Lunae, 14o Maii
Brokers. L. 1a. AN -
Assignment of Debts : - Wednesday in the Afternoon.
Little's Bill of Naturalization reported, with Amendments ; which twice read: - Engrossetur.
L. 1a. An Act for the Advancing of the Trade of Dornix Weavers, and better Government of the said Trade, and Reformation of divers Abuses and Deceits used in Making of Dornix, and other Stuffs of that Nature, and of Spinsters of Dornix Yarn;
L. 1a. Pewterers. -
Sir Ro. Killigrew, - against the Bill: - For will undo the Tinners; by reason the Pewterers will undersell the Merchants, and so hinder the Tinners. - So Mr. Salter,
Sir Geor. Moore: - To acquaint the Prince with it.
Mr. Salter: - That they have 300,000 Weight allowed where the Kingdom spendeth not about 250,000 Weight.
Sir Wm. Strowde, and Sir Edw. Gyles: - That they not acquainted with this Bill. - So Mr. Bateman, for London. Sir W. Heale, and Mr. Guy, - against the Bill: - For a Monopoly.
Upon Question, rejected.
Sir H. North produceth a Subpoena. -
Sir Edw. Coke: - That a Precedent 10 Ed. III. [a] the Clerk of this House a Subpoena served upon him, and had Privilege ; and the Party committed, for breaking the Privilege of the House.
John Gurling, at whose Suit the Subpoena, to be [sent for] by the Serjeant.
Sir Guy Palmes moveth, Sir Pet. Saltonstall may be Patent, sent [for,] and his Patent may be brought in. - His Patent [to] be brought in on Friday ; and Sanderson to [be] sent for, that dealeth for him.
Sir Edw. Coke reporteth, from the Committee for Grievances, Mr. Lepton's Patent. - That he drew the Patent, when Attorney. -
That the Committee hath resolved, this Patent to be a Grievance, both in the Original, and obliquely, and, by Consequence, in the Execution.
That the Patent to him, for the sole Making of all Bills and Letters.
That divers Lawyers, in this House, spake to this Patent. That the Committee resolved, the Patent, for the Making of all Bills, was void in Law, because it belonged to the Attorneys. -
This Court began 29o H. VIII. Begun, upon the Rebellion, occasioned by the Dissolution, That the Duke of Norfolke sent down ; who ended many Causes, to great Contentment of the Country. -
That the Causes increasing, 4o Eliz. the President and Council of the North resolved, fit to have Attorneys; who had the Making of the Bills. That this thus continued, till 4 Jac. so as now grown to be a settled Court. - Might be counter Bills ; and therefore, One Man to have Sight of both Evidences, dangerous. - Bills the Foundation of the Suit, and therefore required Skill. No One Bill can serve all Mens Titles. - The Patent gotten surreptitiously. Tobias Eboracensis, Bishop of Duresme, all the Council of Yorke, and divers Gentlemen, made a Certificate, that this belonged to the Attorneys ; and, that mischievous to the Country, to have One alone make these. - That a Letter sent to the President by Ferne; who, coming up, got of Lepton 900 l. and so concealed the Letter. That the Patent brought to him, Attorney; who stayed it a Quarter of a Year, and at length, commanded, drew it, with Reference, as divers other had it before ; who, as now falleth out, had it not. - The Country charged 600 l. per Annum more than before. The King referred this to the Lord President; who gave way to it, but never received the Letter, or Certificate. That Lepton gave my Lord President, as affirmed, 10,000l. That Lepton, at first, denied the giving this, after, he said, he never - it not directly : Wherein, whether Lepton spake true, or not, cannot judge.
Sir T. Bowes tendereth a Petition from Mr. Lepton: Which being read; and he desiring to be heard in the House, by his Counsel;
Sir Edw. Coke: - That Counsel can make him no wiser, [or] learneder, than he is, or fitter to draw Bills, &c.
Mr. Alford: - No Cause to alter the Resolution of the House.
His Petition, for Counsel to be heard in the House, refused ; having had former Days given him.
Upon the Question, the Patent, for the sole Making of the Bills and Letters, a Grievance, both in the Creation, and Execution.
Sir Edw. Sands tendereth a Petition from the 5 Ports, being deprived of all other Remedy. - Remembereth the miserable Estate of Fraunce forReligion. - The Protestants disarmed by Surprize, and by the King's Command. A great Army against Rochell. - Heretofore, when Wars with Fraunce, great Care for making strong, and fortifying, these Ports. - Neither impossible, nor unlikely, we may have the like again. - That if Care be not presently had, both of the Furnishing them with Victual, and with good Inhabitants, they will be left desolate. That their Complaint is, the Merchant Adventurers have gotten a Patent, for the sole Exportation of all Manufactures of Cloth. That undone by Monopolies. That they unduly deprived of their ancient Privilege of Selling in Blackwell-hall. That that, which they have, had 500 Years before the Merchant Adventurers had any Charter: For shewed Charters for it, before the Conquest.
The Petitions read.
Mr. Towerson: - That that he charged with, but as Deputy for the Company. That the Cloths, mentioned in the Petition, were stayed by Order from the Lords of the Council. That these were thus stayed, because they should not be forfeited, as others before (being water-born) had been. That these Cloths being, by Warrant of the Lord Warden of the 5 Ports, sent back to London, the Cloths were violently taken away by some unknown Persons at Shuter's Hill: Therefore they, holding themselves engaged for these Cloths, by Counsel went to the Recorder; who examined -
That they never took any Forfeiture of Cloths, nor imprisoned any. That they desire but to be heard ; having given in the Copy of their Charter, and having always been ready to give Satisfaction to the House. - Desireth, they may be heard by their Counsel, in the Defence of their Patent; and till then, to be accounted honest Men.
Mr. Delbridge relateth the great Decay of Trade, by the Restraint of the Merchant Adventurers; by the Excess of Customs, and Impositions, which 25 in the 100.
Mr. Neale: - To have this Business precede all others.
Mr. Mallory: - To recommend this to the Lords, as a general Grievance.
Sir Edw. Coke : - For the Complaint from the 5 Ports; no greater Cause in all this Parliament. - The Ports, especially the 5 Ports, of great Consequence. - That these 5 Ports ought to find 57 Ships ready. - The Ports the Gates of the Kingdom. - Resolved, * Port of the Realm cannot be granted away to a Subject. - These decayed, because Trade decayed. To have London subsist, but other Port Towns with them ; for the Safety of the Ports the Safety of London.
That no Patent can forfeit my Goods, without an Act of Parliament; nor imprison my Body. - May seize them, but must recover them by Law : Cannot take them from my Person. - No Examination in this Case, because may not catch me by this Means. In a civil Cause (no Plea of the Crown) no Examination, or Commitment. - To have a prefixed Day for this Business for the 5 Ports.
Sir Edw. Gyles: - To have, at the same Time, Consideration of the Grievance to all the other Ports of this Kingdom. - Mentioneth Dartmouth.
Mr. Nicholas: - To have this referred to the Committee for free Trade.
Sir Wm. Spencer: - To have Mr. Towerson answer, whether they delivered a Petition to the King, about the Questioning of their Patent here.
Mr. Towerson denieth, that be ever knew of any such Thing, till after the King's Speech.
Mr. Secretary : - Not fit to question any Man, for petitioning the King. - All Subjects. - The King is to hear all Petitions of Subjects.
Mr. Lyster:- - At Lynn heretofore 40,000 Kerseys in One Year, now not 6,000.
Sir H. Fane: - That the King barreth us not from searching into any the Abuses ot the Merchant Adventurers, or to respect the Out-ports.
Sir Francis Seymor.: - To have the Parties named, that delivered this Petition to the King.
Sir Tho. Wentworth: - To hear no more of this now. - No Cause for it.
This Business to be upon Wednesday next.
Mr. Spencer delivereth in a Bill, concerning the Receiving of Pensions, &c.
L. 1a. An Act against the secret receiving of Pensions, or Gift, from any foreign Prince or State.
Merchants of the Staple.
A Petition from the Merchants of the Staple, against Sir Rich. Lydall and Mole.
Sir Tho. Wentworth: - That Sir Rich. Lydall may, at a Day, come in, to justify his Proceedings; and to bring in the Bonds, he hath in his Hands, for the Monies. Mr. Alford, accordant.
Sir Wm. Spencer : - That Sir Rich. Lydall may bring in a Patent he had, concerning my Lord of Kelly, and the Proclamation. - Ordered: - Friday sevennight after Whitsontyde.
Quarrelling between Members.
Sir Edw. Sackvyle offereth a Form of Satisfaction, which only remaining; Confession and Contrition being past.
Sir Edw. protesting he would in his own Case, make, or receive, it; the Satisfaction read, allowed, and ordered : And Mr. Cl. Coke to do it To-morrow Morning.
Jurisdiction of Parliament.
Sir Edw. Sands : - In the now Message to the Lords,to give some intimation of our Apprehension of the Lords Readiness to Accomodation, and Liking of the Protestation offered by the Sub-committee of the Lords : Which read now by Sir Edw. Coke, and assented to by the House.
Mr. Salter moveth, for more Committees to be added to that for Mr. Bridge.
Mr. Alford: - That this Bill of the greatest Consequence of any private Bill.
Mr. Alford, Sir Edw. Peyton, added to the Commitee for Bridge.
Sir ... Fane moveth, to have a Law, settled, concerning the Power of Sewers.
Charge against Bishop of Landaph.
Mr. Hackwill: - That an Accusation preferred from hence against the Bishop of Landaph, by the Information of one Damport; who hath sithence denied that, upon Oath, above, which testified here before us. - That we ought to send up to the Lords, to demand Judgment, before the Lords send down Word, that they are agreed of their Judgment. - Though we hear the Bishop be cleared above, yet to send up to the Lords, to demand Judgment against him : If then we hear he be cleared ; to question Damport, for his Misinformation here.
Sir Edw. Sackvyle, accordant: - The rather, because he now maketh a Scoff at the House ; saying, he told a Tale here. - That this will make others afraid to speak falsly, though without Oath; whereas, otherwise, our Course of Examination will be scandalized.
Sir Ro. Phillippes, accordant: - For, peradventure, hereafter may else want Justice from the Lords, if we stay, till they send to us, as heretofore they have done.
Sir Tho. Hamond: - To send for Damport presently.
Mr. Brooke: - That we must at last require of the Lords to see what Damport hath deposed above.
Ordered, That Damport shall be presently . . , for by the Serjeant.
Sir Edw. Sackvyle, Sir Ro. Phillippes, Sir Geor. Moore, Mr. Hackwill, Sir H. Poole, Sir Tho. Row, Sir Edw. Peyton, Mr. Alford, Sir J. Perrott, Sir Francis Fane, to meet To-morrow Morning, in the Committee Chamber; to agree, and set down in Writing, the Message to the Lords about this Business.
Leave of Absence.
Mr. Powell hath Licence to depart home, for special Occasions.
Colchester Bill, - this Afternoon in the former Place.
A Petition of Harman delivered in, and read.
Mr. Mallett: - To reject this Petition; because nameth no Conspirators, whom we may send for. - That he publickly indicted, and found guilty: Mr. Speaker gave inEvidence against him, and he himself of Council for him. - Thinketh it fit to be rejected; and that, if he had had his due, he had not been here now to have preferred his Petition.
L. 2a. An Act against Transportation of any cast Iron Ordnance, Iron Mine, and cast Iron Shot. -
Sir Tho. Jermyn: - To have Provision for a careful Examination of the Ordnance carried out in Ships, at their Return ; for else many will be, by that means, conveyed away.
Sir Jer. Horsey: - To add, to this Bill, the Transportation of Carriages.
Sir Ro. Killigrew: - To take Consideration for Scotland Transportation.
Sir Edw. Sackvyle : - To restrain Carriage of Iron Ordnance into Scotland, till Scotland make it Felony there to transport it.
Sir Geor. Moore: - No Attainder of Blood by this Felony.
Mr. Whitson; - All Iron Mine not serviceable for making Ordnance; which daily transported, and without Prejudice.
Sir P. Haman: - That the Customers may take nothing for entering the Weight of Ordnance.
Mr. Guy : - To have Provision for Ordnance for Virginia and Newfoundland. -
Committed to Mr. Treasurer, Sir Edw. Sackvyle, Sir Rich. Morrison, Sir H. Mildmay, Sir Tho. Row, Sir Geor. Moore, Sir Tho. Jermyn, Sir W. Heale, Mr. Middleton, Sir Ro. Phillippes, Sir A. Ingram, Sir Wm. Pittes, Mr. Secretary, Sir Edw. Sands, Sir H. Curwen, Sir J. Horsey, Mr. Hackwill, Sir Nath. Rich, Sir Jo. Jephson, Mr. Abbott, Sir Francis Fane, Sir Ro. Killigrew, Burgesses of Port Towns and Cinque Ports, Mr. Crew, Mr. Crooke. - Thursday next, Court of Wards.
Sir Chr. Hildyard remembereth the Statute for Continuance and Repeal of Statutes.
Warden of the Fleete.
Sir H. Withrington remembereth the Warden of Fleete. - To appoint him a Time, to hear him; and to send him to the Lords.
The Warden of the Fleete to be warned to be here on Wednesday Morning, at Eight of the Clock.
Report to be made.
Sir Ro. Phillippes Report to be made To-morrow Morning, at Eight of the Clock,
Damport called in.
Damport, come, to be called in ; not now to be examined, but only to be -
Jurisdiction of Parliament.
Sir Edw. Coke: - That he did the Message ; and that the Lords had given Allowance to what the Sub-committee had propounded.
Upon Question, this Protestation agreed to be entered, as is mentioned in the Writing which now brought under the Hand of the Clerk of the Higher House.
Upon Question, Damport to be committed to the Serjeant's Custody, for his forth-coming; and, if he can put in Two sufficient Sureties for 1000l. to the Serjeant, then to have his Liberty. [a].