Mercurii, 18o Aprilis

Fryth's Estate.

L. 1a. AN Act for the Sale of certain Lands, and Leases, purchased by Tho. Fryth late of London, Scrivener, deceased, for Payment of his Debts.

Best's Nat.

L. 1a. An Act for the Naturalization of Jaques de Best.

Usury.

L. 1a. An Act for the Abatement of Usury.

Dover Parishes.

L. 1a. An Act for Uniting and Annexing of the decayed Parish of St. Peter, in the Town and Port of Dover, to the Parish of St. Mary there.

Sir James Perrott: - Against the 6d. in the Noble.

Sir Geor. Moore: - The Considerations of the Bill religious and just. - Knoweth not, who is Patron of St. Margarett's. - That this Sum of 8d. less than usually taken.

Sir Francis Barrington:-To have some good Time, e'er the Committee sit upon it.

Sir Geor. Newman: - That covertly in this Bill Five Parishes included in One, and Encroachments upon Two or Three more. That St. Peters hath a - presentative. That the greater Number against this Bill. - Another Parish Church necessary. - That the most necessary Thing left out, viz. Residency of the Incumbent. -

Committee to Sir Geor. Newman, Mr. Finch, Sir Francis Barrington, Sir J. Perrott, Sir Geo. Moore, Knights and Burgesses of Kent, Sir Francis Darcy, Sir W. Earle, Mr. Gifford, Mr. Nicholas, Mr. Wentworth, Sir H. Poole, Sir Tho. Low, Mr. Serjeant Towse, Sir Ro. Askew, Burgesses of London: - Saturday come-sevennight. Exchequer Chamber, Two . . Clock.

Monopolies.

Sir Edw. Coke reporteth from the general Committee Yesterday, -

1. For Monopolies: One granted to Paul Bassano, and One dead; in whose room now. Sir Jo. Laur. - Sir H. Yelverton One of the Referrees. - Opposed the Lord Chancellor. - Committed -

2. One granted to Sir Rich. Wigmore, for Packing of Cod.

3. Dr. Egelsfeild, a Physician, a Patent for making gold Foliate alone - That the King doubted, the Making this here, and hindering the Importation, would consume it here. Sir H. Y. called by the King, undertook, the Patent should be drawn, as no Consumption of Gold here. - 4,000l. per Annum of our Gold spent here; and worse than ever; and the King loseth his Custom for gold Foliate imported ; and others by -

4. A Patent against Importation of Cards. - Against the Judgment before.

5. A Monopoly by Newcastel.

6. Sir H. Britayne, a new Invention of hard Wax; but an old Grievance, to imprison Men, as some done in this Case. -

Friday appointed for Hearing of all these. -

7. The King's Barge-man, the sole Buying of all Lampries. - So others will get; One, Smelts; another, Eels, &c. - So how shall we do for Fish? -

The Patents of new Invention, when have Clauses of giving Oath, and Imprisonment, against Magna Charta, 32 times confirmed. -

1. Sir Geor. Douglasse, a Patent to dispense with the hot Press. - A Way to spoil our Cloth. - This a Proclamation.

2. Innocent Lamyer, the Power of Conservation of the Thames to take away Shelves, and take Balance. - The Life of the City, the Navigableness of the Thames,

3. A Patent to Sir A. Apesley, and Sir Jo. Keyes, a Grant of the penal Law for Cask against a Statute 23 H. VIII.

The first Seven appointed on Friday: The other Three, upon Monday.

Grievances - Sir G. Marshall.

A Bill by Sir Geor. Marshall, in Chancery, against Sir Wm. Pope, for a Recompence for a Knight of the Bath : - 1,000 Marks. - Upon hearing, a Decree for this 1,000 Marks for this. - This dishonourable for the State. - Resolved, Sir Geor. shall come upon Monday, armed with his Counsel, and Decree -

Charge of Bribery agt Bennett.

Desired by the Reporter, that the Matter, concerning Sir Jo. Bennett, in the Duty and Function of his Place -

Loveth the Man, but of all Things, hateth Bribery : -

Desired, the Witnesses might be heard this Afternoon, before the Committee of the whole House: Which so resolved. -

Message from the King.

Mr. Secretary - a Message from the King: That he had a Purpose to have now spoken about Parliament Businesses: Hath given Knowlege of it to the Higher House : Because the House now not full, the King hath deferred it till Friday, Two -

Grievances.

The Seven Grievances appointed for Friday, to be upon Saturday, Two of the Clock. -

There is also a Monopoly of Pins, Shreds, and Lists; scouring Armour, Carmen, garbling Tobacco, Printing of Linen, General Remembrancer; a Grant in the Custom-house.

Hindon Election.

Sir Geor. Moore: - That, at the Committee for Privileges, he attended, and others; but none came from Hindon.

For Hindon: The Sheriff of .... directed his Precept to the Burgesses, not to the Bailiff: Upon this. Sir Jo. Davys and Mr. Antyll elected.

A second Precept, by the Sheriff, to the Bailiff of Dounton : Thereupon all, but One, elected the former.

Then Sir Edm. Ludlow, with some others, Out-dwellers, and that One, elected Sir Edm. Ludlow: So Three chosen by Three several Indentures, and returned. Sir Jo. Davys hath elected another Place, being double-returned: Mr. Antyll sequestered, till further Order taken. The Opinion of the Committee, that the Election of Mr. Antyll good; and a new Writ in Sir Jo. Davys' Room.

Resolved, the Election of Mr. Antyll good; and a new Writ in Sir Jo. Davys' Place.

Light-houses.

Sir Tho. Row: - That, for the Light-houses, Mr. Solicitor in the Chair, in the Forenoon ; a great Part he after. -

A long Debate between both Parts: The Trinity-house, by themselves; the Patentees, by Counsel. -

Agreed by the Trinity-house, Light-houses necessary ; but that it belonged to them, by 8 Eliz. and proper only for Seamen; sithence Sands and Channels oft shift. And for Winterdon-nesse; the Trinity-house claimed Possession, having built an House, and kept Lights 10 Months; for which took nothing. Yet the Patentees.- -

That they took but a seventh Part of what the Patentees.

13,000 Chaldron of Coals, for which took 1,500 l. per Annum, and 1 d. upon a Ton. -

That this House cost not above 150l. and 12l. 10s. Charge. -

That, upon divers References, the Lords against the Patent, after the Attorney-general certified.

Answered by the Counsel of the Patentees, that no Negative in the Patent, to restrain others. -

Confess the taking 3s. 4d. which was but 900 l. per Annum. - That their Charge of procuring the Patent, and their Building, 3,800 l. -

That -

Casual Charges; as repairing their Houses, and building a Tower of Stone. -

That insisted upon by Law, where the Subject more Benefit, than Charge, the King may impose: As here. -

That they objected against the Trinity-house Breach of Trust, in Ballasting.

The Counsel for Dongeon-nesse pleaded the Consent of the Trinity-house; who chose the Place, and nominated the Party, Sir Ed. Howard; who should maintain. -

That the Agreement by the Mariners. -

That Sir Ed. Howard dead ; and his Executors are to have the Benefit, for Payment of Debts: And stood upon -

The Trinity-house consented, conditionally, so as but 1 d. taken homeward-bound, and an House of Stone erected. - Now made of Masts, subject to Fire. Now they take 2d. contrary to Agreement.- -

Bullocke, who drew the Patent, - That but 1 d. to be taken; and that homeward-bound. - That he had an Interest -

That the Commonwealth was to pay no Man's Debts.

Resolved by the Committee, the 1 d. outward, by the Merchant, of no Use. -

That the Stranger forbeareth the Western Ports, in respect of this Charge of 2 d. to Prejudice of Port Towns Westward. -

That the Out-ports never consented to this. - That the Worth might be now but 200 l. because opposed by divers. -

That, by their Condition for the l d. homeward, they were to keep a Fire-light, and not a Candle-light. -

That Bullocke offered to allow Sir Ed. Howard 100 l. per Annum, and maintain the Lights ; and yet take but 1 d. homewards.

Resolved, by the Committee, not to try the Matter in Law between the Parties.

Resolved, both Grievances in origine; because layeth too great a Charge upon the Subject: And both in the Execution grievous; for take 3s. 4d. where offered for 6d. - Seven times as much as taken before.

For Dongeon nesse; taking 2d. where but l d. agreed; and taking for crossing the Seas only ; the Committee resolved, by a Bill, to settle these Lights upon some, who should be answerable for all Losses for Want of Lights: And to take Consideration of the Patentees Charges, and of a moderate Rate. The first to be but temporary, the last to continue.

Sir Edw. Coke: - Ever of Opinion both these Patents against Law; yet, because the King hath a Prerogative in it, to know it: -

Beacons, signa speculatoria: foci. - None can raise any, without Warrant. - This Patent primae impressionis. Ever, heretofore, this in the Lord Admiral's Patent :

Therefore the Lord Admiral surrendered his Power in this. The Admiral never imposed, but did it at the Suitor the Merchant; and yielded only a voluntary Contribution. - Not to pay 1d. homeward, and as much outward, as here. - Private Gain here only intended. - Admiral can not impose, without Consent of Subject. - Nor is to be taken) but when a Ship cometh into the Port. -

That none but Admiral, without an Act of Parliament, can have it. A Circle, whereof a Piece broken, all is broken. - When the Merchant desireth it, he will look it be well; and not Courtiers. - This of a dangerous Consequence,

That, when the Trinity-men have Power, by Act of Parliament, to set it up, and the Lord Admiral, to that End, surrendered, strange a Patent should thus be granted-. -

This a great Trust, so many Lives standing up, it -

To have an Act of Parliament. - To have Consideration of the Gentlemen, for the King's Sake, and Great Seal, not their own. - To have a settled Law for this; and to do it by the Lord Admiral's Consent, moved thereto by some of the Council of the House.

Upon Question, the Patent for Winterdon-nesse a Grievance in origine, and Execution a Grievance.

Mr. Lovell: - That Difference for Dongeon-nesse; because at the Suit of the Merchants and Mariners.

Sir W. Earle; - That this the worst of the Two.

Sir Tho. Row, accordant: - For this complained of, by the Subject, to the Council Table.

Upon Question, so for Dongeon-nesse Patent.

Sir Edw. Coke added to the Committee; and Mr. Chancellor Exchequer, Sir Tho. Row, Mr. Nicholas. - Saturday.

Mr. Treasurer, Mr. Chancellor Exchequer, Sir Ed. Coke, to acquaint the Lord Admiral herewith.

Tobacco Trade, &c.

Lord Cavendish : - That the Business for foreign Tobacco, being put off to the Committee Yesterday, no Time for it. - To have it resolved now in the House.

Resolved, To have it further debated.

Sir Sam. Sands: - When a Report by a Committee, if none oppose it, must be questioned.

Sir Ed. Coke: - That this pointeth directly at Virginia.

That no Commodity can be banished, but by Act of Parliament. - Would have Virginia have the Tobacco ; but an Act of Parliament for it. - The Privy Council may do it before a Parliament; but a Parliament then there. - Will not consent to have the Subject hindered from planting it here.

Sir Edw. Sands concurreth for that; but, for the Order of the House, as Sir Sam. Sands: And to have the Resolution of the House in the Point of Remedy, viz. the Forbidding of foreign Tobacco.

Sir Geor. Moore, concordat; that being the Point committed.

Sir Edw. Sands; - That no Words in the Treaty, but free Commerce: Which incident to all Nations in Amity. - That the King hath prohibited Pepper, the Commodity of Spayne: - So Whale-fins. Gold Thread forbidden from Venice. - That the King, by his Proclamation, hath forbidden Spanish Merchants to bring in any. - A Clause in the Treaty, "to be according to the ancient Customs."

That the Framing a Bill no Prejudice. -

That the Fear of the Spaniards prohibiting Importation of our Commodities, of no Value ; for our Trade with Spayne better in Time of Wars, than now. Now in Spayne, his Payment Brass, sometime all; though, by Law of Spayne, but a third Part payable in Brass. By this, 3 in the C. lost, for Silver; and 3 in the C. to export his Money. -

The Spanish Commodities Trifles to ours: His Commodities, of Superfluity; ours, of Necessity.

Mr. Delbridge: - That Importation of Spanish Commodity hath overthrown our Trade for our Commodities there; the Shop-keepers selling 15 in the C. there, under other Merchants, to return Tobacco: And this is the Cause of the Falsification of our Commodities here,

Sir Edw. Sands: - That all the King's Subjects may freely trade thither, and without Licence of the Company.

Sir Wm. Strowde: - That the Importation of Spanish Tobacco, a greater Mischief than we can think of. -

To banish Tobacco generally; and to allow Virginia but a certain Time for it; and then to -

Mr. Chancellor - Doubteth, this within the League:

- And gave his Voice at Council Table, that it was within the League.

Sir Ro. Phillippes: - A Ground, that not to hinder ourselves here of the same Liberty, which Spayne hath taken.; -

That Spayne hath barred the Bringing in Quicksilver, Pepper, &c. -

Not to suffer a Peace to make us poor, which is to make us rich.

Master of the Wards: - That Tobacco a great Prejudice to our State, without all Question. That Spayne hath prohibited none of our Commodities. - To banish all Tobacco, in respect of the Decay of Trade, and Coin, by it; and the Spoiling of the Subjects Manners by it. For this Cause to banish it generally; but not to meddle with Exposition of the League.

Mr. Cary: - To banish Tobacco generally, and help Virginia by some other Means.

Sir Ed. Sackvyle: - Fit for us to study a Way to enrich our own State. - Amor incipit a seipso. - We make Treaties for our own Good, and not for theirs with whom we treat.

Sir J. Perrott . - Not to banish all Tobacco, in respect of Virginia, and the Summer Islands. - To give them, some Time; else overthroweth the Plantation.

Mr. Solicitor: - Loveth England better than Virginia.

- A great Hurt to all the State of our Kingdom. - To contribute rather to Virginia otherwise.

Sir D. Digges: - Tobacco, in the King's Dominions, hindereth not Importation of Coin: - Yet wisheth, Tobacco of Virginia prove good.

Mr. Towerson:- - Except we banish all Tobacco, Spanish Tobacco will be brought in, as plentifully as now.

Sir Rich. Worseley:- - To banish all.

Sir Ed. Sackvyle: - Not to banish all till Order for Supply of Virginia; else all the People there undone.

Mr. Ferror: - Fit to banish all; yet now 4,000 English there, who have no Means, as yet, to live on.

Sir Geor. Moore: - To divide the Question: 1 Whether to banish foreign: 2ly, For our own Dominions.

Sir Guy Palmes; - That Tobacco hindereth all the Kingdom in Health, and otherwise. - To banish all.

Mr. Pymme: - Fit to banish all; but not without some Deliberation.

Sir H. Poole: - Against all in general. - To pull it up by the Roots. To help Virginia otherwise.

Sir J. Horsey: - Thought not to speak of this vile Weed. - When he first a Parliament-man, this vile Weed not known. - Thousands have died of this vile Weed. - Abhorreth it the more, because the King disliketh it. - Prohibited to be used in Alehouses. - No good Ground for Virginia. - To banish all.

Sir Tho. Jermyn: - Loveth Tobacco as ill as any, if ill Tobacco. - To put the first Question ; and defer the second to a Committee, to consider, what Time fit to be given Virginia.

Sir Edw. Cecill; - The Question now, whether One Question, or Two.

Sir Francis Goodwyn, accordant. - Fit to distinguish these Questions ; lest the last cross the first, which else will be clear.

Sir Jo. Jephson, accordant, - The Virginia Company never heard. - Wine and Drink hurt many; yet to banish it, will kill here.

Mr. Smyth: - Hath his Interest in Virginia and Summer Islands. - The Company restraineth it by all Means it can. - To give it some Time ; else we overthrow the Plantation. - Summer Islands, and Virginia, holden of East Greenwich.

Mr. Delbridge: - The Consequence of the Summer Islands exceeding great.

Mr. Raynescrofte: - Fit to draw a Bill, and not go to Question till then.

Mr. Alford: - That, for foreign Tobacco, thought of, and reported; this, for all, not. - We read a Bill thrice.

Upon Question, Importation of all foreign Tobacco thought fit to be barred; no One Negative.