House of Commons Journal Volume 1: 24 April 1621

Martis, 24o Aprilis

Verzelyne's Decree.

L. 1a. AN Act to make void a Decree in Chancery, made in a Cause there lately depending, wherein Francis Verzelyne, Son and Heir of Francis Verzelyne, the elder, Esquire, deceased, was Plaintiff, and Pet. Manning, Eliz. his Wife, Mich. Palmer, Mary his Wife, now deceased, and Jacob Verzelyne, the younger, now also deceased, were Defendants.

Cecill's Nat.

L. 1a. An Act for the Naturalization of Mrs. Albinia Cecill, Daughter to Sir Edw. Cecill, Knight.

Hospitals.

L. 1a. An Act for Preservation of Hospitals, yet in Use, or Being, together with the Lands and Possessions thereof.

Fry of Fish.

L. 2a. An Act for Preservation of the Fry of Fish, and against the -

Mr. Clinch: - That above 3000 Men upon the Coast of Suffolke, which live upon this.

Mr. Towerson: - If no good Order taken, there will be no Fish at all.

Mr. Glanvyle: - This Bill, as it is, naught; made only for some Three Counties; and there not possible to fish otherwise. The particular Jurisdictions here, of the Admiral, and Cinque Ports, unusual; and the Penalties given to them; which unfit.

Mr. Carvyle, accordant.

Mr. Bateman: - Hopeth, this will prove a good Bill. - That the French use this Trayle much upon our Coast.

Mr. Lasher, - for the Committing. -

Committed to Mr. Salisbury, Mr. Bateman, Mr. Glenvyle, Mr. Coke, Sir Edw. Payton, Knights of Kent, Mr. Morley, Mr. Carvyle, Mr. Clench, Knights and Burgesses of Suffolke and Essex, Barons of Cinque Ports, Mr. Towerson, Burgesses of Port Towns: - This Day Sevennight, Exchequer Chamber.

Pomfrett Election.

Mr. Griffyth: - To assign a Day to the Sheriff of Yorke, to bring in his Return of the Election of the Burgesses of Pomfrett. - Resolved, To-morrow.

Concealments.

L. 3a. An Act for the general Quiet of his Majesty's Subjects, against all Pretences of Concealments whatsoever.

Sir H. Poole: - Doubteth, by this Bill, the King's Wastes, Forests, &c. (whereof the King hath no Profit, nor are in Charge) and Franchises, &c. may be taken from the King.

Mr. Glanvyle: - That Commoners, in a Forest or Waste, take it not as Owners: That, for Franchises, &c. none out of Possession, but at his Election.

Upon Question, passed.

Swearing.

L. 3a. An Act to prevent and reform profane Swearing and Cursing: - Upon Question, passed.

Drunkenness.

L. 3. An Act for the better Repressing of Drunkenness, and Restraining the inordinate Haunting of Inns, Alehouses, and other Victualling-houses : - Upon Question, passed.

Justices of Peace, &c.

L. 3a. An Act to enlarge, and make perpetual, the Act made for ease in Pleading against troublesome and contentious Suits, prosecuted against Justices of the Peace, Mayors, Constables, and certain other his Majesty's Officers, for the lawful Execution of their Office, made in the 7th Year of his Majesty's most happy Reign: - Upon Question, , . .

Recusants.

L. 3a. An Act for Explanation of a Branch of a Statute, made in the third Year of his Majesty's Reign, intituled, An Act for the better Discovering and Repressing of popish Recusants: - Upon Question, passed.

Welch Cottons.

L. 3a. An Act for the free Trade and Traffick of Welch Cloths, Cottons, Frizes, Linings, and Plains, in and through the Kingdom of England, and Dominion of Wales. -

Sir Rich. Newport: - Wisheth well to the Preferrers. - Divers Inconveniences found. - Grosseth divers Acts of Parliament: Procureth Forestalling: Overthroweth the Charter of Shrewsbury. - That Shrewsbury Men do not buy so much at Osestrey, as before, because -

That, by this Bill, all Men in Wales may be Retailers, and make Markets where they will.

Sir J. Perrott: - That no forestalling Power given by this Law.

Sir Ro. Phillippes: - That this Bill aimeth at a Restraint of Trade, and of Monopolies.

Mr. Berkeley: - Liberty of forestalling by this Bill. -

That the Word " lawfully" extendeth to the Person only, and not to the Place. - That it overthroweth Four or Five Statutes; 34 H. VIII. &c. - That, by this Law, any Welchman may sell by Retail, in any City or Corporation of England.

Mr. Alford: - Against this Power of selling by Retail.

- To have the Words added, " so it be not by Retail."

Sir Edw. Coke: - Is against forestalling, who an Oppressor of the Commonwealth. - He no Forestaller, who cometh to my House, and buyeth my Commodities; but, that buyeth, as they are coming to the Market. The Buyer is the Forestaller; so as he cannot lawfully buy: So for the Engrosser. - The Fear of their Retailing not great; their Goods of so small Value, and the Charge of hiring Houses, &c. great - Cannot lawfully buy there; for foreign-bought, and foreign-sold. - The Cause of our Want of Trade, Want of Freedom of Trade. The Dutch have it, we want it here. 23o Ed. III. recited, that Freedom of Trade the Life of Trade. - Upon Question, passed.

Sir E. Coke.

Sir Edw. Coke to go -

Alehouses.

Mr. Noye : - To appoint another Day, for the Alehouses. - To-morrow in the Afternoon, in the Court of Wards; and as many as will come, to have Voice.

Patent for Alehouses.

Master of the Wards: - That upon Saturday last, towards Night, he waited upon the King, to have informed him of what he thought fit, as from himself, concerning the Matters treated of in the Forenoon, in the House, concerning Alehouses. That he found the King much discontent : thinking it had been an Affront to his Speech ; saying, it was strange, his Speech had not Impression with the House, till the Sun once gone about. - That he told the King, we had not transgressed, but observed, his Direction ; for did but labour to perfect what we had begun before our Recess. That the King well satisfied, hereupon, with the Manner of our Proceedings. That he told the King, some had, sithence our Proceedings to damn the Patent, and the King's Proclamation, some had intermeddled in it. That the King consented, if no Clause of Revocation, then to proceed to -

That the King wished us to be so careful of his [Honour, as not] to destroy his Service. - That if, upon the * * * for Matter in Law, or Conveniency, and Certificate to the * * * Corruption ; no Man to be questioned : For * * [humanum est] errare. If any Bribery found, then * * * The Certificate made by the now Lord Treasurer * * * only : - And thinketh, if it be read, will * * * * the

House. -

That he told the King * * * * Jealousy of the House was, because * * Patentees Two Servants to Two great Lords. -

That he told the King, that the House informed, many Thousands had been raised, and little to his Purse, or to any, that he intended it. - Remembered the Misexecution by thousands of Processes. - That the King wished, if any such Thing appeared, to proceed, and examine it; else, Injustice in the House,

Mr. Mallory: - That some misinformeth the King. - Moveth, if they may be known, to have them severely punished. -

Sir Francis Seymor: - That he hath spoken his Conscience, of the Referrees. - Unhappiness to him, to have the King misinformed of him. - Perceiveth now, but One Referree. - That he spake most against him. - Wisheth he could yet find Cause to clear him. - That he never insisted so much upon his Certificate to the King, of his Opinion ; which being erroneous he could not be ignorant of, being so great a Lawyer. -

That he hath directed, and advised, all the Proceedings ; which altogether unjust. That he only trusted by the King with the Execution. -

That the King never intended a Composition for Recognizances, before forfeited : Now Shires sold away. - No Conviction, before these Writs went out. -

That, without Trial, the Officers brake into Mens Houses, took away their Goods, &c. - That he aimed, in what he spake, at nothing more than the King's Honour. That he that misinformed the King in this Point, an unworthy Member. - Moveth, no Member of this House may acquaint the King with any thing, in Question or Debate here. Desireth, the Master of the Wards may acquaint the King with his Protestation.

Master of the Wards : - That the King's Distinction, for the Point of Reference, was general, and not particular for this Case. - To see my Lord Treasurer's Directions, before we condemn him for them.

Sir D. Digges: - Much Thanks to the Master of the Wards, for the good Office he hath done to the King in it.

Lord Treasurer's Certificate (when Chief Justice) concerning Alehouses, read.

Sir Edw. Gyles: - Lord Chief Justice's Intention, in this Certificate, good ; but the Success, in the Execution, naught.

Sir Ro. Phillippes: - To go on in the Examination of the Execution of this Patent, which as grievous as ever any.

Sir H. Withrington: - Sorry to be pleased, and displeased : Pleased with his Majesty's gracious Message now, and with the Master of the Wards his good Office done; displeased with theMisinformerof his Majesty . - That no wise Man will speak against any great Man of the Kingdom, further, than the Good of the Commonwealth requireth. That Direction hath been given to Justices of Peace (sworn to do Justice) to do that which standeth not with Law. - Wisheth, the Lord Treasurer may clear himself. - That Dixon and Almond clearly have played the Knaves. - To make them forth-coming.

Sir Tho. Hobby .- - That the Committee may have the Certificate, now read, to peruse; and report to the House.

Mr. Secretary: - Sorry, this ill Office done to the House.

- That upon Saturday, upon Four of the Clock, the King told him of the Proceedings that Forenoon, concerning Alehouses. - That he not present in the Forenoon. - Not to meddle with Lord Treasurer, who, thinketh, dealt justly. - To examine first those which have executed the Patent. - To look first to the Streams, if they found corrupt; and from thence go upward, and try all.

Sir Tho. Jermyn: - To examine the Fault, without Respect of Persons. - Peccatum, quod tibi placet, tuum est.

Sir Francis Goodwyn: - A great deal of Evil, and Insolency, in Execution of this Patent, against the Justices of Peace, who made Servants to the Patentees. - For the Lord Treasurer -Nullum consilium ex eventu aestimandum.

Sir Edw. Mountague: - Assenteth to the Examination a radice, &c. Agreeth, a great Abuse in the Execution.

- That my Lord Treasurer scandalized. - Wisheth, he may now be sifted, and if cleared, may have * "* * *

Sir Geor. Moore: - No doubt but the Misexecution of the Patent great.

Sir Francis Seymor offering to reply to Sir Edw. Mountague's Speech, interrupted by Mr. Speaker; because, against the Order of the House, to speak twice in One Day: Which is for avoiding Replies, and Spending of Time, and to avoid Heat.

Sir Edw. Coke: - That resolved here in this House, and reported to the Lords, that no Licence need for setting up an Inn. - Never any: No Franchise. No Quo Warranto ever brought for setting up an Inn. A Trade : For tradit nobis necessaria.

Sir Guy Palmes: - That Dixon and Almond may be made safe.

Sir Edw. Mountagew undertaketh for Dixon his forthcoming.

Sir Edw. Gyles: - That the Plenty being now so great, yet the Prices of Things hold high. - To have -

Sir Edw. Payton, speaketh for the Integrity of Almond, and undertaketh for his forth-coming: And accepted.

Sir Edw. Sackvyle : - That the House Yesterday offered to accept Sir Tho. Low his Word for Sir Jo. Bennett; Therefore to accept the Word of these Gentlemen now.

Inns, &c.

To draw several Bills for Regulating of Inns and Alehouses, and the Prices of Horse-meat, &c. and of the Clerk of the Market: -

Mr. Noye, Sir Jo. Strangwayes, Mr. Crew, Mr. Drake, Sir Guy Palmes, Sir Francis Barrington, Mr. Solicitor, Sir Geor. Manners, Sir Francis Crane, Sir Gilbert Gerrard, Sir H. Poole, Sir Francis Goodwyn, Sir Peter Fretchwell, Sir Jo. Heppesley, Mr. Pymme, Mr. Whitson, Chancellor Duchy, Mr. Glanvyle: - Saturday, Court of Wards.

Abuses by Briefs.

Sir Ro. Phillippes: - Against the Abuses by Briefs. -

Gotten to be an Office - Our Charity sold. - 1,500 l. per Annum out of Somersettshyre -

Conferences, &c.

Sir Edw. Coke reporteth from the Lords ; 1. That he delivered the Seven Bills : 2ly, Moved a Re-conference concerning Informers : 2ly [a], A Conference concerning Sir Jo. Bennett.

Sir J. Bennett.

Mr. Baron Denham and Mr. Serjeant Hitcham bring Answer from the Lords: - They accept a Conference for Sir Jo. Bennett, in the Painted Chamber, at Four of the Clock this Afternoon. The Committee, the whole House.

Informers.

For the Conference about Informers; - To-morrow, Four of the Clock, at the same Place; with Power to make a Sub-committee, to debate, as was desired by this House.

Sub-committee.

Mr. Alford: - Against Appointing of a Sub-committee. Sir Edw. Coke, contra.

Answer to Lords.

Answer returned by the Messengers: We will attend the Services, according as is desired; and with such Power, as is desired.

Sir J. Bennett.

The Six Heads only to - related to the Lords; as he faulty in them, in our Opinion: For the rest, contained in the Paper, as a mere Narrative.

Sir Jo. Bennett Children's Petition read.

Mr. Recorder: - That the Sheriffs watched with him all Night, and divers of their Servants.