Sabbati, 13 Martii
Ld. Wharton's, &c. Decree.
L. 1a. AN Act for Avoiding of a Decree, procured indirectly, and by Corruption, in the Chancery, between the Lord Wharton, and Dame Dorothy his Wife, and Edw. Willoughby Esquire, and others; and for Avoiding of certain Conveyances, unconscionably and unduly obtained by the said Lady Dorothy from Sir Francis Willoughby Knight, her late Husband.
L. 1a. An Act to enable James Ward, alias Fermor, to sell and dispose a Messuage, and certain Lands, in Ibslocke, within the County of Leycester, for and towards Payment of his Debts, and Provision of his younger Children.
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 Bankrupts, in some special Cases.
L. 1a. An Act to prevent Simony, and Abuse of Elections in Colleges and Halls.
Sir Ed. Coke reporteth the Bill for Pleading in the Exchequer, upon Alienation with Licence, &c. -
That Two testified ; One for 50, the other for 45, Years. Both agreed, the Fee, for the Clerk, 12d. a Sheet, 13 or 14 Lines in a Sheet, for drawing; 3s. 4d. for entering, if but half a Roll; 6s. 8d. for a whole Roll; and as much for the Remembrancer, for examining; 4s. 6d. upon the Judgment. - Commendeth Sir Jo. Osborne, for his Integrity. - In some Cases, the Plea must needs be long. -
Where the Uses, upon a Fine, Recovery, or Feoffment to a Stranger, the Pleading of the Uses for the Benefit of the King; where the Use to the Conusee, and his Heirs, and they agree, there no Pleading at all: And this the most ordinary, -
This Bill amended in divers Parts. The Amendments twice read. - Upon Question, to be ingrossed.
Praemunire against a Member.
Sir Tho. Hobby reporteth, that they find not Sir Tho. Gerrard a convict Recusant.
Sir A. Ingram moveth, to have a Bill of Praemunire drawn, and read here, against him, twice in One Week. Sir Ed. Coke, Mr. Recorder, Attorney Wards, Sir A. Ingram, Mr. Solicitor, Mr. Glanvyle, and Mr. Selden, to draw this Bill.
Sir Wm. Fleetewood reporteth the Bill for Purveyance of Carriages, with Amendments; which twice read. -
Mr. Solicitor: - That an ancient Prerogative to take Carts and Carriages. Question, whether fit, the Subject should come to be Judge between the King and the Subject.
Sir Cha. Morrison sheweth the excessive Pressing upon his Country by Carriages, especially sithence Middlesex hath compounded.
Sir Edw. Coke: - This Part of the King's Prerogative, with which we deal. - Not to do this without Precedent: which 25o and 36o Ed: III. where, if the Purveyor and Party cannot agree, the Constable, and other good Men, are to set down the Price. - The Justices of Peace of better worth, and but Tenants at Will to the King; who may, at Pleasure, put them out of Commission.
Mr. Alford: - To take into Consideration the Commissions for Composition. -
Upon Question, Engrossetur.
Concealments: - Tuesday in the Afternoon, Court of Wards.
L. 3a. An Act concerning Monopolies, and Dispensation with penal Laws, and the Forfeitures thereof: - Upon Question, passed.
King appoints to be attended.
Mr. Attorney-general and Sir Ed. Salter bring from the Lords this Message: That the Prince his Highness hath this Morning declared to them, that the King's Majesty is well pleased, that the Committees of both Houses, agreed upon Yesterday, shall attend him To-morrow, at Two of the Clock in the Afternoon, at Whytehall.
Thanks to Lords, &c.
The Messengers called in, Mr. Speaker delivereth them Thanks from the House, to their Lordships, for their good Correspondence; and that we will attend his Majesty at the Time and Place appointed.
Sir Ro. Phillippes: - To certify the Lords by Message, 1. Of our Thanks for their Correspondence Yesterday, in passing -
2ly, That, after That, Yesterday agreed upon, delivered, the King may be moved presently to declare himself.
Bill of Monopolies to be carried up alone; and Mr. Glanvyle to carry it up, well attended, and with a special Recommendation from this House, of the good Affection thereof unto it.
Person to be examined, &c.
Mr Recorder, Sir H. Spiller, Sir A. Ingram, Mr. Fanshaw, advised to examine Sir Tho. Gerrard's Man, and to administer the Oaths of Supremacy and Allegiance to him, if they find Cause : And Sir Pet. Hayman to go with them, and advise them.
Duchy of Cornewayle.
L. 3a. An Act to enable the most excellent Prince Charles to make Leases of Lands, Parcel of his Highness' Duchy of Cornewayle, or annexed to the same: - Upon
Question, passed: And ordered to be presently sent up alone.
Mr. Treasurer to deliver it, well attended.
L. 2a. An Act for Confirmation of the Foundation of the Hospital of King James, founded in Charter-house, in the County of Middlesex, at the humble Petition, and only Costs and Charges, of Tho. Sutton Esquire, and of the Possessions thereof.- -
Sir J. Perrott: - Not fit to let them have Power to give Oaths, or to make Laws.
Sir Edw. Coke : - Above 4,000 l. - 500 l. per Annum, upon the first Foundation; established upon the Corparation. - To commit it.
Committed to Sir Edw. Coke, Mr. Alford, Mr. Sawyer, Sir J. Perrott, Sir H. Mildmay, Mr. Mohun, Sir Nich. Tufton, Sir B. Hicks, Sir W. Pye, Mr. Recorder, Sir H. Poole, Sir Jo. Walter, Mr. Solicitor, Sir Tho. Trevor, Mr. Glanvyle, Sir Tho. Middleton: - Tuesday, Two of the Clock Afternoon, Court of Wards.
Ly. Dudley's Estate.
Lord Hobart, Sir Ed Salter, bring from the Lords, a Bill to enable Dame Alice Dudley, Wife of Sir Ro. Dudley, Estate, to assure her Estate in the Manor of Killingworth, and other Lands in the County of Warwicke, for valuable Consideration, to the Prince his Highness, and his Heirs. -
And, the Greatness and Eminency of the Prince his Person considered, they have sent it alone.
L. 1a. An Act to enable Dame Alice Dudley, Wife of Sir Ro. Dudley, to assure her Estate in the Manor of Killingworth, and other Lands in the County of Warwicke, for valuable Consideration, to the Prince his Highness, and his Heirs.
Mr. Attorney-general and Mr. Serjeant Crooke bring from the Lords a Message; That the Lords have commanded them, out of their Desire of Correspondence, to signify, that, where Lord of Canterbury is To-morrow to deliver the Answer from both Houses; which must needs have a Preamble; and, for that the Lords would have nothing, but in Writing, desire therefore, the Committee, Yesterday, may presently meet theirs, to agree upon a Preamble to this Answer.
Agreed, the Committee shall presently go up ; but to agree to nothing, till the House be acquainted: - For which Purpose, the House is to sit till their Return.
Mr. Solicitor to make the Report back.
Answer, by the Messengers: Our Committees shall presently come up into the Painted Chamber, as desired.
Sir Edw. Coke reporteth from the Committee of Grievances, of a Patent, made . . Sept. 21 Jac. made to Sharpy and Hedley, of a new Office, of Survey of Sea-coals in Newcastle. - A Survey of all the Sea-coals, to be spent within the Realm : - Of a native Commodity, to be made within the Realm : - And, of Fire. - They have 4d. for every great Chaldron of Coals they shall survey, amounting to 3,200l. per Annum. This granted for 21 Years. The King hath proceeded herein most carefully and honourably. Learned Counsel were the Referrees, who held it good. - This an Imposition upon some Commodities; which the King himself disliked. A former Patent, in this Kind, to Boyle; and another, also revoked. A Proviso in this, it shall be void, when Six of the Council shall declare it unfit. - Roger Tyler a Surveyorship of all Vinegar, Mustard, and Hops : This overthrown. Surveyor-ship of Lead, in like Manner. - Resolved, to send for these Patentees, and for . . Cottam, their Register, to be here in Easter Week ; and to bring their Patent, and by Counsel defend it. - That the now Duke of Lennox hath sent under his Hand, that, giving him convenient Time, he will take Order, the Patent shall be here. That they have already made 40 Surveyors under them.
Ordered, Sharpy and Hedley to be sent for, and Cottam, the Register, to be here on Friday in Easter Week, with their Patent.
And the House thinketh fit, that, till further Order taken, the Patent be not put in Execution.
Sir Jo. Savyle: - That the King hath referred this to the King's learned Counsel, upon whose Opinion the King hath granted this Patent. - To have them sent for.
Sir Edw. Coke: - Knoweth not, who the King's Serjeant 13o Jac. but taketh it, Bacon and Yelverton were then Attorney and Solicitor.
Resolved, To let this rest.
Mr. Solicitor reporteth from the last Committees of both Houses, that the Preface not yet put into Writing. That Lord of Canterbury began with the Respects of the Lords to this House, which the Cause of this Meeting. That the Substance of what he intended for an Introduc-
tion, was, first, to give Thanks to God, in the Name of both Heuses, that had given us such a King, that would speak, and be spoken to by his People: - Thanks to the King, for being so sensible of the Insincerity of the Nation he had last treated with. -
That the Lords sit till our Return, to signify our Allowance, or Disallowance, of it.
This, now reported by Mr. Solicitor, for the Introduction, generally allowed.
Mr. Fanshaw: - That they find no Cause to retain Sir Tho. Gerrard's Man. - To be discharged.
Sir Edw. Sands: - That the Company of the Merchant Adventurers may bring in their Two Books of Account, and their Court Book of Orders. - Resolved, To be brought upon Monday next, sedente Curia.
Person to attend.
Desired from the Committee of Trade, that one Nicholson, the Inventor of the pretermitted Custom, shall come in Thursday before the Committees for Trade; and his Patent. - Resolved.
L. 1a. AN Act for Establishing of some Manors, and other Lands, in the several Counties of Cornewayle, Devon and Dorsett, upon John Mohun Esquire, Son and Heir apparent of Sir Reynold Mohun, Knight and Baronet, according to the true Meaning of certain Agreements between them had and made.
L. 2a. An Act for securing the Lordship or Manor of Goteland, alias Gothland, and the Tenants of the same, under the most excellent Prince Charles his Highness, from the Incumbrances of Sir Rich. Ethrington Knight.
L. 2a. An Act for Continuance and Repeal of Statutes.