House of Commons Journal Volume 1: 29 November 1621

Jovis, 29 Novembris

Committee of Privileges.

THE Committee of Privileges put off till Tuesday next.

Courts of Justice.

Sir J. Perrott moveth, concerning Lambe and Cradocke,

- To have the Sub-committee for Courts of Justice, to sit in the Mornings, and receive Petitions against Courts of Justice, &c.

Mr. Alford, contra: - Because, by that means, many of the Members absent from the publick Service of the House.

Resolved, The Sub-committee shall sit at Two of the Clock every Afternoon, Friday, Monday, and Wednesday, in the Court of Wards, to receive Petitions; and begin To-morrow.

Sheriffs Accounts.

Bill for Sheriffs Accounts, - To-morrow in the Afternoon, Exchequer Court.

Bill for Arms, - Monday next, in Westmynster Court.

Heron's Judgment.

L. 1a. An Act for Confirmation of a Judgment given for his Majesty in a Scire facias, in the Time of this Session of Parliament, against H. Heron, and for Declaration of the Letters Patents, therein mentioned, to be void.

Privilege.

Sir Wm. Spencer: - That one Robert Napper, a Solicitor of all Papists Business in the West, knowing Mr. Tho. Bruerton to be a Parliament-man, served a Subpoena upon him. - He to be sent for by the Serjeant, to answer his Contempt.

Administrations.

L. 2a. An Act for the better Granting of Administrations.

Dr. Zouch: - Liketh the Bill well; but hath Defect: For no Provision for any Creditor to take Administration, if none of the Kin will require it. - To have this added.

Dr. Gooch: - As the Law now, the Administration to be granted to the Widow, or next of Kin. The granting Administration to Six, very inconvenient; for may dwell in several Counties; where the Ordinary cannot call any out of his own Diocese; and will not answer, but jointly. Difficulty, by this means, in the Distribution. Some of the Six may be in their Minority. - Not fit, to stay till their full age.- -

For the Distribution in pios usus; no Provision here to know what it is. - To have no Commutation, but in open Court; a Record to be made of it; and, at the Year's End, a Record to be made of the Bestowing it.

Mr. Alford: - Hath been delivered here in Parliament, that some One Bishop hath made his Revenue 140 l. per Annum. - Is against the Recording of it: - For Men may err, but would not be shamed for ever.

Sir H. Poole: - To provide by this Bill, that One Administrator. -

Sir Geor. Wright: - No Penalty inserted in the Forepart of the Bill. - To have this added. -

Committed to Dr. Zouch, Dr. Gooch, Mr. Fanshaw, Mr. Hackwill, Sir Nath. Rich, Sir Tho. Barrington, Mr. Weston, Sir H. Poole, Sir Geo. Wright, Mr. Alford, Sir Geor. Moore, Sir Francis Barrington, Sir W. Heale, Mr. Noye, Mr. Pymme, Mr. Chancellor Duchy, Mr. Whitby, Mr. Purfery, Sir Wm. Strowde: - This Day Sevennight, Exchequer Chamber.

Ordered, That when any Bill committed, One shall be named to take the Bill. Sir H. Poole to take this.

Vere's Nat.

L. 3a. An Act for the Naturalizing of Eliz. Vere, and Mary Vere, Daughters of Sir Horace Vere Knight: - Upon Question, passed.

Informers.

The Bill of Informers being new-written, a Precedent of 27 Eliz. read.

Sir H. Poole, Mr. Hackwill, Mr. Noye, Mr. Crew, to examine the new-written Bill with the old, and the Amendments.

Grievances.

Sir Edw. Coke; - That, besides the Patents of the Grievances damned here, divers others complained of here: Wherein desired to know the Pleasure of the House. - That his Majesty hath put down many by Proclamation, sithence the Recess. - To restore the old parliamentary Course for these, viz. Rolls of Petitions of the Commons. - That himself hath a Note of all these Rolls, before and sithence Ed. [1.] wherein the King giveth an Answer to every of them. -

To be Petitioners to the King, that we may have Answers to every of our Petitions of Grievances, expressed in a Parliament Roll, according to ancient Course. - 1. A Patent against Importation of Cards: 2, Packing of Ling: 3. Sea-coals: 4. Hard Wax: 5. Sole Buying of Lampries: Dispensing with the hot Press: Conservation of the Thames: New Corporation of Apothecaries : Wine-cask : Shreds and Lists: Sole Scouring of Arms: Garbling of Tobacco : Printing of Linen : General Remembrancer: Woodmonger. -

To take the principal of these, and to petition the King to decry all of like Nature.

Mr. Alford: - These Patents extend but to some particular Monopolies: - That the Committee may take Consideration of all.

Mr. Neale desireth, the Patent, restraining Fishing, may be heard To-morrow.

The Staplers Business to be first heard at the Committee for Grievances To-morrow. - Resolved.

Ordered, A Roll to be made of all our Grievances according to former Usage. The Committee, formerly appointed, to attend this upon Saturday in the Afternoon, in the Committee Chamber.

The Committee for general Grievances, to sit To-morrow: That, for the Staplers, first; and after, the most general Grievances to take place first before more particular.

Ingrossed Bills.

Mr. Crew: - To read now the Bills ingrossed; and then to prepare.

Secret Offices.

Secret Offices: - This Afternoon, Exchequer Chamber.

Privilege - Prosecution of Members.

Sir Ro. Phillippes maketh Report of the Business concerning Lepton and Goldsmyth. - Three Parts: The Plot, and Practice. The Practisers: And Proof. -

The Plot; - against Sir Edw. Coke, in collecting many Articles against him, for Injustice, and deceiving his Majesty, contained in 11 Articles.

The Plotters; Lepton, who had a Patent damned in this House; and Goldsmyth, a Patentee for Apprentices.

The Proof; by Papers found, and Testimony of Witness. -

The Papers; Copies of Letters, and the Letters themselves. The Copies of the Letters directed to a Lady, but not naming him. - That now Matter sufficient to ruin Sir Edw. Coke; but, if she liked it not to proceed, then to have that Letter brent. - A Postcript; that the Witnesses loth to speak the Truth, in respect of the Wealth, Wit, and Eminency of Sir Edw. Coke. -

Another Letter, having Wax to it, to a Lord, about a Petition to his Majesty; and the Answer of a Lord to it - Goldsmyth and Farrington. - That the Fox would presently be on foot. - Another Letter from Lepton to Goldsmyth, to have him come up, mentioning his good Lord. . Lepton, gone: So confessing his Guiltiness. -

That Goldsmyth, examined, confessed his former Hatred to Sir Edw. Coke. - That they had their Origin before the Parliament. That he acquainted the Lord Haughten with these Things; who refused to meddle in them, in respect of the Disgust between Sir Ed. Coke and him. -

That Goldsmythe's, Distaste of the Proceedings against him in Parliament quickened by that means to proceed. That Lepton complained to Goldsmyth, that Sir Ed. Coke, in the Parliament, had used him roughly and coarsely. That Goldsmyth told him, he had sufficient Matter against him; which Lepton promised to prosecute by his Friends. -

That the Matters, gathered against the Lord Coke, some 35 Years old; none so new of Seven or Eight Years. -

That Goldsmyth confessed, he had acquainted Lord Haughten with these Things, sitting the Parliament, in Trinity Term last.- -

That Lepton promised to procure a Warrant from the King to him, to follow the Business. That Goldsmyth rather advised a Petition. That, upon this, Lord Keeper assigned Counsel against Sir Ed. Coke; whereof Mr. Speaker the first. - -

The Witnesses. - Howard; - That One (describing Lepton) came to him, enquiring, if Sir Ed. Coke had not wronged him. That he had his Case in Writing. - That divers, wronged by him, resolved now to prosecute him, in the Star-chamber. - That Goldsmyth confessed, he sent him; and that it was Lepton. -

An Affirmation of one Lawrence, that Gardener said, that Sir Edw. Coke should be crushed ; and it should be violently prosecuted ; giving this Reason for it, because he had so violently prosecuted him for his Patent of dispensing with Apprentices: And that Mr. Lepton did the like.

The House calling to have these read;

Mr. Dr. Gooch, - against the Reading.

Mr. Whitby . - That, if they be read, Sir Edw. Coke, may have Time to answer them in Writing; ne aliquid haereat.

Sir Edw. Gyles: - This of great Consequence to this House. -

1. Antedating Confessions against Recusants. 2. Dismissing Causes out of the Star-chamber, being One of the chief Judges. 3. Champerty, and Maintenance, being a Judge. 4. Enforcing a Jury to give a false Verdict, in a Cause concerning the Earl of Arondell; another Verdict afterwards being found contrary before Justice Willyams. 5. Mr. Howard's Case. - That he got, from Mr. Howard, Lands, worth 1200l. for 500 l, whereof with-holdeth 160 l. 6. Sturgeon's Case. 7. Misleading a Jury, in Case of Life, in Wyld's Case, in favour of Sir H. Warner's Case,

8. Acquitting a wicked Woman at Norwich Assises. 9. Caused divers Causes in the Star-chamber to be dismissed - Francis Jacob: Farrington. 10. His Pride, Insolence, &c. in his Charge at Norwich. 11. Popularity for Commoners, &c.

Mr. Speaker: - That, if ever Sir Ed. Coke did Favour to any in the Star-chamber, it was to Goldsmyth; he being then of Counsel with Goldsmyth. - Which Mr. Crew affirmeth; and that Sir Ed. Coke said, he would not have a young Man crushed.

Mr. Noye: - A Conspiracy proved here. The punishment for a Conspiracy, by the Law, that he shall forfeit his free Law. - Practice here, though no Execution, - Indictment against one, that informed the King against an Alderman, for transporting Wool without Custom. - That these have offended against this House, because they have practised against Sir Ed. Coke for that was done here against them. - Goldsmyth should have been punished here for his Patent. - An Article in the Eyre, for seeking Revenge against any, that shall follow them in any Court of Justice. - First to hear these Men by Counsel, if they will; and, having heard them, then to proceed against them.

Mr. Hackwill: - This of great Consequence to the House. - To conspire to accuse, and for doing Good. - This, of all other Places, Cause to be most free. - The Censure of a Conspiracy, a villanous Judgment. - To get these excepted out of the Pardon.

Sir Ro. Phillippes: - Sir Edw. Coke's, Merit ought to quicken us, - That Lepton hath exceedingly wronged his Majesty, by assuring some, he would get a Warrant of Prosecution from his Majesty. - Is now informed, that they gave out further (as Farrington affirmeth) that, if they could not prevail against Sir Edw. Coke in the Star-chamber, they would get him into Ireland; where he should remain.

A Petition of Mr. Goldsmyth read.

Sir Wm. Spencer -

Mr. Goldsmyth to be here To-morrow, at Nine of the Clock, to answer his Offence at the Bar; and Farrington also to be sent for, to be then here.

Lepton's Patent.

Sir Edw. Sackvyle: - That Lepton's Patent damned here. - Hath executed it sithence. Hath gotten the Attorneys Fees; and so gaineth more by it, than before.

- A Letter, by Misinformation: - Reference to the Counsel: - Their Opinion.

Resolved, That, if Mr. Lepton can be taken, he shall answer his Contempt, by executing this Patent sithence it was damned by the House.

Charge against Sir H. Spiller &c.

Sir H. Spiller: - That Farrington, that hath now plotted against Sir Edw. Coke, the first Man, that accused this Man to this House. That Farrington, Grimston, &c. have preferred divers Articles to the Sub-committee against him. That these not yet brought into the House. -

Moveth, these may be brought into the House, and the Business be here examined. - That he may have Copies of them, and will give a short Answer.

Sir Nath. Rich: - That these Men have articled against Sir H. Spiller, for Matters of a High Nature, to the Diminishing of his Majesty's Revenue, and tending to a Toleration of Religion, if they be proved true. - That the House will appoint some, to search the Records of the Exchequer, whereby the Matter will much appear.

- To have a Committee appointed for this Purpose.

Mr. Weston: - That the former Committee may first examine Farrington, before they be brought to the House, Sir Ro. Phillippes, and Sir Edw. Sackvyle: - To restrain the further Execution of this Patent.

The House declareth their Opinion against further Execution of this Patent.

Resolved, A Warrant to the Serjeant, to apprehend Lepton.

Sir Jo. Strangwayes moveth Sir H. Spiller may have Copies of the Articles against him.

Sir Tho. Wentworth: - That Sir N. Rich intended Cradocke and Lambe, and not Sir H. Spiller.

Sir Nath. Rich: - That Farrington and Grimston may be commanded to attend, and may be free from Imprisonment.

Mr. Spencer. - No Copies, till a Report to the House.

Master of the Rolls, Sir Nath. Rich, Sir Wm. Spencer, Mr. Crew, Sir Jo. Strangwayes, Sir H. Withrington, Sir P. Hayman, Mr. Clench, Sir Walter Earle, Sir Wm. Boulstreade, Sir H. Poole, Mr. Drake, Mr. Pymme, Mr. Solicitor, Sir Francis Barrington, Sir Guy Palmes, Mr. Alford, Mr. Edw. Spencer, Sir J. Perrott, Sir Jer. Horsey,

- Monday, Exchequer Chamber. - To examine all Matters concerning Sir H. Spiller, both the Parties accusing, and the Records. These Parties accusing to be privileged from Arrests, at their Coming about this Business.

Palatinate.

Sir Geor. Goring moveth, the Sub-committee may petition the King, that, sithence the King hath tried all Courses to recover the Palatinate, in Peace, and hath now written to the King of Spayne, to write to the Emperor to restore it with Peace, or else to withdraw all his Forces, and neither to aid the Emperor, directly nor indirectly ; if this not granted, War upon him; a Petition to the King, That, if the King of Spayne shall refuse this, he will be pleased to declare open War against the King of Spayne, or any other, that shall oppose himself against the Palatinate. Resolved, This to be considered of To-morrow Morning.