House of Commons Journal Volume 1: 30 April 1621

Veneris, 20o Aprilis

Benefices.

L. 1a. AN Act touching Benefices appropriate.

Rogues, &c.

L. 1. An Act for the more easy and speedy Committing, and Conveying, of Rogues, Vagabonds, and other

disordered Persons, to the House of Correction; and Punishing of Constables, that neglect their Duty in -

Inferior Courts.

L. 2. - Inferior Courts. - Committed to Mr. Alford, Sir Tho. Hobby, Mr. Drewry, Sir Jerome Horsey, Mr. Taylor, Sir Edw. Mountagew, Sir H. Poole, Sir Francis Darcy, Sir Jo. Crompton, Sir Francis Seymor, Sir Geor. Moore, Mr. Snelling, Mr. Amnerst, Sir Rich. Worseley, Mr. Cooke, Mr. Morgan, Mr. Howard, Burgesses of London and Bristol, Sir Nath. Rich, Sir Francis Barrington, Mr. Drake, Sir W. Heale, Mr. Earle, Mr. Cage: And all, that will come, to have Voice : - Wednesday Afternoon, Exchequer Chamber.

Logwood.

Mr. Bateman moveth against Logwood, whereof 31 Ton now seized,

Oldbury,&c. Manors.

L. 2a. - Oldbury. -

Sir H. Poole . - That this Bill cometh in from the Committee of Grievances. - The Miscarriage of the Chancery, in meddling with Inheritances. - That the Defendants may have Notice : - And to have it committed. -

Committed to Sir H. Poole, Sir Jerome Horsey, Mr. Berkeley, Sir Francis Darcy, Sir Sam. Sands, Sir Francis Barnam, Knights and Burgesses of Gloucestershire, Sir A. St. John, Sir Ch. Mountagew, Sir Tho. Low, Sir Edm. Peyton, Sir Francis Seymor, Mr. Finch, Sir J. Perrott, Sir Wm. Spencer, Sir Francis Barrington, Mr. Woldrich, Sir Geor. Newman, Mr. Rich. Spencer, Sir Jo. Strangwayes, Lord Wriothesley, Mr. Pope, Sir Tho. Howard, Serjeant Ashley: - Saturday come-sevennight, Two Clock, Exchequer Chamber: - And that they which put in the Bill, may give Mrs. Stafford Notice.

Importing Corn.

Mr. Serjeant Towse reporteth the Bill against Importation of Corn, with the Amendments ; which twice read. -

Mr. Neale: - That Provision may be made in this Bill, for Exportation of Corn; which is now restrained by Order, notwithstanding the Law allow it, now it is under the Value: And to have Provision made in it, that Corn may be bought, when put into the Western Ports by Storm.

Sir Tho. Low: - Doubteth, if we banish foreign Corn now, they will deny it us, when a Dearth is. Then Justices of Peace will suffer none to come out of their Counties : So London may starve.

Mr. Jordan: - That Importation necessary for their Counties. - So Sir D. Digges. -

Re-committed to the same Committee: And as many, as will come, to have Voice. - Thursday next, in the Star-chamber.

Mr. Alford: - To examine the Order, whereby Exportation of Grain restrained, against the Law. - The Customers, where such Order hath been made, to attend this Committee, with their Books. - Mr. Neale knoweth, for he spake it.

Charge of Bribery agt Bennett.

Sir Edw. Sackvyle: - That that Scale heaviest, wherein the Complaints against Sir Jo. Bennett. -

Sir Jo. Bennett Yesterday came not, being, as was said, sick. -

1. That Sir Jo. charged, for Reward, to prove nuncupative, and suppress true.

2. To have granted Administrations, for Rewards, where not due,

5. For Reward, to have given Portions on both Sides.

4. For .....

For the first: Nest made a Will; yet that suppressed, And a nuncupative -

15 Pieces to Sir Jo. Bennett, and 500 and odd Pounds, in Wares, by Sir Jo. Direction, delivered to Fishborne; for what, non patent. -

Lady Morrys - 20 Nobles for an Administration, and 40 l. to revoke it.

2. For stopping Wills; Holman; - 20 Pieces delivered, and 20 more promised by Cilvert; which Sir Jo. demanded of Holman, and threatened Cilvert to turn him out, because he took the last 201. to himself.

Sir Jo. Brand's Case; ut in the Committee Book, Sir Ro. Hitcham paid this ; ut per his Letter.

3. For allotting Portions: - Mansell; as also in that Book. - Babham; as related by divert there. -

Malapert, 10 Pieces ; Scarlet, 5 Pieces. - Mr. Rashley gave Sir Jo. for his Favour in the High Commission Court, 100 Pieces.- - Mr. Pope's Relation ; as in the same Book : - 60 Pieces. - Kilvert's Words: - Prerogative, Delegates,

- Chancellor, - Queen, - High Commission, - Master of the Chancery : - 19 in Number. - That generally, where the Fee, by Law, but 5s. 5l. usually taken.

Sir D. Digges: - A Duty to Friendship, a greater to Truth. - Produceth Sir Jo. Bennett's Letter: which desireth, that the Letter may be read.

Sir D. Digges: - To refer this over to the Lords; the Matters being so many, and weighty, and so proved.

Sir Ed. Coke: - Loveth Sir Jo. Bennett, hateth Bribery.

- That Sir Ed. Sackvyle set down these Heads in Writing; then some to be appointed, to set them down in a parliamentary; and to offer them to the Lords; with this, that we condemn him not.

Mr. Mallory : - Neither loveth, nor hateth him. - Moveth about his continuing any longer a Member of this House.

Sir Sam. Sands: - Too soon to remove, or sequester, him yet, because unheard. - For sending him yet to the Lords : - Sir G. M. heard here. - To send him up half condemned. - Lord Chancellor a Member of that House, and therefore could not be meddled with here. - To do both justum and juste.

Sir Wm. Cope: - That Sir Jo. having been twice sent for, and now last Day having Liberty, by his Counsel, to be heard in Two Points, whereof he before had Copies, yet his Counsel, coming from him, made no Defence; therefore to send it to the Lords.

Mr. Mallett: - That the Respects to. Sir Jo. Bennett, in this House, great; his to the Committee, from Time to Time, dilatory : Yet not yet to present it to the Lords. To give him a further Day, by himself, or his Counsel, to answer the Objections against him ; the rather, for that some of the Causes not yet so well proved, as fit. - That, for Cole, he knoweth something which desireth Pardon not to discover, except he be injoined.

Sir Geo. Moore: - To hear Sir Jo. - If the Accusation of Weight, not to condemn him unheard; if not of Weight, then not worth the sending. - To give him a short Day: - Never did but so, where we could hear the Party: - Or else, to send some Gentlemen, to examine him.

Sir Guy Palmes: - That this Cause ready to go up to the Lords.

Sir Jo. Strangwayes: - That Sir Jo. never had any Notice from the House, but from the Committee.

Sir H. Poole: - To deal with him, as with others. - To hear him first; and to condemn him here, before we send up; and to put him first out here, if there be Cause.

Mr. Chancellor of the Duchy, accordingly : - And to give him Time.

Mr. Denney, accordant,

Sir J. Perrot, as Sir Jo. Jephson. - To send some Three or Four, to see, whether he be sick, or not.

Sir Edw. Sackvyle: - To hear him. - If we be satisfied, well; if not, to put him out here, before he be sent up.

Mr. Pymme: - That we have Interest in the Judgment.

- We heretofore One House with the Lords. - The Commons House now enquireth: - The Judgment to the Lords; yet not without Relation to us: For have consented to Judgments, where full; excepted, where not full. - The Execution to the King. - The Office of a Judge to be an Inquisitor : God himself so. - To let every Member of the House speak what he knoweth ; then to send for, and hear, all, which will speak. - To give him Five or Six Days, to come in; and yet to go to the Lords presently, for that we know, and is proved already.

Mr. Chancellor of the Exchequer: - To give him Time. - God, that knew all, yet called Adam: Ubi es? - To give him a short peremptory Day, by himself, or Counsel, to answer these Things in the House, - That Cilvert -

Sir Francis Seymor : - That this House hath Power to examine, and judge, any Members of the House.

Mr. Serjeant Ashley: - To make him no Member of this House, e'er we send him up to the Lords. - To give him a short Day.

Sir Edw. Sands: - The Questions, Two: 1. Whether presently to send to the Lords, or give him a further Time : 2ly. About his putting out of the House. - Of great Acquaintance, yet hateth this Vice. - Must of Necessity hear him. - Sickness, in all Courts, Cause for a new Day. - Some doubteth, whether he sick: - A Miracle, if he were not sick. - That the Lords sit not till Tuesday. 2ly, To suspend him, before we send him to the Lords; but not to expel him.

Sir Edw. Gyles: - He a Member of our House. - To hear him. Fit to be judged upon the Things we have already heard, if true.

Master of the Wards: - To give him Monday.

Nothing to do him good, but Delay . - Therefore to have the Matters, already alleged, by a select Committee, to prepare these Things, and to offer them to the House.

Upon Question, Monday given, peremptorily. Sir Jo. Bennett, to answer in the House; and, in the mean time, the Heads to be prepared, ut supra the Master of the Wards. - To answer by himself, or his Counsel. - To let him have the Copies of the Heads of those Six Things, have been already proved ; viz. Holman, Sir Jo. Brand, Danbrooke, Neost, Pope's, Willett's, - The Heads of these Charges, but not of the Witnesses. - Resolved, upon Question.

Sir Edw. Mountagu: - Not to give him the Heads.

Sir D. Digges, contra: - So Mr. Glanvyle: - For else, if he be sick, he cannot answer; but will delay it, by reason he hath them not.

Sandford, and all the Witnesses, to be then here.

Cilvert called in. - Hath begun to discover Bribery, and but begun.- This but the Suburbs. -

Desireth, Sandford may be sent for. - Hath named Sandford, Geares, Cole, Delhicke, Ode, Oland, Owen. - Can speak of other Matters, beyond Admiration. -

As hath taken, so hath given. - Gave in the last Convocation, 50 l. per Annum hereditary, for making a Canon against the Oath, The 50 l. paid to Ed. Bankrofte. -

Woodhall, the Register, to be examined to this Point.-

Goffe's Widow, made Executrix, barred the Proving the Will; Kept in Suit Three Years. By his Counsel, she began again, and, for 10 Pieces, concluded upon the End before the Beginning. He received this from Bradley, the Attorney, and delivered it to Sir Jo. Bennett.

Potter, for 5 Pieces, contracted with Sir Jo. Bennett, for Administration, pendente lite, at least -

Bottom, for Administration, - 5 Pieces. Sir Jo. pressed more ; but he held him to it, upon the former Agreement. -

Sir Jo. dealt with him to surcease Prosecution, and offered him what he would have. - Mrs. Duppa, his Mother. in-law. - Boyland, Sir H. Martyn's Man, came from his Master, to have him come to him. -

That Sir Jo. Bennett dealt with his Mother-in-law, to take him off; and told him, Order was taken, what Money he would require, should be paid, without Expostulation. That the same Afternoon, Sir H. Martyn sent to him, to sup - him. He went to him before Supper : There Sir H. Martyn brake this Business to him, -

Cilvert required by Mr. Speaker to Set down this new Matter in Writing; and what he thinketh the Witnesses, named by him, can speak unto. This to be done, and delivered to the Clerk, against Monday Morning.

Sir Edw. Coke, Master of the Wards, Sir Edw. Sackvyle, Mr. Chancellor Exchequer, Mr. Noye, Sir Sam. Sands, Mr. Crew, Mr. Mallett, to prepare, according to Master of the Wards Motion, in the Committee Chamber, Seven Clock, To-morrow Morning.

Report desired.

The Report of the Conference to be put over till To-morrow, and then to be made, any other Business notwithstanding.