House of Commons Journal Volume 1: 25 April 1621

Mercurii, 25o Aprilis

Light-houses, &c.

A BILL, delivered in Yesterday, framed by the Committee, concerning Light-houses and Seamarks, now read.

L. 1a. An Act for the Enlarging of a Statute made in the 8th Year of the Reign of the late Queen Eliz. intituled, An Act concerning Sea-marks and Mariners.

Confirming Grants.

Sir H. Poole delivereth in a Bill for Confirmation of Grants from the King, &c.

L. 1a. An Act for Confirmation of Grants made to the King's Majesty, and of Letters Patents made by his Highness to others. -

Sir Wm. Strowde, - Against this Bill. - In general to confirm all Grants under the Great Seal, Pensions, &c. - Fit rather to consider of a Bill of Resumption.

Sir D. Digges, accordant. - The King cosened by divers. - That the Great Seal justifieth itself, if the Cause good. - The most dangerous Bill that ever came into the House. - To have it rejected.

Sir H. Poole : - That he had no private End in this. - Followed, in this, the Precedent of 43 Eliz. - That any Deceit to the King may be met with, upon Committing of thisBill.

Sir J. Horsey: - That a dangerous Bill. That many would give 1,000 l. a Man to have this Bill pass.

Sir Tho. Hobby; - If any particular Man cause to confirm his Letters Patents, let him bring in his private Bill. -

Upon Question rejected.

Justices of Peace.

Sir D. Digges tendereth a Petition, according to ancient Precedents, concerning Choice of Justices of the Peace.

- That in divers Shires, of late, divers very unworthy Persons have been put in; and divers of the best Desert left out; and some shun it. - That they may ta ... -

Sir Edw. Gyles : - So in his Country.

Sir Wm. Strowde: - That divers spiritual Men put in, against their Wills. - That, this distracting them from their Studies, they may be spared from that Service.

Sir Wm. Spencer .- - That the Bishop's Chancellor in many Places left out: - And so striketh with both Hands.

- To have him spared.

Mr. Drake: - That none may be in Commission, whose Wife a Recusant.

Sir Geor. Moore: - That 60 in his small Shire. - To have -

Sir Edw. Peyton: - That no Bishop is to be present at the Condemnation of a Man: By the same Reason, not to be a Justice of Peace.

Sir W. Heale: - That no outlawed Man fit to be a Justice of Peace.

Mr. Chancellor of the Exchequer offereth to do his Service, in moving the King in this. Desireth a Commission therein from the House.

Sir Edw. Wardor: - That 36 for Westminster, being but Three Parishes.

Sir G. Gerrard: - To have no Justice of Peace in Middlesex, who not a Freeholder.

Mr. Alford moveth a Committee, to set down the Heads fit to be offered to the King for this Business.

Sir Jo. Strangwayes: - That no young Lawyers to be put in.

Sir Francis Darcy: - No Attorneys.

Mr. Chancellor Exchequer, Sir Wm. Strowde, Sir D. Digges, Sir Tho. Hobby, Mr. Drake, Sir Guy Palmes, Sir H. Poole, Sir G. Gerrard, Sir Jo. Strangwayes, Sir Ro. Phillippes, Mr. Alford, Sir Edw. Mountagew, Sir Francis Barrington, Sir Geor. Moore. -

This Petition to be referred to the Committee : And whosoever will come to have Voice.

Sir Edw. Mountagew: - To have this done by Bill.

Sir H. Poole, accordant: - That permanent: The Petition -

The Committee to consider whether fit to help this by Petition, or Bill. - To-morrow, Seven of the Clock, in the Committee Chamber.

Bowdler's, &c. Decree.

Mr. Pymme moveth about the Fine of Bowdler and Megges; which ordered here, and yet proceeded in contrary.

Mr. Alford: - That fit to send to the Court, to proceed no further. This warranted by Precedents. -

A Committee to regulate the Chancery.

Resolved, a Warrant, under Mr. Speaker's Hand, to the Party, and a Letter to the Judges of the Court, where it proceedeth, to proceed no further in it.

Mr. Clarke : - That in H. VII. H. VIII. and ever sithence, - hath constantly imposed Fines. - These resolved to be lawful. - 10 H. VII. that the Lord Chancellor may impose a Fine. - Speaketh confidently, the Lord Chancellor, if in any Cause, may impose a Fine in this: For disobey the Decree, and stand out all Process.

- Moveth, Mr. Gibbes may be heard by his Counsel.

Sir Edw. Wardor: - Never any Attachment, Commission of Rebellion, nor Serjeant at Arms, served upon them, &c. - That Morgan hath procured out a Scire facias, having Knowlege of the Order given him by Mr. Mynn.

Ordered, that no further Proceeding upon the Scire facias.

For regulating the Chancery: -

Court of Chancery.

Sir Edw. Coke, Mr. Alford, Mr. Wentworth, Sir Ro. Phillippes, Sir Tho. Hobby, Sir Edw. Gyles, Sir M. Fleetewood, Sir Edw. Sackvyle, Sir Nath. Rich, Mr. Serjeant Ashley, Sir Tho. Row, Mr. Nevill, Sir Edw. Sands, Sir Geor. Moore, Chancellor Duchy, Sir H. Withrington, Mr. Mallory, Sir Tho. Raynscrofte, Sir Edw. Wardor, Mr.

Brooke, Sir Guy Palmes, Mr. Carvyle, Lord Cavendish, Mr. Serjeant Ashley, Mr. Pymme, Sir Francis Barrington, Sir Sam. Sands, Sir H. Poole : - To regulate the Court of Chancery, by Bill. - Friday Afternoon, in the Exchequer Chamber.

Complaint against Churchill, &c.

Sir Edw. Gyles desireth, this Committee may take Consideration of an Order unduly made by one Churchill. -

That Parker, furthering the Order, gave very unfit Words to the House. - That some Course may be taken by this Committee, for the Adnihilating this Order.

Sir Ro. Phillippes: - For Parker; that he used ill Words to this House; but penitent; so as the Committee remitted it: For Churchill; the Error general, which now will be generally reformed : For the particular Order; that this Committee may take a Course to help it.

Sir Edw. Sackvyle: - That this House would signify to my Lord Chancellor, their Opinion, that a Vacat may be made of this Order, so unduly gotten.

Mr. Wylde: - That the same Committee may regulate the Disorders in the Exchequer.

Mr. Griffyth: - That Churchill may no longer execute the Place of a Register in Chancery.

Sir H. Poole, accordant. - Culpa ejus est major quam quae, potest remitti.

Mr. Weston: - That the common Use in this Case some Excuse. - That to punish him, will discourage others to do that Service in Discovery, &c.

Sir D. Digges: - Marvelleth, he hath so long been forborn. - A plain Forgery of an Order proved against him.

Mr. Alford: - All the Registers as faulty as he. - To leave this therefore to the Committee.

Sir Geor. Moore: - To do Justice; but to consider whether we can put him out. - We can but signify our Opinion, that he unfit to continue a Register there.

Sir Wm. Herberte : - His Discovery, not out of Conscience, but to save himself: - Not therefore to favour him for it;

Sir H. Withrington: - To leave it to the Committee.

Upon Question, the Consideration of Churchhille's Offence, and the rest of the Register's, referred to the Committee last-mentioned.

Privilege.

Mr. Mallory moveth for Stay of an Hearing To-morrow in the Exchequer, for Sir Ro. Phillippes. - Resolved, A Warrant to the Party, and a Letter, under Mr. Speaker his Hand, to the Court.

Mr. Dunce moveth, the said Committee for the -

Abuses in Exchequer.

Mr. Wylde's Motion referred to the Committee for Accounts of Sheriffs.

Mr. Langston, and Mr. Wyld, added; and all that will come, to have Voice : - Saturday Afternoon, in Exchequer Chamber. - To take Notice of all Abuses of the Exchequer, which shall be complained of; and to draw One or more Bills, as shall be Cause.

Charge of Bribery agt Bennett.

Sir Edw. Sackvyle reporteth from the Conference about Sir Jo. Bennett, that he delivered them the Six Heads, resolved here; and gave them Knowlege of divers other Particulars. - That, after his being here in the House, he heard of divers new Things against him; but would not open those Things to the Lords, without Warrant. Henshawe's Case; 200l. Bribe, and 50l. to pios usus: - Mees; 500 l. -

Moveth, for his own private Occasions, he may now be discharged of his Charge about Petitions for Course of Justice; and to put it over to Sir Ro. Phillippes. - Resolved.

Patent for Lobsters, &c.

Sir Edw. Coke reporteth from the Committee, that they have resolved, the Patent for Lobsters a Monopoly. -

Granted for 31 Years, upon Pretence of a new Invention.

- Grieved at the Grant, and that the Great Seal so much questioned. - Proved, the King's Subjects went Four or Five Years ago where these went. Adjudged here, the Time too long, of 31 Years. - The sole - a Monopoly.

- They meet with the Dutch and there buy : Which a plain Forestalling. - 18o Ed. III. c. 3. whereby enacted, the Sea open to all Merchants, and others, for all Merchandize. - This Patent shutteth up the Sea: -

In Lopus Treason, Popham and he commanded to take a View of all the People of England. This 35o Eliz. - Found them 900,000 People, of all Sorts. Now increased

- Where a Lobster before for 1 d. now 3 d.- - Bought them for 4l. 10s. sold them presently for 6l - The Patentees took away their Goods-: - Some, that took away Horses, by Replevin, hanged: - Thinketh these might be so: - And imprisoned Three Weeks. - This referred to Lord Chancellor. - The Book drawn by him: Granted to Two of his Servants : And the Imprisonment also by him.

Upon Question, the Patent of Bassano and Vawdrey, for the sole Importing of Lobsters and Salmons, to be a Grievance, both in the Creation and Execution; without One Negative.

Money.

Sir Edw. Sands reporteth from the Committee, being, but a Sub-committee for the Matter of Money.

Jacob's Patent.

Abraham Jacob to bring in his Patent to the Committee for Tobacco.

Clerk of the Market.

The Committee for regulating Inns, &c. have Power to send to the Clerk of the Market, for his Patent.

American Fishery.

L. 2a. An Act for the freer Liberty of Fishing, and Fishing Voyages, to be made and performed on the Sea-coasts and Places of New-found-land, Virginia, and New England, and other Coasts and Parts of America. -

Sir Edw. Sands: - That some have gotten a Grant from the King, a Grant of the Land in Virginia. -

Two Colonies first in Virginia; Northern and Southward: The last hath proceeded with 100,000l. Charge; the Northern not: Now desired to proceed: - Which, called now New England. - That this Fishing, twice a Year, far better than that of New-found-land. That the Company of Virginia, by the Deceit of the Masters of Ships, spent, about Seven or Eight Years sithence, - lost 6,000l. That the Northern Colony have got a sole Fishing there, yea, the Company of Virginia. - The King, acquainted with it, stayed the Delivery of the Patent. - That the Colony of Virginia desireth no Appropriation of this Fishing to them. - This will bring in 100.000 l. per Annum hither in Coin. The English, as yet, little frequent this, in respect of this Prohibition; but the Dutch and French. -

This costeth the Kingdom nothing, but employeth Ships, and Shipping : Is carried to Spayne, and Bilboa, where the People willingly pay for it Silver; which may be lawfully transported, being for Victual. -

Moveth therefore a free Liberty for all the King's Subjects for fishing there. - That the Taking of Timber and Wood no Prejudice to the Colony. - A beneficial Fishing hoped for on the South of America. - Pitiful, any of the King's Subjects should he prohibited: sithence Dutch and French at Liberty; who come; and will fish, there, notwithstanding the Colony. - That the Northern Colony of Virginia now prohibiteth Timber and Wood, where nothing worth; and take away the Salt, the Merchants leave there.

Mr. Glanvyle: - That this Committee may direct some Government for the Mariners; who spoil Havens with casting out Ballast, &c.

Mr. Secretary: - Doubteth, the Sub-committee hath not heard the other Part; Doubteth, the Fishermen the Hinderers of the Plantation. - That they burn great Store of Woods, and choak the Havens. - Never will strain the King's Prerogative against the Good of the Commonwealth. - Not fit to make any Laws here for those Countries, which not as yet annexed to this Crown.

Mr. Neale: - 300 Ships at least gone to New-found-land this Year, out of these Parts. - That this complained of heretofore to the Lords of the Council. - London engrosseth all Trades, and Places. - That the Patentees for this Northern Plantation, intended the publick Good. - Intend their private, which Hurt to the Commonwealth. 2o Ed. VI. free Liberty for all the Subjects, to go to the New-found-land for Fish: Now make Men compound

for Places : - Take away their Salt. - They cannot carry even Proportion ; but must either leave, or lack. - That the Fishing there little above Seven Weeks: - No Leisure to attend an Admiral-court. - Pretence, to reform Abuses; but was to set Fines. - Taxed an Hogshead of Train-oil upon every Master of Ship, that appeared not at his Court. - That the Lords of the Council gave an Order against this, which these Planters have disobeyed. - Exacted great Sums, and shot off Ordnance against the King's Subjects. - That London Merchants, by restraining Trade, and imposing upon Trade, undo all Trade. -

That many Things may be added to this Bill. - Casting out of Ballast, &c.

Mr. Chidleighe: - To give some long Day for the Committing of this Bill: - And is for the committing of the Bill.

Mr. Guy: - If this House have Jurisdiction to meddle with this Bill, would consent to the Proceeding thereof. - That there are divers Patents. - He engaged for the Plantation of New-found-land. - The Londoners, in this, to be commended, howsoever their Greediness, in other Things, justly found fault with. - That the King hath already done, by his Great Seal, as much as can be done here by this Act. -

That the French planted there about 30 Years sithence. That Provision made, the Fishermen might have Timber, or Wood, there. That the Plantation ever furthered our English Merchants.

Moveth, the Pirates may be repulsed, if they come thither; and this to be provided for by the Bill.

Mr. Brooke: - That we may make Laws here for Virginia, for, if the King give Consent to this Bill, passed here, and by the Lords, this will controul the Patent.

The Case diverse for Gascoigne, &c. which Principality of themselves. - To commit it.

Sir Edw. Sands: - That Virginia holden of the Manor of East Greenwich.

Committed to Sir Edw. Sands, Burgesses of London and Yorke, all Burgesses of Port Towns: And all, that will come, to have Voice: - This Day sevennight, Exchequer Chamber.

Sub-committee.

Sir Geor. Moore: - That the House may nominate a Sub-committee.

Sir Edw. Coke, Mr. Noye, Mr. Crew, Sir H. Poole, Sir Jo. Walter, Sir Ro. Phillippes, Serjeant Ashley, Mr. Glanvyle, Sir Edw. Sands, Sir D. Digges, Sir Sam. Sands:

These are appointed to be the Sub-committee for the Conference with the Lords this Afternoon.