Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Lunae, 26o Martii
Sir Jo. Walter, Mr. Solicitor, Mr. Hackwyll, Mr. Mallett, Sir Edw Cecill, Sir A. Ingram, Mr. Serjeant Davys, Sir Wm. Herberte, Sir Cl. Edmonds, Mr. Jo. Middleton, Sir Francis Darcy, Sir Nath. Rich, Mr. Bateman, Mr. Towerson, Mr. Fetherston, Sir Jerome Horsey, Mr. Gifford, Sir Tho. Row, Sir Tho. Hinton, Sir Jo. Brooke, Mr. Brooke, Sir D. Digges, Mr. Cooke, Sir Wm. Pitt, Sir Jo. Jephson, Sir A. Ingram, Sir Ph. Carye, Sir Tho Low:
These Committees to draw & Bill against the Transportation of Ordnance; and to have Power to enquire of the Abuses past; and to send for any that can inform them: - Thursday, Two of the Clock, in Easter Week, in the Inner Temple Hall.
Alterations in the House.
Mr. Treasurer, Mr. Chancellor Exchequer, Sir Edw. Cecill, Sir Wm. Pitt, Sir H. Spiller, Sir Edw. Wardor, Sir Jerome Horsey, Sir B. Hickes, Mr. Enego Jones, Sir Tho. Howard, Sir Nath. Rich, Sir Wm. Herricke, to take a View for enlarging the Seats in the House, and for making a Provision for keeping out the Sun.
Warden of the Fleete.
Sir A. Ingram: - That they have found many strange Passages already against the Warden of the Fleete. - That he may be sent for against To-morrow Morning; and a Commandment from this House, not to use them worse than before, during this Recess.
- Hath another Patent, of Dispensation with Tillage. Hath Power to make a Park; that being done, may convert it to Sheep, &c. This his Wit. Sir H. Howard and Mr. Gibb got this, but at his Solicitation. - Gave either of these Gentlemen 5001. - Upon this, many Quo Warrantor. -
This referred to the Attorney, Lord Chancellor now, and Sir H. Yelverton, Solicitor; who willing, because brought Gryst to their Mill. - Setting up these Things upon Posts; as Bear-batings, Plays, Plague, &c.
Mr. Solicitor : - That he, that findeth an old Project, and setteth it on foot, is the Projector. - That he had a Trick, to cosen the King's Counsel too; for hath Power to pass it under his Hand to the Seal, without the King's Counsel.
Sir Edw. Coke reporteth, from the Committee for Grievances, that Sir Ro. Townsend hath, in his Patent of Concealments, passed 17 Hospitals. - That this against the King's Book. That no Lay Hospital granted by 1o Ed. VI. - Pitiful, in this Light of the Gospel, Works of Charity should be suppressed. - Knoweth not the Referrees. - That these Concealers have always a monied Man at Hand : - He Sir Sam. Tryon.
For Sir Jo. Townsend's Grant, to compound for Tolls, or grant them. - He fetcheth them up by Quo Warranto, to plead - That enforceth them to plead, to a very great Charge. - Never granted, when he Attorney-general, above Five Quo Warrantors, except against Monopolies : Here 200 Quo Warrantor issued: 100 more the now Attorney stayed.
Upon Question, the House thinketh fit, and are of Opinion, that all Suits, grounded upon any Patent, or Commission, condemned here, as Grievances or inconvenient, and also all Payment upon Bonds, and other Proceedings upon any of them, ought to stay till further Course taken about them.- -
Mr. Snelling moveth about the Two Patents for Lights. - Void, because granted to Persons unskilful: And, for Winterdon; because the Suggestion false ; there being a Light-house then there.- - That the Charge raised, exceeding great. - That the Trinity-house offereth to submit themselves to the Proposition made by Sir Edw. Coke.
Mr. Bateman: - That, in Time of Wars, no Lights are to be maintained : Pilots then. - A Grievance, the Imposition upon Mariners and Merchants. - Forced to pay according to the Ton of the Ship, not of the Goods.
Court of Chancery.
Mr. Alford: - That the Chancery hindereth Commerce at home. - Many things propounded about the Lord Chancellor. - Thinketh he took Gratuities; and the Lord Chancellor before, and others before him. - Hath a Legyer-book; where 30 s. given to a Secretary, and 10 l. to a Lord Chancellor, for his Pains in hearing a Cause. - Will proceed from Chancellor to Chancery : Will offer Heads, to be considered by a Committee. -
That Decrees bind not: But Alterations of them: Causes called in Three times. - That this Power too much for any One Man, - Three Judges - - Writ of Error, or Commission of Appeal. - All Causes to be heard openly, and at large: So in other Courts. - To have no Man's Cause heard, as depending upon another Cause. - He was offered, so he would have consented to a Decree, he should have paid nothing. - Had and took a reasonable Composition. - A Decree after entered, where none made ; which cost some after in this House 100 of Pounds. -
- Houses built, and 600 l. per Annum purchased by One Man, by Report. - That a Judge cannot judge upon Report. - That the Lord now, by his Oath, may judge upon it, because usual. - Fees for every Time, for every Defendant, or Plaintiff. - For Orders; 10s. 20s. 30s. an Order: - Both the Attorneys to agree first upon the Order. - The Committee to consider of the Orders in Chancery ; which 101. - Power left to the Lord Chancellor, to add, diminish. - To have those confirmed by Act of Parliament, which shall be found good. -
That some Masters of the Chancery good, others not so good. - That they desire to be heard. - To abridge the Masters of the Chancery; which are Twelve, and Six or Seven Extraordinary: To reduce them to Six. - Difficulty and Charge of Motions: Writs of Assistance: Close Imprisonment; which close Imprisonment, heretofore, not to go without a Keeper; now, to shut up Three Days, without Meat. - Excess of References: Injunctions : Fines of 2,000 l. a Man set. - A Committee to consider of all these Tilings. - Parties trusted to have their just Charges. - Will give in these Heads.
- That those, which stay in Town, may, at a grand Committee, subdivide themselves to these Parts: 1. For Laws obsolete : 2ly, Grievances general: 3ly, Abuse in Courts in Justice; for which hath many Petitions, but few of Weight: 4ly, Of the Two Light-houses: - For a Treaty between the Merchants, Mariners, and Patentees. 5ly, For the Matter of Money, the Want of it. - A Committee, to consider of the old Form of Chancery ; and how now it is ; and what may reduce it into right Course.
Sir Edw. Coke: - Where Jurisdiction, and Abuse; take away the Abuse, leave the Jurisdiction : Where no Jurisdiction, but Encroachment; take them away. - Will mention Four, conceal the fifth ; yet hath, 21o H. VIII. a Judgment of all the Judges in it. -
1. That the Chancery (as in all our Book-cases) can meddle with nothing determinable at the Common Law. From 2 Ed. III. till now, no Book, but some Book to warrant it. - No Titles of Land to be meddled with. 2O Ed. IV. a poor Man could have Remedy against a great Man in the Country ; and had an Act of Parliament, that it might be determined in Chancery, calling some Judges to him, - 15o H. VI. c. 4. that the Chancery, by the Law, can meddle with nothing determinable at Common Law; therefore Sureties there. 3o Ed. IV. Parte 1. Membrana 2. a Confirmation of it. - Four Judges in the Common Law Courts, and, Writs of Error; in Chancery, One Man only: Solivagus : No Appeal. - A Bill to be drawn, to help this. - Humores moti, et non remoti, laedunt corpus.
2ly, Hath no Power, but of the Person: May imprison, cannot take the Possession of his Land : 37o H. VI. - The English Court, no Court of Record ; for the Latin, may: Therefore 22 Ed. IV. 10 H. VII. 27 H. VIII. prove this. For fining; 22 Ed. IV. 10 H. VII. - That Fines are but in terrorem. A Fine, set by Egerton, Chancellor, estreated into the Exchequer, and adjudged void. May fine for a Contempt done in Court. - That Egerton, a great Lawyer, the first Beginner of this. - Now levy this before himself in the Hamper.
3ly, Writs of Assistance: Damnable Things. A Writ of Right can but give, not continue, the Possession ; here, locketh up. In a Writ of Right, may have Error in the King's Bench, or Parliament. - Speaketh not, because the now Lord Chancellor under a Cloud ; for sorry for it; but, as a Free Man, who knoweth what he speaketh.
That in Ed. III. Time not 400 Causes in a Year; now 35,000 in a Year. For this, must have Deputies: References to these : - Knoweth not their Learning, Understanding, or Integrity. - No Judge can, by the Law, make a Deputy. A Clause, by the King, to me, as a Judge, or my Deputy, void, for the Deputy. - Restrain him to meddle with what he, by the Law, cannot meddle withal, this will be helped.
House to sit.
Court of Chancery, &c.
Sir Edw. Wardor, - about the Fine upon Bowdler and Megges, of 2,000 l. because they could not be found by Chancery, the Serjeant at Arms : - These begged from the King. - Sithence Bowdler hath exhibited his Bill here, for Relief; that the Letters Patent of it, under Seal, remaining with the Clerk of the Hamper, may be stayed there, till further Order here.
Thought fit by the House, that this Patent should remain with the Clerk of the Hamper still, if it be with him; if it be delivered, that Mr. Gibb, the Patentee, may bring in the Grant, to be considered of here.
Master of the Wards: - That we can now presently only take Benefit of Remedy against Bills of Conformity. That great Cause to speed a Relief for this, for the present. - To settle this, before our Recess, by Proclamation : To do this first in the Afternoon. - Not to delay remedying here, when - Where so great Cause, having the King's Grace to do it. This to be first in the Afternoon.
Sir J. Perrott moveth, the general Committee may meet upon Thursday next, in the Temple Hall: There the Committees to subdivide themselves: All the Heads to be there delivered. Addeth the Consideration of the Increase of Fees, and Offices, in Courts of Justice. - The Committee to have Power to call for, and consider of, Two Tables; the One, in Curia Wardorum, the other, in the Exchequer.
Salisbury's, &c. Bill.
Newcastle Coal Patent.
Mr. Brandling moveth, that the Patent of Newcastle, for Coals, may be brought in; whereby they have received 500,000 l. And that the Oast-men impose 2 d. upon a Chaldron ; whereby have raised 200,000 l.
Mr. Treasurer, Sir Edw. Coke, Master of the Wards, Mr. Chancellor of the Exchequer, Mr. Solicitor, Mr. Crew, Mr. Serjeant Davys, Mr. Glanvyle, Mr. Noye, Mr. Recorder, Sir Clement Edmonds, to go presently into the Committee Chamber, and resolve of this Proclamation.
Patent for making Ordnances.
Sir Tho. Row, - against the Saving of the Patent of Iron Ordnance. That anciently Two Furnaces, for making Ordnance, commonly called, the King's Furnaces: The Brownes the chief Makers. Now these must fall to the Ground, and one Crow hath now a Patent for the sole Making of Iron Ordnance. - Not to have Browner put down.
Sir Edw. Sackvyle: - That the Patent granted to Crow, by Reason of the great Quantities daily exported from Browne's, Furnace. That the Merchants take not yearly above 300 Ton per Annum. Crow tied to export none, but is tied to bring them to the Tower; and must sell them at 12 l. a Ton; and is responsible for any Ordnance transported. That Browne hath now (as informed) Dutchmen there, to learn the Casting of Ordnance ; and teacheth them there.
Sir D. Digges : - A Commission from the King, to enquire of the Transportation of Ordnance : He a Commissioner in it. - His Majesty's Pleasure, rather to look forward, than examine backward. - That an honest Project made upon it; viz. to have but Two Furnaces here, and to have always a great Stock of great Ordnance. This certified; and that Browne (having already a Grant from the King, for the sole Making the King's Ordnance) should be One. - That they never certified, that any One should have the sole making; but Two. - Liketh therefore the Proviso, to have the sole Making; but that it should be to Two, and not to One.
The Proclamation, as amended, read, and allowed. Mr. Chancellor of the Exchequer and the Master of the Wards to acquaint the King with this Proclamation; and to return his Majesty Thanks for his gracious Favour, to give way herein.
Mr. Solicitor reporteth the Bill about Recusants Lands, with the Amendments; which twice read : - A Proviso for Purchasers, upon valuable Consideration: A Provision, that every Man, trusted for the Recusants, shall discover the Trust, within Three Months. - Engrossetur.
Mr. Guy: - That this Bill impeacheth the Port Towns of the River of Severn ; restraining it only to the Welch Ports, and excluding Bristow, Barnstaple, &c. - To have it transported, as well out of the Ports of England, as out of Wales.
Lord Cavendish reporteth Three Bills: 1. For Naturalization of Sir Ro. Douglas: 2. Of Sir Ro. Ayton, and ... Bowy: 3. of Mrs. Dorothy Style. That of Sir Ro. Dowglasse hath Two Amendments. - Engrossetur.
Sir Edw. Coke: - That he ever against this : So the Officers of Alienation but a private in it: But, upon this Rise, One had 1,200 l. per Annum. - That the King loseth 2 or 3,000 l. per Annum. - Comely, that Mr. Chancellor of the Exchequer inform the King, when, upon Perusal of the Book, we shall be of a sure Ground, of the Prejudice to the King, and of the Subject. - That Sir A. Appesley the Man, that put this on.
Mr. Alford: - That the King loseth so much, and yet the Subject payeth a third Part more than as before. - To cast therefore the Rise upon the Subject, and then to see, what the King would lose, if the Subject paid now but as before.
Mr. Noye: - Almost 1,000 Fines and Recoveries short, in One Year of that they were before. - The King, with the 1,200 l. per Annum to my Lord Chancellor, loseth now almost 3,000 l. per Annum, of what had Three Years sithence. - Now no voluntary Fines. - To have the Books of the Officers of Alienation viewed.
Mr. Ravenscrofte: - That a Gentleman got a Patent of the sole Signing of all Writs of Covenant, Writs of Entry, &c. - That this a great Hindrance to the King's Service. This twice attempted by Sir Edw. Thelluall - That some Attorneys have told him, they would hold by Decree in Chancery, and not care for Fines.
Mr. Wyld: - That in the King's Remembrancer's Office a great Grievance by giving way to Informers: In the Office of the Treasurer's Remembrancer; where these Abuses : 1. Respite of Homage, where the Subject willing to make his Homage: - 20d. to the King, 9s. to the Officer. - Pleadings in the Exchequer ; - Quo Titulo.
Judgment against Monperson.
will come up, and demand Judgment, or come up, and hear it ; they leave it to the Consideration of this House: And, that the Lords desire a Conference with this House, To-morrow, at Nine of the Clock, in the Painted Chamber.
Mr. Hackwyll: - That the Precedents are, that the Commons sometimes have demanded it; and in some Cases, when the Lords have given Part of their Judgment, the Commons have required a Supply; as 50oEd. III. in Latymer and Nevill's Case. - At all Judgments, at the Prayer of the Commons, the Commons present.
Sir Edw. Coke . - That where the Commons complain to the Lords, they judge it; and the Commons present. Therefore Mr. Speaker to go up now, and say to them, that, sithence the Lords have taken Consideration of Sir G. Monperson's, Case -
Mr. Speaker, with all the House, went up to the Lords; and returning, reporteth, that he demanded Judgment against Sir G. Monperson; and that the Judgment of the Lords Spiritual and Temporal, pronounced by the Chief Justice, Speaker of the Lords House: That, having entered into Consideration of the great Offences of the said Sir G. M, complained of to them by this House, did find them all true; and did award, and adjudge, he should be degraded of Knighthood ; which should be performed by the Earl Marshal, if could be found; with Reservation of the Dignity of his Wife: To stand perpetually outlawed: That the King should take his Goods, and the Profits of his Lands, during his Life: To be disabled to bear any Office in the Commonwealth; to give any Testimony, or to be of any Jury : - Imprisonment, during his Life : - To be fined, and ransomed, at 10,000 l. Not to come near the King's and Prince's Court, or any Courts of Record at Westminster, within Twelve Miles: To be excepted out of all general Pardons: To be for ever after a Person infamous. -