House of Lords Journal Volume 3: 26 April 1621

DIE Jovis, videlicet, 26 die Aprilis,

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

Carolus Princeps Walliæ, etc.

Grievances.

A PETITION being offered to this House by one of the Lords, which Petition had been delivered to him by a Gentleman of the Committee of the House of Commons, for receiving of Petitions of Grievances, and preferred to the House of Commons;

It was Ordered this Day, That this House will receive no Petition, except it shall be exhibited to this House by the Party himself, or commended from the House of Commons.

Sir Henry Fynes's Privilege.

The Petition of Sir Henry Fynes, a Gentleman of the King's Privy Chamber, was read; shewing, that he was Yesterday arrested, at the Suit of William Tulley, a Taylor, by the Under Sheriff of Midd. and his Bailiffs; and Ordered, That a Writ of Habeas corpus cum causa be directed to the Sheriff of Midd. to bring the said Sir Henry Fynes before the Lords, this Afternoon, at Four of the Clock; and that the Serjeant attending this House do bring William Browne, the Under Sheriff of Midd. and Thomas Gittons and Henry Bath, Under Bailiffs of Midd. who made the said Arrest; and the said William Tulley, at whose Suit the said Sir Henry Fynes was arrested, before the Lords, at the said Hour.

A Warrant to the Clerk of the Crown, for the Habeas corpus cum causa, and a Warrant to the Serjeant, to bring the said Browne and others, were made accordingly, and signed by the Clerk.

Burlemachi's Naturalization.

Hodie 1^a vice lecta est Billa, An Act for the Naturalizing of Phillip Burlemacchie, of London, Merchant.

Cursing and Swearing.

Hodie 1^a vice lecta est Billa, An Act to prevent and reform prophane Swearing and Cursing.

Inns, Alehouses, &c.

Hodie 1^a vice lecta est Billa, An Act for the better repressing and restraining the inordinate Haunting of Inns, Alehouses, and other Victualing Houses.

Memorandum, That Mr. Serjeant Crew came to the Clerk's Table, and opened the Offences committed by Sir Frauncis Michell, Prisoner in The Tower, and the Proofs thereof: videlicet,

Sir Francis Michell's Charge.

Offences wherewith Sir Frauncis Michell is charged, and their Proofs.

1. That he received an Annuity of One Hundred Pounds per Annum (to be continued for Five Years), for executing the Commission concerning Gold and Silver Thread.

Proved by the Deed of the Grant thereof from Richard Dike and Sir Nicholas Salter, Knight, unto him the said Sir Frauncis Michell, dated 27 Maii, Anno 17 ° Jacobi.

2. He and Henry Tweedy took upon them the Execution of the first Commission touching Gold and Silver Thread, dated 22 Aprilis, 16° Jacobi, and therein exceeded and abused their Power, by committing divers to Prison before Conviction, and by committing to Prison divers for Refusal to enter into Bond required by them; which was not then warranted by the Commission.

Proved by the Depositions of Robert Moore, William Symondes, John Wakeland, and Hugh Underhill, committed for refusing to be bound from their Free Trades, in May 1618, Anno 16° Jacobi, and by the Bonds of divers others.

3. That, there being a Second Commission, touching Gold and Silver Thread, dated 26 Oct. Anno 16° Jacobi, he alone committed divers to Prison; the Authority being unto Two.

Proved by the Depositions of Elianor Tower, committed to Prison by him alone, in September, Anno 1618, 16° Jacobi.

4. That he erected an Office, kept a Court, made Officers, and divers unwarrantable Orders, and exacted Bonds for the Observance of the same.

Proved by Two Books of Orders of that Court, divers of which Orders were read; and by the Deposition of William Acton, Samuell Paske, James Grove, and Edmund Page, sent for to that Office, before Mompessen and him, for the exacting of Bonds; and by the Bonds themselves, dated June, Anno 1619, 16° Jacobi, and the Bond of Nathaniel Deards unto Mompesson and Michell, dated 25 September, 1620.

5. That, in the Suit brought by Fowles, in the Starchamber, against Frauncis Lake and others, he took of Francis Lake Three Twenty-two Shilling Pieces to compound the same.

Proved by the Deposition of Frauncis Lake.

Sir Frauncis Michell, being called to the Bar, was charged with the said Offences; and made his Answer unto them particularly.

1. To the first, touching the Annuity of an Hundred Pounds per Annum:

Resp.

He denied, that he received that Annuity as he was Commissioner, but in Consideration of his Pains to be taken to settle the Controversies betwixt Mathias Fowles (the King's Agent for Gold and Silver Thread, as he termed him) and divers Goldsmiths, and others; which Controversy he appeased, and settled what Profit should be answered to any for that Business; and said, he knew not whether he were a Commissioner or no at that Time, when the Annuity was granted unto him.

The Dates of the Two Commissions being read, the first is dated 22 April, Anno 16° Jacobi; the second is dated 26 April, Anno 16° Jacobi. And the Annuity is dated 27 May, Anno 17° Jacobi.

2. To the Second, That he and Henrie Tweedy committed to Prison, contrary to the Power given by the Commission, dated 22 April, Anno 16° Jacobi; and exacted Bonds, &c. which was not then warrantable.

Resp.

He denied, that he committed any to Prison before the Seventh of May, Anno 17° Jacobi.

The Depositions of were read, who deposed that they were committed unto Prison before.

He denied also, that he took Bonds of any Man before there was a Proclamation to warrant the same.

Many Bonds were produced, dated in And the Proclamation was read, dated in October following, in the same Year.

Unto which he answered, that many Bonds were taken by Mompesson, but not by him; he confesseth, that he and Mr. Tweedy entered into this Business alone, the other Commissioners not having Leisure. That he trusted Mr. Tweedy with the Examinations of any brought before them; and that they dealt with an even Hand, and acquainted the King's Attorney, from Time to Time, with their Courses, and had his Advice; and, if Mr. Twedy be not in more Blame than he, then they have done nothing contrary to the Commission.

3. To the Third, that, there being a Second Commission, touching Gold and Siver Thread, dated 26 October, Anno 16° Jacobi, he alone committed divers unto Prison, the Authority being unto Two:

Resp.

He denies, that he did ever sit down, or do any Thing alone, as a Commissioner.

The Deposition of Elianor Towne being read, it appeared, that he alone had committed to Prison; and he being demanded why he recalled his Mittimus to the Keeper of Newgate, for the Commitment of Robert Moore, William Symons, Hugh Underhill, John Wakeland, Robert Patrickson, Jo. Mason, William Whiting, Anthony Sands, and Thomas Ledsham, committed by him and Henry Twedy, dated 6 Junii, Anno 1618;

He confessed he did so, and gave his Reason why he did it; videlicet, because he would write with his own Hands, in the Margin thereof, the Discharge of the said Persons.

4. Touching the Erection of the Office, keeping of a Court, making Officers and Orders, and exacting Bonds to observe those Laws:

He denied not the Erection of an Office, nor keeping of a Court; but said, that he joined with the other Commissioner Mompesson therein.

Some of the Orders contained in the Book of Orders being read;

He denied them not; but said, that all the Orders contained in that Book were made by the Parties Consent, of whom they took Bonds; and confessed they were all made by Mompesson and him.

5. And, touching his taking of Money of Lake, in the Star-chamber Suit, being then a Commissioner:

Resp.

He denied it not; but said, that Lake had more of him since.

The Prisoner, having Leave to speak for himself, made a Discourse, commending the First Commission (touching Gold and Silver Thread); and that he misliked the Second Commission, and the Proceedings, and would not have meddled with it, if he could have avoided it; but Mompesson told him Weekly, that he had Command from the King to do thus and thus, and what should he do to withstand Mompesson. Sir Francis Michell was withdrawn from the Bar.

Dyke and Fowles.

The Deposition of Frauncis Broade, &c. containing the Grievances and Losses sustained by him, through the unjust Dealings of Richard Dike and Mathias Fowles, was this Day read; and Ordered, Broade to take his Remedy by a due Course of Law.

Agreed, To proceed against Fowles this Afternoon, and to hear him at the Bar.

Lord Chancellor's Answer to the Message from the House.

Answer returned this Day, from the Lord Chancellor, by Mr. Baron Denham and Mr. Attorney General;

That Yesterday they signified unto the Lord Chancellor, that the Lords have (at his Lordship's Request) granted him Monday next, to send such Confession and Submission as he intends to make. Unto which the Lord Chancellor answered, "He will do it."

Earl of Hertf. Writ of Summons.

The Earl of Essex shewed unto the Lords, That a Member of this House, videlicet, the Earl of Hertf. is lately dead; and moved the House, That a Writ of Summons be directed to the now Earl of Hertf. to come to the Parliament; which was Ordered to be done; whereupon the Clerk signed a Warrant, directed to the Clerk of the Crown, or his Deputy, for the same Writ to be made accordingly.

House to sit To-morrow, though a Starchamber Day.

Moved by the Lord Say, and Ordered, The House to sit To-morrow Morning, though it be a Star-chamber Day.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam 2^m post meridiem, Dominis sic decernentibus.

Post meridiem,

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

p. Carolus Princeps Walliæ, etc.

Lords Leave of Absence.

Mathias Fowles, concerning Gold and Silver Thread.

Mathias Fowles being brought to the Bar, the Lord Chief Justice said unto him: "Mr. Fowles, you have been accused, by the Commons, of many heinous Offences; they have transmitted you hither. You shall hear your Charge, whereunto you are to make your Answer.

The Charge.

"First, That, Care being taken to prevent the Abuses of counterfeit Stuff (of Gold and Silver Thread), he being a Patentee used much Deceit in the false Dye of the Silk, the same being much corrupted with White Lead and Arsenick."

Resp.

Unto which he answered: "I deny absolutely that I used any such Dying. I employed Jude Gascard, the Dyer, upon an Opinion I had of his Skill, and upon his Promise to deliver me any Silk dyed Black of the same Weight he received it; he affirming, that he could do it, so as it might be justified, and shewed me Patterns thereof, which were well done. But afterwards he (the said Gascard) used Cosenage in the Dye. I called him in question for it, and commanded my Servants to deliver him no more Silk. The said Dyer (Gascard) excused himself, and promised to use no more such Frauds. I then asked him, if he used any unlawful Art, but he denied it; this Gascard having Possession of much of my Stuff, he dyed (whilst I was in the Country) about an Hundred Weight, and I finding Fault therewith, he promised Recompence for the Wrong done me; and yet, for that his Fault was more of Knavery than Want of Art, I turned him out, and complained of him. Now this Dyer (Gascard) lays the Abuse upon me, which I refer to the Judgment of your Lordships.

"I never knew of the Unlawfulness of his Art until he was discharged: And, as touching any Benefit which I had by the same unlawful Art, I refer myself to my Books; this I desire may be tried out, and I punished accordingly."

Mr. Serjeant Crew opened the Complaint of the Commons to the Lords, touching Fowles; and shewed, that, by Indenture dated 11 April, Anno 16° Jacobi, Fowles is named to be the Inventor.

The Depositions of Jude Gascard, the Dyer, were read; who deposeth, that

The Depositions of Bartholomew Wayte were read also; who deposeth,

The Depositions of William Geeres; who deposeth, that

The Depositions of William Gilly and others.

Unto all which Depositions, when they were read, the said Mathias Fowles made this general Answer: "I deny them all."

Mr. Serjeant Crew opened the Declaration of the Commons, which avers, that Fowles persuaded the Sophistication.

And the Deposition of Jude Gascard being read again, the said Fowles (fn. 1) was demanded, whether he had full Weight from other Dyers, and how he made up the Loss of Weight. He made a long Discourse of this; but confessed, that he never had full Weight from others, but he had most commonly full Weight from Gascard. And he further said, that he lost by Gascard's Falshood, and got nothing by the Weight, for he was fain (to his great Charge) to discharge the Silk again, which Gascard had charged with Sophistication.

Here Jervys Unwoon, Servant unto Mathias Fowles, was sworn in open Court; deposeth, that Jude Gascard was a Journeyman with one Norton; and Fowles, wanting a Dyer, went himself, and contracted with him, and Gascard dyed many Parcels well, and promised to deliver Weight for Weight, and good Silk; but sometimes delivered less Weight; and Fowles would say, "Bring me good Work, though less Weight."

He faith, he knoweth no Certainty, what others took for dying a Pound of Silk; he heard that Mr. Cram had but Four Pence the Pound, and the ordinary Dyers Eight Pence; but they allow not Weight; and it is not possible to return Weight for Weight, without Fraud.

2. Item, the said Mathias Fowles was charged, That whereas, by the Commission dated, all Stuff wrought without Licence, or imported, and the Tools of unlicensed Workmen, being confiscate, were to be brought into His Majesty's Storehouse, and to be duly prized; the same were seized, and disposed by him, and his Agents, and by the Commissioners, and not brought into the Place appointed, and converted to his own Use.

Resp.

Unto which he answered, "The Commissioners disposed of the Goods seized; I converted none to my own Use."

The Averment of the House of Commons was read, who charge Fowles with this.

The Deposition of Claude Durellee being read, who deposeth that (fn. 2)