House of Lords Journal Volume 3: 10 December 1621

DIE Lunæ, videlicet, 10 die Decembris,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Ordinances in Wales.

HODIE 3^a vice lecta est Billa, An Act for Repeal of One Branch of the Statute, made in the Session of Parliament holden by Prorogation at Westm. the 22d Day of January, in the 34th Year of the Reign of King Henry the Eighth, intituled An Act for certain Ordinances in the King's Majesty's Dominions and Principality of Wales, with the Amendments; and, being put to the Question, was generally Assented unto.

Lord Russell's Privilege.

Hutchinson arrested.

The Petition of James Hutchinson, Servant and Bailiff to the Right Honourable the Lord Russell, was read; humbly shewing, that he was arrested by Nicholas Smyth and George Fisher (Serjeants of London), by the Procurement of Richard Pritchett and William Warner (they all knowing him to be the Lord Russell's Servant), for a small Debt, which he did offer to pay before the Arrest, but it was refused.

Whereupon it is Ordered, That they all Four shall be brought before their Lordships, by the Serjeant at Arms attending this Court, by Saturday, the 15th of this December, to answer their High Contempt of the Privileges of this House.

John Kenrick's Petition.

The humble Petition of John Kenricke, was read; shewing, that he lately caused Anthony Gelly, Thomas Brinsboe, and Hugh Percivall, to be arrested, by his own Servants, upon a Latitat, to try his Title to Land; that they, pretending to be Servants, or Tenants, to the Right Honourable the Lord Gerrard, have procured the Petitioner and his Servants to be sent for, to answer the said Arrest; and the Petitioner is now under the Serjeant's Custody for the same.

And prayeth to be enlarged, and his Servants to be stayed, &c.

Ordered, That himself and his Servants shall appear here on Saturday next, the 15th of this December, according to the former Order of the Court.

E. of Essex's Privilege.

Sir James Hales arrested.

The humble Petition of Sir James Hales, Knight, was read; humbly shewing, that by the Means of Midleton, late Sheriff of Canterbury, and Growes, Town Clerk of the said City (they knowing him to be Servant to the Right Honourable the Earl of Essex), he was arrested, contrary to the Privileges of this High Court.

Ordered, That the said Mydleton and Growes be sent for, to be here on Monday next, the 17th of this December, to answer this their Contempt.

Bills sent back to the H. C.

Hodie retornatæ sunt in Domum Communem tres Billæ, by Mr. Serjeant Finch, and Mr. Serjeant Hitcham:

1. Quarum 1^a intitulatur, An Act for Repeal of One Branch of the Statute, made in the Session of Parliament holden by Prorogation at Westm. the 22d Day of January, in the 34th Year of the Reign of Henry the Eighth, intituled, An Act for certain Ordinances in the King's Majesty's Dominions and Principality of Wales; with Amendments.

2. Secunda intitulatur, An Act concerning Transportation of Butter made, and to be made in the Dominion of Wales and County of Monmouth.

3. Tertia intitulatur, An Act against such as shall levy any Fine, suffer any Recovery, knowledge any Statute, Recognizance, Bail, or Judgement, in the Name of any other Person or Persons, not being privy or consenting thereunto.

Who returned Answer, That they delivered the said Bills, and that they be received accordingly.

Monopolies.

The Names of the Lords Committees appointed to draw up the Heads of a New Bill (before Conference be had with the Commons) concerning Monopolies, being read, their Lordships repaired unto the Committee Chamber; and, after some Stay there made, being returned, the Lord Archbishop of Cant. his Grace reported to the House, That the said Committee had agreed upon the same, and delivered in the said Heads, which were read by the Clerk, in bæc verba:

"A Memorial of such Things as the Lords have had in Consideration for preparing a Bill against Monopolies.

"That whereas His Majesty hath published in Print, that no Suitor presume to move Him for Things contrary to Law, as Monopolies, and Grants of the Benefit of any Penal Law, or of Power to dispense with the Law, or compound for the Forfeiture; and yet many, for their private Gain, have presumed to attempt such Suits, and have obtained several Letters Patents and Grants, expressly against the Fundamental Laws of the Realm, and contrary to the Royal Intention of His Majesty:

"1. That it may be Enacted, That all Letters Patents, Licences, Dispensations, or Tolerations, heretofore granted, concerning the Particulars to be set down in the Bill, as shall be agreed by both Houses, be utterly void.

"2. And, That all Patents, Licences, Dispensations, or Tolerations, &c. to be hereafter granted concerning the same Things, shall be also void.

"3. That all Persons whatsoever be hereafter disabled to have, take, hold, or enjoy, any the said Grants made, or hereafter to be made, touching any of those Particulars, or any Benefit thereby directly or indirectly: And, in case any Person shall hereafter procure any Commission, Power, Order, or Warrant, to put in Execution any the said Grants made, or hereafter to be made, contrary or otherwise than by the Course of the Common Laws of the Realm are warrantable, to incur a Præmunire.

"4. That no Person hereafter attempt, or make Suit for, the Grant of any unlawful Monopoly, or of the Benefit of any Penal Law, or of Power to dispense with any Penal Law, or to compound for the Forfeiture; being Matters no Way fit for the Suit of private Persons: And, in case any Persons sue for, and obtain, any such Grant, or any Benefit or Profit, by or out of such Grant, and the same Grant be not agreeable to the Common Laws of this Realm, the Offender to forfeit Ten Times so much as he shall receive, one Moiety to the King, and the other to the Informer; the Tryal of such Things to be only by the Common Law, and that to be free and without Restraint.

"A Proviso, That it extend not to Privileges for Years, or under, of any Thing newly invented.

"Care to be had, That neither the Grants, Orders, or Ordinances, made, or to be made, to Corporations, or by them, be any way either weakened or allowed: but to be left in the same Strength and Plight as now they are.

"Privilege of Printing not to be touched, but left to the King as entire as before the Act.

"The Draught of the former Bill to be pursued, as far forth as with Conveniency may be: and Care to be had, that the other Provisos in the former Act be well penned, for saving those Things that are intended to be saved."

This Memorial being read again by the Clerk, and well approved of by the whole House, their Lordships sent this Message to the Commons, by Mr. Serjeant Crewe and Mr. Attorney General:

That whereas the House of Commons had heretofore sent up unto this House a Bill against Monopolies, and Grants of Dispensations with Penal Laws, the Lords, well liking the End and Scope of the said Bill, gave it Three Readings; but, finding the same defective in the Form, they laid that Bill aside, with an Intent to draw a new Bill to the same Effect: and, to the End that the same may be so drawn as it may give good Satisfaction both to that House and to the whole Kingdom, their Lordships pray a Conference of a Committee of the House of Commons, to meet with a Committee of Twenty-five of this House, To-morrow, at Two in the Afternoon, in the Painted Chamber, if the Time may stand with the Occasions of this House.

Answer returned,

That they will be ready to admit this Conference; but, the Matter being of great Weight and Consequence, they will take the same into their further Consideration, and will send by Messengers of their own, when they shall be agreed of the Time for the said Conference.

Sir John Bourchier.

The Lord Archbishop of Cant. (the first of the Committees for Privileges, &c.) unto whom was referred the Petition of Sir John Boucher, Knight, to be considered whether it were a formal Appeal or no, reported unto the House, That divers Lords of their Sub-committee (appointed to search for Precedents) cannot find that the Word "Appeal" is usual in any Petition for any Matter to be brought in hither: But they find that all Matters complained of here were by Petitions only; the ancient accustomed Form thereof being to the King and His Great Council: And that they cannot find but only one Precedent of this Nature, which was a Complaint by Petition, against Michaell de la Pole, Lord Chancellor, for Matter of Corruption.

Wherefore the said Committee do humbly leave the Form of Sir John Boucher's Petition unto the House; but think it sit, that the Matter of Fact complained of be heard with Expedition, that so great an Officer may not long suffer in the Delay thereof.

Whereupon it is Ordered, That Sir John Boucher be commanded to appear here To-morrow, at Nine in the Morning; and then the House will proceed to the Hearing of the Matter of Fact contained in the said Petition.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, undecimum diem instantis Decembris, hora nona, Dominis sic decernentibus.