House of Commons Journal Volume 1: 08 March 1621

Pages 544-546

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Jovis, 8o Martii

Bonington's Estate.

L. 1. AN Act for the settling of Part of the Manors and Lands of Francis Bonington, a Lunatick, in the Name and Family of the said Francis, and for the enabling of Raphe Bonington, his Brother, and Heir Apparent, to make Sale of the Residue, for the Payment of the said Raphe & Debts, and Preferment of his younger Children.


L. 1. An Act to restrain the abusive making of Salt, commonly called Salt upon Salt.

Salisbury's, &c. Nat.

L. 1. An Act for the Naturalizing of Abraham Salisbury, Eliz. Salisbury, the Son and Daughter of Peirce Salisbury, Englishman, and Citizen and Merchant-taylor of London; Davyd Lewys, Tho. John, James, Peter, Katheryne, and Mary Kecke, Children of Jervys Kecke, Englishman.

Stewart's, &c. Nat.

L. 1. An Act for the Naturalizing of Sir Francis Stewart, Sir Walter Stewart, James Maxwell, and Wm. Carree, Esquires.

Gardeners Incorporation.

L. 1. An Act for Confirmation of several Letters Patents, granted by the King's Majesty, for the incorporating of the Gardeners of the City of London, and of the Franchise, Liberties, Powers, and Jurisdictions, of the said Corporation. -

Upon the Question, rejected, without One Negative.

Gardeners Patent.

And, upon the Question, their Patent to be brought in to the Committee of Grievances, to consider of; and the Serjeant to warn them to bring it in.

Dyer's Estate.

L. 1. An Act for the Confirmation of the Sale of certain Manors and Lands, in Eynsbury and Great Paxton, in the County of Huntingdon, according to several Conveyances thereof made by Sir Wm. Dyer Knight, and Dame Katheryne his Wife.

Prohibiting Import of Corn, &c.

L. 2. An Act, prohibiting the Importation of Corn. -

Mr. Lyster: - That this Bill may do much Hurt; because much Cloth transported into the East Countries, whence the only Return Rye.

Mr. Jordan: - That this a dangerous Bill; for many thousands of People, in their Country, may famish, before Corn can be sent for out of Danske.

Sir H. Poole : - To have the Statute, of Conversion of Arable into Pasture, repealed.

(Sir Tho. Ryddall: - The Forfeiture here very dangerous to the Merchant; for it may be at One Price, when he buyeth, and at another, when he bringeth it in.)

2dly, Rye the only Commodity, which returned out of the East Country, where our Cloths and Kerseys are vented.

Sir Edw. Gyles: - That this Bill may undo all their Country ; for scarce enough in their Country now, notwithstanding the Two last Years Plenty.

(Mr. Towerson, - against the Bill: - For it may be Eight Months Time, e'er Corn)

Mr. Abbott: - That this Bill against free Commerce, and Trade; and other Countries may turn it upon us.

(Mr. Alford, - for the Committing of this Bill.)

Sir Wm. Strowde : - That this a dangerous Bill, ( and unfit at this Time, for this Time. - Unthankful to God for the Plenty) - Falleth Upon the Poor. - (Forty Buyers to One Seller. - That in their Country the Prices now above the Rates in this Bill) - Rye the Food of the Poor. If not plentiful now, Money being scarce, the Poor might starve.

Mr. Brooke, - against the Body of the Bill. - Wisheth good Prices of Corn here. - That the Cheapness of Corn now, not so much the Plenty of Corn, as the Scarceness of Money.

(That the Case of all the Northern Parts, the Carrying of their Cloth into the Eastland Countries, whence their Return only Corn): - Can bring no Money over from thence, because so dear; nor any other Commodity (except white Rye) but they shall lose 25 in the 100; where sell their Commodity for 15 in the 100 Gain. - Fit to prohibit all Strangers importing any Grain, who carry away only Money; but not our own Merchants.

(Sir Geor. Manners, - for the Bill, in respect of the State of their Country.)

Sir Edw. Sackvyle, for the Bill. If Corn cheap, no Rents can be paid. - That great Quantities of Corn in England, able to serve all.

Mr. Whitson: - That this Bill against free Trade. (Sir Christofer Hildyard: - To give Liberty to import in English Bottoms, so that they sell it not again, till it come to a certain Price.)

Mr. Chidleighe, - against the Bill. - To respect thePoor.

Mr. Wynsford, - for the Bill. - That Plowing will be laid down in their County, if Provision not made for the Price of Corn.

Sir Sam. Sands: - That more in his Country, that have Five Years Provision beforehand, than that want One. - The Labourer to be preserved. - The Husbandman not able to pay his Rent, which he hath taken at the same Rates, as Forty Years before, - To have a Care for all Parts of the Kingdom.)

Sir Guy Palmes : - That many waste Grounds plowed up ; so more Corn now than heretofore.

Sir Tho. Row: - That all the Rye the Return for Cloth. - They will, upon this, restrain our Cloths for coming )thither.

Master of the Wards, contra: - For that it prohibiteth the Importing of what we need not; and Importing carrieth out our Money, which we want.

Mr. Solicitor : - Fit to restrain Importation by Strangers.-

Committed to all the Privy Council, Sir Ed. Sackvyle, Sir Geor. Manners, Sir Jo. Cutts, Sir Guy Palmes, Sir H. Poole, Sir H. Withrington, Mr. Morley, Mr. Drake, Sir H. Strange, Mr. Mallory, Sir Sam. Sands, Sir Francis Darcy, Mr. Drury, Mr. Alford: And all, that will come, to have Voice, except those which have spoken against the Body of the Bill: - Thursday next. Two of the Clock, in this House.

Mr. Secretary moveth, it may be lawful for any Man to engross, when under such a Rate. - But that is provided for by this Bill.

Precedents of Punishments by Parliament.

Sir Edw. Coke: - Never so little Care taken in so great a Cause. - Will deliver no Precedent, without Warrant of the House.

No other Motion but to be made, but about this Business ; nor any to go out.

Sir Edw. Coke: - Hath a hard Province. Would have Warrant for doing his Duty. - For Precedents -

Ordered, Whatsoever shall be now delivered by Sir Edw. Coke, shall be concealed, till the Conference past ; upon pain of Censure of the House.

- Hath found, that in Parliament a Power of Judicature, and judicial Proceeding.

This of Four Sorts:

1. Coram Domino Rege, et Magnatibus; or, Rege, et Concilio:

2ly, Coram Magnatibus only :

3ly, Coram Magnatibus et Communitate:

4ly, Coram Communitate. -

Two Examples of each of these : Bishop of Coventry, 18 Ed. I, queritur de extraneo. A Complaint to the King, and Lords, of..... that divers Letters Patents had past in prejudice of -

28 H. VI. the like against Wm. Duke of Suffolke, for procuring divers Patents of the King, against the Commonwealth.

II. Coram Magnatibus tantum. It is of Necessity they should be a Court: For, if a Judgment given for the King in the King's Bench, the Lords only are to be Judges; so, if Judgment be given against the King, the King, here the principal Party grieved.

2ly, They have originally dealt and given Sentence, the King not excluded; for present in all Courts, and hath his special Seat there. -

Alice Peeres, for procuring Things prejudicial to the Commonwealth, -

4 R. II. Ferrers Case: The Lords cleared him.

3ly, At the Prayer of the Commons. This frequent. Wm. Ellys, a Merchant of Great Yarmouth, Farmer of the Customs, oppressed the Merchants : The Commons complained to the Lords; prayed their Aid, and Suffrages : The Lords sentenced him to Prisonment, at the King's Pleasure, and till he had paid his Fine and Ransom. - Semble al Seigneurs et est agard. -

A Merchant of London, Rich. Lyons, well acquainted with divers Lords of the Council, and in great Favour, accused, that, by his Solicitation, and wicked Advice, he had procured Dispensations to carry Merchandizes elsewhere, than to the Staple. He a Projector. Had in his Eye, to take the Custom ; and therefore advised the King to set high Prices upon Staple Commodities: This done for his own private Lucre. Deviseth such a new Exchange of Money, as would have exhausted all the Treasure of the Kingdom. The Lords, at the Prayer of the Commons, sent him to the Tower, to be fined and ransomed ; not to come near the King, or Council; to be disfranchised, and perpetually imprisoned. -

John Peachy, a Merchant of London, a Monopolist, got the sole Selling of sweet Wines in London; whereby he got 3s. 4 d. in a Ton, presently. The Lords punished him, as Ellys. -

Jo. Lord Nevyll, having a Regiment in Britayne, accused by the Commons to the Lords, for oppressing the People under the King's Authority: He sentenced to Imprisonment, during the King's Pleasure, and till he had paid his Fine and Ransom. -

31 H. VI. the Speaker in Parliament in Gaol [a], in Vacation-time : The Commons went to the Lords, complained of it: the Lords demanded of the Judges, the Law; who answered, the Parliament, and not they, were to adjudge it. The Lords judged, he could not be delivered, being in Execution in Vacation-time.

III. Coram Magnatibus et Communitate. - Lord Latymer. Lord Chamberlain of the King's Houshold : He the Maintainer of Lyons : Sentenced therefore. 50 Ed. III. Numero 45. Patentium, his Pardon by the King: Yet paid 20,000 Marks. Set down in it, that he was impetitus coram Magnatibus et Communitate.

IV. The House of Commons, alone, hath a Power of Punishment, and that judicial. 23o Eliz. Hall imprisoned here, and fined. 5o Eliz. Longe's Case : Imprisonment, and Fine. 35o H. VIII. Tit. Parlement, - Brooke; " If a Burgess made a Mayor, a new to be chosen." Therefore this House hath Power to put him out, and to make a new Writ to the Chancery. -

Will prescribe no Punishment, but leave that to the Lords.

Records for the future: - Adam de Bury, a Captain in Callice, being complained of fled. - Seized of all his Goods, and put them in safe Custody. Sir Jo. Mortymer, so accused, fled to the wild Irish ; The Parliament gave him, a Day, to return; or else all to be holden pro confesso.

Empson and Dudley not comparable to this Man's Offence. They went about, by Words, to alien the People's Hearts from the King, proditorie; this Man hath done it by Deeds. - Will make an Analysis between their Faults. -

The Conclusion, in the Substance : That King Alured made an Act, with the Advice of his wise Men, to have Two Parliaments every Year. - That the only Place, where chief Wrongs may be complained.: -

Ed. I. - an Ordinance, to have a Parliament every Two Years. -

Ed. III. - for Reformation of Grievances, One Parliament every Year. - Duo in uno; unum in duobus; unum in uno. -

Remembereth a pressing Example, 42 Ed. III. Jo. Lee, Steward of the King's House, kept a Court in a Chamber, and sent Pursevants, and imprisoned them: He punished by the Lords, at the Prayer of the Commons.

Sir Nath. Rich commendeth the great Pains and Care of Sir Edw. Coke; yet wisheth Thorpe's Case may not be meddled with; which begotten by the Iniquity of that Time : And thinketh, Ed. the IVth, then sitting in the Upper House, might have over-great a Power in it: And trencheth much to the Liberty of the House.

Sir D. Digges his Part to be, first, of our Joy of the good Correspondency with the Lords; and of the King's Graciousness about our Grievances; and of his Majesty's Graciousness, before his Grants, by a Proclamation 1o Jac. and by a Declaration

8 Jac. - That his Majesty's Care great, in the Granting, both for Law, and Conveniency; and sithence, by his now suffering us to examine them.

Then to shew our Grievances by Projectors, and Projects; and particularly by this of Sir G. Monperson.

Mr. Mallory : - To have the Referrees searched out by the Lords.