, he must [illegible] [?how] go through. Bring it to end with [?honour].
[f. 16] As Moses [illegible] see land [illegible] otherwise die with heavy heart. Said last Parliament I desire not a furrow of land. But let me acquaint you from consultation between king and people. Seek by blood that can have by p[eace], but if may see what may be done my own necessities. Least help of Parliament.
Charge increased by son's [illegible]. [f. 17] I owe to King of Denmark. [?Blank]
The Princes of Germany poor. Ireland a back door fit to be secured.
My children eat no bread but of my [?charity]. My navy in good estate but before put out to [illegible]. My customs will abate if war.
A subsidy takes a great time. If by subsidy, must take it up beforehand. I thank you for advice. I pray you think of these things. [f. 18] [?Blank] You shall dispose of your own, I say, not this that should [blank]. None money that given for these purposes but issued by you.
And I promise in verbo regio that though war and p[eace] [blank] prerogatives [blank] not treat nor accept of p[eace] you not advise.
It comforts me that not a contrary voice among you. [f. 19] Septuagint in diverse places yet agreed. Open hearts make open purses. States not subsist unless I help them.
Shall love Parliaments, call them often. Not embroil me in war but assist. Best to have it without effusion of blood.
My resolution shall follow your advice.
XII. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
[f. 20]
6 Martii 1623
An act to enable the Earl of Hertford and Sir Francis Seymour for the sale of divers lands.
An act for the sale of the lands of Thomas Cope, the father, and [blank] Cope, the son, for the payment of their debts.
An act for repeal of the branch of the statute 24 [sic] H. 8 concerning the dominion of Wales.
SIR EDWARD COKE. That clause extended only to H. 8 and the repeal is but in maiorem cautionem. The words are "sovereign lord, the King", declare a personal trust in him.
It was added by SIR EDWIN SANDYS that it would be good some words were inserted into this bill expressing our opinion that this was but a personal trust and extended not to successors, lest it may prejudice others in the same case.
Committed.
An act for punishing divers abuses committed upon the Lord's Day, commonly called Sunday. Passed.
An act for explanation of the statute 4 Jacobi, entitled, [f. 20v] An act for better discovery and repressing of popish recusants. Passed.
An act for limitation of actions and avoiding suits in law.
MR. [JOHN] GLANVILLE. The courts at Westminster proceed either upon brief or bill, in the inferior courts super loquetum et querellam; as the law is now penned, it does not extend to the latter sort of suits, and therefore he desired it might be amended.
The word "plaint" was inserted by order and the bill passed.
An act to enable the subjects to plead the general issue upon information of intrusion. Passed.
An act for ease of the subjects in informations upon penal laws. Passed.
An act for the naturalization of Elizabeth and Mary Vere, daughters of Sir Horace Vere, knight. Passed.
A message came from the Lords, whereby it was signified that by reason of my Lord Archbishop's indisposition and the absence of the Prince, they had yet had no report of the King's speech, and desired that those committees of both Houses which attended might meet together and agree upon a report.
It was informed that great quantity of money was carried aboard the ships which were ready to go for the East Indies. Whereupon Mr. [Maurice] Abbot and Mr. [Robert] Bateman were commanded to speak their knowledge in that matter.
MR. [ROBERT] BATEMAN. That no money was yet shipped, but a good sum was provided, yet no more than was entered the Custom House and known to his Majesty.
MR. [MAURICE] ABBOT. That trade was to England a nursery of treasure. The[y] brought in £400,000 in goods more than they carried out or were spent in the kingdom, whereof in raw silks a great quantity, in calicoes £200,000 pieces, whereof there were not above 120,000 employed here, the rest was transported. That he himself had brought in [of] late £60 weight in gold. The kingdom spent at least £500,000 per annum in linens, a great part whereof will be saved by the uttering of calicoes.
An act against the transportation of wool, woolfells, woollen yarn and fuller's earth.
Because the law was capital, these cautions were desired:
- 1. That instead of the word "directly" or "indirectly" might be put in this word, "knowingly".
- 2. The defendant to have counsel allowed and witnesses sworn.
- 3. A future day certain to be appointed when it shall commence, lest some be taken in a trap.
[f. 21] It was desired for Northumberland, Cumberland, Westmorland, etc., where the wools were of a low staple, that when the King had 40s. for other wools theirs were at xs. a sack, that they might be excepted, the countries being much impoverished since there was a restraint.
But it was answered that this had been often offered and rejected. Their wools were now finer than heretofore, and if that liberty should be given it would be a starting hole for others to creep out at.
Committed.
XIII. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
[f. 55v]
Saturday, 6th of March
Bill for repealing of a branch of a statute made 34 H. 8 concerning Wales. Second read. Committed.
SIR EDWARD COKE. First, to consider of this in respect that there may be doubts whether this may not draw in the four shires bordering to be under the President of the Marches. This is but a personal act, the words are "the said king".
Bill for punishing divers abuses on the Lord's Day, called Sunday. Passed the House.
Bill to prevent and reform profane swearing and cursing. Passed the House.
Bill for explanation of the statute 3 Jac. concerning discovery and repressing popish recusants. Passed.
Bill for limitation of actions and avoiding suits in law. Passed.
Bill to enable the subject to plead the general issue in cases of intrusion.
Bill for ease of the subject concerning informations upon penal statutes. Passed.
Bill for naturalizing 2 daughters of Sir Horace Vere. Passed.
[f. 56] A message from the Lords: their Lordships desiring to continue the good correspondency begin, etc., signify that by reason of the indisposition of the Lord Archbishop and the absence of the Lord President, no report can yet conveniently be made. If no report be yet made to this House, then the committee of both Houses to meet. And they desire the said committees may meet as often as shall be thought convenient, the first meeting to be this afternoon.
Answer returned: the House approved the course their Lordships, etc., and the committees should meet according to appointment.
The bills that were passed sent up.
The House was informed that there were divers chests of money aboard the East India ships.
Answer was made that there were none in the ships but at the East India house, and that not £40,000.
MR. [MAURICE] ABBOT showed £400,000 in commodities by them imported, for which there goes not out above £100,000. £140,000 worth of these does suffice the kingdom, the rest do help to balance trade and save so much money going out of the kingdom. Some hope in time of bringing in so many calicoes [f. 56v] as may serve a great part of the kingdom. Now there goes out of the kingdom for linen £500,000 per annum at least.
Bill against transportation of wool, woollen yarn, fuller's earth and fuller's clay. Second read. Committed.
SIR EDWARD COKE. Fit to allow the person to be charged with the felony to have his witness sworn upon oath, and to have his counsel.
XIV. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
[f. 24]
[6 March 1624]
The committees of both Houses, being 24 of the Upper House and 48 of the Lower [sic], went to his Majesty to Theobalds, 6 [sic] March, being Saturday [sic], 1623, and there by the Archbishop of Canterbury presented their advice for the breach of the two treaties.
His Majesty's answer to the committees of both the Houses of Parliament upon presenting their advice unto him about the treaties, which their advice was to break off, at Theobalds, 60 [sic] Martii 1623.
[f. 73] 6 March, Saturday
A private bill about the sale of some lands of the Earl of Hertford.
Another [bill] for the sale of the lands of Thomas Cope, the father, and Thomas Cope, the son, in the county of Warwick.
The bill of Wales. An act to repeal a branch of the statute made January 24, anno 340 Henrici 8vi, which gives the King power to alter their laws.
It was judged to be but a personal act of Henry 8 because it runs not to him and his successors, yet it was committed lest it should draw in the 4 English shires bordering upon Wales to be ruled by the Lord President of the Council of Wales.
The bill for the observation of the Sabbath.
The bill against swearing.
The bill of explanation of Jacobi 3 against recusants.
The bill of limitation of action[s] and avoiding suits in law.
The bill to enable the subject to plead the general issue.
[f. 73v] The bill about information of penal laws and statutes.
The bill for the naturalizing of 2 of Sir Horatio [sic] Vere's daughters.
A message from the Lords for the committee of both Houses to meet and confer their notes to report the same uniform answer of his Majesty to both Houses.
A motion to search the East Indie[s] ships, lately stayed, of that money they carried out, and to search their books.
It was confessed these carried out £40,000 in money. The main return of the trade yearly was £400,000 in commodities, whereof England vents between £130,000 or £140,000. The rest, say they, accrues as a benefit to the kingdom.
[Afternoon]
An act for the continuance of some statutes and the repeals of others.