DIE Veneris, videlicet, 16 die Aprilis,
post meridiem, Domini tam Spirituales quam Temporales,
quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
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p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
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p. Epus. Sarum.
p. Epus. Exon.
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p. Ds. Grey de W. |
Anstruther and Abercromy qualified for Naturalization.
Sir William Anstrother, Knight, and Patrick Abercromy, took the Oaths of Supremacy and Allegiance, according to the Statute, having exhibited their Bill of
Naturalizing.
Young's Naturalization.
Hodie 3a
vice lecta est Billa, An Act for the Naturalizing of John Young, Doctor of Divinity, Dean of
the Cathedral Church of Winchester.
And, being put to the Question, was generally
Assented unto.
The Lord Keeper reported the Conference Yesterday
at Whitehall between the Two Houses, on this Manner,
videlicet:
Report from the Conference, concerning the Lord Treasurer.
"At this Conference, Sir Edward Cooke (on the
Behalf of the Commons) shewed, That the
Knights, Citizens, and Burgesses assembled in Parliament, are always elected, the Knights by the
Counties, the Citizens by the Cities, and the Burgesses by the Boroughs of the Kingdom:
"That Your Highness and my Lords do enjoy your
Places by Blood and Descent; some of your Lordships by Creation; and the Lords Ecclesiastical by
Succession; but the Members of the House of Commons by free Election. They appear for Multitudes,
and bind Multitudes; and therefore they have no
Proxies. They are the Representative Body of the
Realm; for all the People are present in Parliament
by Person Representative; and therefore, by the
Wisdom of the State, and by Parliament Orders, the
Commons are appointed the Inquisitors General of the
Grievances of the Kingdom; and that for Three
Causes:
"1. Because they have best Notice from all Parts
thereof.
"2. They are most sensible, it is not your Lordships,
but the weakest Commons, that go to the Wall.
"3. As in a natural Body, not the Disease, but the
Neglect of Cure killeth, non morbus sed morbi neglecta
curatio interficit; so the long Delay of Cure of
Grievances corpus politicum interficit; and this would
happen if they were not found out by the Commons.
"In their Inquisition, they found (what they scarce
ever did before in this Kind) many great, exorbitant,
and heinous Offences against a Member of this House,
the Lord Treasurer; and they found him guilty after
a strange Manner; for, in all the House, no Man said
No; but concluded against him, nemine dissentiente.
"That the House appointed him (Sir Edward Cooke)
to present Three Enormities unto your Lordships, much
against his Mind; others were far more sufficient, as
well in regard of his great Years, as of other Accidents; yet, he said, he would do it truly, plainly, and
shortly.
"There were Two great Offences in general, which
they had distributed into Two Parts; one of the
which should be represented by him, and the other
by his Colleague.
"That which he should represent, was to consist of
Two Charges: 1. Gross and fordid Bribery. 2. For
procuring good Orders of the Court of Wards to be
altered; for it was done by his principal Procurement: 1. To the Deceit of the King. 2. Oppression
of the Subject. 3. Enriching of his own Servants.
"He would begin with presenting unto your Lordships the Bribery. And here he craved your Lordships Favours, if he should seem long in touching
some Circumstances; for Circumstances to Things are
like Shadows to Pictures, to set them out in fuller
Representations, wherein he promised to observe
seriem Temporis.
Lord Treasurer's First Charge from the House of Commons.
"17° Jacobi, By the Lord Treasurer's Privity (for it
concerned his Skill properly, which was Merchandize) a Lease of the Subsidy and Imposts of the
French Wines was let to the Farmers of the Petty
Farm at Forty-four Thousand Pounds Yearly Rent,
and for Fifty Thousand Pounds Fine; with a Covenant from the King, that no more Impost should be
laid during their Lease, because they knew that Impost would overthrow Trade.
"Yet the Farmers were not content with this Covenant for their Money and their Trade (for Money is
their Plough, and Trade their Life); they desire an
Addition of the King's Word to this Covenant: They
have Access to the King; and that Covenant was confirmed and repeated by Him, verbo Regio, in the Presence of the Lord Treasurer; then they thought
themselves in tuto, and that they did in portu navigare,
freed from all Storms and Tempests.
"But behold, Anno 1621, the first Thing my Lord
did in his Office was the laying of an extreme Impost,
of Three Pounds per Tun, upon the French Wines,
which the King, by reason of His Covenant, could
not, and, by reason of His Word, would not surely
do.
"This Imposition was against Justice, the Covenant,
and Honour of the King. The King surely, had He
been rightly informed, would never have done it.
"Upon this the Trade sank, and they became
Suitors to his Lordship for Relief for Ten Months
together; but with no Success.
"Michaelmas, 1622, They petitioned to his Lordship, That the Trade was overburthened, and themselves quite undone. It is a Rule, that a Commodity
over-burthened enricheth not the King, but quite
destroyeth the Trade; but hereof they have no Success.
"Then they prefer a Bill of Right against the King
in the Exchequer, because of the Breach of Covenant; to the which they can obtain no Answer in
Michaelmas Term. The King's Attorney knew well
enough of the Bill, but could not for his Heart devise an Answer for it.
"December 22, 1622, The Term is out; they are
out of the Money, and the Trade is gone. They appeal, therefore, to the Fountain of Justice, the
King's Majesty. The King is very gracious unto
them, and said, God forbid any Man should lose by
Him; He knew nothing of this; it was the Lord
Treasurer's Act and Device. And so His Majesty allowed them a Deduction of Nine Thousand Five Hundred Pounds to be made unto them in Nine Years.
Well; verba sunt hæc; these were but good and gracious Words; it filled not their Purses. They must
have a Warrant from the Lord Treasurer, to put this
Favour of the King's into a public Act; and this they
could not obtain from December to the End of June.
The Men understand themselves very well, and look
about them, how this Stay comes. One of them tells
another, The Business sticks; my Lord looks for somewhat; and the Man was in the right, for so the Sequel
proved.
"Five Hundred Pounds Bribe was paid to Jacob, for
my Lord's Use; and straitway all was well; the
Warrant went current, and all was passing well.
"One Thing remarkable: This was taken out of the
Petty Farms, set down in their Monthly and Yearly
Books, and called a Gratuity, Speciosaque nomina culpæ.
"Some great Space of Time after this, there was a
Voice of a Parliament (Oh! said Sir Edward, Parliaments work wonderful Things!). Then the Lord
Treasurer began to cast a Circle, and to fall to his
Conjuring; he calls upon Jacob, and commands him
to transfer it to the Great Farm. Here was observed,
that Suppressio veri is an Argument of Guiltiness in the
Law.
"Here was also observed (in a Parenthesis), that it is a
blessed Thing of those that love Parliaments; and
that surely this Lord, of all others, loved them not,
because he cast himself into this dark Mist when he
should meet them; nescio quid peccati portat ista purgatio; this argues much Guiltiness.
"Here he nominated his Witnesses; which, he said,
were without Exception. This Bribe is proved by
Hide, Dawes, Bushop, and by Abraham Jacob; he a Witness with a Witness; for Jacob blanched
this Bribe as well as he could, and was taken in Three
notorious Falsities.
"1. He was charged, the Money was delivered to him
by Hide. He avowed he had never received it; yet,
being confronted with Hide, he confessed it. There
was One.
"2. He had received the Money, but gave his Bond
for it. Hide affirming to his Face, the Bond was for
other Money, and no Bond at all for this; he likewise
confessed it. There was Two.
"3. He said, he never had any Warrant to enter the
same in the Petty Farm; yet afterwards he avowed he
had. And there is the Third Falsity.
"Here the Knight observed, that Jacob was my
Lord's necessary Creature and petty Chapman, and
had a Son that was his Secretary; and, because he was
a Jacob, that is, a Supplanter, he desired your
Lordships to take good Care of him.
"About the Beginning of this Parliament, my Lord
sent for this Jacob, asked him if he had entered this
Money in the Petty Farm? He said, Yea. Then,
said my Lord, go about it presently, and see that the
Cockets and all Things else be suppressed in the Petty
Farm, and this Money removed to the Great Farm,
for I would have all hid and suppressed.
"Here the Knight observed, that fordid Bribery is
like Adam, and would fain get some Fig-leaves, if it
could tell but where to gather them.
"Upon the Delivery of this Charge (as was desired
by his Friends) to the Lord Treasurer, they of the
House of Commons expected an Answer of some
rare Wit, for so this Nobleman was reputed in that
House. But his Lordship deceived their Expectation;
for it was utterly in every Point, he would not say
false, but surely untrue: Four Things he denied, as
he was a Christian; and they all Four directly proved
and made good against him. And so much was delivered concerning the First Bribe.
"The Second Bribe was of a strange Strain; and
both these Bribes were received by him, in the
Quality of a Treasurer.
"The Farmers of the Great Customs were to renew
their Farms, and to put in Security of Forty-eight
Thousand Pounds Rent (July 29, 1622).
"Here the Knight said, he would not enlarge himself, for the Business lay in a narrow Room. The
Bribe is the Point. My Lord liked the Sureties well;
but some of them sell off, and my Lord would not
accept of the rest. Seven Thousand Five Hundred
Pounds of the Rent was reserved for a Year and a
Quarter; after long Delay of their Lease, and Five
Hundred Pounds in Gold paid unto him by the Hands
of Jacob; then the Security formerly rejected was
now accepted; which Act of his Lordship's the
Knight confuted by this Syllogism: The Sureties
were either sufficient or insufficient; if sufficient, the
Bribe was too much, and the Farmers oppressed; if
insufficient, the Bribe was too little, and the King
was cozened.
"The Second Bribe is proved by Worstenholm, Garraway, Williams, and (if you please) Abraham Jacob; and so much of these Two Bribes taken in the
Capacity of a Treasurer.
"Now he comes to the Court of Wards; and shewed, that the Lord Treasurer's Offences herein are of
a rare Strain: First, the Knight noted (by Way of
Preface), that Honos, the Honour, must be given to
him that deserved it; all the good Artifice of that
Court began under Treasurer Salisbury. Then were
Articles invented that holp the King to all His Revenues, and tied the Officers to their own Fees and
Places. The King's Revenues prospered well then;
and these Articles, by the Advice of the Judges,
were confirmed under the Great Seal.
"When this last Lord came to be Master of that
Court (for now, faith the Knight, he is not charged as
a Lord, but as a Master), he complained he had not
Elbow Room for these Articles; he was too much
bound by them, and bound he was indeed; and
therefore he projects new Articles; and these new
Articles are charged with high Extortion, for in them
are raised Double Fees; one Fee the Surveyor formerly had, and still retains justly; another parallel
Fee to this, my Lord hath raised most unjustly and
oppressingly.
"For Extortion is a grievous and consuming Enormity
in a Common-wealth; it was the greatest Evil the
High God could foresee would befall the Enemies of
God:
"Let the Extortioner consume what he hath, and the
Stranger devour his Labour.
"In these new Articles, his Lordship created a new
Officer, a Secretary: The chief Proceedings there go
by Way of Petition. In the former Articles, those
Petitions were received by the Court, and entered by
the Clerk, without any Fee, and so were to be
found upon Record: But, in the new Articles,
this new Officer is to receive these Petitions, and
may (for any Rule to the contrary) suppress them;
and for his Fee, he taketh what he pleaseth; and
proved that he took Ten Pounds, Twenty Pounds,
Four Pounds, Five Pounds, Three Dishes of Silver,
and the like: He is altogether unlimited, unless
peradventure his Oath doth limit him.
"Another Charge in this Court is this Abuse; videlicet, The Lord Treasurer's Place requires a whole
Man, and so doth the Mastership of the Court of
Wards; whereupon his Lordship was fain (as unable to wield those Two great Places) to invent a
new Device, a Stamp, even with his own Name
Middlesex. Now this Hand moves and guides the
Seal of the Court; and therefore, being turned by
the Hand of a young Secretary, may produce strange
Consequences.
"Never any King did suffer a Subject to use a
Stamp.
"Old Lord Burleigh had a Stamp, because of his
Gout, but never suffered it to be used but in his own
Presence. King Henry the Eighth had also a Stamp;
but, by suffering it to be employed by another, an
Act of Parliament was overthrown thereby.
"He said, he would conclude with one Example. If
a Ward be not found within One Year, he is reputed
concealed, and so falls within the Dispose of the Master
of the Court of Wards. Now, by the Secretary's
keeping of this Stamp and Petitions, he may so carry
the Matter, that any Ward may prove concealed;
and that this is no remote Possibility, he brought this
Instance; À posse ad esse.
"My Lord's Secretary hath put to, and used this
Stamp, for the deferring of an Office for Half a Year;
and it is possible it might be done for a whole Year.
"The Knight said, he never knew Man before trust
a Stamp in the Hand of another Man, to command
the King's Revenue.
"He concluded this Point with this Observation:
That my Lord was a Man raised very high, and very
lately, and for expectation of Service; and that the
King had been very beneficial unto him; and for him
to be so supine in the King's Revenue, and so vigilant
in his own, was the highest Ingratitude; et si ingratum dixeris, omnia dixisti.
"Here the Knight pressed upon him his Three Oaths
taken as Master of the Wards, as Counsellor, as Lord
Treasurer.
"1. As Master of the Wards:
"You shall well and truly serve the King and People.
"He did not so; he deceived the King, and oppressed the People.
"You shall truly counsel the King.
"He did not so; witness these Articles of Oppression.
"You shall do Right to all Men.
"Impossible he should do so, with his Stamp and
these Articles.
"2. The second Oath, as Counsellor.
"You shall honestly (a good old Word), justly, and
evenly, counsel the King.
"Not so in this Imposition, which came alone out
of his Quiver, and was advised against the
King's Covenant and the King's Word.
"3. The Third Oath as Treasurer.
"You shall well and truly serve the King and People.
"He doth not so that denies or delays the Subject
(for every Delay is a Denial).
"An old Canon of the Law is,
"Nulli vendemus, nulli negabimus, nulli differemus Justitiam.
"You shall truly counsel the King in all Things.
"Judge your Lordships, whether the Lord did so,
that gave Him Counsel to break His Word?
"Sir Edward Cooke (this learned Knight) said, That
all this he spake by Command. And so prayed your
Lordships to weigh it well with due Consideration,
and to give Judgement according to the Demerits of
the Cause."
Lord Treasurer's second Charge from the House of Commons.
"Sir Edwyne Sandys proceeded to this Effect:
videlicet,
"The Knights, Citizens, and Burgesses, in the Lower
House of Parliament assembled, had commanded him
(undesirous of any such Employment) to second this
Charge unto your Lordships: That he was undesirous thereof; for he had rather defend the innocent
than discover the culpable; yet he was the Son of
Obedience, and must perform what by that House he
had received in Command.
"To decypher out this great Lord upon whom the
Charge lay, he would give of him this Character to
your Lordships:
"Nescia mens hominum est, Fatique ignara futuri,
Et servare modum rebus sublata secundis.
"The Want of Measure and Moderation most Men
complain of in this great Personage.
"That he would make his Entrance with Two Protestations; which (as you know) are Exclusions, not
intended Conclusions.
"His First Protestation, That, in this Crimination
against new Impositions, and Impositions upon Impositions, the House of Commons intend not to question
the Power of imposing, claimed by the King's Prerogative; this they touch not upon; now they continue
only their Claim; and, when they shall have Occasion
to dispute it, they will do it with all due Regard to
His Majesty's State and Revenue.
"For this Time, he desired the Word Imposition
might be forborn, and the Word Oppression taken up
in Lieu thereof; yet with a Reference to the Lord
Treasurer only, but in no Means to the King.
"The Second Protestation, That they intend to lay
now, no not the least Aspersion upon the Council Table, or any one Member thereof, the Lord Treasurer
only excepted. The House of Commons remain
fully satisfied, that he was the first Propounder.
"These Protestations premised, he branched the
Oppressions into Three Natures; used in the Wines,
Sugars, and Grocery Wares.
"And he promised to use this Method, to discover,
first, some General Matters; then to fall to the Particulars.
"The Generals are Two:
"The First, the House of Commons conceive that
my Lord Treasurer cannot be ignorant, that, in the
laying of the first Imposition, in the Time of the Earl
of Salisbury, it was promised in the Banqueting-house
at Whitehall, that His Majesty would never lay any
more Imposition upon Commodities, without the Consent of the People.
"The Second General, That my Lord Treasurer
knew well how that, in the last Assembly of Parliament, Complaint was made in the Lower House of
Commons, That the over-burthening of Trade was
the destroying of it. He was himself employed by
the House to the King to negotiate for Redress therein; he promised there that he would make it his
Master-work.
"Quid dignum tanto feret hic promissor hiatu?
"The Issue of all was this, for his Lordship to devise
new Burthens.
"These were the Two Generals; from these the
Knight descended to Particulars, and began with the
Wines.
"He put your Lordships in Remembrance, That the
Merchants had the King's Covenant and Promise; Covenant under Seal, Promise by His Royal Word, to
lay no further Impositions; and they had Reason to
desire it, for they paid a great Fine and Rent for the
Farm, which your Lordships knew best; yet, for all
this, 19° Jan. 19° Jacobi Regis, there issued forth a
Privy Seal (fn. *) for imposing Three Pounds per Tun on the
French Wines, a grievous Imposition in the Matter,
yet worse in the Manner; for, if it had been just,
yet in Equity it should have been laid before the Voyage undertaken, and the Vintage made; then it had
been known; and, if known, the Merchants (as they
affirmed in the House of Commons) had staid at Home,
deserted and given up Trading.
"But this Imposition was not laid until Two Thousand Seven Hundred Tun of Wine were arrived in the
River of Thames; and yet the Lord Treasurer gave
Command, that no Entry thereof should be made in
the Custom-house until Security was taken to pay
this intolerable Imposition.
"He left your Lordship here to consider these Circumstances:
"1. Forty Ships all laden with this perishing Commodity.
"2. Great and excessive Leakage, with being upon
the River, and the Abuse in the Passage.
"3. Thirty Shillings per Tun formerly imposed by
the Rocheloys.
"4. Twenty Shillings per Tun laid by the Merchants,
for their Servants Apparel taken away by the Rocheloys.
"5. This Three Pounds per Tun, to fill up the Measure of their Afflictions.
"Yet, instead of Compassion in this Extremity, such
as refused to pay were sessed at double the Imposts.
Others, who would not put in Bonds, after Asperity
of Language, and petitioning to the King, were committed to Pursuivants. Yet the King's Privy Council
used the Merchants honourably; they sent for the
Vintners, and, to help the Merchants, they raised the
Price a Penny in a Quart.
"Notwithstanding, the Merchants sell into the Hands
of Customers, who used them rigorously, and they
lost a great Part of their Principal: First, they paid
Half of this new Imposition in Hand, and gave Security to pay the other Half; afterwards, the Payment
was divided into Three Parts, and secured by the Merchants accordingly.
"20° Augusti following, issues another Privy Seal, to
determine the former; yet Forty Shillings only of this
Imposition is taken off thereby, and Twenty Shillings
laid on the French Wines, partially, and without Limitation; videlicet, Twenty Shillings the Tun for
London, and Thirteen Shillings and Four-pence for
the Out-parts; whereof the Londoners complained:
And it was inserted in the Privy Seal to be at the
humble and voluntary Assent of the Merchants, which
is absolutely denied; for they only consented to pay
Twenty Shillings the Tun until the Remainder of the
former Imposition, so secured as aforesaid, were paid,
and no longer; yet they were haunted by Pursuivants
until they had paid; and they complain they are undone, unless their Bonds be delivered up; they further complain, that they do pay for their Trade
Centum per Centum, and shewed the Particulars: videlicet,
"One Merchant had paid Eight Hundred Pounds to
the King, for his Part, in a short Time, and now unable to pay any more.
"Here the Knight said, that he would willingly suppress what follows; for Acerbity of Speech is no
Breeder of good Blood; but the Commons had commanded him to speak it, and to declare further, That
the Merchants compare their Sufferings under these
Impositions unto the Sufferings of the old Israelites
in Egypt, when they were commanded to make Brick
with less Straw; and they do generally prosess, that
they would drive Twice as much Trade, if their Trade
were not over-burthened.
"Upon this, they thought they had sufficient Ground
to complain; these being dishonourable to the King,
and oppressive to the People; these having violated
the King's Promise, Word, and Covenant; these Impositions (double the Value) being grievous to the Subject, and fearful to Posterity. Besides the old Imposition by Statute upon Wines, there are Three more,
one upon another. Et quis erit modus of Feeding upon
Trade?
"Here ended the Complaint touching the Imposition
on Wines.
"Then he proceeded to the Complaint of the Lease
of Sugars, procured by the Lord Treasurer; videlicet,
That whereas George Heriott held the Farm of Sugars,
upon a Rent of Ten Thousand Marks per Annum, the
Lord Treasurer procured him to surrender that Lease,
and obtained a new Lease thereof unto Two of his
Lordship's Servants (unto his own Use), at Two Thousand Pounds per Annum; whereas the Farmers pay
his Lordship Six Thousand Pounds per Annum for
the same.
"What Merits had his Lordship, in this great extreme Want of Money, as to draw from His Majesty
so great a Reward as Four Thousand Pounds per
Annum for One and Twenty Years? But the Commons Complaint herein is of a higher Nature; videlicet, That the King having granted that the Merchants importing any Merchandize, and paying the
Duties for the same, if they export the same within
Thirteen Months, their Imposition is restored. This
is observed in all other Merchandizes, save of Sugars;
the Reason is, your Lordships know who is the Farmer of it.
"The Commons further complained, That the Lord
Treasurer had turned the Composition for Grocery
into an Imposition; which his Lordship did without
any Warrant, without which, he thereby usurped
Regal Authority. That the City of London had
yielded to a Composition for Grocery; but the Outports refused, and especially the City of Bristol. And
in the Lord Treasurer Salisburyes Time, Anno 11°
Jacobi, that City had a Decree in the Exchequer,
that they should be freed of any such Composition,
upon Condition to yield to Purveyance in Kind,
when the King or Queen comes within Twenty Miles
of their City; which Purveyance cost them Eight
Hundred Pounds when the Queen's Majesty was there
Nevertheless, the Lord Treasurer directed his Warrants to levy a Composition upon the Merchants of
that City, and of the other Out-ports, against their
Wills, with Commandment to stay the Landing of
their Goods until it be paid.
"And this, he said, was the Substance of this their
crying Complaint, What more can they say, but
with wife King Salomon; If thou seest the Oppression of
the Poor, and violent perverting of Judgement and Justice
in a Province; marvel not at it; for He that is higher
than the highest regardeth, and there be higher than
He. Eccles. v. 8.
Commons demand Justice against him.
"Their Complaint is of a high Lord, the Lord
Treasurer: But your Lordships are higher than he;
the King higher; and God higher than all; whose
Justice your Lordships execute; which Justice they
humbly and instantly demand of your Lordships,
against these Oppressions."
The Complaint referred to the Committee for Munitions, &c.
This Report ended, their Lordships took into their
Consideration how to proceed in this Business; and their
Lordships referred the Examination thereof unto the Subcommittee for Munitions, etc. adding unto the same Committee,
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The L. Keeper.
The L. Steward. |
L. Bp. of Bath and Well.
L. Wentworth.
L. Spencer. |
And Mr. Serjeant Davis was added to the Attendants.
And their Lordships may divide themselves into several Committees (if they please), for expediting this
Business: and may send for any Witnesses (to be sworn
here in the Court), that may conduce to the Examination thereof.
The Names of the said Committee:
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L. Archbp. of Cant.
L. Keeper.
L. President.
L. Steward.
L. Chamberlain.
E. of South'ton.
L. Bp. of Co. et Lich. |
L. Bp. of Bath. et W.
L. Wentworth.
L. Walden.
L. Russell.
L. Danvers.
L. Spencer.
L. Say.
L. Brooke. |
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Mr. Serjeant Crew,
Mr. Attorney General,
Mr. Serjeant Crooke |
To attend the Lords., |
Witnesses in the Lord Treasurer's Cause.
The Names of those that were sent for to be examined
in this Cause: videlicet,
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Bernarde Hide.
Edmund Dawes.
Bushop.
Abraham Jacob. |
Sir John Wolstonholme.
Henry Garraway.
Jo. Williams.
Jo. Harrison. |
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, 17m diem instantis Aprilis, hora 9a, Dominis
sic decernentibus.