Mercurii, 14o Martii
Justices of Peace.
L. 1a. AN Act to enlarge, and make perpetual, the Act made for Ease in pleading against troublesome and contentious Suits, prosecuted against Justices of the Peace, and certain others his Majesty's Officers, for the lawful Execution of their Office, made in the Seventh Year of his Majesty's most happy Reign.
L. 1a. - Sheep-skins.
Leave of Absence.
Sir H. Manwaring hath Licence to depart for some few Days.
The Patentees for ... Lights, to be on Friday, at the Committee for Grievances : And the Mariners also.
Sir Tho. Hobby reporteth the Bill for Knights - Burgesses for the County Palatyne of Durham, with Amendments. -
Agreed, Knights for the County, Citizens for Durham. -
Barnard Castle agreed by the Committee, to have Burgesses; because the Prince his Town, and he desireth it. -
Hartipooll, by Opinion of the Committee, to have Burgesses; because a Port Town.
The rest rejected; because of pestering the House; and because these incorporated by the Bishop, not by the King.
Sir W. Earle; - That the Number of Burgesses here too great. - To have but as many, as Chester; viz. Two Knights, and Two Burgesses.
Sir Ro. Payne, accordant. - For no Reason, because an Haven.
Sir Tho. Hobby, contra.
The Bill to be re-committed in the Committee Chamber, presently.
A Petition from A. Apesley, read. -
That he committed Hill for Felony.
Bills to be passed.
The Prince his Bill, and other the Bills ingrossed, to be passed To-morrow.
Leave of Absence.
Mr. Langton hath Leave to go into the Country for some few Days, about a Trial he hath at the Assises.
The Bill for Durham brought in again,without Amendment.
Sir Tho. Wentworth : - Rather tb leave out Barnard Castle, which a dry Town, rather than Hardipolle.
Sir T. Bowes: - They as much charged with publick Charges, as they, which have Eight Burgesses : - More, for Purveyance, and Arms, than the East Riding of Yorkeshyre. In Hartipole not a sufficient Man dwelling, to serve; in Barnards Castle many. This the Prince his Town, Hartipoll a Subject's.
Sir Wm. Gravenor: - That Chester a County Palatyne, more ancient than the other; bigger. - Thinketh not fit, they should have more than Cheshyre.
Mr. Smyth concurreth. - That Gloucestershyre, bigger farther than this, hath but Two Knights, Two Citizens, and Two Burgesses. - So have an equal Proportion of Two Knights, two Citizens.
Mr. Carvyle, - for Hartipole, in respect of the Ancientness, - walled, - Strength, &c. - Hath all the Privileges from the King; where Durham City the Bishop's.
Mr. Secretary, for Six Burgesses, and particularly for Hartipoole. - For Barnards Castle, because the Prince his Desire to have it.
Mr. Brooke: - To have but Two Knights, Two Burgesses.
Sir Jo. Walter; - That Hardipole a poor Town: - Desire it not. - That thought fit, B. Castle should have Burgesses, to speak for the Prince, whose Town it is.
Mr. Mallory, - for Hardipolle and B. Castle.
Sir Tho. Row, - for Barnards Castle, rather than Hardipoll: because much given to Popery.
Sir Francis Goodwynn: - to have but Four Burgesses at most.
Mr. Whitson: - To have either of these Towns have One Burgess.
Sir J. Perrott.
Upon Question, Resolved, Durham to have Knights : And Durham to have Two Burgesses.
B. Castell to have Two Burgesses.
Hartepoole to have no Burgesses. Hartipolle stricken out, by Order of the House.
The Bill to be ingrossed.
L. 2a. - Monopolies. -
Mr. Hackwyll: - This Bill of the greatest Consequence, for the Good of the Subject, of any in the House. -
How far the Words, " sole working," may extend to new Inventions, and to some Corporations, having the sole working - Nothing here to Exportation, or Importation. -
Is against the Words, " no other but Court of Record ; " whereby the Parliament excluded.
Sir Edw. Coke agreeth, the great Consequence: Would not have it over much clogged. - To have this go alone; for that this founded meerly upon the King's own Judgment ; who hath adjudged Monopolies unlawful, and to give a Subject Liberty to dispense with penal Laws.
That he commanded by the King to call all the Judges of England; Popham, Anderson, Peryam, and Walmesley, and all the rest: all who resolved, when the Penalty given the King, they trust the Crown; and That cannot be given away to a private Person; for not never the Meaning of the Law-makers: - And with the Crown Mercy and Judgment; with a Private, Vexation. - The King's ordinary Prerogative may be disputed. - That he, Attorney-general, attended the Lords of the Council ; where Lord of Salisbury, a Convert, commended it; and caused it to be entered there, and confirmed it; and it now there remaineth. -
The Reason, why the King hath Power to dispense, because no Law can fit every Country; therefore the King, pater patriae, nihil sperans, may ease. This will not be, when a private Man hath it. - This Power not to be taken from the King, but from all private Men : This Power inseparable from the King, and therefore cannot be granted. -
A Monopoly to be defined by the Judges of the Law.
- Solus venditor : - Buyeth all, and selleth all. - Animal solivagum est nocivum. - Sole Importation, an especial Monopoly : So Exportation. - Lampryes. - Monos, solus. - Sir Rich. Monpesson had the sole Bringing in of Aniseeds, and Shoemake; where Merchandises the Birthright of the Subject. Hereupon Sir Edw. Coke, Attorney, brought a Quo Warranto, and he pleaded his Grant; and adjudged void ; and an Injunction to him, to use it no more. This Mich. 45o Eliz. - Grimston, - for sole Importation of Brushes. -
The Words, " Court of Record," added purposely : No Question, but this a Court of Record. -
This Bill drawn suddenly, by the Commandment of the House. - To commit it. - If any Thing in it against the King's supreme Prerogative, is against it; but to have a Subject apparelled with the King's Prerogative, is against that.
Mr. Treasurer desireth to be satisfied whether any Provision herein for Agency in Monopolies, under the King.
Sir Tho. Wentworth: - The Penalty great; therefore to have the Offences particularly defined.
Mr. Secretary, accordant. - That new Inventions have always had a Time of Privilege. - To have a Care of that.
Sir Tho. Row: - To clear, in express Words, the sole Importation, or Exportation to be a Monopoly. -
Committed to all the Privy Council, all the King's learned Counsel of the House, Mr. Crew, Mr. Noye, Lord Cavendish, Sir N. Rich: And all, that will come, to have Voice: - To-morrow in the Afternoon, and to be then first.
Fuller and Hall's Case.
Master of the Wards, - for Fuller and Hall's Case to be now heard, according to former Order.
Mr. Crew: - That the Capita are now in writing.
Mr. Mynn: - That Four Men, in Drury Lane, Hostlers. sued, gave, One of them, 10 l. other Three, 5 l. a-piece; and of every of them, for Charges, 50 s. in all about 33 l. and entered but 5l. and after made it 10l.
Mr. Sherfeild and Mr. Mynn to bring in Writing, what they have now delivered.
Mr. Lieutenant, at the Bar, but not kneeling, charged by Mr. Speaker, whether he joined, in the Imprisonment of Cockerell, Fitch, Ewe, and Michell, with Sir Francis Michell; answereth, he knoweth, or remembereth, not, that he did; but only Two Women. That, for Two Years and a half, he never meddled in this Business. That Sir Francis Michell sent him a Warrant to sign ; which, at first, he refused, but after subscribed.
That he committed Hill, upon Earl of Sufolke's Letter to him, that he had apprehended one Hill for stealing of an Engine out of his Majesty's Mint; wherewith. -
Confesseth, his Hand is to a Warrant dormant; the Hands of the now Lord Chancellor, Treasurer, Secretaries of Estate, and the King's learned Counsel, being first to it.
Fuller and Hall.
Master of the Wards : - That Fuller and Hall may be on Friday Morning : - And Resolved.
That which concerneth Middlesex, in Mr. Crew, his Part, to be stricken out.