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, 15o Martii
Thornbury, &c. Manors.
Committed to Mr. Treasurer, Sir Edw. Mountagew, Sir H. Poole, Sir H. Curwen, Sir Rich. Tichborne, Sir Jerome Horsey, Lord Wriothesley, Sir Wm. Spencer, Sir Edw. Sands, Mr. Writtington, Sir Geor. Dalston, Mr. Nevill, Mr. Harrison, Mr. Alford, Sir Myles Sands, Sir H. Fane, Lord Clifford, Mr. Wrenham, Sir Ro. Floyde, Sir Tho. Low, Sir Talbott Bowes, Mr. Sapwell, Mr. Brooke, Mr. Crew, Chancellor of the Duchy, Sir H. Compton . - Monday next, Exchequer Chamber.
Charge against Lord Chancellor Bacon, &c.
Awbrey complaineth, that, wearied in his Cause in Chancery, he was advised by his Counsel, to expedite his Business, to present the Lord Chancellor with 100 l. He got at Use 100 l. goeth with Sir Geor. Hastings and Mr. Jenkyns to Yorke-house: There they Two went, and returned to him, with Thanks from my Lord, and Hopes of better Success in his Cause, than formerly. -
That persuaded by Sir Geor. Hastinges, and Sir Rich. Yong, to gratify my Lord. - That he sold Tythes; raised 4001. carried it to Whytehall, to my Lord Chancellor's Lodging : called for Sir Geor. and Sir Rich. Yong, and by them, sent in this Gold, in a Purse; who carried it in to my Lord ; who started at it, saying, it was too much. That Thanks returned to him from my Lord. And Edw. Egerton saith, he had a further Message; that my Lord said, he not only enriched him, but bound him to do him all lawful Favours. -
That a Circumstance appeared, that some indirect way open in these Cases. That Egerton, acquainted with a Divine, now a Bishop, broke to him his Suits: He undertook to broke for him ; took from him a Recognizance of 10,000 l. with a kind of Defeazance, that, if his Land were decreed him, he should pay 6,000 l. to those honourable Persons, by whom he should receive Favour. That this was confirmed by Bishop Field's Letters. That this Letter had some Honesty in it; for, if the Business succeeded not, in verbo sacerdotis he should have his Recognizance again. -
A Circumstance, concerning Mr. Johnson, a Member of this House, a moral honest Man : - That, as Egerton saith, Johnson persuaded him to take out of his Petition the Matter of Money, and then his Lordship would give way to it; and, if he would go in the Afternoon to my Lord, with Sir Geor. and Sir Rich. Yong, my Lord was like to let him have the Money he had lent him: But this Johnson denied. -
That the Committee, in respect of the Greatness of the Person, that a principal Magistrate of State, - no Time might be lost, for clearing his Honour; and therefore all other Business set apart, and all other Committees put off, till this Committee finished.
Proceeding at a Conference not to be a Precedent.
That, in the Precedents of Conferences between both Houses, moving from the Lords, they have done it verbally; and then, upon the Lords Report, entered into their Journal Book; yet now Order from the House, to afford the Lords the Capita about the Business, because consists of so many Heads: But Sir Edw. Coke to move the Lords, this may not hereafter be taken for Precedent.
Committed to Master of the Rolls, Sir Jo. Strangwayes, Sir Tho. Rowe, Sir Wm. Spencer, Mr. Noye, Mr. Alford, Sir Wm. Pittes, Sir Rich. Gravenor, Sir Wm. Poole, Sir Edw. Gyles, Mr. Shervyle, Mr. Dr. Gooch, Mr. Wingfeld, Sir Tho. Ryddall, Mr. Solicitor, Sir Jo. Walter, Sir Edw. Wardor, Sir Francis Barrington, Sir... Spencer, Sir J. Perrott, Sir H. Curwen, Mr. Raynscrofte, Mr. Nevyll, Mr. Whitmore, Sir Wm. Boulstreade, Sir Tho. Hobby, Sir Edw. Sackvyle, Sir Wm. Fletewood: - Monday, Exchequer Court.
Bills of Grace.
Ordered, That, upon the Committing of every Bill of Grace, the Clerk shall deliver to the Committee the Note out of his Book, concerning that Business ; and the old Draught of it, which was last Meeting in Parliament, if it be to be had.
Mr. Lasher: - That a Member of this House (Sir Rich. Gravenor) hath given Protection to one Lovell: who getteth Goods into his Hands, and now is protected by Sir Tho. Jermyn. - Got 10l. of a poor Clothier, to let him have his Cloth again, or else would use his Protection.
Proceeding at a Conference not to be a Precedent.
Sir Edw. Coke reporteth from the Conference with the Lords. - That first he prevented the Precedent of delivering Things in Writing to their Lordships hereafter ; where heretofore verbal from hence, and then entered into their Journal: Therefore this to be, after, no Precedent; the rather, because now the Particulars so many, as not to be remembered. -
All the Judges resolved, the King could not do it, 1. The Law made pro bono publico: Not to be applied to private. - 2ly, The King, pater patria, and so trusted by the Parliament. The Mischief great, where a private Man apparelled with the King's Prerogative. 3ly, -
That the Grounds of Monopolies - That King Phillipp arriving at Southampton, when he married Queen Mary, granted them a Monopoly, to have all the sweet Wines landed there. In Queen Eliz. Time, resolved by the Judges, this a Monopoly; and overthrown. - Got by Importunity, that all Strangers should land their Wines there only.
Wm. Simpson in Queen Eliz. got a Patent for the sole Bringing in Stone Pots, Bottles, and Heath, to make Brushes. This, 39 Eliz. questioned, the Queen promised, in verbo Principis, to reform what amiss. Hereupon he, Attorney-general, brought Quo Warranto against Simpson, who justified by his Patent. - Called in, and cancelled. -
44o Eliz. Sir Edw. Darcy - the sole Making and Importation of Cards, which prohibited by the Statute : Yet adjudged void, and the Non obstante also ; because against the common Good : For an old Trade.
For Concealments ; no Nobleman can grant Land, of which not in Possession, but forfeiteth the Value. - Not honourable for the King. - Robbeth the Crown of his Tenures, the Tree of his Revenues, by Alteration of the Tenure. Robbed Churches. - Christ would have whipped them, which had sold the Temple. - Hospitals : - The Poor robbed. - A Prohibition to those, which kept the Seals, to suffer none of these Grants to pass.
Three Cautions used here: 1. Not to meddle with the King's Prerogative transcendent: 2ly. To save the King's Honour; which done by mentioning the Referees : 3ly, The Good of the Commonwealth. - King and Kingdom go together: They his Strength. -
That he had read in the Italian History, a learned Friar, appointed to preach at Rome before the Pope, went thither before, to see the Order. Seeing the Pomp there, and so little Religion, went up, and said Three times, " Peter was a Fool;" and went down. - " Who had neither Gold nor Silver." - That all Empson and Dudley their Proceedings, but petty Riots, in respect of Monpesson's. They hanged for Trifles. - The Astralabb, to take the Heighth of Monpesson's Iniquity.
Chairman of Committee.
Courts of Justice.
Sir Edw. Wardor addeth, the Imposing of Fines upon Subjects, for not performing Decrees; and that a Patent grant, to Mr. Gibb, of Two Fines upon Megges and Bowdler, may be called in, till the House take other Order.
Mr. Shervyle : - No finding of any Wardship upon Leases for 1,000 Years, sithence Cotton's, Case; but, if a dying seized found, no Travers admitted. - That in Chancery, of late. Possession delivered by the Sheriff, with a Writ of Assistance.
Assault on Serjeant's Deputy
John Harvey: - That he found Preston at Quicke' s Alehouse ; stayed his coming out; shewed him his Warrant: He took it violently from him. - That the younger Brother, Henry Preston, struck him with a long Staff, 20 Blows : That he refused to obey or go with them.
Privilege - Affront to a Member.
Sir Ro. Phillippes: - That one Bryers, a Register, affronted Sir Rich. Gifford; telling him, he had made an untrue Certificate to the Committee : Threatened, hereafter he would meet with him, when the Parliament was done. Bryers to be sent for by the Serjeant, with all convenient Speed.