Mercurii, 20o Aprilis
L. 1. SIR H. Poole offereth a Bill, intituled. An Act for Restitution of Possession, to be granted in certain Cases, upon Entries with Force, or holding with Force.
Bills of Grace.
Sir James Perrott; - That Eleven Bills of Grace tendered by his Majesty, and but .... read once. -
Doubteth, that Report in the Country may do his Majesty hurt.
Mr. Alford moveth, that the other Matters in general may go Hand in Hand with these particular Graces; which some make little Account of, and a Knight said, he would not give 3 d. for them.
Mr. Fuller offereth an Act to reform the Abuses of Excommunications in divers Cases.
Leave of Absence.
Sir George Moore moveth for Leave for Sir Edmond Bowyer, One of the Knights for Surrey, to go to the Bath, for Prevention of the Palsy, whereunto he is subject: And Ordered.
L. 1a. An Act for erecting of a Pier in Axemouth.
Business in Easter Week.
Sir Wm. Strowde moveth, that the House may sit on Wednesday and Thursday in Easter Week, to read and commit some ordinary Bills; and not to meddle with any great Matters, till the Week after.
King's Grace,and Supply.
Sir Geor. Moore: - The King's Grace, and his Supply, to go part passu; but the Graces in that Place to precede.
Ordered, upon the Question, That the Consideration of his Majesty's Supply shall not be meddled in, till Thursday after Easter Week, the Fifth Day of May; and then to be treated of.
Sir Edwyn Sands reporteth the Resolution of the Committee for Petitions Yesterday. - That the Order for preferring Grievances, referred to the Committees, resolved now to stand, and be entered, as an Order of the House.
Ordered, upon the Question, That the former Order shall be entered, as an Order of the House, for this present Parliament. -
Copy of Petitions.
That Mr. James desireth he may be paid for the Copy of the Petitions: And that referred to the Committee for Privileges, to give him what they shall think fit. out of the Money in Sir Tho. Smythe's Hand. -
Reporteth the Monopoly for Glass, &c. - A pregnant Monopoly, shewing a present Likelihood of a new for making Iron. - That the new Patent a strong Monopoly: A surreptitious Patent.
The Patent read by the Clerk, and the Names of the Petitioners.
Mr. Fuller: - Ruled in the King's Bench, against a Monopoly of Cards, which unnecessary; where Glass necessary. - This as dangerous as the Impositions. Now to Glass, after to Iron, after to all other Trades. This like taking away the Mill-stone from the Poor.
Ordered, upon the Question, without any one Negative, That the Patentees shall bring in their Patent, to the Committees for Petitions, upon Monday after Easter Week; and they to have Warning given them by the Serjeant, then to attend, and bring in their Patent; and the Committee for Petitions to sit then for that Matter specially, and after for all other of like Nature, as the Time will serve.
French Company's Patent.
Reporteth the Matter for the French Company. - That the Preface contrary to the Body of the Patent; for the Pretence of the Preface against Monopolies, yet the Patent a plain Monopoly of Trade.
Mr. Duncombe: - That free Trade is every Man's Inheritance and Birth-right. That this a very wicked Charter, being the Undoer of many thousand Families of Spinsters, Weavers, &c. - Concludeth, it may be brought in, cancelled, &c. and their Punishment referred to a further Consideration.
Mr. Serjeant Mountague : - That, when heareth London named, he summoned. - Speaketh not for the Patent. - That in Acts negative, or penal, a Non obstante will dispense, notwithstanding a special Provision against a Non obstante: Otherwise, where it is in the Affirmative; ut hic. - Multa facta licent, quae infecta non licerent. -
That many Things done against the Laws of the Kingdom, holden good. The Law of Magna Charta general for the Liberty of Merchants in trading. That 4 Jac. a Law made for Exeter, for a Patent, for meritorious Causes, which crossed both the Law of 3 Jac. and of Magna Charta.
Moveth, that they may present to the House the Commodities by the Patent, and the Discommodities, which will happen by Dissolution; and that they may be now spared for this.
Mr. Crew: - If Cause, for Conveniency, to alter this Law (posteriores leges priores abrogant) let them exhibit a new Bill here, upon Point of Conveniency: In the mean time, to have the Patent called in, and Consideration for the Punishment of the Procurers of it. -
That Precedents of Punishment of Offenders in this Kind, by Fine, and Imprisonment, sedente Parliamento, or in the interim. - Reciteth their Offences in undue procuring the Patent, gathering Money, &c.
Moveth, that if they will voluntarily, in open House, surrender their Patent, to be called, the Speaker sitting in his Chair, with Means to make a Vacat, then the Punishment may peradventure be diverted. - Moveth for a second Reading of the Bills of Grace this Day.
Mr. Fuller: - That the Patent may be made convenient. - Addeth Government, with Liberty of Trade.
Sir Roger Owen: - Taketh Advantage of Mr. Serjeant's Opinion for the Difference of Non obstante upon Affirmative, &c. - That Excester Course fit, and may be observed now.
Sir Tho. Smyth: - That he thinketh himself the fittest to put an End to this Question, That so a Proceeding to other Business. - Desireth Satisfaction, whether more honourable for the House to have it brought in, or to command it to be brought in. If he can govern them, they shall bring it in.
Sir Wm. Strowde: - That Mr. Serjeant Mountague agreeing, the Patent gotten against Law, moveth the Privy Council would relate to the King, how taken. -
Mentioneth a Course against them in the Star-chamber.
Mr. Middleton: - (To answer Sir Wm. Strowde, who would not only kill. But flea ) - That no Error ever in Parliament more submissly acknowleged. - That no Intendment to use the Patent otherwise than for the Good of all Parts; but confesseth some Miscarriage in it. - That the Company willing to yield up their Patent. - Moveth but for the like Patent for London, as for Excester. Sheweth great Reasons for it. - That Shop-keepers of London send over all Kind of Commodities and sell better cheap, than he bought, and return it in Tobacco; where wont to return Royals of Plate, &c. and by Tobacco get infinitely, to the Prejudice of the whole Commonwealth. -
Many of the Divines smell of Tobacco; by which appeareth they seek where the best. -
Poor Men, spend 4d, of their Day's Wages, at Night in Smoke. -
Moveth, this Patent may be damned; and an Act of Parliament for a Government by a Company.
Mr. Whittlocke: - That the Merchants of the Staple incorporated by Act of Parliament, because that altered the Common Law. - Speeches cast abroad, that, sitting the Parliament, we may dissolve what Monopolies we will; after the Parliament, they shall, all up again. -
5 Ed. III. Lyons accused in Parliament, for procuring a Licence; imprisoned by the Commons House of Parliament, and by them ordered to be fined, and ransomed. -
The same Year one Peach procured a Monopoly, that none might deal with sweet Wines, but he. Whereupon the Lord Mayor - he awarded to Prison, and fined, and ransomed.
Mr. James moveth a Restitution of all Money by them received in all other Ports, besides London.
Ordered, upon the Question, That the Patentees shall bring in the Patent the next sitting Day.
A Bill to be exhibited, for a Government by Company.
Mr. Fanshaw moveth for some Consultation for the Safety of the King's Person, by reason of the Increase of Recusants. - That they increase every where. That now they will profess their Recusancy at Table, and defend it. That in the King's Bench they will openly allege, they may not be indicted, for they have the Council's Letters; and some, that they have Letters Patents by Dispensation. That now they are at Liberty, and not in Prison. -
Moveth for a Committee, why the Penalties against Recusants not executed.
And this referred, upon the Question, to a Committee of all the House, this Day Fortnight.
Bills of Grace.
Sir Jo. Sammes: - That no Man ought here to be of the Quorum.
Mr. Serjeant Mountague: - Feareth, lest the keeping of these Bills of Grace should prove to them Bills of Blame. - Now offereth Two other Bills: 1. For Respite of Homage. 2. Of pleading in the Exchequer.
That the first Bill a Complaint in all Parliaments, yet the Remedy defeated. - The King's Mind to discharge the Fees, leaveth only -
L. 1. An Act for the better Avoiding of Charge and Trouble of his Majesty's Subjects, upon Respite of Homage.
The House adjourned until Monday Sevennight.