House of Commons Journal Volume 1: 16 May 1621

Mercurii, 16o Maii

Mayle's Estate.

L. 1a. AN Act for selling the Lands, Tenements, Leases, Rents, and Annuities, of Jo. Mayle, Scrivener, for Payment of his Debts, and Relief of his Creditors and Sureties.

Butt's Nat.

L. 1a. An Act for the Naturalizing of Gyles de Butt, Gentleman,

Twyford, &c. Manors.

L. 1a. An Act to make void a Decree, made in Chancery, against the customary Tenants of the Manors of Twyford and Harwell, within the County of Southampton.

Fletton.

For Fletton: - This Afternoon in the former Place.

Deligne's Nat.

L. 2a. An Act for the Naturalizing of Sir Sam. Deligne, Knight. - Committed to Sir Geor. Moore, Sir H. Poole, Mr. Chancellor Duchy, Sir Ro. Bevill, Sir Jo. Walter, Sir Francis Barrington, Sir W. Earle, Sir Wm. Ermyn, Mr.

Whatman, Mr. Fetherstone, Sir Edw. Mountague, Mr. Serjeant Davys, Mr. Drake, Sir Jerome Horsey, Sir Tho. Grantham, Sir Ro. Moore, Sir Ro. Crane : - To-morrow

Afternoon, in the Exchequer Chamber.

Westmoreland.

L. 1a. Westmoreland Tenants.

Duchy Tenants.

Mr. Chancellor delivereth in a Bill, concerning the Duchy Tenants.

Horsman.

Mr. Weston reporteth the Bill for Mr. Horsman, with the Amendments; which twice read. - Engrossetur.

Catechizing.

L. 2a. An Act for the Catechizing and Instruction of Children.

Sir Geor. Moore: - To have Two Witnesses for Conviction. -

Committed to Sir Edw. Mountague, Sir Geor. Moore, Sir J. Perrott, Mr. Willyams, Mr. Crew, Sir W. Earle, Mr. Gardon, Sir P. Haman, Sir Rich. Gravenor, Sir Wm. Strowde, Mr. Savadge, Dr. Zouch, Sir Tho. Barrington, Sir J. Horsey, Sir Francis Barrington, Mr. Jordan, Mr. Solicitor, Sir Wm. Boulstreade, Sir Tho. Wyse, Mr. Alford, Mr. Drake, Mr. Chidleighe: - Tomorrow Afternoon, in the Exchequer Chamber.

Lord Marsh.

Mr. Taylor reporteth the Bill for my Lord of Marsh, without any Amendment.

Limitations.

Mr. Crew moveth the Bill of Limitations may proceed: And to settle a Time for the Bill for Continuance and Repeal of Statutes.

Statutes.

Friday Morning for the Bill for Statutes: And the Committee to meet To-morrow in the Afternoon, in the Inner Temple Hall, at Two of the Clock, to agree upon it.

Grievances.

Sir Tho. Wentworth : - To have a Committee, to reduce into Writing the Patents already damned, or hereafter to be damned, in this House ; to be prepared to be offered by the King; and all other Grievances, fit to be tendered by Petition to him. -

Sir Edw. Coke, Sir Edw. Sands, Sir Sam. Sands, Sir Tho. Wentworth, Sir Nath. Rich, Mr. Crew, Sir W. Spencer, Mr. Noye, Sir D. Digges, Sir Edw. Mountague, Sir A. Ingram, Mr. Solicitor, Mr. Alford, Sir A. St. John, Sir H. Poole, Mr. Pymme, Mr. Hackwill, Sir Wm. Strowde, Sir Francis Fane, Mr. Chancellor Duchy, Mr. Keighley, Sir Tho. Low, Sir Jo. Walter, Sir Edw. Peyton: - This Day-sevennight, in the Court of Wards.

Inns.

1a. - Inns.

Prohibitions.

L. 2a. An Act for Probate of Suggestions in Case of Prohibition : - Committed to Sir Edw. Coke, Mr. Noye, Mr. Crew, Sir Jo. Walter, Sir Wm. Fleetewood, Mr. Mallet, Dr. Gouch, Dr. Zouch, Mr. Taylor, Sir Geor. Newman, Mr. Manington, Sir James Whitlocke, Sir H. Poole, Sir N. Rich, Sir Edw. Sands, Mr. Whitby : - Friday next, Exchequer Chamber.

Tobacco.

Sir Edw. Sands reporteth the Bill for Tobacco. - The Committee hath yielded, to give the Patentees the first of October, for Restraint of Importation of Tobacco foreign : Yielded, upon their Promise to bring in no more than they have already contracted for. - That Michaelmas come-twelve-month, given the Parentees for to sell above the Rate of 8s. - Liberty given, to set Tobacco here, to use by the Planter, not for Sale. -

That they have already erected, in Virginia, Three or Four Iron Works, which Cost the Company 4000 l. - No better Iron in the World : - And Hopes of as good Silk to be made there as in Persia, because the best Mulberry Trees grow there.

The Bill, with the Amendments, twice read. -

Mr. Alford, - against the Restraint of planting Tobacco in our own Gardens ; And not to give so long a Time for Importation of Tobacco. - Engrossetur.

Bishop of Landaph.

Sir Tho. Row reporteth from the Committee, that they thought fit to send a Message to the Lords, concerning the Bishop of Landaph : and the Form of the Message delivered in Writing.

Sir H. Withrington: - Not fit to send this in Writing.

Resolved, This shall not be delivered to the Lords, in Writing ; but to be the Model of that shall be delivered, by way of Message, by Word of Mouth.

Sir Edw. Sands : - Not to couple this with the other Message, concerning composing Floyde's Business. - Resolved accordingly.

Bills from the Lords.

Mr. Serjeant Hitcham and Sir Wm. Bird bring from the Lords Two Bills (sent from this House) with Two Provisoes : 1. For Welsh Cottons : The 2d, For Swearing and Cursing.

Welsh Cottons.

The Proviso for Welsh Cottons, twice read : Upon Question, refused to be committed. Then 3dly read ; and upon Question, this Proviso passed; and to be added to the Bill.

Swearing.

The Proviso to the Bill of Swearing twice read ; and none speaking against it, without any Question of committing, 3dly read : and to be added.

Floyde's Business.

Sir Edw. Coke : - That he delivered our Message to the Lords, about the Composing of the Business of Floyde and that they graciously accepted it.

Glass Patent.

Sir Edw. Coke reporteth the Patent for Glasses. - 1. The Consideration failed : for no new Invention ; as proved by Certificates from divers Countries, and by Three Witnesses, viva voce, in the Affirmative: So as expressio falsi and supressio veri.

2ly. That the new Invention, only of making new Furnaces; not Power thereby for the sole Making of Glass : Therefore this Invention not to exclude Making of Glass by Wood, but only by Sea-coal. 3ly, That Restraint of Importation hindereth Trade, Shipping, Merchants, &c. 4ly, the Time of 21 Years too long. - For the Execution ; doubtful, whether the Glass now as good, as before. - That Inigo Jones, the Surveyor, said, the Glass now not so good as in ancient Times. - The Price also doubtful; whether now dearer, than before the Patent. -

This also condemned, as a Grievance, last Convention in Parliament; yet Sir Ro. Mansell presently after procured this new Patent. That 1000 l. per Annum reserved to the King ; yet none paid.

Upon Question, this Patent a Grievance, both in the Creation, and Execution.

Message.

Upon Question, That, which delivered in Writing by Sir Tho. Row, to be the Substance of the Message, without Alteration.

Sir Edw. Sackvyle to be the Messenger, and make the Report.

Proceedings against Warden of the Fleete.

Sir A. Ingram: - To have the Warden of the Fleete's Offences to be presented to the Lords; and a Committee to be appointed, to prepare it for him.

Sir H. Withrington, accordant: - And to send him presently to the Tower.

Sir Tho. Row : - That the Charge, set down by the Committee already, as good as can be.

Sir Jo. Strangwayes: - To make the Warden forthcoming: And to secure the Fleete.

Mr. Hackwill: - To hear him here, at Bar, to the Articles exhibited against him here ; else will clamour for want of Justice here.

Mr. Price: - No Credit to be given to the Warden; because he forged divers Affidavits, as made by the Masters of the Chancery.

Mr. Alford: - That an Accusation against him for Sir Francis Englefieild ; that he kept him close Prisoner 5 Weeks, without Authority, and for 4 or 5 Days kept him without Meat or Drink.

The Warden of the Fleete brought into the Bar, kneeling, the said Heads in Writing read unto him.

The first being read, concerning his Exacting of Fees, more than allowed 3 Eliz. he answereth, that, about 37 Eliz. the Lords of the Council took the Opinions of the chief Judges, for Explanation of the Orders 3 Eliz. and that he demanded no other Fees now, than according to their Explanation. That this Explanation is only for Diet

and Lodging; and, for other Things, other Committees were appointed; who made no Order against it: So as he hath done no other thing, but as his Predecessors. - Confesseth now, he findeth something more taken now, than warranted by the said Orders 3 Eliz. for which some other thing allowed again by him. - That, by the Orders 3o Eliz. 4 d. allowed the Warden for every half Day, and 6 d. for the Warden's Man :

7 s. 4 d. for the Dismission: This always received at first. The Fine, for all the Liberties of the House, about 58s. The 7s. 4 d. general for all. The other Fees; the Hall Commons, 33s. 4d. and several Fees.

To the 2d; he desireth a particular Charge, which he will confess, or deny. So to the first Part of the 3d Article : The latter Part denieth. - That he set a Guard upon Sir Francis Englefeild, yet let any come to him. This he did for about Two Days, to secure his Person. That he never -

To the 4th; he desireth a particular Charge, and then he will answer it.

To the 5th; that he hath oft provided against this : And denieth the Charge of this Article. Confesseth, he refuseth to let his Prisoners to burn Sea-coal, for fear of Danger. That he offereth any of them Wood, or Charcoal, as good, and as cheap, as abroad; or else giveth them Liberty to bring them in. That he letteth Three Cellars for 100 Marks per Annum.

To the 6th; denieth, he ever - any Means for any such Liberty, as alleged there. Which weighty, and worthy the Consideration of the honourable House.

To the 7th, for Whitbrooke; desireth the House will particularly examined. - That he knew of no Discontent between Boughton and him. - Spake of Boltons Ward; not that he would make Boughton his Keeper.

Mr. Solicitor: - That it hath appeared by the Warden's Examination, taken by the Attorney and him, that he was acquainted, almost at the Instant, with Floyde's Words against the King and Queen of Bohemia; and yet concealed it.

A Letter from Jenison to Sir H. Hastings, against the Warden of the Fleete, read.

Sir Edw. Coke: - Not fit to send him, for this Paper, to the Lords; because Generals, to which cannot answer.

- To have the Particulars set down in Writing, by the same Committees. -

That the like Complaint made against the Warden of the Fleete, 2o H. IV. n 55 in the Parliament Rolls: That the Parliament referred the Consideration of the Fees to the Lords of the Council, and some of the Judges.

Sir A. Ingram : - That this already done ; they having set down the particular Charges, and their Hands to it.

Mr. Pymme secondeth Mr. Solicitor's Motion. - We have not transferred the Matter of Floyde only to theLords.

Mr. Crew, contra: - For many stir a Question, now at Peace.

Sir H. Poole, accordant. - Thinketh him a Witch ; that diverted his own Questioning last time, by Floyde, and now would do it again.

Sir W. Heale: - That a Committee may first charge him, and hear his Answer.

Mr. Speaker: - To have this done in a parliamentary Course: And to have that read in the House, and allowed here.

Mr. Hackwill: - That the Warden of the Fleete an Officer of this House.

Resolved, The former Committee shall review the Particulars, and reduce them into a parliamentary Course ; and then to bring them into the House, and to have them allowed here.

Sir Edw. Sands : - That the Committee may add, to every Particular of the Six Heads, some 6 Particular of the chief Charges against him. - And all the former Committees to be put in One. - To-morrow in the Afternoon, in the Court of Wards.

Bishop of Landaph.

Sir Edw. Sackvyle reporteth, from the Lords, his Message concerning the Bishop of Landaph, according to the Substance of the Writing. - That the Lords answered, they had been so taken up with great Business, that they could not enter into this.

Ingrossed Bills.

Ingrossed Bills to be read To-morrow.