Mercurii, 17 Martii
L. 1a. AN Act to enable Sir Francis Clarke, Knight, to sell certain Lands, for Payment of his Debts, and raising Portions to his younger Children.
L. 2a. An Act for the Confirmation of certain Lands, in Com Wiltes, sold by Tho. Redfurne, Gentleman, to divers Persons, for the Payment of his Debts, &c. - Committed to the Knights and Burgesses of Wiltes, Mr. Attorney Wards, Mr. Coke, Sir Tho. Escort, Sir H. Poole, Mr. Edw. Hungerford, Sir John St. John, Sir Henry Ley, Mr. John Duckett, Sir Edw. Baynton, Mr. John Kent, Sir Tho. Hatton, Mr. Sherfeild, Mr. Liveley, Sir Nevill Poole, Sir Francis Seymor, Mr. Serjeant Digges: - Thursday come Sevennight, in the Court of Wards, Two Clock. Notice to be given to the Feoffees in Trust.
Lord Wharton's Decree.
L. 2a. An Act for reversing a Decree, indirectly, and by Corruption.
Sir Geor. Daston: - Admit the Decree by Corruption, by Lord Keeper Bacon; yet the now Lord Keeper referred the Lease of 99 Years to a Trial at Law, which passed against it. -
Committed to Sir Ed. Coke, Sir Guy Palmes, Sir Jervace Clifton, Sir Max. Dallison, Sir Jo. Walter, Sir Geor. Horsey, Sir G. Gerrard, Mr. Weare, Sir Ro. Phillippes, Mr. Wandesford, Attorney Wards, Mr. Banks, Sir W. Earle, Sir W. Cope, Mr. Lowther, Sir Wm. Masham, Sir Ch. Mountagew, Sir Ro. Hitcham, Sir Tho. Savyle, Sir H. Anderson, Sir Edw. Villyers, Sir Geor. Fane, Mr. Sherfeild, Lord Wriothesley, Sir Jo. Strangwayes, Sir Ed. Verney, Mr. Glanvyle, Mr. Brooke, Mr. Ravenscrofte, Sir Tho. Hobby: - Saturday next Two Clock, in the Court of Wards.
Sir Edw. Coke reporteth from the Committee for Grievances. - Have condemned One, viz. Sir F. Gorge his Patent, for a Plantation in New England. - Their Counsel heard, the Exceptions being first delivered them. Resolved, by Consent - The Charter dated 3o Nov. 18o Jac. - That the Clause in the Patent, that no Subject of England shall visit the Coast, upon Pain of Forfeiture of the Ship and Goods : - The Patentees have yielded, the English Fishermen shall visit; and will not interrupt any Fisherman to fish there: For he no new Discoverer ; Fishermen of this, and other Nations, having fished there before his Patent. Drying of Nets, Salting of their Fish, &c. Incident to their Fishing: Whereunto he also agreed.
After he was gone, after Debate, over-ruled, the Fishermen might take Timber for Repair of their Ships :
1. Quia incident: 2ly, Taken so before his Patent: 3ly, Fishermen never take any Timber with them: 4ly, Bring in great Store of Money for their Fish. -
Resolved, English Fishermen shall have Fishing, with all Incidents of drying Fish, Nets, Timber, &c. -
2ly, That the Clause of Forfeiture, being only by Patent, and not by Act of Parliament, void.
Resolved, upon Question, That the House thinketh fit, the Fishermen of England shall have fishing there, with all the Incidents necessary, of drying Nets, and salting, and packing.
Upon the second Question, in the Opinion of this House, una voce, the Clause of Confiscation void, and against Law.
Upon the third Question, in the Opinion of this House, the Fishermen of England may take necessary Wood and Timber, for their Ships and Boats Use of Fishing there, [a].