Lunae, 23o Aprilis

Several Orders.

MISPROCEEDINGS in Courts of Equity : -

Thursday, Court of Wards. -

Wool-cards : - Thursday, Exchequer Court.

Restitution of Postes ; and Fines in others Names: -

Both to be Thursday next, Star-chamber.

Tobacco.

L. 1a. An Act for Restraint of the inordinate Use of Tobacco.

Tobacco Patent.

A Petition read, from Two Captains, Planters in Virginia; Raphe Hamor, Wm. Tucker. Sir Edw. Peyton: - That he reported this Business to the Grand Committee; but Sir Edw. Coke, in his Report, forgat it.

Sir Edw. Sands: - That this Patent for Tobacco giveth a Forfeiture for Importation, without any Warning. That some of the Patentees would not agree to that Order, set down by the Master of the Wards and Sir Edw. Sands, of 12 d. in the Pound ; which other of the Patentees had agreed to.

Sir D. Digges: - That this a pitiful Case; but yet we have not Power to order, the Patentees shall accept the Rate agreed upon by the Master of the Wards.

Mr. Delbridge relateth barbarous Usages of divers, that have brought in Tobacco. - So Mr. Drake.

Sir Edm Sands: - The Pretence of this Patent, the Stop of the great Abuse of Tobacco. - That the Patentees promised the King, to do nothing to the Prejudice of the Plantation of Virginia; yet now labour utterly to overthrow it. That the Tobacco of Virginia almost as good now, as Spanish, and within a Year will be as good. The Proclamation, for the Forfeiture, strange; being without Warning, and forfeited at the first Shipping in Virginia. That this Patent endeth of itself at Michaelmas next. To call in the Patent, were to pleasure the Patentees, who are to pay the King 16,000 l. per Annum.

- To have them pay that. To relieve these poor Men.

Sir Geor. Manners: - To relieve them. - The Lady de Laware. -

Mr. Secretary, Sir Geor. Manners, Sir D. Digges, Mr. Delbridge, Mr. Salisbury, Mr. Alford, Sir Edw. Sands: And all, that will come, to have Voice: - To examine this Business, and how fit to relieve these Men:

- To-morrow in the Afternoon, in the Star-chamber. - Power to send for the Patentees, and to see the Patent.

Charge of Bribery agt Bennett.

Mr. Mallett delivereth in the Heads framed by the Committee, against Sir Jo. Bennett; - the 6 Heads, and divers others : Which read; viz. the 6.

Sir Edw. Coke: - Single Witnesses for several Briberies, holden to be now Two Witnesses. - Newarke's Case: - Taking Money for Releasing Mens Sons: But single Witnesses there, yet concurring in eodem tertio. - To read no more now than these Six, whereof he had Copies; and if these prove true, to send them up; and let the Lords examine the rest.

Mr. Mallett: - That in all, 30 Allegations, in this Kind, against Sir Jo. Bennett; many of them wo se, than some of these Six.

Mr. Becher: - To know first of the Counsel, whether they have Authority to confess, or deny, the Offences, wherewith charged.

Mr. Speaker demandeth this of the Counsel at Bar.

- Answereth, he cometh of Counsel with Sir Jo. Bennett, but not to answer Particulars : Yet confesseth, it is just, Mr. Speaker demandeth; but saith, Sir Jo. is sick, and hindered by the Act of God : That he cannot come to answer the Matter in Fact, which none but he can answer. Excuseth it by the Shortness of Time, for that the Heads delivered him but on Seven of the Clock upon Saturday last: Prayeth a Week's Time, in respect of his just Excuse by the Act of God. - Things done 12 Years sithence.

Mr. Speaker: - That all these Things he heard at the Committee, when well; and then said no more, but all strange.

- Demanded, where Sandford is; saith,he wisheth,he knew where; for clear, he hath taken Bribes. Hopeth, his Master will be cleared.

Mr. Speaker: - That Sandford Sir Jo. Bennett's Man, his Creature : If he were to clear Sir Jo. Bennett, would. -

Both of the Counsel deny to confess, or deny, any of these Matters in Fact.

Sir Lawr. Hyde desireth to answer to the Objection, concerning the Bribe Sir Jo. gave for procuring a Canon.

Mr. Mallory : - That he loved the Man, now lotheth him.

- A Parliament of Seven Years not sufficient to examine all his Briberies. - That Sandford likely gone; and, if he had been Sir Jo. Bennett, would have done so. - To have a Course taken, to keep both the Person and Treasure of Sir Jo. Bennett safe; he having married a Dutch Woman, and so hath Alliance in the Low Countries.

Sir Ro. Phillippes: - The Counsel's Excuse not worth the Consideration. - To send up the Heads to the Lords, who may examine upon Oath. - Leaveth it to the House, whether will hear the Matter for the Canon.

Mr. Noye: - Not to hear Counsel in that; for but voluntary, and * upon Rumour, - We not to judge him here; therefore to give him no longer Time, but to send it to the Lords. His Counsel giveth a Nihil dicit to the Six Heads, sent him to the - answer unto.

Sir Sam. Sands: - The Judgment of the Fact is to be here; - To do it therefore here upon his Nihil dicit, upon this peremptory Day; and to put him first out of the House. His not answering now, like a standing mute at Bar, if present

Sir Ed. Coke: - Will not, nor is ever long. - All his Excuses turn against him: Hath had 15 Days. Now his Bribery haunteth him. The Pope maketh all Kings but Tenants at Will: So, if Judges corrupt, all Men but Tenants at Will. -

Reciteth the Precedents, vouched by him at the Committee. - (Which see there.) - Alfred: - Bermond, and divers other Judges, hanged for Bribery. - The Severity of the Judgment sheweth the Greatness of the Offence.

- If the Fountains corrupt, the Streams impure. -

18o Ed. I. all the Judges found corrupt, but Two, Beckingham, and Mettingham. - They fined, and ransomed. One fined 30,000 Marks; which is now treble. Waylond brought in as an Accessary, for taking Bribes for a Felony. - Offered, by the King, a Trial by the Law :

- Imprisonment and Banishment. - Chose the last. - His Wife brought an Action against another, without naming her Husband. -

Sir Wm. Thorpe, in Ed. III. Times. - Darby, and others, indicted for Felony, gave him, among them, 80l. - He would stay Awarding of Process against them : This but a Non-feasance.

The King, hearing it, granted a Commission of Oyer and Terminer. There he indicted of Felony, eo quod sacramentum Regis, quod habuit, &c. malitiose et rebelliter fregit, &c. - Judgment of Death. -

25o Ed. III. this examined in Parliament, and the said Judgment una voce affirmed. - Bribers called Eaters : - Eaters of Men, as it were Bread. -

Moveth, not to hear the Counsel in this, not objected against him here. - Would answer this: Hath Wit and Memory to do that, but not Wit or Memory to answer to that which is laid to his Charge.-To send up these Six Things to the Lords. - Sir Edw. Sackvyle - Open to them the Matter in Fact. - To resolve here, that these Allegations, in our Opinions, true. - To put him out of the House. The other Points; to present them to the Lords, to be examined upon.

Mr. Serjeant Ashley: - That we may examine this Business here.-This a Nihil dicit, after Appearance; which a sufficient Conviction. - To take it therefore pro confesso. - To put him also out of the House.

Sir D. Digges; - Fit now to send this to the Lords, that we grievously suspect it; but not to judge it here, without Examination upon Oath. - To suspend him only, but not to put him out yet.

Sir H. Withrington commendeth Sir Edw. Coke's Speech against Bribery: - Hopeth, Sir Jo. Bennett shall have like Punishment, as others vouched by Sir Edw. Coke.- - To make him safe.

Mr. Jordan, accordant.

Sir H. Fane: - To take him in all the Six Points pro confesso. To put him into safe Custody- - So Sir G. Monperson; who also pretended Sickness, and thereupon fled. So may he: - For believeth he is not sick. - And to put him out of the House. To send the Serjeant presently to make him safe.

Mr. Salter: - That Sandford gone. - His Alliance in the Low Countries great. - To make him forthcoming.

Mr. Hackwill: - That appeareth by a Physician's Certificate, and by his own View of him upon Friday last, very sick. That his Counsel confessed, they had spent Yesterday Four or Five Hours; and yet could answer nothing. - Not to put him out, but suspend him. ;

Sir Edw. Gyles: - Sir Jo. Bennett now more than accused ; for these Six Things known to him, yet not denied by himself, or his Counsel. - Sandford already gone. Sir Jo. not so wise, as might have been, that he not gone too. - Sick. - Must needs be sick: Cannot be otherwise.

Sir Wm. Herberte: - To secure his Person. - The Mayor, or Recorder, to do it.

Mr. Shervyle: - To secure him presently. - Some already gone out, - To resolve this presently ; and to send presently before we rise. - No Question, but to put him out. - Moveth to send these Six Heads, accompanied with the other; which would have read also.

Sir Edw. Wardor, - To commit him, before he be put out of the House: For doubteth, else no Power to do it.

Sir Tho. Low informeth his Sickness such, as to come abroad within these Five Days, would have endangered his Life. - That his Case not as Sir G. M. - No Monopoly, no Patent, nor Confession of any Offence. - Desireth a further Time.

Sir H. Strange: - To put him out.

Resolved, The Counsel shall not be heard, concerning the Canon.

Upon Question, Resolved, in the Opinion of the House that Sir Jo, Bennett faulty in the Things, whereof the Six Heads, sent to him, and read this Day in the House. - No Negative, but Sir Tho. Low.

Sir Jo. Jephson: - To secure his Estate; as well as his Person.

Sir Francis Seymor: - To commit Sir Jo. Bennett to Sir Tho. Low his House, upon his undertaking his Forthcoming, - Which Sir Tho. refuseth, in respect of the Fulness of his House.

Master of the Wards : - To secure both his Person and Estate.

Sir Edw. Coke: - To make the Questions single:

First, for his Person; after, for his Estate.

Upon Question, his Person to be secured, and put in safe Custody, for his forth-coming.

Sir Ed. Coke: - To make a Warrant to the Sheriffs of London, to keep him safe in his House, till we send up to the Lords. - In novo casu novum remedium.

Sir Jo. Strangways:- - To secure his Estate also by the Sheriff

Sir Edw. Sackvyle: - That he may not dispose of his Estate.

Sir Edw. Mountague: - Not to meddle with his Estate. - No Precedent: Nor this warrantable by the Common Law.

Mr. Griffyth : - To commit him to the Custody of One of the Sheriffs of London.

Mr. Mallory: - To send him to the Tower.

Sir J. Horsey, accordant.

Sir Tho. Jermyn: - The Securing by the Sheriffs, best and fittest, in respect of his Sickness.

Sir Rich. Weyneman : - To send him to the Tower.

Mr. Towerson, - For the Sheriffs Custody.

Sir G. Palmes, - For the Tower.

Sir Edw. Coke, - For the Sheriffs-. - And, if they disobey it, to send them to the Tower.

Mr. Glanvyle, accordant: - And, if there be no Precedent, to make a Precedent. -

The first Precedent without a Precedent. - May, in this Case, command any Sheriff of any County, where he is.

Sir Wm. Strowde: - Sithence sick, not to endanger his Life for One Night.

Sir H. Withrington, contra: - And to the Tower: For not known he is sick; and that our Prison.

Mr. Secretary, accordant.

Sir Sam. Sands, - For the Sheriff. - Not to confine our Power, to sending only to the Tower. - We may be guilty of Murther.

Sir Edw. Sackvyle: - To send him to the Tower.

Sir Edw. Sands: - Humanity to be used towards all, how great Delinquents whatsoever.

Mr. Savadge: - To use no Moderation here.

Mr. Brooke: - To the Sheriff - That increaseth our Liberty.

Mr. Berkeley: - To the Serjeant, or Tower.

Mr. Raynscrofte: - That we may commit to any Prison.

Mr. Alford: - That we have here but delivered it our Opinion, and not upon a Judgment.

A Warrant to be sent to the Sheriffs of London, to secure his Person.

Sir Edw. Coke, Mr. Noye, Mr. Brooke, Mr. Glanvyle, to go into the Committee Chamber, to draw the Warrant.

Mr. Recorder, with Mr. Mallory, Sir Francis Seymor, Sir Jerome Horsey, Sir Jo. Jephson, Sir Edw. Sackvyle, Sir D. Digges, Sir Edw. Sands, to go presently to Sir Jo. Bennett's House, and to secure the Person of Sir Jo. Bennett, till the Sheriffs of London come thither, to serve the Warrant of the House.

Bennett expelled.

Upon Question, Sir Jo. Bennett to be put out of the House. -

Ingrossed Bills.

Sir Guy Palmes: - To begin the Reading of the ingrossed Bills, at Eight of the Clock in the Morning; and to read them all the Forenoon; and the Lawyers to be specially commanded to attend. - And Resolved, -

Charge of Bribery agt Bennett.

Mr. Cilvert proveth Monies given on the other Side, in Bannester's Case; 30 Pieces; and that taken by a Contract: And, for revoking the Administration, 30 Pieces more.

The Warrant, drawn by the Committee, brought down, and read.

Sir Edw. Coke: - To send To-morrow to the Lords, for a Conference; and Sir Edw. Sackvyle to open the Matter; and some learned Persons to knit it up.

Sir Nath. Rich : - To have this last by Sir Edw. Coke, and he to vouch the Precedents. - Resolved, For Sir Edw. Sackvyle, and Sir Edw. Coke.