Lunae, 26o Martii
L. 1a. - CARRIAGES.
Sir James Perrott moveth, for a certain Day to be appointed for him openly in the House to shew the Causes of Decay of the King's Revenue of Recusants Lands: And Tuesday after the Access ordered.
The Bill for Commons, - the Wednesday sevennight after the next Access.
Mr. Bateman moveth, for a Committee of Lawyers, this Vacation, to draw a Bill against Transportation of Ordnance; and he will attend them, with such Notes, as he hath, concerning this Business.
Mr. Alford: - That the Bills, formerly passed, concerning this, may be looked up.
Sir Jo. Walter, Mr. Solicitor, Mr. Hackwyll, Mr. Mallett, Sir Edw Cecill, Sir A. Ingram, Mr. Serjeant Davys, Sir Wm. Herberte, Sir Cl. Edmonds, Mr. Jo. Middleton, Sir Francis Darcy, Sir Nath. Rich, Mr. Bateman, Mr. Towerson, Mr. Fetherston, Sir Jerome Horsey, Mr. Gifford, Sir Tho. Row, Sir Tho. Hinton, Sir Jo. Brooke, Mr. Brooke, Sir D. Digges, Mr. Cooke, Sir Wm. Pitt, Sir Jo. Jephson, Sir A. Ingram, Sir Ph. Carye, Sir Tho Low:
These Committees to draw & Bill against the Transportation of Ordnance; and to have Power to enquire of the Abuses past; and to send for any that can inform them: - Thursday, Two of the Clock, in Easter Week, in the Inner Temple Hall.
Sir Ro. Phillippes tendereth a Petition from the Borough of Ilchester, within the County of Somersett, for sending Burgesses.
Mr. Chancellor of the Duchy, - against meddling with this,
Sir Geor. Moore: - To refer this to the Committee of Privileges.
Mr. Pymme: - That the Commonwealth hath an Interest in this; and therefore fit to examine it.
Ordered, To be referred to the Committee of Privileges, in the Exchequer Chamber, this Afternoon.
Sir Edw. Sands moveth for Pomfrett; which, in Ed. I. Time, and after, sent Burgesses: After, decayed by Wars.
- That the King granted them a Charter, 4o Jac. with Restitution of all their Liberties and Privileges, notwithstanding they be lost, forfeited, &c. That they have ever sithence -
Committed also to the same Committee for Privileges.
Alterations in the House.
Ordered, Mr. Speaker shall make a Warrant to the Surveyor of the King's Works, &c.
Mr. Treasurer, Mr. Chancellor Exchequer, Sir Edw. Cecill, Sir Wm. Pitt, Sir H. Spiller, Sir Edw. Wardor, Sir Jerome Horsey, Sir B. Hickes, Mr. Enego Jones, Sir Tho. Howard, Sir Nath. Rich, Sir Wm. Herricke, to take a View for enlarging the Seats in the House, and for making a Provision for keeping out the Sun.
Warden of the Fleete.
Sir Jo. Strangwayes offereth a Petition against the Warden of the Fleete: Which read.
Sir A. Ingram: - That they have found many strange Passages already against the Warden of the Fleete. - That he may be sent for against To-morrow Morning; and a Commandment from this House, not to use them worse than before, during this Recess.
Sir H. Poole, accordant: - And that the Committee may, in this Vacancy, examine further his Offences to the full.
Sir Tho. Row : - Hard to trust an angry Wolf. - That the Owners of the Fleete may be sent for against that Time also.
Sir H. Lillo and Mr. Eldred to be sent for also against To-morrow Morning; and the Committee for the Fleete to meet this Vacation.
Sir Edw. Coke reporteth Sir H. Britayne's Patent, for making Warrens and Parks. - Hath it through England.
- This a Flower of the Crown : Never before merchandisable. - Royalties; because none should grant them, but the King. - 20s. to the King, 30 l. to Sir H. Britayne.
- Hath another Patent, of Dispensation with Tillage. Hath Power to make a Park; that being done, may convert it to Sheep, &c. This his Wit. Sir H. Howard and Mr. Gibb got this, but at his Solicitation. - Gave either of these Gentlemen 5001. - Upon this, many Quo Warrantor. -
This referred to the Attorney, Lord Chancellor now, and Sir H. Yelverton, Solicitor; who willing, because brought Gryst to their Mill. - Setting up these Things upon Posts; as Bear-batings, Plays, Plague, &c.
Resolved by the Committee, this Commission inconvenient, in the Granting and Execution.
Mr. Solicitor moveth, some of the honourable Persons, about the Chair, may inform the King, that the House judgeth this inconvenient. -
Sir H. Britayne the living Projector; the rest he voucheth dead.
Mr. Gifford: - That Sir H. Britayne had it from Sir Rich Gifford, and he from one Duffeild.
Mr. Solicitor : - That he, that findeth an old Project, and setteth it on foot, is the Projector. - That he had a Trick, to cosen the King's Counsel too; for hath Power to pass it under his Hand to the Seal, without the King's Counsel.
Sir H. Britayne his Petition read.
Upon Question, this Commission, for making free Warrens, Parks, &c. is inconvenient, both in Creation and Execution.
Sir Tho. Row : - That other Commissions, for Fairs, and Markets, and Leets, which were also set upon Posts, may go to the King, at the same Time, when the other, for Sir H. Britayne's free Warrens.
Ordered, Sir H. Britayne shall bring in his Books To-morrow Morning; and Mr. Mynn to bring in, Tomorrow Morning, a Note of the Grants of free Warrens passed by him.
Sir Edw. Coke reporteth, from the Committee for Grievances, that Sir Ro. Townsend hath, in his Patent of Concealments, passed 17 Hospitals. - That this against the King's Book. That no Lay Hospital granted by 1o Ed. VI. - Pitiful, in this Light of the Gospel, Works of Charity should be suppressed. - Knoweth not the Referrees. - That these Concealers have always a monied Man at Hand : - He Sir Sam. Tryon.
Upon Question, the Patent to Sir Jo. Townesend, for Concealments, a Grievance in the Creation, and a Grievance in the Execution.
For Sir Jo. Townsend's Grant, to compound for Tolls, or grant them. - He fetcheth them up by Quo Warranto, to plead - That enforceth them to plead, to a very great Charge. - Never granted, when he Attorney-general, above Five Quo Warrantors, except against Monopolies : Here 200 Quo Warrantor issued: 100 more the now Attorney stayed.
Upon Question, this Patent of concealed Tolls, and Power to grant Tolls, a Grievance, both in Creation and Execution.
Upon Question, the House thinketh fit, and are of Opinion, that all Suits, grounded upon any Patent, or Commission, condemned here, as Grievances or inconvenient, and also all Payment upon Bonds, and other Proceedings upon any of them, ought to stay till further Course taken about them.- -
This benedictum et pacificum Parliamentum.
Sir Ed. Coke: - Dressing of Arms through all England, to be handled here this Afternoon. - Desireth Presence.
Mr. Snelling moveth about the Two Patents for Lights. - Void, because granted to Persons unskilful: And, for Winterdon; because the Suggestion false ; there being a Light-house then there.- - That the Charge raised, exceeding great. - That the Trinity-house offereth to submit themselves to the Proposition made by Sir Edw. Coke.
Sir J. Perrott moveth, the Patentees may enjoy their Patent, till a Bill passed;
Sir Tho. Row, - for the Triniity-house-men.
Sir Edw. Cecill, - for the Patentees.
Mr. Towerson . - That the Trinity-house offer, in the Interim, to maintain the Lights at their own Charge. That the Charge over-great now to the Merchants.
Sir Francis Darcy: - To have this remain till the next Access.
Sir Ro. Phillippes: - Not to dispossess those, which are in Possession, till a Resolution. - At the Hearing, a Suspension resolved. - Was against the Imposition by Patent: Which of great Importance.
Sir Edw. Sackvyle : - Will lay Three or Four Things, of Breach of Trust, to the Trinity-house; wherein -
Moveth a Suspension. Doubteth the Trinity-house will take more by their Courtesy, than the Patentees now do.
Mr. Solicitor: - To suspend it; and to have a Committee appointed, to examine the Rates taken, &c.
Sir Rich. Worseley: - To have no more received in this Interim, than was agreed upon by them ; viz. 1 d. upon a Ton, for Dongeon-nesse, exported; and as much, imported.
A Petition read, from the Cinque Ports.
Sir Edw. Sands: - That the Mariners so discouraged by these Impositions, as will rnuch hinder their Increase, or Continuance. That the Impositions so heavy, as not sufferable.
Mr. Clarke .- - That the Patentees may take but what heretofore was taken.
Sir Ro. Crane, accordant: - For else a Grievance.
Sir Geor. Moore ; To suspend it; and the Committee to proceed, as moved by Sir Edw. Sands.
Mr. Bateman: - That, in Time of Wars, no Lights are to be maintained : Pilots then. - A Grievance, the Imposition upon Mariners and Merchants. - Forced to pay according to the Ton of the Ship, not of the Goods.
Mr. Brooke: - A Committee, to consider of this.
Sir Edw. Cooke offereth to attend.
All the Privy Council of this House, Knights and Citizens of London, Sir Tho. Row, Sir Edw. Cecill -
Court of Chancery.
Mr. Alford: - That the Chancery hindereth Commerce at home. - Many things propounded about the Lord Chancellor. - Thinketh he took Gratuities; and the Lord Chancellor before, and others before him. - Hath a Legyer-book; where 30 s. given to a Secretary, and 10 l. to a Lord Chancellor, for his Pains in hearing a Cause. - Will proceed from Chancellor to Chancery : Will offer Heads, to be considered by a Committee. -
The Chancery to be confined to Breach of Trust, Covin, and Accident. - Not to have our Wills, or Gift of Lands, questioned, where no Fraud. -
Length of Causes, - 23, his; some, 30 Years. - A Mulct in the Civil Law, if hold a Cause above Three Years. - Injunctions, without hearing. -
That Decrees bind not: But Alterations of them: Causes called in Three times. - That this Power too much for any One Man, - Three Judges - - Writ of Error, or Commission of Appeal. - All Causes to be heard openly, and at large: So in other Courts. - To have no Man's Cause heard, as depending upon another Cause. - He was offered, so he would have consented to a Decree, he should have paid nothing. - Had and took a reasonable Composition. - A Decree after entered, where none made ; which cost some after in this House 100 of Pounds. -
Against Masters of the Chancery their Reports. - Lord Chancellor, Master of the Rolls, Masters of the Chancery.
- Houses built, and 600 l. per Annum purchased by One Man, by Report. - That a Judge cannot judge upon Report. - That the Lord now, by his Oath, may judge upon it, because usual. - Fees for every Time, for every Defendant, or Plaintiff. - For Orders; 10s. 20s. 30s. an Order: - Both the Attorneys to agree first upon the Order. - The Committee to consider of the Orders in Chancery ; which 101. - Power left to the Lord Chancellor, to add, diminish. - To have those confirmed by Act of Parliament, which shall be found good. -
That some Masters of the Chancery good, others not so good. - That they desire to be heard. - To abridge the Masters of the Chancery; which are Twelve, and Six or Seven Extraordinary: To reduce them to Six. - Difficulty and Charge of Motions: Writs of Assistance: Close Imprisonment; which close Imprisonment, heretofore, not to go without a Keeper; now, to shut up Three Days, without Meat. - Excess of References: Injunctions : Fines of 2,000 l. a Man set. - A Committee to consider of all these Tilings. - Parties trusted to have their just Charges. - Will give in these Heads.
Sir Ro. Phillippes: - Not ignorant of the unlimited Power and Abuse in Chancery, under which we all groan.
- That those, which stay in Town, may, at a grand Committee, subdivide themselves to these Parts: 1. For Laws obsolete : 2ly, Grievances general: 3ly, Abuse in Courts in Justice; for which hath many Petitions, but few of Weight: 4ly, Of the Two Light-houses: - For a Treaty between the Merchants, Mariners, and Patentees. 5ly, For the Matter of Money, the Want of it. - A Committee, to consider of the old Form of Chancery ; and how now it is ; and what may reduce it into right Course.
Sir Edw. Coke: - Where Jurisdiction, and Abuse; take away the Abuse, leave the Jurisdiction : Where no Jurisdiction, but Encroachment; take them away. - Will mention Four, conceal the fifth ; yet hath, 21o H. VIII. a Judgment of all the Judges in it. -
1. That the Chancery (as in all our Book-cases) can meddle with nothing determinable at the Common Law. From 2 Ed. III. till now, no Book, but some Book to warrant it. - No Titles of Land to be meddled with. 2O Ed. IV. a poor Man could have Remedy against a great Man in the Country ; and had an Act of Parliament, that it might be determined in Chancery, calling some Judges to him, - 15o H. VI. c. 4. that the Chancery, by the Law, can meddle with nothing determinable at Common Law; therefore Sureties there. 3o Ed. IV. Parte 1. Membrana 2. a Confirmation of it. - Four Judges in the Common Law Courts, and, Writs of Error; in Chancery, One Man only: Solivagus : No Appeal. - A Bill to be drawn, to help this. - Humores moti, et non remoti, laedunt corpus.
2ly, Hath no Power, but of the Person: May imprison, cannot take the Possession of his Land : 37o H. VI. - The English Court, no Court of Record ; for the Latin, may: Therefore 22 Ed. IV. 10 H. VII. 27 H. VIII. prove this. For fining; 22 Ed. IV. 10 H. VII. - That Fines are but in terrorem. A Fine, set by Egerton, Chancellor, estreated into the Exchequer, and adjudged void. May fine for a Contempt done in Court. - That Egerton, a great Lawyer, the first Beginner of this. - Now levy this before himself in the Hamper.
3ly, Writs of Assistance: Damnable Things. A Writ of Right can but give, not continue, the Possession ; here, locketh up. In a Writ of Right, may have Error in the King's Bench, or Parliament. - Speaketh not, because the now Lord Chancellor under a Cloud ; for sorry for it; but, as a Free Man, who knoweth what he speaketh.
That in Ed. III. Time not 400 Causes in a Year; now 35,000 in a Year. For this, must have Deputies: References to these : - Knoweth not their Learning, Understanding, or Integrity. - No Judge can, by the Law, make a Deputy. A Clause, by the King, to me, as a Judge, or my Deputy, void, for the Deputy. - Restrain him to meddle with what he, by the Law, cannot meddle withal, this will be helped.
The fifth; will not meddle with it now, yet shewed it to One of this House, under the Hand of Sir Tho. Moore, the Chancellor, &c.
The great Committee to have Power to appoint Subcommittees, to instruct themselves, and prepare these Things against -
Sir Francis Fane: - That not 16,000 Subpoenas in any One Year, as appeareth by his Books.
Sir Wm. Strowde: - That new Offices of Fees, and Courts of Justice, increase Fees: Even the Clerks of Justices of Peace, and all others. - That every one may know what he doth.
House to sit.
Mr. Serjeant Finch and Sir Wm. Bird bring from the Lords a Message : That they desire the House would sit this Afternoon, because, think, they shall have Occasion to send a Message hither.
Assented unto, and Answer sent by their own Messengers.
Court of Chancery, &c.
Sir Edw. Wardor, - about the Fine upon Bowdler and Megges, of 2,000 l. because they could not be found by Chancery, the Serjeant at Arms : - These begged from the King. - Sithence Bowdler hath exhibited his Bill here, for Relief; that the Letters Patent of it, under Seal, remaining with the Clerk of the Hamper, may be stayed there, till further Order here.
Thought fit by the House, that this Patent should remain with the Clerk of the Hamper still, if it be with him; if it be delivered, that Mr. Gibb, the Patentee, may bring in the Grant, to be considered of here.
Sir Jo. Bennett: - Hath no Power, nor Will, to defend the Chanc' - Wisheth Sparing of particular Taxations. Offereth a Petition of the Masters of the Chancery: Which read.
Master of the Wards: - That we can now presently only take Benefit of Remedy against Bills of Conformity. That great Cause to speed a Relief for this, for the present. - To settle this, before our Recess, by Proclamation : To do this first in the Afternoon. - Not to delay remedying here, when - Where so great Cause, having the King's Grace to do it. This to be first in the Afternoon.
Sir J. Perrott moveth, the general Committee may meet upon Thursday next, in the Temple Hall: There the Committees to subdivide themselves: All the Heads to be there delivered. Addeth the Consideration of the Increase of Fees, and Offices, in Courts of Justice. - The Committee to have Power to call for, and consider of, Two Tables; the One, in Curia Wardorum, the other, in the Exchequer.
Sir Edw. Gyles: - To begin with the Fees of Justices Clerks, Clerks of the Peace, Assise, Justices of Assise Clerks ; and then to go upward to the Courts. -
All the Gentlemen, staying in Town, as well named, as not, to be a Committee ; and all Comers to be admitted.
Sir Francis Fane: - To have Consideration also of Lawyers Fees. - They to have Power to make Subcommittees.
The Committee to have Power to send for any Tables, or Persons, in any Courts, Ecclesiastical or Temporal. that can inform them.
The first Meeting to be upon Thursday next, at Eight of the Clock, in this House.
Salisbury's, &c. Bill.
Mr. Berkeley delivereth in the Bill for Salisbury and Kecke.
Newcastle Coal Patent.
Mr. Brandling moveth, that the Patent of Newcastle, for Coals, may be brought in; whereby they have received 500,000 l. And that the Oast-men impose 2 d. upon a Chaldron ; whereby have raised 200,000 l.
Mr. Solicitor. - That this may concern the King: Therefore not to be hasty. - To hear the Newcastle-men at the first Access,
Mr. Brooke: - Sithence the Burgesses for Newcastell gone, to stay this till the next Access.
Master of the Wards : - That the Message by him, from the King, not a Proclamation, but what the House should think fit. - A Proclamation thought fit: - A Draught of it. - To have this now examined.
The Proclamation read.
Mr. Treasurer, Sir Edw. Coke, Master of the Wards, Mr. Chancellor of the Exchequer, Mr. Solicitor, Mr. Crew, Mr. Serjeant Davys, Mr. Glanvyle, Mr. Noye, Mr. Recorder, Sir Clement Edmonds, to go presently into the Committee Chamber, and resolve of this Proclamation.
Mr. Glanvyle reporteth the Bill of Monopolies, with the Amendments; which twice read.
Patent for making Ordnances.
Sir Tho. Row, - against the Saving of the Patent of Iron Ordnance. That anciently Two Furnaces, for making Ordnance, commonly called, the King's Furnaces: The Brownes the chief Makers. Now these must fall to the Ground, and one Crow hath now a Patent for the sole Making of Iron Ordnance. - Not to have Browner put down.
Sir Edw. Sackvyle: - That the Patent granted to Crow, by Reason of the great Quantities daily exported from Browne's, Furnace. That the Merchants take not yearly above 300 Ton per Annum. Crow tied to export none, but is tied to bring them to the Tower; and must sell them at 12 l. a Ton; and is responsible for any Ordnance transported. That Browne hath now (as informed) Dutchmen there, to learn the Casting of Ordnance ; and teacheth them there.
Sir D. Digges : - A Commission from the King, to enquire of the Transportation of Ordnance : He a Commissioner in it. - His Majesty's Pleasure, rather to look forward, than examine backward. - That an honest Project made upon it; viz. to have but Two Furnaces here, and to have always a great Stock of great Ordnance. This certified; and that Browne (having already a Grant from the King, for the sole Making the King's Ordnance) should be One. - That they never certified, that any One should have the sole making; but Two. - Liketh therefore the Proviso, to have the sole Making; but that it should be to Two, and not to One.
Mr. Brooke, - for the Ingrossing; and to leave the Matter of the Ordnance-making to the King. - Engrossetur.
Sir Edw. Coke: - Funditus expellant monopolos, et nomopolos.
The Proclamation, as amended, read, and allowed. Mr. Chancellor of the Exchequer and the Master of the Wards to acquaint the King with this Proclamation; and to return his Majesty Thanks for his gracious Favour, to give way herein.
Mr. Solicitor reporteth the Bill about Recusants Lands, with the Amendments; which twice read : - A Proviso for Purchasers, upon valuable Consideration: A Provision, that every Man, trusted for the Recusants, shall discover the Trust, within Three Months. - Engrossetur.
Mr. Solicitor reporteth the Bill for Welch Cottons, with Amendments; which twice read. -
Mr. Recorder : - That a Penalty desired, upon Transportation, before the Cloths, &c. be cottoned, &c.
Mr. Berkeley: - To have this Penalty inserted, of Forfeiture of the Value of the Cloths so transported. - Engrossetur.
Mr. Solicitor reporteth the Bill of Bankrupts. - To be re-committed : - First Friday next Sitting, Two of the Clock, in the Exchequer Chamber.
Mr. Glanvyle reporteth the Bill concerning Welch Butter, with the Amendments ; which twice read. -
Mr. Guy: - That this Bill impeacheth the Port Towns of the River of Severn ; restraining it only to the Welch Ports, and excluding Bristow, Barnstaple, &c. - To have it transported, as well out of the Ports of England, as out of Wales.
Sir James Perrott, contra.
Mr. Solicitor - with Mr. Guy.
Mr. Price: - Restrained to Wales, because else English Butter might be transported : But they very willing to have it general. -
To be re-committed: - Upon Saturday after next Meeting, in the Exchequer Chamber. Citizens of Bristow, and Mr. Solicitor, added to the Committee.
Mr. Glanvyle reporteth Sir W. Heale his Bill, with Amendments ; which twice read.- - Engrossetur.
Lord Cavendish reporteth Three Bills: 1. For Naturalization of Sir Ro. Douglas: 2. Of Sir Ro. Ayton, and ... Bowy: 3. of Mrs. Dorothy Style. That of Sir Ro. Dowglasse hath Two Amendments. - Engrossetur.
The second, Engrossetur. The Third, for Mrs. Style, Engrossetur.
Sir Tho. Row moveth, the Committee may view, this Vacation, the Clerk's Book : And Ordered.
Mr. Taylor moveth concerning the high Rates of Pardons, Alienations, Writs of Covenant, &c. whereby a great Charge to the Subject, and yet a Loss to the King.
Master of the Wards, accordant. - The Manner how, the Question.
Mr. Chancellor of the Exchequer: - That he overruled in the Raising; and, if this House shall please to use his Service, will report this faithfully to the King. For went against his Heart.
Sir Edw. Coke: - That he ever against this : So the Officers of Alienation but a private in it: But, upon this Rise, One had 1,200 l. per Annum. - That the King loseth 2 or 3,000 l. per Annum. - Comely, that Mr. Chancellor of the Exchequer inform the King, when, upon Perusal of the Book, we shall be of a sure Ground, of the Prejudice to the King, and of the Subject. - That Sir A. Appesley the Man, that put this on.
Mr. Raynscrofte: - That the King lost, in Michaelmas Term, 700 l. last Term, 400 l. That the 1,200 l. per Annum the Cause of this Alteration.
Mr. Alford: - That the King loseth so much, and yet the Subject payeth a third Part more than as before. - To cast therefore the Rise upon the Subject, and then to see, what the King would lose, if the Subject paid now but as before.
Mr. Noye: - Almost 1,000 Fines and Recoveries short, in One Year of that they were before. - The King, with the 1,200 l. per Annum to my Lord Chancellor, loseth now almost 3,000 l. per Annum, of what had Three Years sithence. - Now no voluntary Fines. - To have the Books of the Officers of Alienation viewed.
Sir D. Digges: - That a great Cause of the Decay of Fines, because, of late. Men not suffered, for small Matters, to join in a Fine, without several Fines.
Mr. Ravenscrofte: - That a Gentleman got a Patent of the sole Signing of all Writs of Covenant, Writs of Entry, &c. - That this a great Hindrance to the King's Service. This twice attempted by Sir Edw. Thelluall - That some Attorneys have told him, they would hold by Decree in Chancery, and not care for Fines.
Mr. Wyld: - That in the King's Remembrancer's Office a great Grievance by giving way to Informers: In the Office of the Treasurer's Remembrancer; where these Abuses : 1. Respite of Homage, where the Subject willing to make his Homage: - 20d. to the King, 9s. to the Officer. - Pleadings in the Exchequer ; - Quo Titulo.
Judgment against Monperson.
A Message from the Lords, by Mr. Serjeant Crew, Finch, and Mr. Attorney; That the Lords being now ready to give Judgment upon Sir Geo. Monperson, if this House
will come up, and demand Judgment, or come up, and hear it ; they leave it to the Consideration of this House: And, that the Lords desire a Conference with this House, To-morrow, at Nine of the Clock, in the Painted Chamber.
Mr. Alford: - All to attend the Speaker, and he to demand Judgment.
Sir H. Poole, accordant.
Mr. Hackwyll: - That the Precedents are, that the Commons sometimes have demanded it; and in some Cases, when the Lords have given Part of their Judgment, the Commons have required a Supply; as 50oEd. III. in Latymer and Nevill's Case. - At all Judgments, at the Prayer of the Commons, the Commons present.
Sir Edw. Coke . - That where the Commons complain to the Lords, they judge it; and the Commons present. Therefore Mr. Speaker to go up now, and say to them, that, sithence the Lords have taken Consideration of Sir G. Monperson's, Case -
Sir Edw. Sands: - That, when the Lords have given Judgment, if it be such, as we hope for, and like, we to shew our Liking thereof.
Ordered, All those, which have disorderly gone out, whilst the Messengers here, shall pay 5 s. a-piece.
Mr. Speaker, with all the House, went up to the Lords; and returning, reporteth, that he demanded Judgment against Sir G. Monperson; and that the Judgment of the Lords Spiritual and Temporal, pronounced by the Chief Justice, Speaker of the Lords House: That, having entered into Consideration of the great Offences of the said Sir G. M, complained of to them by this House, did find them all true; and did award, and adjudge, he should be degraded of Knighthood ; which should be performed by the Earl Marshal, if could be found; with Reservation of the Dignity of his Wife: To stand perpetually outlawed: That the King should take his Goods, and the Profits of his Lands, during his Life: To be disabled to bear any Office in the Commonwealth; to give any Testimony, or to be of any Jury : - Imprisonment, during his Life : - To be fined, and ransomed, at 10,000 l. Not to come near the King's and Prince's Court, or any Courts of Record at Westminster, within Twelve Miles: To be excepted out of all general Pardons: To be for ever after a Person infamous. -
That they were not yet resolved of their Judgment for the Residue; but would proceed with all Expedition possible.
Sir Edw. Coke: - That this Judgment very great: - And amplifieth it in Particulars: - Loseth his Goods, Lands, and Liberty, and Honour.