House of Commons Journal Volume 1: 28 February 1621

Mercurii, 28o Februarii

Graunt's Estates.

L. 1. AN Act to enable Wintour Graunt Esquire, and Robert Graunt, Gentleman, his Brother, to sell certain Lands, for Payment of his Debts.

Douglasse.

L. 1. An Act for the Naturalizing - Douglasse.

Trial by Battle.

L. 1. An Act for abolishing of Trial by Battle or Combat.

Salt Marshes.

L. 1. An Act declaring the ancient and common Law of the Land, concerning Salt-marshes, inned, gained or lost, by the Sea, or ebbing or flowing of fresh Waters.

Hele's Bill.

L. 2 - Hele. -

Mr. Glanvyle: - To have the Bill committed, in respect of the Prejudice to the Tenants, for want of Leases; which to be helped by this Bill. - That, in some of this Land, some Privileges claimed, which, doubted, not saved by this Proviso. -

Committed to Mr. Glanvyle, Sir Nath. Rich, Mr. Drake, Sir Edw. Gyles, Mr. Cary, Sir Tho. Wyse, Burgesses and Knights of Devonshyre, Mr. Noy, the Prince his learned Counsel: - Saturday, Court of Wards, Two of the Clock.

Words spoken in Committee.

Mr. Towerson. - That, upon Friday last, a Clothier 'cast an Aspersion upon the Company of Merchants, and upon the State. -

That he related, that the Merchant-adventurers gave 170,000l. for putting down of the happy Project of dying and dressing.

But interrupted by the Speaker; because this spoken , at a Committee; and ought not to be spoken of here, without Warrant to report it from the Committee.

Cornewayle Leases.

L. 2. An Act to enable the most excellent Prince Charles to make Leases of Lands. Parcel of his Highness' Duchy of Cornewayte. -

Mr. Alford: - That the Queen Eliz. made divers Grants, which Prince Henry avoided. - That those, which have heretofore compounded, may have their Estates confirmed.

Mr. Wood: - That Two Sorts of Duchy Land in Cornewayle; old, and new, Duchy. - Hopeth, no Meaning to make Leases of the old Duchy. - Have Estates, from Seven Years to Seven Years, to them, and their Heirs. Offereth a Proviso, to save their Estates.

Mr. Noy: - That both these Gentlemen mistaken; for though Contracts about Leases, yet no Leases are already made. For the latter, there is a Saving, which helpeth it.

Sir Edw. Coke: - A noble Intention in the Prince, to strengthen the Leases of such, as shall take them of him. - No Tenant, or Farmer, within this Bill. - The Words, " or otherwise," doubtful; repugnant in itself: - Thinketh it the Clerk's Fault. - Provision for Leases by Deed indented, . . Years, without Waste. - To have it committed.

Mr. Pawlett: - That divers Leases, all ready made; whereof he himself hath One. - Hopeth, the Prince intendeth a Confirmation of what past: Moveth, the Bill may be made so. - Would have the Words, " indented," left out.

Mr. Glanvyle: - Great need of this Bill. - Concurreth with Sir Edw. Coke, for the Words, " or otherwise." - That, for divers Years past, divers have paid the Moiety of the improved Rents. - Incertainty of the Rent, not under Ten Years Value: - No Provision for Leases, if the Prince cometh to be Sovereign. - Moveth, an Addition, that the Dukes, for the time being, may have Power to make Leases.

Sir Jo. Walter: - No hidden Thing in the Bill: No Lease made, but to Mr. Pawlett, and One or Two others, at most. - That this extendeth not to any cessionary Lands. That these States questioned, as many Opinions delivered, they were not good; yet this not stirred by the Prince. That this Bill cannot extend to them. -

That the Word, " otherwise," put in, in the Upper House. Dukes of Cornewayle may come to be, as well by Act of Parliament, as by Descent. - For the Contrariety, alleged by Sir Edw. Coke. -

That not thought fit to extend this to all Dukes of Cornewayle because may be but One Year old; and therefore not fit to give all Dukes of Cornewayle that Power, which fit now to give the Prince; who understandeth his Business, and is almost of Age. That the Prince resolved to let out any Manors, but only the Demesnes; and reserve the Manors to himself. That the Rents of Lands generally, in the West, Ten times more worth : That the Reason, why that Proportion put into this Bill

Sir Tho. Trevor, - for the committing. -

Committed to all the Privy Council, all the Knights and Burgesses of Cornwayle and Devonshyre, all that have spoken, all the Prince's Tenants, of the House, that are Tenants of his Duchy, all the Prince his Counsel, Sir H. Poole, Mr. Liddall, Sir Ro. Phillippes, Sir Peter Haymar, Lord Cavendish, Sir Jo. Strangwish, Sir H. Fane : - To-morrow, at Two of the Clock, in the Court of Wards.

To repair to Committee.

Sir Ro. Phillippes: - That Mr. Noy and Mr. Hackwyll may repair presently into the Committee Chamber.

Publick Bills.

Sir Nath. Rich: - To have between 9. and 10. every Day, set apart for second Reading of publick Bills: And Ordered.

Drunkenness, &c.

L. 2. An Act for repressing the odious and loathsome Sin of Drunkenness, and for the Restraint of the excessive Prices of Beer and Ale.

Sir Tho. Low: - To read the other Bill of Drunkenness, and commit them both together.

Mr. Wood: - To have it rejected, because but a Monopoly.

Mr. Solicitor: - That they in London could not make them keep the Price of 8s. and 4s. per Annum. The Brewers of London, for their 4d. a Quarter, press to have Liberty to exceed these Rates; but brew at 10 s. 12s. 15s. - This Bill to remedy that. - That above Two Parts of Three are Brewers, and Alehouse-keepers.

Mr. Denny: - That an Act of 23 H. VIII. provideth for a Rate to be set upon Beer. That this maketh the best Beer to be at 8 s. where peradventure that Price too high.

.... - That this Bill not needful, for the Reason last, by Mr. Denny. - Inconvenient for Use. - 6s. Beer most dangerous for avoiding the Contract.

Mr. Towerson, - for the committing.

Sir Jo. Strangwayes: - That the Bill encourageth Drunkenness; for now, as the Price of Malt 8s. a Barrel, will make Men drunk.

Sir Francis Goodwyn, - for the committing it.

Upon Question, no Commitment of this Bill, not to be ingrossed : Obdormit.

Grievances - Proceedings against Monperson.

Sir Ed. Coke reporteth from the Committee for Sir G. Monperson. - Thankful for the Unity between King and us, Lords and us, and among ourselves. - That, because this Case concerneth the Lords, as well as us, according to former Precedents, we should address ourselves to the Lords. In E. I. time (who our Justinian) the Commons acquainted the Lords with general Grievances; and they both punished. In Ed. III. time, (a most happy Time) adjudicata Parliament. In H. VI. time Two Precedents; One 2 H. VI. another 31 H. VI. The last of them was Tho. Thorpe, Speaker, imprisoned by the Duke of Yorke; so as, when the Parliament came, no Speaker. The Commons thereupon repaired to the Lords, and the Judges, Assistants there, resolved, the Parliament was to judge that Parliament Matter, and not to be judged by any Judge. Upon Consultation, the Judges delivered Opinion, that, for some Things, in the Vacation, no Privilege. - A new Speaker (Gresham) chosen. -

To go to the Lords; and they to join with us in the Punishment.

Mr. Griffith: - How the Lords shall be satisfied of the Offence of Sir G. Monperson, as we here are.

Sir N. Rich accordeth with the Report; with a Reservation of our own Power to punish it.

Sir D. Digges: - Not to question the Power of this House, but proceed according to the Report.

Upon Question, Resolved, That, for the Punishment of Sir G. Monperson, this House should go to the Lords; and to desire to join with them herein.

Sir Edw. Coke: - Before we go to the Lords, to examine his other Offences. - His Patent of Concealments: A Grant of 200l. per Annum, not in Charge, or for which the King hath no Rent: Of which all that in the King's Possession. So for Advowsons; - and worketh upon these, which Concealers could never meddle with it. So for the Patent for gold Lace. - To charge him home.

Sir Ro. Phillippes, accordant; - and a Committee for it; and the Committee to consider of the way of going to the Lords.

Resolved, upon Question, The further Examination and Recollection of his Offences shall be referred to the former Committee, at Two of the Clock this Afternoon; and they to have Power to send for any, they shall think fit to inform them.

Sir Tho. Wentworth: - To be assured of Sir G. Monperson s Person; for if were - he would bid them good Morrow.

Sir Francis Vane: - To have him sent for.

Mr. Weston: - To have him sent for, and to be forthcoming.

Sir Francis Barrington: - To have him presently sent for by the Serjeant; and the Key, in the mean time, to be sent for, and kept, that none go out.

Mr. Treasurer putteth the House in mind of a great Grievance by Tipper, the Father, and Typper, the Son, by the Patent of Concealments; which now grown hereditary. - That these Commissions set on Foot, merely to vex the Subjects, without Profit to the King. - Now they question an Exchange, made 6o Years sithence, between the Queen and Sir Tho. Smyth upon Pretence, that the Lands, Sir Tho. Smyth received, were not upon Record. - The Queen no ways deceived; yet now Question made for this.

Mr. Chidleighe concurreth; but wisheth a Consideration, what they will do with Sir G. Monperson, who now sent for, when he cometh.

Mr. Noy:- - That some of late have passed, in a Book, Hospitals, and Lazar-houses: - Going into Holborne, the Quest-house there; and find Hospitals in Cornewayle, &c. So Sir G. Monperson hath done at St. Margaret's in Southwarke, for Lands in several Counties. - To have all those sent for, which have thus found Lands in foreign Counties.

Sir Tho. Jermyn moveth, Mr. Typper shall bring in his Patent to the Committee for Grievances.

Sir Edw. Coke . - That Sir Jo. Townesend hath passed away the Hospital of Snape in Yorkeshire, which hath stood many hundreth Years, and stood in Ed. VI. Time, That he may be sent for, to bring in his Grant to the Committee. -

This most prejudicial to the King. The King's Tenures the Tree of his Revenue. - That a Tenure in Chief, in Norfolke, of Lands; which now, upon Composition with Tipper, discharged, and a Tenure in Socage reserved. -

Hath drawn a Bill, that, if the King hath been 60 Years out of Possession, without being put in Charge, he should be barred; and hath provided for the King's Tenures therein. - This to strike at the Root. -

To have all these Patents called in to the Committee, against Friday next, at the Committee; and the Serjeant to warn them.

Sir Edw. Coke: - To have Sir G. Monperson made forthcoming; else the Lords will think it to be Levity; If no Gentleman will undertake for him, then to have the Serjeant attend him.

Sir H. Strange: - Whether he shall kneel at Bar, or not.

Sir Ed. Mountague: - Not to have him kneel yet; because no Delinquent, and a Member of this House.

Mr. Nevill: - To have him kneel.

Sir W. Heale, contra; except he to be charged at the Bar.

Mr. Drury: - A Delinquent, upon his own Confession.

Sir Geor. Moore, contra.

Mr. Alford : - To commit him to the Serjeant.

Sir Nath. Rich: - If we commit him, must do it as to a Delinquent.

Sir Baptist Hickes: - To have him committed.

Mr. Chidley: -

Sir Jo. Bennett: - That he may be stayed, and yet no Part of his Punishment.

Mr. Glanvyle: - To have the Serjeant take the Charge of him, to reserve him for his Punishment.

Mr. Brooke: - To have him committed to safe Custody with the Serjeant, without calling him in.

Upon Question, Resolved, To call him in.

Upon another Question, Resolved, He shall not kneel.

He called in to the Bar; and Mr. Speaker let him know the Pleasure of the House, that, till his Offences fully discovered, he shall, for his forth-coming, remain with the Serjeant; who is required to keep him carefully, at his Peril.

Sir Tho. Jermyn: -