Mercurii, 7o Martii
Beckingham's Jointure, &c.
L. 1. AN Act to enable Stephen Beckingham, Esquire, to make a Jointure for his Wife, and to provide Portions for his younger Children.
L. 1. An Act for the Naturalization of Wm. Herberte.
L. 1. An Act for the Repairing of a decayed Bridge over the River of Awn, near the Town of Tewkesbury, in the County of Gloucester.
L. 1. An Act for the Improving and better Ordering of Commons, Inter-commons, and waste Grounds, for the Good of the poor Commoners, and all interested therein.
L. 1. An Act for the Discharging of Fines, set upon Sir Jo. Gage Knight, Sheriff of the County of Cambridge, 7 Jac. by Commissioners of Sewers.
Sir H. Poole reporteth the Bill concerning Informers, with Amendments.
Sir Tho. Ryddall: - To have Mr. Attorney bound. - So Mr. Secretary.
Mr. Alford, and Mr. Solicitor, contra.
Sir Edward Sackvyle: - Not to trust any; for all may err. - So Sir Francis Barrington:
Sir H. Poole: - Doubteth, this will marr the Passage of the Bill. - So Sir Tho. Wentworth. - To mend Things by Degrees.
The Bill to be re-committed; and the Committees to meet presently.
L. 2. An Act for making the Arms of this Kingdom more serviceable in Time to come.
Sir Geor. Moore: - Necessary to make a Law for this; for great Incertainty, and great Charge to the Subject by it; for nothing certain, but the Muster-master's Fee. - To have the Blade of the Sword so long; else will be question about the Hilt. - Excepteth against the Word " Pistol-proof." - To make the Bill but a Probationer.
Mr. Alford: - The Council, about Ten Years sithence - Letters written, for buying Arms of one Nicholson. - That the Armourers may be called. - That Vexations to the Subject, great, - To commit it.
Sir Edw.... - To the Standard either to be gratis, or a certain Fee to be set down. - Ever till now, Statutes, what Arms every Man should find. - To have a Law now made to that Purpose. - Better to live under severe Laws, than any Man's Discretion. -
The Statute of Queen Mary repealed all; That being repealed, all the former Laws step up. - A Proviso in this Act, to repeal the Statute Ed. I. and all other Statutes, for finding Arms. - Not to make this Law perpetual; but, till the End of the next Session of Parliament.
Mr. Secretary: - To have it a Probationer; but to give a longer Time ; for else another Parliament may come, before this come in Effect. -
To have a new Act made here, for those Things moved by Sir Edw. Coke.
Sir H. Poole moveth, there may be Provision so made, as it may make no Monopoly.
Sir Edw. Cecill: - Aimed at nothing in this Bill, but the Good of the Commonwealth. - It is only to order the Armourers, for their Sizes ; and not to charge the Subject.
Sir Wm. Strowde: - Doubteth, the Muster-master will find most Arms unserviceable. Mr. Carvyle -
Committed to all the Privy Council, Sir Edw. Cecill, Lord Cavendish, Sir Edw. Gyles, Sir Rich. Weyneman, Mr. Carvyle, Sir John Jephson, Mr. Alford, Sir O. Luke, Sir Tho. Finch, Lord Clifford, Sir Geor. Moore, Sir Wm. Strowde, Mr. Drake, Mr. Crew, Sir Rich. Morrison, Lord Wriothesley, Sir H. Manwaring, Sir H. Withrington, Sir Rich. . . . Lord Lisle, Mr. Brett, Sir Edw. Sackvyle : All that will come to have Voice : - On Saturday next, at Two of the Clock, in this House.
This Committee to draw a Bill for finding of Arms, and for Muster-masters.
The Committee to meet, for the Bill for Fishing, on Friday next, at Two of the Clock, in the Exchequer Chamber.
Mr. Alford: - Not to admit any Committee, from the Convocation-house, to meet with our Committee. To hear them at the Committee, by their Counsel, or by themselves, as Parties interessed. - And Resolved.
Mr. Crew, - for Direction, either from the House, or by a special Committee to be appointed.
Sir Ro. Phillippes; - To defer the Conference Tomorrow: For shall not be ready. - A Message to the Lords, to defer it.
Sir Edw. Coke, contra: - For we have enough against him: - Need seek no more. - Hath read all the old Authors, and all the Books of the Law, and all the Acts of Parliament, printed, and not printed : Never found it questioned, till that written in Capitulis Itineris. They might question it; as thinketh. Justices of Assise now may. -
That, when he Attorney-general, one Hipwell came to him, for a Licence to set up an Inn. Demanded, who questioned him: For, if Inns by Licences, those Licences would have been of Record: Yet got a Licence; which was the first. - Knoweth not, but a Man may set up an Inn, without Licence ; which, if it be in an unfit Place, &c. may be suppressed.
Mr. Noy: - The Question, whether the Liberty of keeping an Inn be a Franchise. If a Trade, no Licence. Urged by some, that a Franchise : Inns never meddled with by Leets; ergo, they say Inns under the Eyres.
But answered, in Search of all the Eyres, no such, Claim, nor Licence to keep an Inn. Objected, a Record in King John's Time, that such a one gave the King 10 Marks, that he might hospitare terram suam: - Which was indeed, but to let it out by Parcels. -
Another Inference, out of the Statute of 5 H. IV. that the Kings shall assign to Strangers their Ostes. -
Another Objection, of Inconveniency: Because an Innkeeper a publick Minister of the Realm ; must lodge all that shall come to him, and keep their Goods safe : therefore necessary to have a special Oversight hereof; But so hath a Skipper and Carrier. - That lawful to keep an Inn (keeping Assise and good Rule) but Cause to remove his Sign, or Mark, upon keeping ill Rule. - No Licence ever ancient in this Case. The Judges have resolved almost this Case; viz. the Case of Dove-houses ; the Reason whereof serveth also in this Case.
Sir Edw. Coke: - That, in Hipwell's, Case, he advised with divers Judges; who resolved, no Licence needful.
Mr. Recorder: - That in 3o Ed. IV. an Act of Common-council about Gold-drawers: - Witnesses, for 60 Years, that gold and silver Wire made.
Sir Edw. Coke: - That the Prohibition of Importation of gold and silver Thread, against the Law.
Mr. Solicitor: - If this a Manufacture newly invented, it may have a Patent of Privilege for some few Years.
Mr. Mallett: - This Patent a Grievance an origine, because prejudicial to the Silk-men, and other ancient Trades. That no longer Time of Privilege, than whilst they may instruct others in that Manufacture.
Mr. Brooke: - This a Grievance originally; because not a new, but an old, invention.
Mr. Serjeant Towse: - No Question, but that, and the Prohibition to import a Grievance.
Sir Sam. Sands: That the Witnesses at the Door, called in, will clear, that this an ancient Trade.
Mr. Noye: - Printing, a Monopoly in all Nations, but for a little Time; now enlarged, by Means of the Jesuits, who have got the sole Liberty of printing those Books. - 21 Years too long for Privilege, upon a new Invention; for Seven Years to learn the Trade, and then, for Fourteen Years after cannot use it.
Commissions of Oyer and Terminer, upon a Proclamation.
Thomas Willyams, - that he hath made gold Wire 20 Years; and his Master, 20 Years before him ; and hath known divers so do.
.. . Herenden, a very old Man, - that he hath made gold Wire above 50 Years, and divers others ever sithence; and that he made it to sell to divers, particularly to Mr. Ro. Mountague.
Upon Question, Resolved, The Patents, 9o, 13o Jac. the Two Proclamations, Commissions, and the Indentures 16 and 18o Jac. to be Grievances, both in the Creation, and Execution; without One Negative.
Mr. Hackwill: - That comparing the Grant for Concealments, he findeth it concur with former Precedents. - Desireth, some other, learned in the Law, may be joined with him; Mr. Cooke and Mr. Pymme being now his Assistants, who are no Lawyers.
Sir Jo. Walter, and Mr. Serjeant Towse, Mr. Noye, Mr. Carvyle, Mr. Writtington, and Mr. Wentworth, Mr. Digger, to join with Mr. Hackwyll in Conference and Advice.
Sir H. Poole reporteth from the Committee of the Bill of Informers.
The same re-committed, to be handled upon Monday next, in this House.
Sir H. Strange: - That the Ring Lotteries are still in Norfolk and Suffolk.
Mr. Secretary: - That there is a Proclamation ready.
Leave of Absence.
Mr. Denny hath Liberty to go into the Country, for 8 or 10 Days, in respect of his Wife's Sickness, and other his especial Business.
L. 2. AN Act for the Grant of Two intire Subsidies, granted by the Temporalty. -
Mr. Noy: - Whether it will be good for us, to consent to determine this Session of Parliament now in March; whereby we shall lose almost all our Labour past; for, in the Session following, we can meddle with nothing done in this. Also, the Continuance, and determining, of Statutes resteth upon the End of this Session , which not possible to prepare against the 20th of March. Unfit therefore, to have this Subsidy determine the Session. -
The next Question, how this may be remedied, by adding a Clause in the End of this Bill of the Subsidy ; whereby we may request, the King, by Commission, or otherwise may give his royal Assent. -
11. R. II. this was thus done: and that Session lasted long after the Payment: -
.. H. V. an Act -
8 H. VI. a Fifteen granted, payable at Christmas: The Session continued long after. -
1 H. VII. Sess. 4. an Act made in the Beginning of the Parliament, for restoring divers formerly attainted; which sat all that Parliament after. -
23 H. VIII. the like. -
Moveth the Committees may take Consideration, and add some Petition to the King, for his royal Assent.
Mr. Hackwyll: - 1o Mariae, in the Precedent Book, a Bill passed ; yet the Session continued. So in Sir Tho. Sherley his Case.
Sir Tho. Trevor moveth, a Conference with the Lords about it.
Mr. Solicitor: - To have a Proviso, drawn by Mr. Noy, to be read.
Mr. Mallett: - That the Act of Subsidy differeth from all the other Precedents vouched; because the Subsidy ever the last Act, and ever returned from the Lords hither, and carried up by the Speaker the last Day of the Parliament. - Moveth, the deferring of it till a further Time.
Mr. Glanvyle: - Difference between an Adjournment (which both Houses may do for moderate Time) and Prorogation. -
Two Courses : The safest Course, a Proviso; though thinketh the Law to be, that the Royal Assent to a Bill, without a Prorogation, endeth not a Session. But, to avoid all Questions, thinketh best to have a Proviso: Yet now to defer it, because the Number few here.
The Petition, drawn by Mr. Noye, read.
Sir Tho. Trevor: - That Wales hath not yet paid the Subsidy granted 7o Jac. - Desireth, they may not be charged with this Subsidy, till that be paid, - Generally denied.
Sir James Perrott, concordat.
Sir Ro. Phillippes : - To commit the Bill.
Sir Edw. Mountague: - That this last Addition, drawn by Mr. Noye, should have been in the Bill.
The Bill, with an Addition tendered by Mr. Noye, committed to the whole House.
About committing a Proviso for Wales, the House divided:
Tellers for the Noe: Sir Jerome Horsey, Sir Francis Goodwynn,
- - - - for the Yea: Lord Cavendish, Sir Francis Barrington,
With the Yea, 94.
With the Noe, 66. -
Committed to all the Privy Council, Sir Edw. Mountague, Sir Rich. Tichborne, Mr. Noye, Sir Ro. Phillippes, Sir Tho. Howard, Lord Wryothsley, Sir Jo. Brooke, Sir Francis Goodwyn, Sir Nath. Rich, Sir H. Fane, Sir H. Manwaring, Sir Tho. Wentworth, Sir Wm. Brereton, Sir Geor. Moore, Mr. Solicitor, Sir Peter Hayman, Sir Francis Barrington, Mr. Jo. Murray, Sir Peter Fretchwell, Sir H. Withrington, Sir Edw. Sands, Lord Cavendish, Sir Francis Darcy, Sir James Perrott, Sir Tho. Trevor, Sir W. Heale.
And upon Question, Resolved, That besides these, all that will come, to have Voice : - Saturday, Two of the Clock, in this House.
Mr. Hackwyll reporteth, that the Opinion of the Committee is, that the Warrant of Concealments, under the Great Seal, is a Grievance in origine, et in executione.
That they found divers inconvenient Clauses in it; as, that, upon his Dislike of any Parcel, found by him upon Inquisition, he may then have other Lands : An unusual Power to his Commissioners, to fine or amerce any, that shall oppose his Proceedings.
Upon Question, Resolved, This Warrant to Sir G. Monperson, in the Creation, a Grievance; without One Negative.
- That one Gelder forged the now Lord Treasurer's Hand, for drawing a Book; who is a Commissioner for Sir G. Monperson.
Gelder committed to the Custody of the Serjeant.