House of Commons Journal Volume 1: 27 February 1621

Martis, 27o Februarii

Lands in Westmorland.

L. 1. AN Act for enabling and Confirmation of certain Lands and Tenements, within the County of Westmorland, to be customary Lands, and Tenements of Inheritance, according to the Purport of Decrees heretofore made, within the Space of Two Years last past, in the high Court of Chancery, or within Seven Years hereafter.

Distillers, &c.

L. 1. An Act for relieving of the Distillers, and Sellers of Aqua Vita, Aqua composita, and other strong and hot Waters, in London and Westmymter, and the Liberties and Suburbs thereof, and within Seven Miles Compass of the same.

Coal Trade.

L. 1. An Act for the free Traffick of Sea-coals, Stone-coals, and Pit-coals, in and out of the Counties of Durham and Northumberland, acquitted and discharged.

Members absent from Communion.

Sir Geor. Newman : - That he was sick, when he received the Communion.

Sir J. Perrott : - That Sir Ro. Bennett, Sir Tho. Smyth, Sir Edw. Barrett, Mr. John Browne, Burgess for Gloucester, Sir Geor. Newman, Lord Fawlkeland, Sir Jo. Skydmor, Mr. Pelham, beyond Sea. -

Collection.

Giveth Account of the Collection.

The Collection to be distributed to the Poor, at the Discretion of the Five Gentlemen, trusted with the Oversight of receiving the Communion;

Preacher, &c. thanked,

And the same Persons to thank Mr. Dean and Prebends, and Mr. Dr. Usher, and Request to be made to him, from the House, to print it.

Leave of Absence.

Mr. Speaker moveth, for Sir Walter Pye, a Justice of Assise in Wales, to have Liberty to go that Circuit: And granted.

Bills of Grace.

Mr. Clarke moveth, the Bills of Grace may be delivered to Mr. Solicitor; and he to take the Care, both of them, and of the rest, which are wanting; and he to move those for them. - Resolved.

That for Wales, delivered to Sir Tho. Trevor.

Debts.

L. 1. An Act for Restraint of Abuses, in levying of Debts for common Persons, in the Name, and under the Prerogative, of the King.

Salt-marshes.

Sir Hamonde L'strange delivereth in a Bill, to declare the Law concerning Salt-marshes.

Sea-marks, &c.

L. 2. An Act for the Explaining and Enlarging of a Statute, made in the 8th Year of the Reign of the late Queen Eliz. intituled, An Act concerning Sea-marks, and Mariners. -

.... - To have the Committee take Consideration of the Privileges of Kingston upon Hull, &c.

Mr. Denny : - The Light-houses of great Consequence to avoid Ship-wreck. - Is for the Bill: - For the Trinity-house who skilful; and against the Patentee, who altogether unskilful: and have made a great Exaction and Oppression. Exacteth Ten times as much as [the] Trinity-house did. - Is against the Recompence prayed by this Act; and that the Trinity-house may be tied to maintain the Light-houses.

Mr. Lovell, - against the Bill. - That they deal not fair : Speak only of the Light at Winterdennesse; yet include all other Light-houses, except One. - Not to have this to extend to another Light-house at Dungeonnesse in Kent; where about 40,000 l. lost in One Year, and many of his Majesty's Subjects sithence. This set up by the Consent of the Trinity-house, and nothing exacted for it.

Sir Ro. Killigrew, - against this Light of Dungeonnesse.

- Take Twenty times as much as before; so more grievous, than Winterdownenesse. - For the committing of the Bill, wherein he disliketh some Things.

Sir Edw. Sackvyle : - That this a Monopoly in the Hands of the Trinity-house. - That, by their Charter, a Warden and Assistants : These the elder Brothers; all the rest of the Shipmen of England, younger Brothers, made by them. They demand 7d. upon a Ton, for all Ships come up the River. They exact for balancing of Ships. - No Reason, why the Trinity-house should have the sole Power of Light; for then no Lights, but where they will, and when they will. - That some Gentlemen of every Country may be Commissioners in it.

Sir James Perrott: - That this but a private Bill. - Moveth, the Counsel for the Patentees may be heard at the Committee.

Mr. Guy, - against the Generality of the Bill. - He for Bristow, where the Mayor and Aldermen have Admiral Jurisdiction. - Would have that excepted.

Mr. Glanvyle: - Speaketh not against the Body of this Bill, but against the Frame. Reciteth the Statute of 8 Eliz. wherein no Negative, nor intended by Statute.

- That they plague the Mariners at their Pleasures. Sir H. Manwaring: - That no Man so much Power in this, as the Lord Warden of the Cinque Ports. - Would have this reserved. - A Pilot cannot be for all Places.

The Trinity-house-men the best Seamen generally; yet when they come to the Downes, they have a Pilot.

Mr. Alford: - The Admiral Court have no -

Mr. Chancellor : - Wisheth a Care, not to take away a Monopoly in singular, and make a Monopoly in general.

Sir George Moore: - That, if the Trinity-men have abused their Power, given them by the Statute, no Reason -

Sir Rich. Worseley: - To have the Patent brought in for Dungeonnesse.

Both the Patents to be brought in, and they to be heard by their Counsel. -

Bill from Lords.

Lord Chief Baron and Mr. Justice Haughton bring, from the Lords, a Bill, concerning the Prince his Highness, intituled. An Act to enable, &c. -

Sea-marks, &c.

Committed to all the Privy Council, all the Burgesses of the Ports, all that have spoken, Mr. Clench, Mr. Alford, Sir Charles Howard, Sir Edw. Cecill, Barons of the Five Ports, Mr. Murray, Mr. Crew, Mr. Wrightington, Mr. Noye, the Knights of Maritime Counties, Mr. Solicitor, Sir Wm. Pittes, Mr. Cooke, Sir Ro. Phillippes, Mr. Pitt, Sir Jo. Strangwaye, Mr. Cary: - Saturday next. Exchequer Chamber, Two of the Clock.

Cornewayle Leases.

L. 1. An Act to enable the most excellent Prince Charles to make Leases of Lands, Parcel of his Highness' Duchy of Cornewayle.

Grievances - Monperson's Patents.

Sir Edw. Coke: - The great Committee have condemned Patents for Inns, Ostryes, and Ale-houses, to be Grievances, both in the Original and Execution.

Sir G. Monperson Yesterday heard; who confessed to be the Projector of this great Grievance for Inns. - Oratores novi, stulti, &c. So would the old Sages of the Law say. - Projectores novi, stulti. - A general Project through all England and Wales. - Shall never see any such general Grant good.

That this Project against his Majesty's Book; which condemneth all Monopolies, and Powers of Dispensations; and commandeth them not be sued for: Which for clearing the King's Honour. - That this done to the general disheartening of the Justices of Peace. Menacing and unfitting Letters written from him to the Justices of Peace. -

This also to the grievous Oppression, not only of Inn-keepers but all Passengers; out of whom that was to be raised, which the Inn-keepers paid : So concerned all the

Subjects of England. When the People diminished, or brought low, a great Prejudice to the King, and Kingdom. - Oppression placed between Plague, and Vexation.

This the greatest Oppression, under Colour of Justice, to do Injustice. - Multiplicity of Process against poor Men : Outlawed by hundreds, one after another: The

Reversal thereof great Vexation, and Charge. -

Remembereth a Precedent of Empson, who hated of the People, and indicted, because, upon penal Laws, he outlawed them, and then fined and ransomed them ; whereby the People terrified, to the great Danger of the King. -

Hath petitioned the House, and therein offered to make what Satisfaction this House shall please.

Sir Ro. Phillippes: - As Sir G. Monperson's Fault peccatum universale, so peccatum originale. - To defer the Censure till To-morrow Morning, because the Time now so far spent; to the end we may advise the better of it; and that, in the mean time, some may be employed, by Precedent, to search, what the best Course of Proceeding.

Sir Edw. Sackvyle, concordat: - For not to attempt anything, which not for the Honour of the House. - To join with the Lords in the Punishment of so general a Grievance.

Mr. Pym: - To defer it; for that he charged with divers other Patents and Faults, besides this: Therefore to look into the uttermost of his Faults first. Four Faults in his Patents of Inns, not yet confessed, 1. Compositions with Men, that they might be quiet: Blank Processes : Altering of Returns in his Office: His Patent of Concealments. - Denied he had any; but a Grant, where no Rent answered to the King : Wherein a great Abuse to the King. - Hath left out the King's Surveyor, contrary to Order of the Exchequer, warranted by a Privy Seal : Hath, by Colour of this Grant, found Hospitals, Market-houses, Advowsons, where no Rent can be reserved; Lands, granted absque compoto; Lands, holden in capite: Whereby the King much deceived. - A special Committee, to view these Things, and report them to the House.

Sir Geor. Moore: - That we have lately given a Judgment here ; therefore doubtful, going to the Lords may prejudice us. - The Committee to consider of Precedents, and then to resolve.

Sir Edw. Coke: - Question hath been made, we here could not sentence Sir Francis Michell; sithence that he did, was not, sedente Parliamento. - When he Speaker, the same Question moved. Nicholles, a Deputy Purveyor, Nephew to him, that was hanged for Abuse in Purveyance : He charged, with many Grievances then in this House, done before the Parliament: Resolved, if he called hither, and defend it: for his Defence, he is to be here punished. Michell came in, as a Counsellor, and justified it; and his Petition arrogant and presumptuous.

Will set this out at large, and deliver it, to be kept for a Memorial in this House. - Ferrys his Case. - Sent for both the Sheriffs of London, and committed them both to the Tower, for refusing to deliver One, they sent for. - Yet moveth to respite this for further Advice.

Mr. Hackwyll, Mr. Noye, Mr. Alford, Mr. Glanvyle, Sir Tho. Row, Mr. Recorder, Sir Edw. Coke, Sir Ro. Phillippes, Sir Edw. Mountague, Mr. Pyme, Mr. Crew, Mr. Cooke, Mr. Brooke, Sir Sam. Sands, Sir Jo. Walter, Sir Dudley Digges, Sir Geor. Moore, Sir Edw. Sands, Sir Edw. Cecill, Sir Ed. Sackvyle, Sir H. Fane, Master of the Wards, by Search of Precedents, and otherwise, to consider, and report, what is to be done by this House in this Matter for Sir Gyles Monperson.

Sir Edw. Sands: - To have Two appointed to go this Afternoon to the Tower, and search the Precedents there. - Nominateth Mr. Noye and Mr. Hackwill for that Purpose. - Agreed.

Sir Francis Seymour: - That he was the other Day questioned by a Member of this House, for speaking what he did : - Will now speak more. - That an Order was made, to question the Referrees. That the King grounded his Grant upon their Opinions; who cannot pretend Ignorance, being of the Profession, whereof they are. -

To have a set Day, when these Referrees may answer for themselves; and, if then prove guilty, not to have their Punishment spared. This for the Honour of the King, and Good of the Subject; and will clear those Referrees, which innocent, and discover the Residue.

Mr. Noye and Mr. Hackwyll, after Search in the Tower, to inform the Committee; that they may report to the House To-morrow Morning.

Sir Nath. Rich: - To name a select Committee, to collect the Particularities and Circumstances of Sir G. Monperson's Offence ; and to have the Residue of his Offences, mentioned by Mr. Pym, to be examined.

This to be done by the former Committee.

Sir Tho. Wentworth: - That we have sufficient Matter already. - To give him Time, is to give him Life. - To proceed therefore with Speed.

Master of the Wards : - Here is a Projector, and a Patent: - He had had no Patent, if the Referrees had done their Duty. - To remember therefore the Referrees, and so to clear the Honour of the King. To have the original Petition, Answer, and Certificate, viewed. - Moveth, upon every Report, the Referrees may also be examined, and reported; which may save the King's Honour. - As some Mens Case now, may be his own Case hereafter. - Moveth, the Referrees, in this Particular for Inns, may be now examined. - To know of Sir Gyles Monperson, who drew the Book (for with him the Certificate remaineth) and where the Petition is.

Sir G. Monperson brought to the Bar, not kneeling, demanded by Mr. Speaker, to whom his Petition referred. Being demanded, where the Petition is; saith, he knoweth not; but hath a Copy of it.

Being demanded, to whom the King referred it; - That the King referred it to my Lord Chancellor; who returned to the King, that he desired not to do it single : Whereupon the King referred it to Lord Chief Baron, Justice Crooke, Mr. Justice Nicholles, and, he dying, to Mr. Justice Winch : To these the Reference for Matter in Law. -

Then the Point of Conveniency referred to Earl of Suffolke, Secretary Winwood, Secretary Lake, and Mr. Serjeant Finch. -

Confesseth, the first Certificate made by Lord Chancellor, with the Judges aforesaid. -

The second Reference was to the Lord Chancellor, that now is, then Attorney; and to the now Lord Treasurer, then Recorder of London. -

Confesseth, the first Certificate, for Law, by Word only, and not in Writing. -

That, for the Point of Conveniency, Lord Suffolke, now Lord Chancellor, Lord Treasurer, Sir Tho. Lake, and Mr. Serjeant Finch; and, if they thought it fit, then to have a Book drawn for it.

Charged, by Mr. Speaker, to attend the Pleasure of the House every Forenoon, de die in diem, till licensed.

He moveth, he may remain in his own House; and will be ready, at all times, to attend, when he shall be commanded: And granted to him.