Lunae, 5 Martii
Grace's, &c, Nat.
L. 1a. AN Act for the Naturalizing of Geor. Grace, and Jone Sprott, the Wife of Jeremiah Sprott Gentleman, and Sister of the said Geor. Grace.
L. 1a. An Act for the Naturalizing of Phillipp Burlimachi, of London, Merchant.
L. 1a. An Act to enable all and every of his Majesty's Subjects, within this Realm of England, and Dominions of Wales, to transport Welsh Butter out of the said Dominion of Wales into any foreign Realm, in Amity with his Majesty, at such Times, as Butter in Wales shall not exceed the Prices of 3d. the Pound, in Summer Season, and 4d. the Pound, in the Winter Season.
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 the Bankrupts, in some special Cases.
Mr. Strowde moveth against swearing. - Prohibited by the Law of God, upon which our Laws depend. - That our Laws come short in this.
Sir D. Digges: - That Mr. Fowle is come in. - To stay with the Serjeant, till the House fuller.
L. 2a. An Act to prevent and reform the -
Mr. Alford . - That the Bill for Wools is sine die. - The Clothiers to be heard again this Afternoon, in this Afternoon : And Resolved, -
L. 1a. An Act for the Grant of Two intire Subsidies, granted by the Temporalty.
Sir Edw. ..... - This Act pursueth 43 Eliz. not 1 Jac. For Berwicke and Northumberland not now to be excepted.
Sir Tho. Trevor: - Wales to be excused of Payments, till they have done with their Payment of their Myses.
Mr. Crew: - At the next Reading of this Bill, to consider of this Bill; and that there may be a Care of Drawing the Pardon, that the Extent thereof may be more than for Thieves, &c. but may extend to old Debts, Liveries, &c. - To have the Pardon go on with the Subsidy.
Sir Edw. Coke.: - That the Pardon will derogate from our free Gift. By the Pardon, this Session of Parliament would be dissolved.
Sir Tho. Wentworth: - That all the Bills of Grace may be speedily brought in, that they may be ready to go up with the Subsidy.
Mr. Solicitor: - Liketh well the Preparation of the Pardon. - The Bills of Grace are in preparing.
Mr. Griffyth: - Would not have Wales exempted from the Subsidy, because hopeth this House will enable them to pay.
Sir James Perrott: - To have the Subsidy and Pardon to go up together.
Mr. Glanvyle, accordant with Mr. Crew. - To have it spedd, though not coupled with the Subsidy. - Would have the Alienations without Licence, Liveries, old Debts, may be inserted into the Pardon.
The King's learned Counsel -
Steward's, &c. Nat.
Mr. Serjeant Hitcham and Sir Wm. Bird bring from the Lords Two Bills :
One, for the Naturalizing of Sir Francis Steward, Walter Steward, James Maxwell, and Wm. Carre, Esquires,
The Second, for Naturalizing of Abraham Salisbury, and Eliz. Salisbury, the Son and Daughter of Pierce Salisbury, Englishman, and Citizen of London. -
Mr. Mallett: - That the Pardon is to come from above. - Not to make any Order here.
Mr. Brooke :-To have it considered here ; and some named, to consider it.
Sir Edw. Mountague, concordat cum Mr. Mallett. - Not to meddle with the Pardon here; for cometh from the Lords hither, as the Subsidy from hence thither.
Bills of Grace.
Sir Jo. Strangwayes moveth, a Day be assigned, for bringing in some of the Bills of Grace, at least. - Wednesday, Resolved.
Sir H. Strange: - To have the Bill for Informers hastened.
The Committee for Informers -
Wednesday in the Afternoon, for reading secondly the Bill of Subsidy, appointed.
L. 3a. An Act for Punishment of divers Abuses on the Sabaoth-day, called Sunday : - Upon Question, passed, without One Negative.
Message to Lords.
Mr. Hackwyll: - To send now to the Lords, to let them know, we will be ready on Thursday next.
Bills sent to Lords.
Three Bills sent up to the Lords : 1. For the Sabaoth: 2. For charitable Uses: 3. For Supersedeas, &c. By Mr. Secretary, and all the Privy Council.
Sir Francis Barrington: - The Bill for the Sabaoth, to have the Precedence and special Recommendation.
Sir H. Poole; - To have the Bill for Supersedeas specially recommended; because threatened to be opposed.
Grievances- Yelverton and Monperson's Patents.
Sir Ro. Phillippes reporteth from the Committee for Examination of Sir H. Yelverton, and Sir Francis Michell, Three Heads: 1. Relation of the Inception and Progression of the Patents of gold and silver Thread: 2ly, Declaration of his Majesty's Care to inform himself of it, before he would consent: 3ly, The Abuse in the Execution, and in the Proclamation, which attended it. - That this they received from the ingenuous information of Sir H. Yelverton, to whom principally addressed.
That 9* Jac. a Patent made to the Countess of Bedford, for sole making this Thread. She nominated Fowle, Dykes, Dorrington. This, opposed, produced an Authority to Earl of Suffolke, Sir Tho. Lake, &c. Hereupon, about 11 Jac. the then Attorney, and Recorder, now Treasurer, took away many Tools, and inflicted Punishment.
That 13 Jac. this Patent surrendered; and new to Fowles and Dykes, by Warrant from the former Commissioners. That, upon this Patent, Sir Edw. Villers became a Partner, put in a Stock, and solicited Sir H. Yelverton, then Solicitor. That Sir H. Y. upon the offering, disliked the Patent, as being a Monopoly; therefore devised, the Course should be by Indenture between the King and them; whereby they should be but as Agents ; whereby, if found inconvenient, the King might easily put it down. That 16o Jac. these Indentures accordingly passed, upon a Petition to the King by Sir Edw. Villers ; in Name of Fowles and Dykes.
2ly, The King's Care exceeding great, before he made his Grant: He made his Reference to the now Lord Chancellor, Treasurer, and Sir S Yelverton: They certified the Course good, if well used; and approved the said Device of Sir H. Y.
That at Court some Opposition against it: The King informed, it would be generally ill, and not advantageable in particular to himself. The King recommended this thereupon to the same Referees, both for the General, and Particular, who certified, as before, if well carried. Yet not obeyed fully: Whereupon a Proclamation desired of the King; who, before he would grant it, required, the Attorney would consider of the Proclamation; and remembered a Difference between the City, and the Patentees: And the Solicitor now, then Recorder, added ; who had his Hand in, if drew not, the Proclamation.
That Sir H. Yelverton protested that, during all his Service, he never passed any thing without Warrant, or Certificate, of those he made Masters of his Wisdom, &c. as will demonstrate by the Warrants.
3ly, For the Abuse. The Patentees Abuse was, by mixing, gold and silver Thread with Lead, &c. 2ly, Where they were to melt no Bullion here for it, but imported by them ; they melted all here, imported none.
That Sir G. Monperson and Sir Francis Michell, the perpetual Motion hereof, presented a Bond, not to meddle, or make any gold or silver Thread ; they refusing to enter into it, they resorted to Sir H. Y. He answered, if it were not legal, or too penal, they had Reason; therefore proposed a Condition of a Bond, viewed also by the Lord Chancellor. He disliked also, that the Bond should be made in Sir G. M. or Sir Francis Michell, and be kept by them. Sir H. Y. altered it, and caused it to be made in the King's Name; but was over-ruled, the Bond should remain with Sir G. M. and Sir Francis Michell.
Hereupon Sir Edw. Villyers, having 4,000 l Stock in the Business, pressed Sir H. Y. to help: - That the Cause now lay a bleeding; therefore he must either now imprison them, or all was lost. Hereupon Sir H. Y. yielded ; and offering to divers the Bond, and they refusing, he committed them; but with Signification by Letter, that he would presently release them, except the Lord Chancellor would confirm it. Thereupon the Lord Chancellor ratified it. The Petitioners petitioned Sir H. Y. who gave no Answer, nor durst, for fear of Sir Ed. Villyers and Sir G. M. That after, they heard before the Lord Chancellor, and returned to Prison by him. Hereupon the City petitioned the King, who presently enlarged them. Sir G. M. and Sir Francis Michell, Fowles, and Dykes, ransacked Houses, &c. at their Pleasure.
That Sir H. Y. shortly confessed, he committed the Men, not as Attorney, but as a Commissioner, and at Sir Edw. Villyers Instance.
A Rag of the Report behind - Sir Francis Michell: - Confessed, he had meddled with the Execution of this Commission ; and that he had committed some, together with others; but denied he had enlarged them, with taking of the Warrants off the File: But the Warrants shewed him, he confessed it; and that he had forgotten it. -
Confessed, he knew of the Addition of 4d. in 3s. 4d. for a Gratuity to the Commissioners for their Pains. -
That he confessed a Pair of Garters given him, left at his House for him.
Sir Edw. Coke: - The Statute of Magna Chartti, 29 Cap. confirmed 32 Times: - None to be imprisoned, &c.
- Called Magna Charta, not for the Largeness, but for the Weight. - If this suffered, no Man shall live in Safety.
- 42. Ass. a Commission granted to this Purpose as now : The Justices of Assise took away his Patent, and informed the King, that this against the great Charter of England. A Grant by Queen Eliz. to make By-laws : They made a By-law to imprison; therefore adjudged against the Law. All the old Writers called Magna Charta Chartam
Libertatis. - Sorry the Attorney-general should be a Commissioner, or this be countenanced by greater Persons. -
Moveth, the Committee may specially remember this Matter; and that the Papers, &c. of Sir G. M. &c. may be delivered to the Committee, for preparing against the Conference on Thursday.
Sir D. Digges: - That we see how gracious the King, in all these Things; his great Care appearing. - That therefore his Majesty may be cleared, both here, and through all England.
That long sithence our Meeting in Parliament: This the Cause of the many Grievances now appearing. -
Moveth, a short Bill to be drawn ; expressing, in the Preamble, the King's great Care against all Things, which might hurt the Commonwealth: 2ly, A Declaration against all Projectors: 3ly, Against all Referees,
that shall hereafter mislead the King; that they may be branded to Posterity.
Sir Edw. Gyles: - Hopeth much Good of this Parliament. - These Blood-suckers of the Kingdom, and Vipers of the Commonwealth, which have misled the King. - Strange, Mr. Attorney must be afraid of Sir Edw. Villyers and Sir G. Monperson, - Let no Man's Greatness daunt us. The more we do to great Men, the more we prevent in future these Mischiefs.
Sir H. Strange: - That Sir G. M. was a Justice, and the Justice, per excellentiam: - Per Pestilentiam. - That the Plague of his Corruption did exceedingly poison the Country. That he masked all under his Service to the King. - These, like Worms, which eat out the Body of the State. - That the King ever had our Hearts. - To have a declaratory Act, to carry with us into the Country.
Mr. Solicitor: - Will submit all his Actions to this Court. - That not referred to him, to consider, whether any Proclamation or not; for a former unfit Proclamation. He, the Recorder then, to be called to it. - That he attended the Attorney Six or Seven times about it. That his Pen in it, by Conference with Mr. Attorney, That it was after put in Print. That Mr. Attorney certified the King, the Recorder had agreed to it. That the Aldermen disliked it, and sent some Aldermen with him to Mr. Attorney; where he expostulated the Matter with him. -
Bills, &c. delivered to Lords.
Mr. Secretary: - That he delivered the Bills; and a Message, that this House could not be ready this Afternoon, but would be ready against Thursday in the Afternoon, or at any Time after, at their Pleasure. - That they would be ready for it at Two of the Clock, on Thursday next.
Grievances - Monperson's &c. Patents.
Sir Ro. Phillippes concurreth with Sir D. Digges, for an Act declaratory; but that One of the Points to be provided for against the Conference. - To send for the
Books and Papers of Sir G. Monperson, now with the Lords; that the Committee may have them, to charge him with.
Mr. Recorder: - He employed by the Lords, in the Search for these Books and Papers. - Doubteth, whether fit to send now to the Lords for them.
To send for them To-morrow Morning, because the Lords now risen.
Master of the Wards: - Wisheth nothing more, than the Happiness of this Parliament. Addeth a Word to Sir Ro. Phillippes' Report: That the King, upon the City's Petition, not only released the Prisoners, but said, he governed not his People by Bonds. That Sir Edw. Villyers had no Encouragement or Comfort from the Marquis. That Sir H. Yelverton confessed, my Lord of Buck' never did write, speak, or send to him about it. This he asked, because Sir H. Y. let fall Words, that he did it for Fear: Which was most base. - To use our Endeavours, to keep our Jealousies here, and above; which done, like to prove the happiest Parliament that ever here.
Sir Tho. Row: - To have the Parts divided.
Sir Francis Fane: - To have the Referees, of all the Patents questioned; that so they bear their Load. - This to clear the King. - That the King hath restrained all unlawful Suits for Monopolies: If that had been done, these Things had been prevented.- - To take Notice of the King's Proclamation, of the King's Book of Declaration, of the Statute for the better Execution of Justice.
Sir H. Withrington: - That every Man, Referees and other, may be questioned; and every Man bear his own Burthen.
Mr. Raynscrofte: - That the Committee should name the Parties to each Part, and present them to the House.
The Committee to meet this Afternoon, in the Court of Wards; and the same Committee to consider of Sir H. Fane's Proposition.
The Serjeant to keep Fowle till To-morrow.
Sir Jo. Walter; - The Business of great Weight; concerning both us, and our Posterity. - To look forward, the best Means to help us. - A Bill to be drawn, as moved by Sir D. Digges. To have all the Patents called in, and suppressed: None to be granted hereafter; and if they do, to be void. For hereafter, all Procurers, Advisers, or Countenancers thereof, to incur Premunire. - To send to the Convocation-house, to draw a Curse against all these: But not to look back to the Referees; whereby we may draw Opposition, and a Crossing of the Proceedings for hereafter.
Sir Edw. Sackvyle: - Justice painted blind; and well; because no Persons to be respected. - To question all; and clear, or condemn, them.
Sir Jo. Walter, Mr. Noye, Mr. Crewe, Mr. Denny, Sir Edw. Coke, Mr. Glanvyle, to draw the Bill mentioned by Sir Jo. Walter.
Sir Guy Palmes: - To put it to Question, whether the Referees, as well as the Projectors of the Patents, shall not be questioned by the Committee.
And, upon Question, resolved affirmatively.
Mr. Weston: - That Fowles should be committed to the Serjeant. - And Ordered, upon the Question: Not for his Punishment, but for his forth-coming. And he called in, and His Judgment accordingly pronounced by Mr. Speaker.