Jovis, 15o Martii
L. 1a. AN Act for the Naturalizing of Abygayle Little, and Wm. Little.
L: 1a. An Act for the good Order and Government of the Makers of Knives, Sickles, Sheeres, and Sizers, in Halamshyre in the County of Yorke, and Parts near adjoining.
Thornbury, &c. Manors.
L. 1a. An Act to restore the customary Tenants of the Manors of Thornbury, and Oldbury, in the County of Gloucester, unto their ancient Customs and Privileges, &c.
L. 1a. - Englefeild. -
Mr. Wrenham: - That the Fines, imposed by the Lord Chancellor, either just, or unjust: -
Committed to Mr. Treasurer, Sir Edw. Mountagew, Sir H. Poole, Sir H. Curwen, Sir Rich. Tichborne, Sir Jerome Horsey, Lord Wriothesley, Sir Wm. Spencer, Sir Edw. Sands, Mr. Writtington, Sir Geor. Dalston, Mr. Nevill, Mr. Harrison, Mr. Alford, Sir Myles Sands, Sir H. Fane, Lord Clifford, Mr. Wrenham, Sir Ro. Floyde, Sir Tho. Low, Sir Talbott Bowes, Mr. Sapwell, Mr. Brooke, Mr. Crew, Chancellor of the Duchy, Sir H. Compton . - Monday next, Exchequer Chamber.
The Bill against Concealments - To-morrow in the Afternoon.
The Bill for Arms, - upon Saturday in the Afternoon.
Charge against Lord Chancellor Bacon, &c.
Sir Ro. Phillippes reporteth from the Committee for Courts of Justice Three Parts: Person, against whom. The Matter: And Opinion of the Committee : With Desire of further Direction.
The Person, the Lord Chancellor: A Man, excellently
endued with all Parts, of Nature, and Art - Will not speak much, because cannot speak enough.
The Matter, Corruption: The Parties accusing, Awbrey and Egerton.
Awbrey complaineth, that, wearied in his Cause in Chancery, he was advised by his Counsel, to expedite his Business, to present the Lord Chancellor with 100 l. He got at Use 100 l. goeth with Sir Geor. Hastings and Mr. Jenkyns to Yorke-house: There they Two went, and returned to him, with Thanks from my Lord, and Hopes of better Success in his Cause, than formerly. -
That Sir George confessed, he consented to the Advice; and that he gave my Lord the Money, but, as from himself, not from the Party. -
That this confirmed by the Copies of Awbrey's Letters to my Lord ; wherein this Sum mentioned. - That, this notwithstanding, his Cause succeeded ill, being still locked up there.
The next, Edw. Egerton. - That having many Suits, he first presented my Lord with a Bason and Ewer, of 52 l. but doubtful, whether this before he Lord Keeper, or presently after. -
That persuaded by Sir Geor. Hastinges, and Sir Rich. Yong, to gratify my Lord. - That he sold Tythes; raised 4001. carried it to Whytehall, to my Lord Chancellor's Lodging : called for Sir Geor. and Sir Rich. Yong, and by them, sent in this Gold, in a Purse; who carried it in to my Lord ; who started at it, saying, it was too much. That Thanks returned to him from my Lord. And Edw. Egerton saith, he had a further Message; that my Lord said, he not only enriched him, but bound him to do him all lawful Favours. -
This denied by Sir Geor. and Sir Rich. Yong; but the Delivery of the Money confessed by them.
That it was ordered by the Committee, Edw. Egerton should have Time, to bring in all the Petitions, References, Bills, Answers, Injunctions, Orders, and Writings, concerning this Business.
That a Circumstance appeared, that some indirect way open in these Cases. That Egerton, acquainted with a Divine, now a Bishop, broke to him his Suits: He undertook to broke for him ; took from him a Recognizance of 10,000 l. with a kind of Defeazance, that, if his Land were decreed him, he should pay 6,000 l. to those honourable Persons, by whom he should receive Favour. That this was confirmed by Bishop Field's Letters. That this Letter had some Honesty in it; for, if the Business succeeded not, in verbo sacerdotis he should have his Recognizance again. -
A Circumstance, concerning Mr. Johnson, a Member of this House, a moral honest Man : - That, as Egerton saith, Johnson persuaded him to take out of his Petition the Matter of Money, and then his Lordship would give way to it; and, if he would go in the Afternoon to my Lord, with Sir Geor. and Sir Rich. Yong, my Lord was like to let him have the Money he had lent him: But this Johnson denied. -
That in his Petition contained, that one Sharp is my Lord's Steward.
That the Committee, in respect of the Greatness of the Person, that a principal Magistrate of State, - no Time might be lost, for clearing his Honour; and therefore all other Business set apart, and all other Committees put off, till this Committee finished.
Sir Edw. Coke: - That fit the Lords be acquainted with the Grounds, he last Day delivered ; viz. with the Resolution of all Judges, and the Order of the Council Table upon it. - Resolved.
Proceeding at a Conference not to be a Precedent.
That, in the Precedents of Conferences between both Houses, moving from the Lords, they have done it verbally; and then, upon the Lords Report, entered into their Journal Book; yet now Order from the House, to afford the Lords the Capita about the Business, because consists of so many Heads: But Sir Edw. Coke to move the Lords, this may not hereafter be taken for Precedent.
The Bill for Recusants Lands, - Two of the Clock, Tuesday next.
Sir Tho. Row: - The Copy of Mr. Fuller's Report, concerning Recusants Lands, and the Decay of the King's Revenues thereof.
Saturday come sevenmght, for the Committee, concerning the Decay of the King's Revenue.
Mr. Solicitor delivereth in a Bill of Grace, for Ease in pleading. - Not to leave out Pleading, which would suppress the King's Tenure.
L. 1a. Act for Ease of the King's Tenants, in the long and chargeable Pleading of Alienations, or of Pardons of Alienation without Licence, in the Court of Exchequer.
Mr. Solicitor: - Thought not fit to leave an uncertain Fee, nor yet to have no Fee at all.
L. 2a. - Accounts - Sheriffs. -
Sir Wm. Spencer: - To have these Bills brought in, just as they were the last Parliament.
Mr. Alford: - The long Debts a great Grievance, occasioned by the Exo. in Annum; which beneficial to the Barons only.
Sir Jo. Strangwayes: - Post Nichilles. - That he nichilled 37 l. - Cost him 15 l. - Respectuatur. - Now these come upon the Sheriff.
Mr. Shervyle: - That the Escheators give many times but a formal Account. -
Committed to Master of the Rolls, Sir Jo. Strangwayes, Sir Tho. Rowe, Sir Wm. Spencer, Mr. Noye, Mr. Alford, Sir Wm. Pittes, Sir Rich. Gravenor, Sir Wm. Poole, Sir Edw. Gyles, Mr. Shervyle, Mr. Dr. Gooch, Mr. Wingfeld, Sir Tho. Ryddall, Mr. Solicitor, Sir Jo. Walter, Sir Edw. Wardor, Sir Francis Barrington, Sir... Spencer, Sir J. Perrott, Sir H. Curwen, Mr. Raynscrofte, Mr. Nevyll, Mr. Whitmore, Sir Wm. Boulstreade, Sir Tho. Hobby, Sir Edw. Sackvyle, Sir Wm. Fletewood: - Monday, Exchequer Court.
The Clerks of the Exchequer to attend the Committee, with the Notes of their ancient Fees; and the Serjeant to warn them.
Bills of Grace.
Ordered, That, upon the Committing of every Bill of Grace, the Clerk shall deliver to the Committee the Note out of his Book, concerning that Business ; and the old Draught of it, which was last Meeting in Parliament, if it be to be had.
Mr. Lasher: - That a Member of this House (Sir Rich. Gravenor) hath given Protection to one Lovell: who getteth Goods into his Hands, and now is protected by Sir Tho. Jermyn. - Got 10l. of a poor Clothier, to let him have his Cloth again, or else would use his Protection.
Sir Edw. Sackvyle: - That Sir Tho. Jermyn knoweth nothing of it.
Francis Lovell to be sent for by the Serjeant, to be here To-morrow Morning.
George Crippes also to be sent for by him, at the same Time.
Proceeding at a Conference not to be a Precedent.
Sir Edw. Coke reporteth from the Conference with the Lords. - That first he prevented the Precedent of delivering Things in Writing to their Lordships hereafter ; where heretofore verbal from hence, and then entered into their Journal: Therefore this to be, after, no Precedent; the rather, because now the Particulars so many, as not to be remembered. -
Then shewed the Grounds of the King's Book, concerning the King's granting Power to dispense with penal Statutes. -
All the Judges resolved, the King could not do it, 1. The Law made pro bono publico: Not to be applied to private. - 2ly, The King, pater patria, and so trusted by the Parliament. The Mischief great, where a private Man apparelled with the King's Prerogative. 3ly, -
That the Lords applauded this Resolution, as the best, that ever: The Lords of the Privy Council also confirmed this. This the Ground of the King's Book.- -
That the Grounds of Monopolies - That King Phillipp arriving at Southampton, when he married Queen Mary, granted them a Monopoly, to have all the sweet Wines landed there. In Queen Eliz. Time, resolved by the Judges, this a Monopoly; and overthrown. - Got by Importunity, that all Strangers should land their Wines there only.
Wm. Simpson in Queen Eliz. got a Patent for the sole Bringing in Stone Pots, Bottles, and Heath, to make Brushes. This, 39 Eliz. questioned, the Queen promised, in verbo Principis, to reform what amiss. Hereupon he, Attorney-general, brought Quo Warranto against Simpson, who justified by his Patent. - Called in, and cancelled. -
That Sir Jo. Packington got a Patent of Starch, because a Vanity : Yet this adjudged void. -
That Rich. Monpesson, and Alexander, got a sole Importation of Anyseeds, and Shoemake: This also adjudged void. -
Sir Tho. Wilkes got a Monopoly, to make Salt only at Lynn, and Boston, because he had made a little Addition to the former making Salt: Adjudged void, because but an Addition. -
44o Eliz. Sir Edw. Darcy - the sole Making and Importation of Cards, which prohibited by the Statute : Yet adjudged void, and the Non obstante also ; because against the common Good : For an old Trade.
For Concealments ; no Nobleman can grant Land, of which not in Possession, but forfeiteth the Value. - Not honourable for the King. - Robbeth the Crown of his Tenures, the Tree of his Revenues, by Alteration of the Tenure. Robbed Churches. - Christ would have whipped them, which had sold the Temple. - Hospitals : - The Poor robbed. - A Prohibition to those, which kept the Seals, to suffer none of these Grants to pass.
Three Cautions used here: 1. Not to meddle with the King's Prerogative transcendent: 2ly. To save the King's Honour; which done by mentioning the Referees : 3ly, The Good of the Commonwealth. - King and Kingdom go together: They his Strength. -
That he had read in the Italian History, a learned Friar, appointed to preach at Rome before the Pope, went thither before, to see the Order. Seeing the Pomp there, and so little Religion, went up, and said Three times, " Peter was a Fool;" and went down. - " Who had neither Gold nor Silver." - That all Empson and Dudley their Proceedings, but petty Riots, in respect of Monpesson's. They hanged for Trifles. - The Astralabb, to take the Heighth of Monpesson's Iniquity.
That they delivered the Lords the Capita, in Writing; and the Patents, and other Writings, &c.
A general Thanks to Sir Edw. Coke.
Sir D. Digges: - That the Prince said, he was never weary of hearing him; he so mixed, Mirth and Gravity together.
Chairman of Committee.
Sir Ro. Phillippes desireth to be discharged of the Chair, for the Matters of Justice; sithence Sir Edw. Sackvyle now come again.
Sir Edw. Sackvyle: - That hath an Ague; is not well; not fit for it.
Sir Ro. Phillippes to be still continued. - Resolved.
L. 3a. An Act -
Upon Question, passed, without One Negative.
Courts of Justice.
Master of the Wards moveth, after the other Business set down, handled, the several Heads for the Courts of Justice may be proceeded in, till finishing.
Sir Edw. Wardor addeth, the Imposing of Fines upon Subjects, for not performing Decrees; and that a Patent grant, to Mr. Gibb, of Two Fines upon Megges and Bowdler, may be called in, till the House take other Order.
Mr. Wrenham: - To have added, the Exaction for private Seals.
Sir Tho. Row accordeth with Sir Edw. Wardor his Motion.
Mr. Alford: - That Timber cut down upon Wards Lands, during their Minority. - To provide against this.
Sir Tho. Wentworth : - Leases for 1,000 Years, upon valuable Consideration; so as Two Wardships for One Land.
Mr. Shervyle : - No finding of any Wardship upon Leases for 1,000 Years, sithence Cotton's, Case; but, if a dying seized found, no Travers admitted. - That in Chancery, of late. Possession delivered by the Sheriff, with a Writ of Assistance.
Sir Tho. Grantham addeth. Injunction after Judgment in Chancery.
Mr. Mallett: - The long Protraction of suing Liveries, bringing in Evidences, drawing up Jurors to the Bar.
For Trade. - Saturday next. The Serjeant to warn the Merchants, and particularly Sir Wm. Cockayne, against that Time.
The Committee to appoint several Sub-committees, to consider of all the Heads propounded.
Mr. Sadler to attend To-morrow Morning, with the Note of the Patents of Monopoly.
Assault on Serjeant's Deputy
Mr. Drake informeth of the Rescous made by Preston; and thereupon John Harvy, who made the Serjeant's Deputy for serving it, called in.
John Harvey: - That he found Preston at Quicke' s Alehouse ; stayed his coming out; shewed him his Warrant: He took it violently from him. - That the younger Brother, Henry Preston, struck him with a long Staff, 20 Blows : That he refused to obey or go with them.
The Two Sons to be sent for by the Serjeant at Arms, in the strictest Manner that may be ; and Martyn also.
Privilege - Affront to a Member.
Sir Ro. Phillippes: - That one Bryers, a Register, affronted Sir Rich. Gifford; telling him, he had made an untrue Certificate to the Committee : Threatened, hereafter he would meet with him, when the Parliament was done. Bryers to be sent for by the Serjeant, with all convenient Speed.
Sir Tho. Jermyn : - Upon Tuesday last, required to give Protection to One of the Town, for Two or Three Days, to treat with some, to whom indebted, not knowing he was a Tradesman.
Mr. Alford: - That none may be protected by any Member of this House, except he be an ordinary and menial Servant; and that Protections, otherwise granted, are void.
And Resolved, That no protection to be granted by any; Service being the only Privilege in this House.
Counsel for the Patentees for Welsh Butter to be heard.