House of Commons Journal Volume 1: 28 April 1621

Sabbati, 28o Aprilis

JAQUES de Best sworn..

Game.

L. 1a. An Act for the reviving, Explanation, and Amendment, of the Laws, made for the Preservation of Game, by reason of the inordinate Shooting in Pieces.

Mr. Smyth, - against the Bill. - That Guns now the Service of the State: The long Bows now obsolete.

Sir Wm. Strowde, - for the Bill; Mr. Griffyth, contra; Mr. Chidleighe, pro; Sir W. Earle, contra; Mr. Salisbury, pro; Sir Edw. Gyles, Sir Ro. Bovyle, pro; Mr. Drake, pro.

Hull's Nat.

L. 1a. An Act for the Naturalizing of Abraham Hull, Gentleman.

Court Leets.

L. 1a[*]. An Act touching several Court Leets. - Upon Question rejected.

Scandalous Ministers.

L. 1a. An Act against scandalous and unworthy Ministers.

Impropriations.

L. 1a. An Act for Impropriations, belonging to Bishopricks, Colleges, and Cathedral Churches, to be let to the Vicars Incumbents : - Upon Question, rejected.

Trade.

L. 2a. An Act for the Liberty of Trade into all Countries. -

Mr. Salter; - That this Bill taketh away the King's Power of granting Corporations; and giveth Power to bring in Tobacco, or any other Commodity prohibited.

Mr. Alford: - Ordinary here to make Acts of Parliament against these Corporations. - French Company. - The Port Towns, and our Navy, much decayed. - London the Farmers of all Customs through England, and will, by their Restraints by Companies, overthrow all other Places.

Mr. Whitson : - Every Place monopolized: Time now to enlarge it. No Reason, any free Subjects should be restrained.

Mr. Neale: - No Law here ever restrained any Subject to trade freely: The Restraint grown by mere Monopoly Patents. Strangers have more Privilege here than Subjects. The Spanish Merchants have got a Company lately; so the French, against the Statute 3o Jac. The Levant Seas restrained by the Turkey Company. By their Constitutions they restrain, limit, and impose.- -

Committed to a Committee of the whole House : - Tuesday next.

Great Dispute, whether the Burgesses, free of Companies, should have Voice at Committee. Yet agreed : And every One to speak with Protestation, that he is, or is not. One of those Companies.

Attainted Persons Debts.

L. 2a. An Act for making the Estates of attainted Persons liable to the Payment of their Debts. -

Sir T. Bowes moveth, this Bill may extend to the County Palatyne of Durham.

Mr. Denny: - To have a Relief, according to a rateable Proportion.

Sir Sam. Sands moveth, a Proviso against Bonds, cautelously entered into, before Treason, or Felony, committed. - To have the Debt therefore upon valuable Consideration.

Sir Jo. Strangwayes: - That there may be a Provision., to have no Man's Estate begged before he convicted.

Mr. Salter, - for a proportionable Relief of Creditors,

Mr. Downes moveth, to have Consideration of the Duchy Power.

Mr. Whatman: - To have a Person. -

Committed to Sir Jo. Strangwayes, Sir T. Bowes, Sir H. Poole, Sir Sam. Sands, Mr. Downes, Mr. Fetherston, Sir Peter Haman, Sir D. Digges, Mr. Whatman, Mr. Carvyle, Sir Ro. Askew. Mr. Crew, Mr. Alford, Mr. Salter, Sir Rich. Spencer, Mr. Noye, Sir Ro. Payne, Chancellor Duchy, Sir A. Ingram, Sir Wm. Fleetewood, Sir O. Luke, Sir Francis Darcy, Mr. Carvyle, Mr. Morgan, Sir Ro. Bevyll: - Thursday next. Exchequer Chamber.

Court of Chancery.

Mr. Hackwill reporteth, that they searched about the Enrollment.

The Committee for the Chancery have Power to send for the Masters of the Chancery, not attendant in the Upper House, or any other, about this Business,

Mr. Serjeant Davys: - That hath a Warrant from all the Judges of that House in Fleete-street (where Eight) to say, that they never gave any such Opinion. - Were called : Lord Chancellor propounded it to them. - That every One of them delivered their Opinion of it to the contrary; and yet the Lord Chancellor said, he was of another Opinion.

Serjeant Towse: - That all the Three Judges in Chancery-lane testify the same: And so was the Opinion of the now Chief Justice.

Mr. Hackwyll: - That the Words in the Petition are only, " That competent Fees ought to be allowed to the Masters."

Sir H. Withrington: - This Bribery, and Enrolling the Privy Seal, a greater Offence, than any yet against the Lord Chancellor. - That some of these Assistants in the Higher House. - To send to the Lords, to acquaint them with this against the Lord Chancellor, and to pray a Conference about it.

Sir Edw. Coke: - Just to preserve the innocent, and punish the nocent. - Have not yet heard of any Complaint against the Judges. - Two Things considerable: 1. The

Parties Delinquents, and wronged: 2ly, Where the Offence committed: Which was here. - That the Judges, and Masters of the Chancery, Assistants above, are called by Writ. - To acquaint the Lords with the great Wrong offered the Judges; and, for that both the Parties, Delinquents and wronged, there, we have forborn to proceed here, and left it to them; yet expect, there should be some Satisfaction given in this House.

Sir Sam. Sands-: To have Satisfaction given, in every Court, to the Judges ; but that to be left to the Lords.

- Moveth, the Committee may presently withdraw, consult, and report. - That those Masters, which not of the House, may be censured here.

Sir Wm. Strowde; - That the Petition is, as Mr. Hackwill said.

Mr. Pymme: - That the Committee may have Power tosend for the Masters, not attendant in the Upper House.

- Resolved,

Sir Francis Fane: - To have Mr. Hackwill presently to go and fetch his Papers.

The Committee to retire presently into the Committee Chamber to consult; and then to report it to the House.

Sir H. Withrington moveth, to send, in the mean time, to the Lords, for a Conference.

Privilege.

Sir Francis Seymor acquainteth the House with a Defiance and Disgrace to the House, by an Informer.

Chambers to be presently sent for by the Serjeant, to answer his Offence: and Keeling, his Accuser, to be spoken to, to be here.

Abuses in Fleete Prison.

Sir A. Ingram moveth concerning the Injuries of the Prisoners of the Fleete. That they have taken View of the Lodgings, &c. Caused their Complaints to be set down in Writing: Examined every Particular. They subscribed their Names. - Extortion of unreasonable Fees, contrary to the Orders 3o Eliz. Some offered to pay what demanded, yet would give no Acquittance; and, keeping their Money, were put into the W. Bed-chanaber: For complaining thereof, had Irons put upon them; kept close Prisoners; taken out of their Beds at Midnight, in their Shirts, put into the Dungeon, laid so upon the cold Ground: their Goods taken away. - Enforced to tke Coals of him, for 12d. a Bushel of Coals; 2 d. a Faggot.

- - Maketh 24s. of a Barrel - To others over great Favour, that will pay him; giving them Liberty to go abroad, and into their Country, at their Pleasure. -

Sir Jo. Whitbrooke, imprisoned there, was removed out of a good Lodging to a worse : Complained of it: Then to a worse: Irons put upon him: Put into a burning Fever. The Lords of the Council, acquainted with it, gave Order to remove him to a better Lodging. - Placed him with Bolton, in Lodging, between whom there great Unkindness: - Would let him lie no where else, though spoken to. - Slain by Bolton. - Denied his Scutchyons to be set on within the Fleete. -

That the Committee resolved, never any such barbarous Usage of poor Prisoners. - Lived in Turkey. - Hath gotten worse than the Qualities of a Turke. - Tendereth particular Heads of these Things.

Court of Chancery.

Mr. Hackwyll reporteth from the Committee, that for all, but the Enrollment, put over till Tuesday, in the Court of Wards. -

For the Enrollment: That this Privy Seal directed to Lord Chancellor and Master of the Rolls; reciting the Reference, Certificates, and Confirmation.

Upon this Privy Seal they observed,1. An Endorsment thereof, " Irrotuletur;" and a Memorandum of the Time of the Delivery; which is " 13 Apr." and is, " Domino Cancellar." as it is in all Privy Seals, which are Warrants to the Great Seal. That in the Privy Seal no Words of Letters Patents; but in the Enrollment these Words, " Letters Patents :" And the Date of the Privy Seal left out. -

That every Man hereafter will think, this passed the Great Seal.

For the Exemplification: - Inspeximus quoddam irrotulamentum literarum nostrarum patent Magistris Cancell' concess. -

That, finding this, upon Examination they found One Lionell Robinson, then Clerk to Mr. Mootam, then Clerk to Mr. Sanders, Riding Clerk, who is to examine those Things which passed to the Rolls; That he vouched one Edw. Robinson, who denied any Examination.

That he protested, he never before enrolled any Privy Seal; and, through Ignorance; put in those Words, " and " these our Letters Patents:" And that they never put in the Words in the End of the Privy Seal. That he, seeing my Lord Chancellor's Endorsement, never doubted of the Warrant ; and then, of Course, was to make the Exemplification; and put in the Words," concess. Magistris," because they were to have the Benefit thereof.

Fleete Prison.

The Business, concerning the Fleete, to be heard upon Monday next, in the Forenoon.

Persons to attend.

Floyde to be here; and Dr. Willett, who accuseth him of the Speaking of divers Words against the Prince Palatyne.

Privilege - Person examined, &c.

Chambers called in to the Bar, kneeling, charged by Mr. Speaker, confesseth, he is the King's Servant, a Messenger, and is also an Informer. Confesseth, he said to Keeling, that he cared not a Half-penny for what Sir Francis could do against him for this Business : Denieth any other Words used; and the Words read, which were particularly read.

Mr. Wm. Fanshaw: - That this Man, the Lord Treasurer's only Messenger; is no Informer, but against Recusants : Informed now against Sir Edw. Francis, for his Wife's Recusancy; where Keeling a common Solicitor for Recusants. - To have it strictly. examined.

Sir D. Digges: - That Keeling a Man not to be well liked. - So Sir Edw. Gyles, Sir Francis Seymor: - And that both be heard, and the Offender be punished.

Keeling to be sent for by the Serjeant.

Names of Justices.

The Clerk of the Crown to be warned by the Serjeant, to give in the Names of the Justices of the Shire to the Committee for that: Who are to meet upon Monday next.

Private Bills.

Every Saturday in the Afternoon the House to sit, for Reading of private Bills.