‘An excellent orator, a great lawyer, and an ornament to his profession’, Glanville was born at Tavistock. According to an anecdote attributable to his pupil Matthew Hale†, his father John designated him as his heir, in preference to his elder brother Francis*, but once in possession of this inheritance Glanville chose to renounce it. However, as Francis was acknowledged as heir by the Crown while both brothers were still minors, the story’s accuracy may be doubted. The farm and two old houses at Tavistock that Glanville owned subsequently perhaps represented a smaller patrimony.
Godolphin died before the 1614 general election, but Glanville obtained a seat at Liskeard on his own account. He was joined at Westminster by his brother Francis. The records of this assembly rarely distinguish between the two men, but in subsequent Parliaments Glanville greatly outshone his elder sibling, and he seems to have done so on this occasion. Appointed by full name to legislative committees to consider extortions by customs officials, and the personal estates of Sir Edward Herne and Sir Robert Wroth (20 and 25 May), he was presumably also nominated to two other private bill committees relating to a Chancery decree and a Crown grant. A fifth, to which he was named as a Cornish burgess, concerned the lands of his kinsman Sir Warwick Hele*, and having called on 17 May for this measure to be committed, he reported it to the House seven days later. Always a willing advocate of West Country concerns, it was most likely he who spoke on 21 May in favour of the bill for a new pier at Axmouth, Devon, a measure which he supported partly because its promoter, Sir Walter Earle*, had resorted to Parliament rather than to patent. A speech on 19 May observing that Chancery did not concern itself with actions of £10 or less is certainly attributable to him, which means that he was also added that day to the committee for the small debts bill.
It is unclear which Glanville brother called on 7 May for the Sabbath observance bill to include a clause on football. However, more overtly political and constitutional issues were almost invariably the preserve of this Member. A speech on 10 May agreeing that Sir Thomas Parry* should come to the bar of the House to explain his involvement in the Stockbridge election was probably his first venture into the realm of parliamentary procedure. Much more controversially, on 23 May he questioned the legality of James I’s new order of baronets, arguing that all estates of inheritance must be tied to specific properties, and he was named to the committee to examine a petition on the subject.
Glanville was employed by Plymouth corporation as early as 1615, securing a retainer two years later and replacing Sir William Strode* as recorder in 1620. However, he also started to make his mark in London, and was reported as counsel in King’s Bench in 1617. In the following year he was granted in reversion the prothonotaryship of Chancery, which in due course he would execute in trust for the widow of Sir George Carew II*. Although he probably owed this appointment to his kinsman Sir Francis Godolphin*, one of the current holders, his selection again bore testimony to his growing reputation in the West Country.
Glanville secured a seat at Plymouth in the 1620 general election, despite competition from Edward Salter*, the nominee of Prince Charles’s Council, and indeed he represented the borough in Parliament throughout the following decade.
Compared with many lawyers in the House, Glanville took relatively little interest in private legislation. He was the first Member named to the committee stage of the bill to confirm a Suffolk manor to Thomas Waller (27 Apr.), and was a teller for the noes on 29 May, when the Commons voted on whether to continue with a bill promoted by the earl of Holdernesse. However, his principal concern was again the measure to allow Sir Warwick Hele to make leases. Having spoken in the bill’s favour on 28 Feb., he chaired the committee, but the legislation was controversial, as it offered greater security to Hele’s tenants at the expense of his heirs’ rights, and Glanville twice reported the bill before the House agreed to have it engrossed (10 and 26 March). It failed to secure a third reading.
In a sense the Hele bill was an extension of Glanville’s interest in West Country issues. Many of the economic issues which drew his attention related to Devon and the neighbouring counties. On 28 Feb. he expressed concern that the bill for duchy of Cornwall leases failed to allow for periods when there was no duke. He chaired the legislative committees concerned with the manufacture of wool-cards and the transportation of Welsh butter, which he reported on 26 Mar., 27 Apr. and 28 May. He was also once again named to the committee stage of the bill against exactions of customs officials, a Plymouth priority given the abuses committed there by James Bagg I*.
Glanville’s opposition to the New England Company’s behaviour was just one example of his entrenched hostility to patentees in general. During his lengthy speech of 6 Feb. on the likely causes of the prevailing shortage of coin, he homed in on the activities of the East India Company, which he accused of diverting bullion for its own advantage. Returning to the attack on 26 Feb. he called for Members who also belonged to the Company to declare their interest, and the next day urged that the patent be brought in for inspection.
Such fixations notwithstanding, Glanville was becoming an adept Commons performer. On 26 Mar. he and Sir Peter Frescheville rose together to speak, and when Noye took offence at the Speaker’s humorous reaction, Glanville defused the situation with ‘a very modest and discreet speech’. While apparently unconcerned by the religious implications of Thomas Sheppard’s attack on the Sabbath observance bill on 16 Feb., he recognized that this ‘general invective’ had caused deep offence to the House, and called for the offender’s expulsion. Beyond the dynamics of debate, he also pondered upon the role of the Commons. Keen to see redress of grievances, he argued on 21 Feb. that Members should consider every petition of complaint submitted to them, regardless of its apparent significance. He evidently attached great importance to the successful passage of legislation. Anxious that early discussion of supply should not result in the session ending before other bills had been passed (5 and 7 Mar.), he was named on 26 Apr. to the committee to order the Commons’ agenda. News on 28 May of the imminent adjournment again spurred him into action, not least because he had not yet reported the bills on fishing tithes and wool-cards, and he sought in vain for an orderly strategy to complete as much business as possible.
Given these concerns, it was predictable that Glanville would also take an interest in matters of privilege. Following an observation on 7 Feb. about the Gatton election, he was added the next day to the committee for privileges. He was also appointed to help consider the legality of Members swearing the oaths of supremacy and allegiance twice in the same Parliament, and to draft a bill to regulate elections (9 Feb., 10 March). In general Glanville took a high view of the Commons’ rights. One of the Members named on 23 Apr. to draft the arrest warrant for Sir John Bennet*, he insisted that the House could force sheriffs to execute it, on pain of imprisonment in the Tower: ‘and, if there be no precedent, to make a precedent’.
During the recess Francis Glanville received a knighthood, and thereafter the two brothers are clearly distinguishable in the parliamentary records. Glanville himself was no less prominent in the second sitting than he had been in the first, making 20 speeches and receiving two committee nominations. As soon as the House reassembled on 20 Nov., he urged haste with the uncompleted bill for free fishing, since Sir Ferdinando Gorges had procured an order from the Privy Council to prevent the Dartmouth fishing fleet from sailing to America. In the bill’s third reading debate on 1 Dec., Glanville made no attempt to hide his prejudices. When John Guy spoke up in support of the Newfoundland plantation, he was told firmly that whereas the fishing industry enriched the country by £120,000 p.a., a plantation was ‘only a titulary thing but bringeth no profit to the public but to private men who have gotten a patent’. The bill was passed by the Commons, but Gorges’ patent remained a concern, and on 19 Dec. Members backed Glanville’s motion that the king be requested to suspend it until Parliament resolved the issue.
Given Glanville’s clear desire to see bills completed, he was understandably unhappy with the king’s request that the second sitting be used solely for voting supply for the Palatinate. Accordingly, on 26 Nov. he proposed a grant of one subsidy and one fifteenth, but coupled this with a short legislative programme designed to conclude Parliament’s more important business, such as the pardon and the bills on religion, monopolies and the continuance of expiring statutes. Far from adopting such a scheme, the Commons stumbled into confrontation with James over religion, foreign policy, and Goldsmith and Lepton’s conspiracy against Sir Edward Coke*. Initially Glanville trod carefully, on 3 Dec. advising that the petition about the prince’s marriage should not discuss whether Members were entitled to comment on such issues lest their statement be used against them. However, when the king instructed the House to abandon its pursuit of Goldsmith and Lepton, Glanville insisted on 11 Dec. that the inquiry fell within the Commons’ proper remit, and should continue. On the following day, with James now also digging in his heels, he agreed with Sir Robert Phelips that the king was seeking to dictate Parliament’s agenda: ‘if we now go on with this message, and proceed hereupon with bills, then next we shall have command to go on with grievances, and then with this and that bill, and then with that grievance; and so hereafter we shall do nothing, but what the king commands’.
Following the heated debate on 17 Dec., the king demanded to know which Members had treated his command to continue with bills as a violation of the Commons’ privileges, whereupon Sir George Calvert* hesitantly identified Glanville as one of the speakers, emphasizing that he was not ‘very factious otherwise’. Although there is no firm evidence that he was subsequently punished, Glanville alluded in April 1628 to an occasion when he and Hakewill were questioned about words spoken in the House. This was probably a reference to the Privy Council’s inquiry of January 1622 into those Members who were thought to have misbehaved themselves.
The 1624 Parliament saw Glanville consolidate his standing in the Commons. His recorded activity of 47 committee or conference appointments and 84 speeches compares favourably with his performance in 1621, and his influence now reached its peak. Named to the committee for privileges on 23 Feb., he assumed its chair, and in the course of 17 reports dealt with 22 disputed elections and the re-enfranchisement of four boroughs. He proved an assertive chairman, twice demanding that his reports to the House be awarded priority over other business (2 Mar., 21 Apr.), and under his leadership the committee vigorously upheld its own independence, and indirectly that of Parliament itself. On 9 Mar. Sir Thomas Edmondes, a privy councillor, attended the committee despite not being one of its members, and finding there was no seat for him requested an adjournment to a larger room. Undeterred by Edmondes’ political muscle, Glanville refused to comply and all but ordered him to withdraw, provoking a furious response for which the councillor was later obliged to apologize. Glanville’s report of 5 Mar. on the Cambridgeshire election prompted a resolution that sworn affidavits were inadmissible as evidence, since they allowed other courts such as Chancery to influence the interpretation of returns.
True to his principles, Glanville remained an active spokesman for his own constituents. He again chaired the committee for the bill against exactions of customs officials, which was sent for engrossing following his report on 15 May but progressed no further. He was named to the legislative committee concerned with duchy of Cornwall leases on 9 Mar. after raising the same legal loophole as in 1621, while he secured another committee nomination on 24 Mar. by observing that the bill against enclosure failed to take account of Devon’s distinctive agricultural patterns.
Understandably, Glanville also took a close interest in the monopolies bill, observing on 26 Feb. that its main purpose was to ensure that patents could be challenged through the Common Law, rather than solely before the Privy Council. Having chaired its committee, he reported the measure on 9 Mar., and when it finally completed its passage through the Commons four days later, he was appointed to take it up to the Lords ‘because he took pains in it’. Nominated on 7 Apr. to manage the ensuing conference, and subsequently also to help examine the patents cited in the bill (22 Apr.), his final involvement with the bill was as a member of the joint committee with the Lords to draft amendments (13 May).
Glanville’s interest in legal reforms was also undiminished, not least because there was unfinished business from 1621 to attend to. On 3 Mar. he introduced a fresh bill against levying debts in the king’s name, and was named to its committee three weeks later. He also brought in a bill to facilitate the reversal of outlawries (22 Mar.), though he was omitted from the committee, perhaps because of the pressure of business in the privileges committee. Glanville took a close interest in the bills against pretences of concealments and for assignment of debts, chairing the committees for both (25 Feb., 18 Mar., 6 Apr. and 12 May), and spoke on a number of other such measures, including the bill for probate of suggestions in cases of prohibition (23 February). He was particularly scathing on 8 Mar. on the subject of secret offices, dismissing out of hand a proposal that the Court of Wards might do more to advertise its formal inquiries; such notices would actually ‘do more hurt, in countenancing these secret inquisitions, than good to the subject’, and the appropriate action was to abolish the practice entirely.
Glanville was rarely vocal on ecclesiastical affairs. He called on 6 Apr. for more efficient enforcement of the recusancy laws, and was appointed to help draft charges against the Arminian Bishop Harsnett of Norwich (15 May), but his only recorded comment on the Sabbath observance bill concerned voting procedure (24 February).
The 1625 Parliament found Glanville quite busy still, with a tally of 11 speeches to his name, and appointments to a conference and 16 committees, but in terms of business generally he was a more peripheral figure. Although again appointed to the committee for privileges, he surrendered the chair to Sir George More, and contented himself with two observations on the Yorkshire election dispute, referring back to precedents from 1624 on the proper conduct of polls (4-5 July).
From Glanville’s perspective the Oxford sitting proved thoroughly unsatisfactory. Although able to report the wool exports bill on 8 Aug., the redrafted petty larceny measure, whose committee he chaired, failed to progress. On 10 Aug. he delivered a petition announcing that military preparations in Ireland were at a standstill since the treasurers at war had blocked the release of funds, blaming restrictions imposed by the Commons. One day later he complained bitterly that the royal ships guarding the English coast against pirates were merely ‘going up and down feasting in every good port’. Not surprisingly, he was sceptical about the government’s request for additional supply, arguing on 10 Aug. that such small sums could easily be raised on credit, and that Parliament itself would be diminished by the granting of such a paltry amount. Indeed, if supply could be obtained only by a vote, rather than by a general consensus, this would be seen as dishonouring the king, and a written undertaking to provide adequate resources in due course would actually be more valuable. Two days later, news of the impending dissolution spurred him to draft just such a declaration, asserting the Commons’ willingness to vote taxation, but also emphasizing Parliament’s role in the redress of grievances. This protestation had barely been passed when the session was brought to an abrupt end.
As Sir John Eliot ironically observed in his Negotium Posterorum, Glanville did not have long to wait to experience the Crown’s gratitude for taking this stand. Attending the king at Plymouth that September in his capacity as recorder, he found himself pressed for service as secretary on the expedition to Cadiz, despite pleading that his handwriting was ‘so bad that hardly any but his own clerk can read it’, and that his family depended on his legal earnings. This vindictive appointment would later be blamed on Buckingham, whom Walter Long* believed had taken his revenge after hearing reports of the complaint on 11 Aug. 1625 about coastal patrols. However, Glanville himself insisted in 1626 that the duke had ‘mediated with the king for his stay’.
In his absence Glanville was again elected to Parliament for Plymouth, but he missed the first four weeks of the new session. Once back at Westminster he failed to give the Commons his undivided attention, spending 9 and 11 Mar. in the Lords as counsel to the 18th earl of Oxford, and slipping away to Westminster Hall once Easter term began in late April, doubtless anxious to make up for the lost earnings of recent months.
The turning point for Glanville was probably the king’s attempt to silence the attacks on Buckingham by Clement Coke and Samuel Turner*. On 1 Apr. he recommended a Remonstrance to Charles, justifying the Commons’ recent behaviour, and finally displayed some of his old defiance: ‘kings will stand high upon their honours, we stiff upon our privileges’. His proposal was adopted, and having chaired the drafting committee he reported the text to the House three days later. However, he then retreated to the sidelines for another fortnight. Sir Dudley Digges’s proposal for a joint-stock Company to finance a private war with Spain briefly aroused his interest, but his comments on 14 Apr. were restricted to the Company’s legal status and the Crown’s claims on its potential profits.
Possibly sensing that the campaign against Buckingham had failed, Glanville now again retreated into the background. Like most Members he reacted with alarm on 3 June to John More II’s ill-judged remarks about tyrannical government, calling for their author to be sequestered and sent to the Tower. Four days later he advised the House not to get involved in Philip Burlamachi’s efforts to recover money owed to him by the government, as this was a matter for the treasurers of war. On 8 June he was named to the committee to frame the heads of the proposed Remonstrance against the unparliamentary collection of Tunnage and Poundage, but he was in no hurry to return to centre stage. Deeply worried to find that his enforced visit to Cadiz had been included as a grievance in the Remonstrance against Buckingham, he tried in vain on 12 June to dissuade Members from mentioning him. However, his assertions that ‘the duke mediated with the king for his stay’ and ‘that he never declared himself against the duke’ lacked conviction, and the clause stayed in. On the following day he headed the committee list for the bill about parliamentary privilege, a measure which he had indirectly promoted three weeks earlier. Following Parliament’s dissolution, he was summoned before attorney-general Heath along with the other managers of the impeachment conference, but like them he refused to divulge further details of the evidence gathered against Buckingham, and emerged unscathed.
Glanville apparently missed the first three weeks of the 1628 Parliament, failing to feature in its records until the second week of April. Nevertheless, he thereafter emerged as one of the more prominent Commons’ figures in the first session, making 32 speeches, and attracting nominations to 23 committees and 12 conferences. The time devoted by the House to subjects’ liberties left little space for other business, but he chaired yet another bill committee concerned with free fishing in America, this time targeting Newfoundland rather than New England (23 Apr.), and condemned on a legal technicality Sir Thomas Monson’s* patent for making bills in the Council in the North. More active than usual on private legislation, he chaired the committee stage of the bill concerning the estates of the 2nd earl of Devonshire (Sir William Cavendish I*), which he reported three times before it finally passed (10 May, 2 June). He also secured nominations to the legislative committees concerning the restitution of Carew Ralegh† and the acquisition of Ralegh property by the earl of Bristol (Sir John Digby*), his client the earl of Cork having an interest in the outcome of both measures (23 May, 4 June).
Although a latecomer to the debates on subjects’ liberties, Glanville soon made his presence felt through the clarity of his thought and firm constitutional convictions. Appointed on 17 Apr. to help double-check the precedents already deployed by John Selden, on the same day he opposed the Lords’ request to see the Commons’ record of a 1621 bill to explain Magna Carta, arguing that the Journal might misrepresent the original debates. Named to the conferences on liberties on 16-17 and 23 Apr., he insisted that the king’s prerogative could not be allowed a totally free rein in areas where subjects might suffer through its misuse (17 April).
it was objected that the prerogative in general was not let loose, but only that that is for the good of the people; ...This is a door unto the breach of all statutes and laws. It opens a way to interpretation, as if for the safety and good of the people that laws may be laid aside ... It is not safe to acknowledge a power that is above the law for the safety of the realm.
Impressed by this reasoning, the Commons sent Glanville back to the Lords the following day, where he stated bluntly that the saving clause ‘would take away the effect of every part of this petition, and become destructive of the whole’. Sovereign power was indeed entrusted to the king, but not for his unfettered use; so far as such cornerstones of freedom as Magna Carta were concerned, ‘there is no trust reposed in the king’s sovereign power ... to enable him to dispense with them, or to take from his subjects that birthright and inheritance which they have in their liberties’. The Lords were sufficiently impressed by this resolute stance to suggest a joint committee of both Houses to thrash out remaining problems, and Glanville reported this development to the Commons on 24 May. In the event, the peers shortly afterwards accepted the Petition unchanged, and Glanville was subsequently appointed to help arrange its presentation to the king and its enrolment in the Westminster courts (27 May and 13 June).
After the intense activity which marked the Petition of Right’s passage, Glanville found relatively little to do in the 1629 session, making just seven speeches and receiving nominations to six committees. Two of the latter concerned bills against recusants and the procurement of judicial posts by bribery (23 and 28 January). He took no recorded part in either the opening discussions on Tunnage and Poundage or the religious debates of early February. Selden’s proposal on 12 Feb. for a message to the Exchequer barons as a means of recovering the merchandise confiscated from John Rolle* finally stirred Glanville into life. Convinced in his own mind that these goods could not really have been seized in payment of Tunnage and Poundage, given that Parliament had still not made the necessary grant to the king, he was certain that the judges would agree to release them once the legal confusion had been explained to them. Moreover, since the collection of unparliamentary Tunnage and Poundage represented a further assault on subjects’ liberties, there should be no progress with the much-delayed bill until redress had been secured. Glanville may have been named to help draft the message to the Exchequer, and was certainly appointed on 14 Feb. to consider the barons’ unyielding response.
The matter now rested on the hair-splitting issue of whether the king or the customs farmers received the benefit of the confiscated goods. Glanville, who was added on 20 Feb. to the subcommittee to examine the customers, considered not only that they did have a personal interest, but that they were technically trespassers, as the king should not yet have awarded them a contract for collecting Tunnage and Poundage. Nevertheless, he was reluctant to allow Sir Humphrey May to produce warrants which allegedly proved that Charles had authorized the seizure of the disputed merchandise, insisting that if this drew Members into ‘a dispute of the king’s prerogative, those that called for the warrants were the causers of it’ (21 February). Two days later he supported the decision to award Rolle parliamentary privilege in his goods, and to proceed against the customers as delinquents. Accordingly, his hopes of a legalistic solution to the impasse were utterly dashed by the news that Charles had taken full responsibility for the customers’ actions, and he was reduced to muttering darkly of conspiracy: ‘this cometh from the enemies of religion’.
Glanville was now comparatively wealthy, and had acquired the country estate of Broad Hinton in 1628. Appointed recorder of Bristol in 1630, he was also active as counsel on the Western circuit. In 1633 his reversion of the prothonotaryship of Chancery fell in, though he resigned the post after three years. Nevertheless, he was regarded with suspicion by the Crown. Not until 1637, when the queen, Archbishop Laud and the earl of Holland intervened on his behalf, did Charles finally consent to make him a serjeant-at-law.
