House of Commons Journal Volume 1: 27 April 1621

Veneris, 27o Aprilis

Tiffynn's Agreement.

L. 1a. AN Act for Confirmation of an Agreement, made between Tho. Tiffynn and John Tiffynn, and the Creditors of the Father.

Cecill's Nat.

L. 2a. An Act for the Naturalizing of Mrs. Albinia Cecill, Daughter of Sir Edw. Cecill, Knight. - Committed to Sir George Moore, Sir H. Poole, Sir J. Horsey, Sir Tho. Low, Mr. Fetherston, Sir Wm. Strowde, Mr. Glanvyle, Sir Tho. Hammond : - Presently, in the Committee Chamber. - Reported presently : - Engrossetur.

Heydon's Estate.

L. 1a. An Act to enable Owen Sheperd and John Smyth, Esquires, to make Sale of divers Lands, &c. late Sir Christofer Heydon, Knight, in the Country of Norfolke.

Peyton-hall Manor.

L. 2a. An Act for the Confirmation - the Manor of Peyton-hall: - Committed to Mr. Glanvyle, Mr. Clench, Knights and Burgesses of Suffolke and Norfolke, Sir Tho. Hamond, Sir H. Poole, Sir Francis Barrington, Sir Nath. Rich, Sir Wm. Strowde, Sir H. St. John, Sir Myles Sands, Mr.Cary: - Monday come-sevennight, in the Exchequer Court. - Notice, and Counsel.

Tythe of Fishing.

Bill for Tythe of Fishing, committed again: - Wednesday next Week.

Assignment of Debts: - This Day sevennight, Exchequer Court.

Oldbury, &c. Tenants.

Sir Tho. Row moveth, the Tenants of Oldbury and Thornbury may have Sight of Court Rolls, being in a Trunk in Chancery; that so they may be prepared against the Committee sitteth: And Ordered, They shall have Sight of the Court Rolls, in Presence of the Usher of the Court, or One of either Side, if they will; and also, certain ancient Books and Account, or any thing else, whereby the Custom may appear: And the Committee to have Power to send for the said Writings.

Welsh Butter.

Mr. Glanvyle reporteth the Bill for Transportation of Welsh Butter, with the Amendments, which twice read. - Engrossetur.

Redferne.

Mr. Digges reporteth Redferne's Bill, with the Amendments; which twice-read. - Engrossetur.

Wales.

Mr. Dr. Gooch reporteth the Bill of Grace for Wales with the Amendment and Proviso; which twice read. - Engrossetur.

Business of the House.

Sir Sam. Sands reporteth from the Committee for Survey of the Business of the House. - The publick Bills 65.

- Six committed, Nine once read. - Monopolies ; Assignment of Debts; Liberty of Fishing - America; Free Buying and Selling Wools; Misproceeding - Courts of

Equity; Carriages: All these eomtnitted - Desired, the Committees may attend the Services. -

Once read; Free Trade ; Attainted Persons Estates; Secret Offices; Exportation of Wools; Restraint of Tobacco; Venting of Cloth ; Fees - Courts of Justice; Recusants, - new Bill; Catechizing. -

Moveth, from the Committee, that they, which committed upon Bills, will attend, and hasten. - 2. Reading, from 8, - That the Bills, in Drawing, may be speeded; especially that for old Debts. - That all the Petitions of Grievance may be, this Afternoon, delivered to this Committee, that may be distributed accordingly.

Precedence in Bills.

These Bills, thus reported, to have the Precedence.

All those resolved.

Wool Trade.

Buying of Wools; - To-morrow in the Afternoon, in the Court of Wards.

Arms.

The Bill of Arms, - upon Tuesday next, in this House.

Merchant Adventurers.

The Patent of the Merchant Adventurers, and the Proclamation, to be dealt with upon Monday next, and the Book of their Orders, at the Committee for Grievances.

Collection for the Palatyne.

Sir J. Perrott: - That the King acquainted us, at his last Speech, of the Wants and Distress of the Palatyne and Princess. - That Contribution in divers Counties for them, and liberally; yet the Money received, and retained by private Persons. That, in his own County, the Sheriff keepeth it. - That hath a Note, whereby appeareth, Ten Counties have brought in nothing. - Moveth for a Committee, to examine this.

Sir Tho. Row: - That, by the King's Order, a Warrant by the Lord Treasurer, for Paying in this Money.

Mr. Mallory: - He was backward, because Out of Parliament. - Moveth, to know, whether we may give out of Parliament.

House to sit.

Mr. Baron Denham and Mr. Serjeant Hitcham bring a Message from the Lords; That they desire this House would sit in the Afternoon, because they intend to acquaint this House then with some weighty Business.

Answer: The House will sit, as is desired.

Grievances - Masters in Chancery.

Sir Edw. Coke reporteth from the Committee for Grievances, growing from the Petition of the Masters of Chancery in Ordinary. -

The Petition scandalous, and false; laying an Aspersion upon them, who, if not reverenced, will make a great Downfal in England.

The Petition reciteth the Petition to the King, and his Reference. - Misliketh the Clause, that the Judges gave their Opinions for Establishing this Fee. If that true, would never have spoken against it: But this false: For Hubbart, Chief Baron, and Doddridge, not only gave Opinion for it, but against it. - Yet speaketh nothing for the Time past. - Spake with Doddridge; whereat he grieved, that his Name should be used, as to have given his Opinion, where none but a Parasite could ever do it. This Opinion delivered by the Lord Chancellor alone. This not done gratis. - Gratis hominibus. - 1,200l. given for this: 150l. a-piece by Eight Masters. - A Judge cannot delegate his Power - A Law now drawn against this. - Cleareth the Master of the Rolls, whose Fingers clean. - No Warrant for the Great Seal to the Lord Chancellor, and yet Lord Chancellor hath put the Great Seal to it. - Speaketh this, by credible Information from a Member of this House. -

That the Committee (sithence this corruptly gotten) hath, upon the Question, resolved, this Privy Seal to have been unduly gotten.

Mr. Raynescrofte: - That this now passed under the Great Seal, as he credibly informed, and believeth ; and is enrolled. Two or Three Exemplifications of it, which now as good a Patent. -

That the Masters of the Chancery have properly belonging to them the Examination of all Exemplifications, &c. If they have examined this for themselves, great Cause to examine it. - To bring in the Privy Seal, and Exemplification.

Mr. Mallett: - Not to condemn this Privy Seal, only for the undue Obtaining, but as a Grievance against Law: For a new Charge to the Subject by it: Directly opposite to an Act of Parliament: and, as it were, a Repeal of it. No other, but they, take any thing for References. - The French Patent damned here the last Parliament, for that against the Act of Parliament of 3 Jac. - That the Lord Chief Justice, now Treasurer, against it; and delivered the Opinion of himself, and of all other the Judges, to be against it. - That, for this Slander, the Petitioners may be questioned, and punished.

Mr. Alford: - Low Countries grow rich, we poor: The Reason, these Patents; which gotten by Bribery. - To take some sharp Course against Bribery. -

That the Committee for the Chancery may sit Tomorrow in the Afternoon.

Sir Edw. Coke: - That, in Law, this Privy Seal directly against Law; and is a Grievance, both in Original, and Execution.

That the Chancellor can make no Deputy for the Merits of the Cause; for nothing, but Accounts, or Matter of Form. -

That the Chancery embraceth so many Causes, as the Chancellor and Master of the Rolls cannot possibly determine them. We now about to restrain them. - The Setting of Fines unlawful: If have been used so, never done by Consent or Advice of the Judges. The English Court in Chancery no Court of Record, therefore can, set no Fine. -

This a Grievance in the Creation, and Execution; principally, because begot by sordid Bribery. -

If a Bill, and not pass; yet safe: For if fine, and extend my Land, a Writ of Error for it in the King's Bench. For the Chancery the younger Brother to the King's Bench. - Will never be trusted, if any Judge will ever give his Opinion for the Power of the Chanc' to fine.

Sir D. Digges: - Never any Friend to any, that Enemy to an Act of Parliament. - That we should thank the Judges, that have declared their Opinions, to be against the Law.

Sir Edw. Coke. - That he asked Sir Ew. Thell who drew the Petition : He said, himself; and that the Lord Chancellor told him, the Judges consented. - Noscitur ex socio, qui non dignoscitur ipse. - His Wisdom, to bring Two honest Men with him; Sir Wm. Byrd, Sir J. Hussey, of whom never heard but well.

Upon Question, This Privy Seal a Grievance, in the Creation, and Execution.

The Matter of putting the Great Seal to this Privy Seal, and of the Enrollment without Warrant, to be examined by Mr. Mallett, Mr. Raynescrofte, Mr. Hackwyll, Mr. Pymme.

Mr. Secretary: - The Clerk, that they shall find to have enrolled the Patent, to be here this Afternoon.

The Serjeant's Man to attend these Four, and to warn him, that they shall find.

Sir Ro. Phillippes; - To have these Gentlemen brought to the House, that preferred this Petition against the Judges ; and to be censured here.

Sir Sam. Sands: - To have the Tempter punished, - , The Woman's Punishment the greatest than can be, to be subject to the Husband's Will. - Sathan's Punishment.

- 1,200l. given for this Privy Seal. - This hath brought an Aspersion upon the Judges of the Kingdom falsely. The Enrollment of the Privy Seal a great Misdemeanour.

- To search the Bottom. - Moveth, to examine all these Things punctually; and then to bring it to the Lords, to have it severely punished there.

Sir Edw. Coke: - Now this enrolled, no Man can deny, but it is a Patent, though none.

Sir Ed. Gyles, accordant.

This to be examined by the Four, Sir Sam. Sands, Sir D. Digges, Sir H. Poole, Sir Edw. Gyles, Sir Wm. Strowde, Mr. Alford, Sir Ro. Phillippes, Sir Tho. Row, Mr. Secretary, Mr. Chancellor of the Exchequer, Sir Edw. Coke. This Committee to examine this Business of the Masters of the Chancery only: - this Afternoon, in the Court of Wards.

Mr. Glanvyle: - That the Masters have taken Fees sithence the Declaration of the Grand Commitee. - To have this now restrained,

Bribery,&c. in Courts.

Sir Wm. Cope: - That he never gave Bribe, nor knoweth particularly of any that have. - Moveth, to provide a Law against Bribery, both in Ecclesiastical and Temporal Courts.

Mr. Weston: - To prevent the Bribery of Affection. - That Judges be not solicited by Letters, Messages, or Speeches from great Men.

Mr. Secretary, Sir Edw. Coke, Sir Wm. Cope, Mr. Weston, Mr. Salisbury, Mr. Clarke, Sir Nath. Rich, Sir Ro. Phillippes, Sir Francis Barrington, Mr. Morgan, Sir Geor. Manners, Sir H. Poole, Sir H. Fane, Chancellor of the Duchy, Sir Edw. Mountague, Sir Geor. Moore, Sir H. Withrington, Sir A. Ingram, Mr. Attorney of the Duchy, Sir Wm. Strowde, Mr. Glanvyle, Sir Tho. Denton, Sir Edw. Sands, Sir Ro. Crane, Mr. Wandesford, Mr. Solicitor, Mr. Chancellor Exchequer, Lord Cavendish, Mr. Nevill. -

Sir Tho. Jermyn, - against young Lawyers unfitting Speeches against Men in their Pleading.

Mr. Wandesford: - To prevent the excessive Fees of Lawyers.

Mr. Alford: - To take some Course against charging Men with Perjury, and Forgery, and like Misdemeanours, where no Cause.

Mr. Attorney, - against Judges suffering their Sons, or Favourites, to practise before him. - To prevent this: - And against Favourites in all Courts.

Sir Geor. Manners: - To provide against any Lawyers taking of Fees, in any One Term, on both Sides.

For all these, this Committee to meet Wednesday Afternoon, in the Exchequer Chamber.

Persons to attend Committee.

Sir Francis Seymor moveth, the House will send to the Persons hereunder named, to inform the Committee for Ireland, before they go out of the Town:

Earl of Clenrickard, Viscount Willmott, Lord Cawfeild, Sir Jo. King, Sir Roger Jones, Sir Dudley Norton, Captain Morgan, Mr. Henry Holcrofte.

Privilege of a Member in a Suit.

Sir Edw. Coke reporteth the Lady Coppyn's Petition. - That Sir Wm. Cope consented, the Lady Coppyn might sue him at Law.

And Resolved, She may proceed; and Sir Wm. Cope, by his own Consent, to have no Privilege of the Parliament.

Veneris, 27o Aprilis. Post meridiem.

Judgment against Michell.

Mr. Baron Bromley and Mr. Justice Hutton :That the Lords having had a Purpose to proceed to their Judgment about Michell this Afternoon, have, by some intervenient Occasions, put it off for this Time, and will send again To-morrow, or some other Time. - Sorry, the House hath stayed so long.