Martis, 17 Aprilis

Serges, &c.

L. 1. AN Act for the better Making of Serges, and Perpetuanaes.

American Fishery.

L. 1a. An Act for the freer Liberty of Fishing Voyages, to be made and performed in the Sea-coast and Places of New-found-land, Virginia, New England, and other the Sea Coasts and Parts of America.

Gray's Patent.

Mr. Mallory moveth against Abraham Gray, who hath now, this Vacation, gathered much Money in Yorkeshyre, for Dressing and Cutting of Arms. - Cutteth divers Corslets, and marreth them. - Above 600 l. per Annum in Yorkeshyre. - Sendeth for the poor People, to bring their Arms Ten Miles.

Mr. Drake, accordant: - And that the same hath been in their -

Abraham Gray to be sent for by the Serjeant; and all other the Patentees, named in the Patent: And the Gentlemen of this House to write into their several Counties, to stay the Payment of this Money; and to take their Names.

Arms.

Bill of Arms, - Saturday in the Afternoon, in this House.

Patents, &c.

Sir Edw. Coke : - That this Parliament divers Patents deservedly questioned. - That there be some for new-found Offices, tending to the Charge and Burthen of the Subject. - Praestat cautela, quam medela. - To stay unlawful Grants, before they pass the Great Seal. - He against all new Inventions, and Projects. - To restore Things to their Original, excellent: - This Instauratio magna. -

Instaurare paras -

Instaura leges justitiamque prius.

Moveth, what standing with Law, and an Act of Parliament, made in Temp. Ed. I. our Justinian, the wisest Prince, that ever here before him, or sithence, till our King. He made a Law, not to grant any Franchise, without an Ad quod damnum: - What Prejudice to the Crown, or Commonwealth; to the Crown or Country. This to be tried by 12 Men. -

A Maxim, no Letters Patents can, without an Act of Parliament, set a Charge upon the Subject, for domestick Things. This assisteth, not prejudiceth, the King's Prerogative : Therefore a Statute made 27o Ed. I. for this Ad quod damnum.

This Course would avoid, both the Charge, to the Subject, of the Great Seal, and the Disgrace of the Seal.

Fitz. Nat. Bre. this Ad quod damnum set down with great Commendation; and against the Non obstante, now devised. -

18o Ed. I, a Question, whether a Patent good, without this Ad quod damnum.

Hath drawn a Bill, to restore this Writ; and a Penalty, of 500 l. upon any, that shall sue out a Patent without it. - This to be divided between Soldiers, and Houses of Correction. - By his Bill disableth the Party to execute his Patent, till this Money paid; and yet then his Patent (if against the Law) never the better.

Proceedings of Committee during Recess.

Mr. Solicitor reporteth from the Grand Committee, at their Meeting the first Day after the Recess. - Then unng Days appointed for particular Purposes. -

Recusants.

First Wednesday, Easter Week. - A Committee to draw a Bill, to prevent the Frauds of Recusants. They met, and have drawn One. - The Committees to meet in the Committee Chamber, To-morrow Morning, Seven Clock, to perfect it.

Money.

Wednesday in the Afternoon, a Preparation about Money. -

Statutes.

Thursday Forenoon, about Repeal of Statutes. - That they met, and have almost finished it. - This Committee, Saturday in the Afternoon, Inner Temple Hall. -

Elections,&c.

In the Afternoon, about Bill for Elections, &c. which ready. -

Ordnance.

The 2d, about Transportation of Iron Ordnance. - A Copy taken of a Bill, to that End, in the Upper House; which defective in divers Things, the Committee thought fi.

Sir Ro. Phillippes: - To frame a Bill here, and not stay for the other.

Sir Wm. Strowde, accordant: - So Mr. Hackwyll: -

For this the Jewel of the Kingdom. - That this hath been twice stayed here, upon like Pretence of a Bill in the Upper House.

Sir Edw. Sands: - To prepare a Bill here; and yet not to send it up, till the Lords come down.

Upon Question, a Bill, for this, to be prepared here, by the former Committee : - Upon Monday next, Two of the Clock, Exchequer Chamber. -

Petitions.

Friday, to review the Petitions ; to sort them ; answer, and distribute them : Herein much Pain taken : - The Sub-committees to make their Report of these Petitions, To-morrow Morning.

Courts of Justice.

Saturday, for Courts of Justice: Met about it: - Both in Courts of Law, and Equity, and ecclesiastical. - About 10 Laws conceived: 1. To regulate Jurisdiction of Courts.

- Not to have them justle one with another. 2. Against new Offices, and new Fees ; and against Encroachment of Fees by old Officers. 3. Against Days of Hearing after Four Days after Michaelmas, Midsummer, and Hillary Term ; and no Motions in Vacation-time, nor at any time by Petition. 4. For Rewards for References : - As Masters of the Chancery. - Masters of the Chancery to report Matter in Fact only. Whether any Fee, left to the House. An Act of Parliament against it, and a Privy Seal for it. 5. For moderating Fees for Orders; the Length whereof is troublesome, and chargeable. The Restraint of the Fee like to help this. - But 4 d. for an Order in the Courts of Law. 6. No Subpoena, or privy Seal, to be taken out, till a Bill in Court. - Hoped, Counsel will not so readily advise Suits. 7. For ecclesiastical Courts ; the Fees for Probate to be set down; Wills and Inventories to be written at Pleasure, and not to be tied to Proctors, or others. For Administrations ; the Penalty of 10 l. thought too small: Now, if not lawfully granted, to be void. - A moderate Part to be reversed in pios usus: That to be recorded, and an Account for it. - So for Commutation of Penance; that it may appear. 8. Against Habeas Copora, for whole Vacations, for Prisoners ; so as the Creditors lie in Prison, Prisoners go abroad.

Sir Edw. Coke commendeth this. - To leave little to Discretion : - Therefore to hasten this. - To appoint a Time for reading these. -

Addeth, that, when he Chief Justice, a Writ of Law denied. - The Chancery a Court of Record, in Part; - the Latin Court: - For the English Court, no Court of Record. - 36o H. VI. 27o H. VIII. - That he went to Ellesmere, Chancellor. - These Books. -

17o Ed. III. 18o Edw. Writs of Error, for Judgments in Chancery, reversed in Banco Regis. -

15 Eliz. Dyer, 351. simile. - Ployden. - Earl of Leycester's Case. - The King's Bench above the Latin Chancery. - Coram Rege, in the King's Bench : Coram Rege in Cancellaria. - In Canc' the younger Brother giveth, the Difference. -

37o H. VI. Ashton's Opinion against it: And no more in all the Law. - This not to be a Bill, but a Grievance.

- Truth the best Oratory; and plain English Honesty the best Policy. -

When he came to be Chief Justice of the King's Bench, Sir Nich. Pointz, by Habeas Corpus, went to the Country, and there committed a Riot: Thereupon he directed an Action to * * brought for his Escape: And this stopped that Course all his Time - Could not walk in the Garden anciently; now, through England. - That the King thanked him for it; called all the Judges together; who all of One Mind, it was unlawful: And, by the King's Commandment, the Judges published it in all their Circuits. - This to be provided for also as a Grievance, because granted against Law.

Mr. Solicitor's Bills to be brought in To-morrow Morning; or as many, as can be then dispatched.

Customers Fees, &c.

Mr. Solicitor : - That Monday after Easter Week, Exactions of Customers Fees, and Corporations, &c. - He not there.

Sir Edw. Sands: - That Order then given for a Bill for it -

Light-houses.

The Light-houses divided to the Consideration of Two several Committees -

Decay of Money, &c.

Tuesday Forenoon. Decay of Money: Afternoon, of Trade in general. This the Master of the Wards undertook. -

Wool, &c.

A Bill ready, against Transportation of Wool, Fullers Earth, &c. Another, for Wearing of Cloth here, which venteth not well here. - These To-morrow Morning.

Reading of Bills, &c.

Mr. Solicitor: - To set apart some Hours for reading Bills, to send them up. Thursday, for passing Bills.

Report deferred.

Sir Edw. Sackvyle excuseth his Reporting now. - That many Things laid to the Charge of a great Judge, which not yet fully proved.

Sub-committees.

Sir Edw. Sands: - To have some added to the former Sub-committees, which not above 5 of a Committee.

Petitions,&c.

Sir Edw. Sackvyle: - The Petitions distributed into Three Heads: 1. King's Revenue granted to private Men: 2. Penal Statutes, Forfeiture thereof granted to private Men; wherewith his - 3. Those King's Prerogative. -

To be prepared; the Petitions, and Grievances, of former Parliaments.

The Grand Committee to appoint Sub-committees, for all the Petitions of Grievance. - This Afternoon, in the House: - And to have Authority to regulate all Businesses of the House; particularly, the Charge and Restraint of Trade, and Tobacco.

Trade.

Master of the Wards: - That Sir Edw. Sands, from the Sub-committee, delivered to the Grand Committee Five Heads of the Decay of Trade :

1. Falsification of Perpetuanaes; which made the Charge thrice as much as intended; and scorned abroad. - Perpetuanaes, at first, 50s. 60s. 4l. now but 25s. yet 2s. 6d. Charge now upon them, and no more at first; and of no Account by this Falsification beyond Sea. - For this a Bill.

2ly, By reason of Interlopers of Shop-keepers, &c. who, being unskilful, sold their Commodities to 20 per Cent. Loss, only to bring in Tobacco. - No Shop-keeper in London to be a Merchant: - Otherwise in the Out- ports; for there to be according to ancient Use. - Resembled to a Nobleman, and a Gentleman. - Yorke, Norwich, &c. left to their Choice to be as London, or the Out-ports. - He, that hath Two Trades, of Shop-keeper and Merchant, to elect the One, and leave the other.

3ly, The Importation of Spanish Tobacco; for which 60,000l. paid yearly, and 60,000l. Loss in Commodity : So as Loss of importing 120,000l. per Annum, of Bullion: And resolved, 100,000l. yearly, at least. - The Remedy : To supply Tobacco out of Virginia, and the Summer Islands; and to prohibit all other Tobacco. - That resolved, this Prohibition might be, without Breach of the Treaty - That as great Difficulty, at first, to plant Tobacco, whence now cometh, as in Virginia: At first could get none to go thither: now, 50l. a Man, and 50,000l. per Annum to the King of Spayne; whereof Hope for the -

4ly, That Sugars may not be exported Custom-free. - To move the King herein.

5ly, The great Impositions by Customs, &c. as in Perpetuanaes, &c. 25 in the 100 upon some Commodities : Bays instanced. - For Bays exported, and Commodity imported : The like for Devon Kerseys. - Alleged by one Bennett, 10s. pretermitted Custom, hindereth the King 10 l.

Resolved by all the Committee, Spanish Tobacco might be banished. - By Calculation, 1,000 Weight of Tabacco spent every Day in England - That Licence might be had in Spayne, for Two or Three per Cent, to export Money. - Pepper prohibited to be imported, and Fins; the One, for the East India, the other, for the Greenland, Company. -

That 3l. upon a Cloth in Holland: 3 l. 8s. in the Arch-duke's Country, upon a fine Cloth; where but 2d. by the League. -

That the 5 Ports complained, that they were hindered, by Patents, from Trade; where they have Patents ancient for their Trade. -

The Out-ports complain, they are undone by Patents granted to Companies.

Sir Edw. Sands: - That this Report was only for the Spanish Company. - That it was ordered by the Committee, that no Tobacco should be sold above 8s; a Pound.

Which would prevent Stealing of Tobacco, whereby the King loseth his Custom ; and will abridge the great Charge at which now Tobacco is taken.

Master of the Wards: - That this, for 8s. a Pound, not resolved. - And doubteth, it may prove dangerous, to set a Price upon foreign Commodities; lest the like be to us here.

Sir Edw. Coke remembereth the Proclamation, which restraineth Setting of Tobacco: Which against the Freedom of a Subject. - The Queen did so for Oade; yet informed by her Judges, revoked it. -

To set down here, that we may plant upon our own Grounds, what we will. - The Grand Committee to consider of this, this Afternoon; and whether the Restraint of foreign Commodity be not necessary.

Mr. Secretary: - That, in some Cases, a Prohibition may be; as, of Tobacco about London; which was restrained by Act of Council.

Sir Edw. Coke: - This may be done pro tempore; but when a Parliament, to have it then by it; and the Prohibition to continue no longer.

Mr. Mallett: - That a Sub-committee hath already taken into their Consideration the Proclamation against Setting of Tobacco upon Mens Freehold; and other Proclamations, touching Mens Freeholds.

Writs ad quod damnum.

L. 1a. An Act for the Restitution of the true and necessary Use of Writs of Ad quod damnum, or Commissions in nature of the same.