House of Commons Journal Volume 1: 19 May 1604

Saturni, 19o Maii, 1604

Theboald's Estate.

L. 1. B. TO enable John Theboald, Gentleman, to make his Wife a Jointure of certain of his Lands, and to sell some Part for Preferment of his younger Children.

Hats, &c.

L. 1. Nova B. For the better Making of Hats and Felts, and for avoiding Deceits therein, &c.

Ecclesiastical Possessions.

L. 2. B. Against the Diminution of the Possessions of Archb. and BB. and against Dilapidations, &c. - Committed to Mr. Nath. Bacon, Mr. Cole of Winchester, Sir Geo. Moore, Sir Antho. Rowse, Sir John Boys, Sir Timothy Whyttingham, Sir Robert Wingfield, Sir John Thynne, Mr. D. James, Mr. Francis Moore, Sir Charles Cornwallys, Mr. Wyseman, Sir Francis Barrington, Sir Henry Beamount, Sir Francis Hastings, Mr. Tate: - To meet on Tuesday in the Exchequer Chamber.

Melcombe Regis Church.

L. 1. B. For the Erecting and Building of a Church in Melcombe Rests, &c.

Skinners.

L. 2. B. For the Relief of such as use the Handicraft of Skinners : - Committed to Sir Henry Beamount, Sir John Williams, Mr. James, Mr. Pettus, Sir John Jeffreyes, Sir Francis Barrington, Mr. Wymark, Mr. Fuller, Mr. Winch, Mr. Hoskins, Mr. Piggott, Sir Edw. Hobby, Sir Wm. Morrice: - To meet on Thursday, in the Court of Wards:

Committees.

Committees adjourned.

Judgments, &c.

B. For the Registring of Judgments, &c. reported from the Committee by Mr. Holt, with Amendments; and the Bill, upon Question, ordered to be ingrossed.

Conference.

Moved, That a Message might be sent to the Lords, for Conference, according to his Majesty's Direction [b].

Member called to Order.

Sir Wm. Paddy entering into a long Speech de mera fide, and de sola fide, &c. was interrupted; and a Question offered, to be made. Whether he should go on ; by reason the Order was peremptory, for reading ingrossed Bills half an Hour after Eight.

A Rule agreed. If any Man speak not to the Matter in Question, the Speaker is to moderate.

Ly. Aston's &c. Nat.

L. 3. An Act for the Naturalizing of the Lady Mary Aston, &c.- - Passed.

Rogues, &c.

L. 3. An Act for the Continuance, Explanation, and Enlarging of the Statute of Rogues, &c. - Passed.

Guns and shooting.

L. 3. An Act against shooting in Guns, &c. - Argued pro et contra by Sir Wm. Fleetwood, Sir Robert Wingfield, Mr. Bond, Mr. Martin, Sir Geo. Moore, Sir Henry Beamount, Sir Tho. Ridgeway, Sir Rob. Wroth, Sir Robert Needham, Sir John Hollice, Sir Rowland Litton. -

No Proportion between the Punishment and the Fault, - Non bis poena in idem. - Omnia peccata non sunt aequalia.

Regard it, because the King desires it.

The Bill put to Question, and, by Voice, dashed. Urged to be doubtful, and a double Question pressed, but forborn; and this Rule agreed :

Double Questions.

No double Question upon the Passing of a Bill; though sometimes, upon the Committing, it is put double, if the Voice or Question be not clear.

Sir John Crooke and Mr. D. Hone bring from the Lords Two Bills; viz.

King's Houshold.

1. An Act for the Assignment of certain Sums, for the Defraying of Charges of the King's most honourable Houshold.

Apparel.

2. An Act touching Apparel.

Religion, &c.

And delivereth besides, in Message, the Desire of the Lords, that Twenty of this House may meet, on Monday, at Two a Clock in the Afternoon, in the Council Chamber at Court, with Nine of that House, for the Naming of a Subcommittee, touching Matters of Religion, &c. according to his Majesty's Speech at their last Meeting.

Homicide.

L. 3. An Act for taking away Clergy for some kind of Homicide : - Dashed.

Courts Leet, &c.

L. 3. An Act to prevent the Overcharge of People by Stewards of Courts Leet, &c. - Passed.

Watermen.

L. 3. An Act concerning Wherrymen and Watermen : - Stayed from Question till Monday.

Message to Lords.

Four Bills now passed, to be sent up by Sir Edwyn Sandys.

A Question made. Whether Sir Edwyn Sandys shall be sent with the Bills, and move the Lords, touching the Framing of a Petition to his Majesty, for Leave to treat of Composition for Wardship : - Resolved.

Free Trade.

Ordered, That Sir Edwyn Sandys should make Report of the Two Bills of free Trade, on Monday.

The Warden discharged.

The Warden of the Fleet, attending at the Door, was called in; and, on his Knees at the Bar, confessed his Error and Presumption, and professed, that he was unfeignedly sorry that he had so offended this honourable House.

Upon this his Submission, Mr. Speaker (by Direction of the House) pronounced his Pardon, and Discharge, paying ordinary Fees to the Clerk and Serjeant.

Petition from a Prisoner.

A Petition from Watkins the Serjeant at Mace, that first arrested Sir Tho. Shirley, read in the House :

To the right worshipful Sir Edward Phillippes, Knight, Speaker for the Common House of Parliament, and to the rest of that honourable and grave Society:

The most humble Petition of William Watkin, Serjeant of the Mace in the City of London :

THAT in a compassionate Respect of the miserable and poor Estate of your poor Suppliant, who most humbly prostrateth his Error to your Mercy, having now endured Eight Weeks Imprisonment, never having Purpose, as he is ready to depose upon his Knees at the Bar, to offend that honourable House, nor the Liberties thereof; it will please you, in Commisseration of a poor Man's Estate, to consider of these Articles following, most humbly submitted to your Wisdoms.

First, he protesteth, and will take his corporal Oath, that before he had arrested Sir Thomas Shurley, he did not hear that he was elected for the Parliament; but true it is, that Sir Thomas did presently tell your Orator, that he was so: and then your Orator, having the Execution about him, durst not part with him, being bound to the Sheriff in Five hundred Pounds, with great Surety.

2. It is supposed, as your poor Orator hath heard, that your Orator hath some Promise or Security from Simpson , which your Suppliant will deny upon his Oath; with this further, that he thinketh Simpson neither hath Means, Will, nor Honesty so to do.

3. Your poor Orator hath long been a Suitor to some of that honourable House; but their Answer was, they would first have Sir Thomas Shurley.

Your poor Suppliant keepeth, of Alms and Charity, Four fatherless Children of his dead Brother's, who are otherwise left to the World; and a blind Sister of your Orator's who otherwise must either beg, or perish; whose whole Relief, and your Orator's, is nothing else but his Labour in attending his said Function.

A Point, which haply may move Compassion.

All which considered, he most humbly beseecheth that honourable House, for Christ's Sake, to have Compassion upon him.

Your most humble Petitioner

for Compassion,

William Watkin.

Religion, &c.

The Grand Committee in Matters of Religion, &c. to meet in the Exchequer Chamber, between One and Two, for naming the Subcommittee, intimated and directed by his Majesty.

Answer from Lords.

Sir Edwin Sandys returneth, that the Lords said, Sithence the Matters were of great Importance, and the Time far spent, they would consider of an Answer, and send it by their own, on Monday.

Records of the House.

A Motion made, that there might be a special Place built, and assigned, for the Keeping of the Register, and Records, and Papers of the House, &c. and for the Clerk, and his Servants, to attend and write in, for the Service of the House.

The Lord Treasurer to be moved in this.

For this Purpose, a Warrant was conceived in this Form:

Saturni, 19 die Maii, 1604.

WHEREAS it is thought fit and so ordered, by the Commons House of Parliament, that all Acts, Resolutions, and Judgments of the House, which are there entered and registred by their common Servant, the Clerk, should be written and ingrossed in One fair Register Book, and that to be kept by the Clerk, for the Use and Direction of the said House; as also that all Bills, whether passed or rejected, Papers, Notes, and other Entries and Proceedings of the House, be preserved and kept in Safety : It is required, on the Behalf of the said House, that a Room, or Place, be provided near at hand, with convenient Presses and Shelves, for the Disposing and Preserving of the said Register, Papers, and Entries; and for the Clerk and his Servants to attend upon all Occasions, for the Service of the said House: And this to be performed before the next Session of this present Parliament.

Ed. Phelipps, Speaker.

WHEREAS I am informed, that the Room, or void Space, directly under the Queen's Council Chamber, now appointed to be erected within the great Room, commonly called the Court of Requests, is the nearest and most convenient Place for the Use and Service intended by this Warrant; these shall be to will and require you to build, inclose, furnish, and fit the said Space, or some other Room of like Quantity near thereabouts, according to the Tenor of the said Warrant, and according to such further Direction, as you shall receive from this Bearer, Mr. Ewens, Clerk of the Commons House of Parliament. And so I bid you farewell. From Dorsett-house, this * * *

" To my very loving Friend Sir David Cuningham Knight, Surveyor of his Majesty's Works, his Deputy, or Deputies, and to the rest of the Officers of the said Works.

Purveyance, &c.

[a] Answers, as much as concerns the Officers of his Majesty's Houshold, touching a Bill preferred to his Majesty, against Purveyors, by the Lower House of Parliament.

1. TO the first Article we answer, that, upon Consideration had of the great Grievance of the Country, by Numbers of Carts charged, which fell out by Reason.

of his Majesty's first happy Entrance into this Kingdom, having a Queen, a Royal Issue, Nobility, and an extraordinary great Number of Followers, we presently, at our coming to a StandingHouse, reduced theNumber of Nine hundred or a Thousand Carts, to Three hundred; having formerly written several Letters to the Justices of Peace, of all Counties through which the King passed, by them to be informed of all Abuses committed by any his Majesty's Ministers; to the End that, upon their Certificate, we might have punished them according to their Demerits; but they never vouchsafed to give us any Answer: And whereas they do allege, that no Cart ought to be taken, but by the Gree of the Party; they are contented to leave out the last Clause of the said Law, wherein it is specified that there shall be always saved to the King his Prerogative, and his Preheminence of and in the Premises; the Exposition whereof is fittest to be expounded by the Use of the same; which appears by a Law, made in the Time of Edward the Vlth, to be but Two-pence a Mile, notwithstanding any former Laws made to the contrary. If any Abuses have been committed, by taking Money for Discharging of Carts, and not hiring others in their rooms; and in making them attend longer, than the Necessity of their Service required; or in taking Sums of Money in gross, or yearly Stipends, to ease certain Hundreds, Persons, and special Places, and yet notwithstanding have charged the whole Sum of Carts upon the Residue; to this we answer, we would have punished the Abuses, if theParties grieved had made Complaint unto us, or that we had received Information from the Justices according to our Letters directed to them for that Purpose.

2. The second Article is answered in the first.

3. To the third we answer, there is not Allowance of Carriage to any Person whatsoever, but such as have necessary and daily Employment in the Service of the King and Queen, or their Children : And touching Taking of Quarterage; it appeared to be confirmed by an ancient Order of the Mayor and Common Council of the City of London, for the Ease of the Subjects, and Good of the City; and hath had Continuance, without Alteration, ever since 20 H. VIII.

4. To the fourth our Answer is, that we never have received any such Complaint; if we had, we would have seen due Punishment; but now we have taken such Order, that it lies not in their Power to commit any the precedent Offences.

5. To the fifth and sixth; if the Informations be true (which we hold in part impossible to be proved) the Fault is theirs who have forborn to complain unto us; and not ours, who have ever been ready to hear and punish Abuses.

6. To the [a] sixth; it cannot be remedied, but that his Majesty must have Commissions for all the several Offices recited in the said Article, or otherwise his Majesty must many times be left unserved; yet is there many fewer than were in the Time of Princes more than a hundredth Years past.

7. To the [b] eighth we answer, that we have examined the Abuses therein contained; but the Author could never bring sufficient Proof to maintain the same.

8. To the eighth we answer, forasmuch as concerns the Houshold, our Care is, that no more be charged, than of Necessity are to be employed.

9. The ninth we leave to be answered by the Lord President of Wales.

10. To the tenth we answer, that sometime there is a Necessity of Taking of Horses for that Service; but upon Complaint of any such Matter by any his Majesty's Subjects, for spoiling or killing their Horses, we have caused them to yield due Satisfaction to the Parties grieved.

11. The eleventh we refer to be answered by the Master of the Posts.

12. To the twelfth we answer, that we have made our Commissions more strictly, than any other Forms of Commissions usually have been made in the Time of any the King's most ancient Progenitors; and it appears by Law, that the King ought not to make ready Payment, unless it be under the Value of Forty Shillings, that is taken from any Subject; which is performed accordingly: Neither can it be denied, but notwithstanding all Laws heretofore made concerning Deputies, but Deputies have been used, and that upon Necessity; for it appears in the Statute of Queen Mary, being the last of that Nature, that there is a Law made for Punishment of Deputies. Touching setting down of Prices certain; we never set down any in that kind, but such as are ancient Prices, and never have had anyAlteration by theSpace of Three hundredth Years: And for Matter of Repraisement, we find it usual by ancient Records; yet a Matter now seldom or not at all used. We do confess, if Goods be retained from the King, contrary to Law, being taken by his Commission, upon Pretence that the King ought to pay ready Money, we are to maintain his Majesty's Prerogative, and have, and do, according to our Duties, punish such Offences.

13. To the thirteenth we answer, it is not usual, that any thing is taken by Highways, or in the Night-time ; if it be, it is only in Matters of Poultry, in taking from Haglers, and Persons; that only study to prevent the King of his necessary Service: Neither do the Purveyors of the Houshold, to our Knowledge, force Men to pay any Sums of Money; but in Matters of Composition, it may be, Agreement is made betwixt him and the Compounders, for Serving of Provisions, in lieu whereof he may justly receive any Sums, to be employed for that Purpose; but if it may be approved, that he take any at under Prices, and convert the same in any other Kind to his own Use, we desire he may receive Punishment as a Felon.

14. To the fourteenth we answer, he takes in no other Form, than hath been used Time out of Mind. And whereas in a former Article it is objected, that Purveyors ought not to have Deputies; if this were observed, Five hundredth Deputies could not serve the Turn, if the Purveyors themselves were enjoined to go to every particular Person for every Hen, Pullet, Chicken, and all other Kind of Provisions daily spent in his Majesty's House. Touching Blanking, it is used as far forth, as it is possible to be performed; and the Error in Demanding of ready Payment, being above the Value of Forty Shillings, is formerly answered.

15. To the fifteenth we answer, that we know no Privilege that Wales hath, more than the English Shires; and therefore it was thought fit, for the general Ease of other neighbour Shires, to address his Majesty's Commission thither; by means whereof they very willingly, as far as we conceived, embraced a yearly Composition, which in all cannot amount to above Two hundred and fifty Pounds per Annum, for all the Twelve Shires.

16. The sixteenth we refer to be answered by the Officers of the Works.

17. To the seventeenth we answer, that a Composition being demanded of the Merchants of Bristowe, according to the Rates paid by the Merchants of London, upon grocery Wares, or else a reasonable Proportion for the Service of her late Majesty's Houshold; and both of them being denied; and her said Majesty, being therewith acquainted, being displeased at their Obstinacy; it pleased her Highness to give Order, that the Lord High Treasurer should write his Letters to the Customer of that Port, that no such Goods should be landed, nor taken up, until her Majesty's Provision were thereof first made, either by way of Commission, or Composition; upon which Order, the said Merchants did voluntarily yield to the same Composition, and continued it Three Years : But since his Majesty's Reign, proclaiming Liberty to themselves, one White indicted the same Customer of Extortion, for receiving the same; upon which indirect Practice, we sent for him, to the End he should surcease the said Suit; for if he had been suffered to have proceeded, without being called in Question, and his Error made known unto him, it might have made a general Breach of all Compositions paid to his Majesty, in terrifying any Undertakers for Receiving of Money : Neither paid he to the Messenger any Fees, but such as were ordinary.

18. To the eighteenth Article we answer, that only when the King goeth in Progress, the Purveyors do cause

such Woods to be felled, as lie most conveniently for his Majesty's Service, calling the Owner thereunto, and willing him to see the same felled, and made into Coal; which if he shall refuse, then by Virtue of their Warrants they do take Workmen, to fell and cut the same Wood into Coal-wood, and do set a Collier on work, to make the same into Coal; which they take with them from about London, because there are commonly none in the Countries whither they go ; all which Charges are to be paid by the Owners, which are allowed the Price set down by the Clerk of the Market, according to his Majesty's Prerogative: Which Use and Custom hath been always used in Progress-time only, and not at any Standing House, within Twenty or Thirty Miles of London: And for Wood for His Majesty's Expences, there is none felled in any Progress, except his Majesty's own Woods, but only taken at Mens Wood-yards, where it may best be spared, allowing the Owners according to the Rates set down by the Clerk of the Market; which always are rated by Juries of the Countries through the which his Highness doth pass. And for Wood taken for his Majesty's Standing Houses, no Man, since his Highness' coining into the Realm, hath Cause to find himself much grieved; because every Year we have had Warrants for Wood to be felled out of his own Woods; which Woods are carried (as always usually they have been) by the Country and the Bargemen, at the King's reasonable and accustomed Prices: And for the Twelve-pence and Two Shillings in the Pound abated at the Payment of their Money, we are utterly ignorant of any such Abuse ; but upon any Complaint thereof we shall ever be ready to punish and reform the same.

19. To the nineteenth we answer, that we are sorry that his Majesty's Justices of Peace should make us such needless Officers, in going about to take that Authority from us, that both Antiquity and the ancient Laws of the Realm allows; viz. in the Statute of E. primi; where it is appointed, that if any Taker, by reason of his Warrant, make Takings contrary to the Laws in that Case; it is provided, Complaint shall be made to the Steward or Treasurer of the House, and there the Truth shall be enquired, and punished. Touching the uncivil and evil-entreating of Justices of Peace, or other his Majesty's inferior Ministers, for doing no more than their Duties, and according to their Oaths, we desire, as well that the Persons may be named that have found such hard Measure, as the Persons particularized, at whose hands they received the same; which being done, we doubt not but due Satisfaction shall be yielded unto them.

20. The last we leave [to be answered by the Master of the Horse.]

Answers to certain Objections against the Purveyors of his Majesty's Stable.

FIRST, for Answer to the first Article, for the Refusing of Hay, by the Purveyor, as insufficient; is a thing appertaining unto the Surveyor, who is to be there, and judge of the Goodness thereof, and not the Purveyor; so as the Purveyor cannot enforce any Man to compound for Money, except he voluntary seek it of himself for his own Ease. For the Price of Ten Shillings the Load, which his Majesty alloweth for the Composition; it is the Price only at the Mewz at Whitehall, and nowhere else; and in all other Places, some at Eight Shillings, and some at Six Shillings Eight Pence, according unto the several Prices thereupon agreed by the Country under their Hands. And whereas the Purveyors are charged for not Paying of the Country of that which is due unto them by his Majesty; if any such thing be, it is their own Fault, for not complaining unto the Master of the Horse or the Officers of the Avery; who, upon Complaint, would have seen some Redress therein. And for their Taking of Sixty Pounds of Hay unto every Truss; it was the Composition Rate agreed upon by the Country. And whereas Purveyors are charged with Taking of Forty Trusses to the Load ; there never was any such thing demanded, as they allege and will be ready to prove.

Item, To the second, where they are charged with the Taking of more Straw for the King's Service, than is employed for the same; if any such thing can be proved, they do desire to be called to their Answer: And for the Charging of more Straw now than formerly hath been in the Time of the late Queen ; his Majesty's Expences of Straw now is more by Five Hundred Loads in the Year, than it was at that Time, and yet there is not charged by Commission above One Hundred Loads in the Year of Straw more now, except it be at his Majesty's being in Progress, or from his own Standing Houses ; and then the Country are paid such Prices as are set down by the Clerk of the Market. And for the Charging of Straw at unseasonable Times of the Year; his Majesty hath not Barn room to receive it in at the Beginning of the Year, and therefore they are enforced to send for it as Occasion shall require in the Expences.

Item, To the third, for the Heaping of Corn; if any can justly prove, that any Purveyor have forced them unto it, they desire that it may be proved by substantial Proof, and they will be ready to make their Answer therein.

Item, To the fourth for the Forests in general; there is nothing charged more upon them than the ancient Composition, except it be in the Time of Progress, or in his Majesty's Hunting Journeys ; and then his Majesty payeth for the same according to the Clerk of the Market's Book, which is set down by an Inquisition made in the Country.

Item, To the fifth and lastly, whereas they are charged for the Taking of excessive Quantities of Hay, Oats, and Straw, with the Carriage thereof, and pay not so much for the Provisions as will discharge the Carriage of the same ; it is marvelled, that upon the late Letters written by the Earl of Worcester, Master of his Majesty's Horse, unto the Country, concerning the same, that in all this Time no Information hath been given against any Purveyor, either to his Lordship, or any other the Officers of the Avery; who were ever ready to hear and reform any such Abuses.

Committees.

COMMITTEES adjourned.

Cancelling a feigned Case.

L. 1. B. For Cancelling, Defacing, and making void of the Records of a feigned Case, under the Name of Corbett's Case, devised of Purpose to overthrow the Conveyance of Sir Walter Myldmay, Knight.

King's Household.

L. 1. B. For the Assignment of certain Sums of King's Money for the Defraying of the Charges of the King's most honourable Houshold. - [a] Not opened by Mr. Speaker, for want of a Breviate; and ordered to be opened To-morrow.

Devon, &c. Fishing.

L. 1. B. For the better Preservation of Fishing in the Counties of Devon and Cornwall; and for the Relief of Balkers, Condors, and Fishermen, against malicious Suits.

Barwick Charter.

B. For Confirmation of Letters Patents, granted to the Mayor, Bailiffs, and Burgesses of the Town of Barwick, &c. reported from the Committee by Mr. Holt; and, upon Question, ordered to be ingrossed [b].

Small Debts.

B. For the Recovery of small Debts, and Relief of poor Debtors, &c. reported from the Committee by Mr. Fuller, with Amendments; which were twice read ; and the Bill, upon Question, ordered to be ingrossed.

Chanterell's &c. Nat.

L. 2a. 1. B. For the Naturalizing of Victor Chanterell, Peter Martin, &c.

Glover's &c. Nat.

L. 2a. 2. B. For the Naturalizing of Glover, Mordant, and others.

Aliens Children.

L. 2a. 3. Nova. B. To place the Children of Aliens, &c.

Bills referred.

These Three Bills, upon this second Reading, referred to the Committee named on Saturday, upon the Reading of the Bill for the Naturalizing of Sir Geo. Howme, &c. together with such Committees, as were formerly named for the last Bill, &c.

7 Bills referred to these Committees, and all delivered to Sir Francis Bacon.

Pluralities.

L. 2. B. Against Pluralities and Non-residence, &c. - Referred to the great Committee for Matters of Religion. This Bill was called for, and moved to be read, by Mr. James of the Isle of Wight, with a long precedent Discourse ; wherein he was interrupted, and stayed by Mr. Speaker; and the Bill read.

Union with Scotland.

Sir Francis Bacon reporteth the last Conference, touching the Act of the Union.

He said many Exceptions were moved.

Some agreed.

Some left at large.

Alterations,

Grammaticall;

More substantial.

Reasons yielded of every Alteration.

A Protestation and Saving for free Votes of the Commissioners, when they return into Parliament. What is adjudged next Session, shall not relate to this.

Debate adjourned.

Some Dispute touching this Report, and the Alterations moved: - To be further continued Tomorrow Morning, and a Message to be sent to the Lords: - Ordered.

Sir Herbert Crofts,

Sir Edwyn Sandys,

Sir Edw. Hobby,

Sir Tho. Ridgway,

Mr. Winch.

Free Trade.

Sir Edwyn Sandys maketh a large Report of the Travel and Proceeding of the Committee in the Two Bills for free Trade; viz.

B. For all Merchants to have free Liberty of Trade into all Countries, as is used in all other Nations.

B. For the Enlargement of Trade for his Majesty's Subjects into foreign Countries.

The Effect of this Report, together with the further Proceeding of the Bill, I received afterwards, penned by himself, and intituled, " Instructions touching the Bill for free Trade," as followeth :

THE Committees from the House of the Commons sat Five whole Afternoons upon these Bills; there was a great Concourse of Clothiers and Merchants of all Parts of the Realm, and especially of London ; who were so divided, as that all the Clothiers, and, in effect, all the Merchants of England, complained grievously of the Engrossing and Restraint of Trade by the rich Merchants of London, as being to the Undoing, or great Hindrance, of all the rest; and of London Merchants, Three Parts joined in the same Complaint against a fourth Part; and of that fourth Part, some standing stiffly for their own Company, yet repined at other Companies. Divers Writings and Informations were exhibited on both Parts; learned Counsel was heard for the Bill, and divers of the principal Aldermen of London against it ; all Reasons exactly weighed and examined ; the Bill, together with the Reasons on both Sides, was returned and reported by the Committees to the House; where, at the third Reading, it was Three several Days debated [a], and in the End passed with great Consent and Applause of the House (as being for the exceeding Benefit of all the Land) scarce Forty Voices dissenting from it.

The most weighty Reasons for the Enlargement of Trade were these:

All free Subjects are born inheritable, as to their Land, so also to the free Exercise of their Industry, in those Trades whereto they apply themselves, and whereby they are to live. Merchandize being the chief and richest of all other, and of greater Extent and Importance than all the rest, it is against the natural Right ; and Liberty of the Subjects of England to restrain it into the Hands of some few, as now it is; for although there may be now some Five or Six Thousand Persons, counting Children and Prentices, free of the several Companies of the Merchants, in the whole; yet apparent it is, that the Governors of these Companies, by their monopolizing Orders, have so handled the Matter, as that the Mass of the whole Trade of all the Realm is in the Hands of some Two Hundred Persons at the most, the rest serving for a Shew only, and reaping small Benefit.

Natural Right.

The Law stands for it; and a Law made 12th of Henry the Seventh never repealed by Parliament, only restrained sithence by Charters, unduly, or by untrue Suggestions, procured (by which means all other Monopolies have had their Original) and the first of those Charters since the Making of that Statute (which was purchased in the End of the Reign of Henry the Seventh, at what Time Empson and Dudley were Instruments of so much wronging and oppressing the People) yet doth in no wise restrain this Liberty of free Trade, but expressly allow it (with Reverence unto that very Act in the 12th of his Reign) and so continued till the Reign of Queen Elizabeth

Judgment of Parliament.

The Example of all other Nations genenerally in the World, who avoid in themselves, and hate [b] in us, this monopolizing way of Traffick for it cannot be otherwise counted [c] than a Monopoly, when so large a Commodity is restrained into the Hands of so few, in proportion, to the Prejudice of all other, who by Law and natural Right, might have Interest therein. And whereas some allege, that there are like Companies in other Countries; as of the East Indies in Lesbone, the House of Contraction there ; the Fontego at Venice; the Travesana at Noremberg; these Allegations are either untrue, or unproper: There are Places of Assembly for Merchants, and to consult for good Orders in all other Countries, but without Restraint of Trading from any Man; and how Traffick, by this Freedom, doth flourish in other Countries, and principally in the Low Countries, far more than in ours, is apparent to all the World

Examples of Nations.

The Increase of the Wealth generally of all the Land, by the ready Vent of all the Commodities to the Merchants at higher Rate; for where many Buyers are, Ware grows dearer ; and they that buy dear at home, must sell dear abroad : This also will make our People more industrious.

Wealth.

The more equal Distribution of theWealth of the Land, which is a great Stability and Strength to the Realm even as the equal Distributing of the Nourishment in a Man's Body; the contrary whereof is inconvenient in all Estates, and oftentimes breaks out into Mischief; when too much Fulness doth puff up some by Presumption, and too much Emptiness leaves the rest in perpetual Discontent, the Mother of Desire of Innovations and Troubles : And this is the proper Fruit of Monopolies. Example may be in London, and the rest of the Realm : The Custom and Impost of London come to a Hundred and Ten Thousand Pound a Year, and of the rest of the whole Realm but to Seventeen Thousand Pound.

Equal Distribution.

The Increase of Shipping and especially of Mariners, in all Ports in England. How greatly the Mariners of the Realm have decayed in all Places, of latter times, and with how great Danger of the State in these late Wars, is known to them, who have been employed in that kind of Service; who do also attribute the Cause thereof to this Restraint of Trade ; free Traffick being the Breeder and Maintainer of Ships and Mariners, as by memorable Example in the Low Countries may be seen.

Strength.

The Increase of Custom and Subsidy to the King, which doth necessarily follow the Increase of foreign Traffick and Wealth : And they which say otherwise, will dare to say any thing. These Reasons are in great Part set down in the Act of the 12th of Henry Vllth; other particular Reasons there are, which this present Time doth not yield.

Profit of the Crown.

Under our gracious Salomon, a Prince of Wisdom and Peace, we are like to be in League or Amity with all Nations; whereby, as there will be greater Freedom abroad to trade to all Places, so, fit to have greater at home for all Persons to trade. This Alteration of Times may make that fit now, which in Times of Hostility might have seemed unfit.

Opportunity abroad.

And as there will be greater Opportunity abroad, so also much greater Necessity at home; for what else shall become of Gentlemens younger Sons, who cannot live by Arms, when there is no Wars, (and Learning Preferments are common to all, and mean? So that nothing remains fit for them, save only Merchandize (and such is the Use of other politick Nations) unless they turn Serving-men, which is a poor Inheritance.)

Necessity at home.

The general Reasons to continue the Restraint of Trade, and the Answer to them, were these:

It is a Taint to the King and State, that these restrained Companies should be called or counted Monopolies; and by this Act we insist and strengthen the Complaint of the Haven Towns, and other Nations, against the State, for suffering such Companies.

Imputation of the State.

The same Reason doth justify all the Monopolies that ever were. It is no Touch to the State if Abuses creep in; but if Reformation, desired by Parliament, be denied. But surely this Taint doth no ways attaint his Majesty, who hath declared himself a just Enemy to all these unjust Monopolies.

Answer.

These Companies are not Monopolies; for a Monopoly is, when Liberty of selling, due to all Men by Right, is restrained to One with Prejudice of all others.

Not Monopolies.

The Name of Monopoly, though taken originally for personal Unity, yet is fitly extended to all improportionable Paucity of the Sellers in regard of the Ware, which is sold. If Ten Men had the only Sale of all the Horses in England, this were a

Monopoly; much more the Company of Merchant Adventurers, which, in effect not above Two hundred, have the Managing of the Two Third Parts of the Clothing of this Realm, which might well maintain many Thousands Merchants more. And with how great Prejudice this is, sundry ways, to all the Land, let Example suffice; let the Crue of all the Clothiers of England testify; and the utter Overthrow of infinite poor Persons, which live by them and their Works: For the Clothiers having no Utterance of their Cloth, but to the Merchant Adventurers, they, by [a] Complot among themselves, will buy at what Time, what Quantity, and what Price, themselves list; whereby the Clothiers are fain often to return with Loss, to lay their Cloths to Pawn, to slack their Trade, to the utter Ruin of their poor Workmen, with their Wives and Children

Answer.

These Companies keep up the Price of our Commodities abroad, by avoiding an over Glut of our Commodities in Places whereto they trade: And this Experience doth witness; for our "Cloth is" [b] of late Years much dearer than in former times; whereas contrarywise, when Trade is free, many Sellers will make Ware cheap, and of less Estimation.

Keeping up our Commodities.

It is true, that all Monopolies keep up their Commodities for their own private Lucre; but they do it unjustly, and to the Discontent of all other Men; which hath been the Cause of so many Edicts of the Empire against the Company of Merchant Adventurers, which hath driven them so often to shift their Marts; and is the Cause, that our Merchants are so generally hated [c],no other Nation Christian, either using or enduring such restrained Companies in Matter of Merchandizes., Howbeit both by Reason and Experience we may conjecture, that there is no greater * * * that if Trade be made free, our Commodities will much abate their Price abroad; for the Merchants must first buy their Commodities at home; and where many Buyers are, Wares will grow dearer; and buying dear at home, he must sell dear abroad: For it is not true, that there will be greater Glut of our Commodities in foreign Parts; the Sellers will be more, but the Wares sold will be much the same, especially in those principal Commodities which grow out of the Land. It is the Store of the Merchandize, not the Multitude of Merchants, which doth make things cheaper. Besides, when Trade is free, it is likely that many young Men will seek out new Places, and trade further for great Benefit; whereby the Glut in the former Places will be less. The weakness of their Argument of Experience is plain; for not Cloth only, but all other things in the World are risen greatly in Price ; and in France, where there is no Companies, our Karseys are sold at exceeding good Price, and as dear, in proportion, as Broad Cloths by the Merchant Adventurers : But if it were so, that they kept up our Commodities abroad; so do they, by the same Skill, foreign Commodities at Home: So a few rich Men do gain by their out-going, and the whole Land doth lose much more by their Return. They say, that they gain little by Return of foreign Commodities: There lieth a Mystery; for it is true, and will be avowed upon certain Knowledge, that upon the Arrival of the Merchant Adventurers Fleet, the Commodities on the other Side, are ordinarily raised at least Twenty in the Hundred; for so do they quit One Wrong with another. But hereby the Loss still falls heavy on the Subject, who is damnified now again in the Commodities returned, as he was before in the Engrossing of those which were issued.

Answer.

The Companies that now are, do vent all the Commodities of the Land, and yet are they hardly able to live one by another.

Venting all now.

It is not all vented which the Land might spare; and that by reason of the Courses held by these Companies, to their own excessive Gain, and certain Loss of all other Men: Besides, when Traffick shall flourish with us as it doth in other Countries where Trade is free, and namely in the Low Countries, who thereby have supported the huge Charge of their long Wars, Things merchantable will increase daily by this Encouragement to the Subjects Industry, even as there they do; for natural Commodities are more than trebled by Access of Art and Industry; and howsoever, yet the Division of Wealth will be more equal; for now, by the Plotting of the Governor of these Companies, some few overgrown Men devour the Wealth and make merry, whilst the rest, even of their own Companies, do want and weep.

Answer.

This Act makes it lawful to become Merchants without Prenticeship; which is an In jury to them which have served, and Hurt to them that serve not; who, venturing unskilfully, shall be sure of Loss.

Prenticeship necessary.

The Loss of new Merchants, it may be, is as much the Desire as Fear of the Objectors; but they that have served have their Skill for their Labour; and they that serve not, must be at Charge of a Factor, or join with their Friends, and learn Skill by them; or at least wise Men adventure their Stocks with other Men, after the Fashion of the Low Countries and other Places, where Trade doth flourish. By the same Reason young Gentlemen might be kept from their Lands for want of Skill to govern them.

Answer.

This Act, by enlarging the Companies, and giving free Access to all Men, doth in effect dissolve them, (for hardly are they able to govern those that are in already; and where Government faileth, there will be certain Confusion.)

Dissolving Companies.

This Act dissolveth no Company, taketh away no good Government: Those Orders in Companies which tend to Monopoly it abrogateth; Orders for necessary Contribution to public Charges it establisheth;/ the rest it leaves as it found them, neither in worse State, nor better. It is Weakness to say that a greater Multitude cannot be governed; for so neither Kings in their Dominions and Subjects, nor Cities in their

Answer.

Amplitude, should increase. If for matter of Merchandize there were no such Government at all, nor more than there is for our Merchants in France, or hath been at Stode, for divers Years past, or than there is in the Low Countries, where are the best Merchants in the World; yet provident Men would consult and join together in that which were for their common Benefit, Ease, and Safety : (Such Companies there are in other Countries, but no such Monopolies as ours are.

This Act is against trading in a joint Stock together, which in [a] long and dangerous Voyages (as to Musco, and especially the East Indies) is necessary; (for in that Voyage One alone will not adventure; besides the Merchants must keep some Port there amongst the Infidels.)

Joint Stock necessary.

It is true, That it is fit to trade to the East Indies with a joint Stock, and so do the Hollanders: this Act therefore doth not forbid Men to trade in a joint Stock, if they list, and see it fit; only forbiddeth to constrain Men to trade so against their Wills; which heretofore in other Trades, and, at this Day, in the Muscovie Trade, doth turn to the great Damage, both of the Commonwealth, and of the particular Persons so constrained to trade : The Muscovie Company, consisting of Eight-score or thereabouts, have Fifteen Directors, who manage the whole Trade; these limit to every Man the Proportion of Stock which he shall trade for, make One Purse and Stock of all, and consign it into the Hands of One Agent at Musco, and so again, at their Return, to One Agent at London, who sell all, and give such Account as they please. This is a strong and a shameful Monopoly; a Monopoly in a Monopoly; both abroad and at home; a whole Company, by this Means, is become as One Man, who alone hath the Uttering of all the Commodities of so great a Country. The Inconveniences which have ensued thereof, are Three apparent.

First, by this means they vent less of our Commodities ; for by reason of the One Agent, they vent all through his Hands; by which means the Hollanders have come in between us; who, trading thither in several with our own English Commodities (which are most proper for that Country) utter much more than our own Merchants, and make quicker Return; which hath occasioned many Englishmen tojoin in Trade with the Hollanders, to the Detriment of the King's Majesty in his Customs: And by this Means that Trade is like utterly to decay; for the Hollanders have grown in short time from Two Ships to above Twenty; this Spring they are gone to Muscovie, with near Thirty Ships, and our Men but with Seven. The like fell out in the Turkie Company, when they constrained Men to a joint Stock; since the Breaking of which Combination there go Four Ships for One.

Secondly, in their Return with Muscovie Commodities, they greatly prejudice the Commonwealth and State. Example in Cordage, which they bring home in such Scarcity and sell so dearly, as that they have raised it in short Time from Twenty to Thirty Shillings; yea, to sell their Ware dear, they have contracted with the Buyer, not to bring any more of that Commodity within Three Years after.

Thirdly, this is hurtful to all the young Merchants of their own Company, who cannot forbear their Stock so long as now they do, and desire to employ their own Industry in managing it, and having oftentimes been all damnified by the Breaking of that general Factor.

Answer.

In divers Places, as namely, in Turkie and Muscovy, the Merchants are at Charge of sending Presents, maintaining Ambassadors, Consuls, and Agents, which are otherwise also necessary for the Service of his Majesty, and of the State; these Charges are now defrayed by these Companies.

Public Charges.

This Matter is expresly provided for by this Act, that all that trade to those Places shall be contributory to those Charges.

Answer.

The like Attempt for free Trade was in Anno 1558, at what Time Liberty being given to all Men to buy Cloths at Westminster, the Merchant Adventurers gave over to trade at all ; whereby the Cloth of the Land lying on the Clothiers Hands, they were forced, by Petition, to get the former Restraint restored.

The now Merchants will give over.

This is true ; and the same Mischief were likely to ensue again ; for it is said that the same Policy is now in Speech in their Company : But the Times being well altered from War to Peace, this Mischief would be but short, and other Merchants soon grow to take their Places (if they should, as (being rich) they may, forsake them : But it were to be trusted, that this Stomachness, being to their own Loss, would not long continue; howsoever it doth not stand with the Dignity of Parliament, either to fear or favour the Frowardness of any Subject.

Answer.

If poor Merchants should trade together with the rich, the rich beyond the Seas would buy out the poor, being not able to sell at the Instant, to make themselves Savers; and so there would grow a Monopoly ex facto.

The Rich will eat out the Poor.

-This Reason sheweth thus much, that a crafty Head, with a greedy Heart and a rich Purse, is able to take advantage of the Need of his Neighbour (which no man doubteth of) but) if the Difficulties and Dishonesties should deter Men from Action, and not rather increase their Deligence and Wariness, then should there be no trading at all in any Sort.

If all Men may be Merchants, the Sons of Strangers deuized, will, in Time, eat out the natural Merchants of this Kingdom

Strangers will eat out the English.

If the Sons of Strangers become natural English, why should they not reap a Subject's Part? And more they cannot reap. If any further Mischief should grow, it might at all Times, by a new Act, be easily remedied.

Answer.

If Trade be free for all Men, then all may become Merchants, and under that Pretext any man may go out of the Realm; which will be good News for the Papists.

All Men may go out of the Realm.

This Conceit is weak; for so it may be said that all Men may become Mariners, and so quit the Kingdom ; and it is provided by express Words of the Bill, that they may not go out of the Realm, but for their present Traffick.

Answer.

This Act is against London, and the Wealth thereof, which is necessary to be upheld, being the head City of the Kingdom.

Against London.

Nay, it is for London, unless we will confine London into some Two hundred Mens Purses; the rest of the City of London, together with the whole Realm, sue mainly for this Bill; and they cry, they are undone if it should be crossed.

Answer.

It will be prejudicial to the King's Customs, who, in other Parts, will easier be deceived than here in London.

Hurt to the King's Customs.

Nothing can be more clear, than that if [b] Transport and Return of Merchandize will increase by this Act, also the King's Customs, which depend thereon, must withal increase : And if this Bill may pass, if the King be pleased to let his Customs to farm, to give 5,000l. a Year more than, communibus annis, hath been made these last Years. The Deceiving of the King is now, when, for Want of this Freedom, Men are enforced to purchase the Vent of their Commodities out of Creeks, because they cannot be admitted to publick Trade ; whereas otherwise they should have no Reason to hazard their whole Estate, for the Saving of so reasonable a Duty. As for Faults in Officers, they may as well happen in London, as in any other Place.

Answer.

During Freedom of Trade, small Ships would be employed to vent our Commodities, and so our great Ships, being the Guard of the Land, would decay.

Decay of Great Ships.

- It is War, more than Traffick, that maintained great Ships ; and therefore, if any Decay grow, it will be chiefly by Peace, which the Wisdom of the State will have a Regard of; but for as much as depends of Traffick, no doubt the Number of smaller Ships will grow by this Freedom, and especially Mariners, whereof the Want is

greatest, and of whom the smallest Vessels are the proper Nurseries: But that the great Ships will decay, doth not necessarily follow; for the main Trade of all the white Cloth, and much of other Kind, is shipped from the Port of London, and will be still, it being the fittest Port of the Kingdom for Germanic and the Low Countries, where the Merchants Adventurers Trade only lieth; who shall have little Cause to alter their Shipping. Then for the Levent Sea, Muscovy, and East Indies, whither we trade with great Ships, the Employing of them will be still requisite in the Merchants Discretion ; for otherwise both the Commodity of the returned will be less, and the Adventure too great in so rich Lading, not to provide for more than ordinary Assurance against the common Hazard at Sea.

Other particular Reasons there are, for Restraint of Trade in Favour of certain Company.

The Company of Merchant Adventurers is very ancient, and they have heretofore been great Credit to the Kings, for borrowing Money in the Low Countries and Germany.

Merchants Adventurers.

The Company indeed is as ancient as Thomas of Becket, their Founder, and " may" [a] still continue : Their restraining of others, which this Bill doth seek to redress, is not so ancient, and was disallowed by Parliament in the Twelfth Year of Henry the seventh ; which Act stands impeached by particular Charter, but never by Consent of the Realm repealed. But in truth this Company, being the Spring of all Monopolies, and engrossing the grand Staple Commodities of Cloth into so few Mens Hands, deserves least Favour. The Credit of the King hath been in the Cloth (not in their Persons) which will be as much hereafter, as heretofore.

Answer.

The Muscovie Company, by reason of the chargeable Invention of that Trade Two-and-fifty Years since, and their often great Loss, was established by Act of Parliament in the Eighth Year of Queen Elizabeth.

Muscovie Company.

The chargeable Invention hath been a Reason worthy of Respect Thirty or Forty Years ago, when the Inventors were living, and their Charge not recompensed by countervailable Gain; which, sithence it hath been their Loss, hath been their own Fault, in employing One Factor who hath abused them all: Private Acts for Favour, when the Cause thereof is ceased, " are" [b] often revoked. Howbeit this Bill dissolveth no Company, only enlargeth them, and abrogateth their unjust Orders for Monopolies.

Answer.

Another Argument there is, not to be answered by Reason, but by their Integrity and Love of their Country, who shall be assaulted with it. In sum, the Bill is a good Bill, though not in all Points, perhaps, so perfect as it might be ; which Defects may be soon remedied and supplied in future Parliament.

An Argument unanswerable.

Wardship, &c.

In the midst of this Report (which by that Occasion was stayed) came down from the Lords Sir John Crook and Mr. D. Stanhope, with this Message;

That upon Consideration of the Message from this House, for a Conference touching their Lordships joining in Petition to his Majesty, for Leave to treat of Wardship, Respit of Homage, primer Seisin, &c. they have, for that Purpose, appointed Thirty to meet with some proportionable Number of this House ; and desire that the

Committees named, may come furnished with the Grounds and Reasons to induce the King, as they also mean to do; and do wish, the Time may be on Friday in the Afternoon; the Place, the Painted Chamber.

Answ. That they will be ready to meet with the Number of Thirty of this House.

Free Trade.

After this Message, Sir Edwyn Sandys proceeded in the Report, and delivered in the Two Bills for free Trade; the first (being the principal Bill) with Amendments ; which were twice read, and the Bill, upon Question, ordered to be ingrossed.

Leave of Absence.

Mr. William Bradshawe, Burgess for the Town of Cardigan in Wales, upon special Motion, for his urgent Occasions, is licensed to depart.

Sir John Bowyer Knight, Burgess for the Town of Newcastle under Lyne, excuseth his Want of Attendance, by reason of Disability of Body and Want of Health ; and prayeth therefore Leave to depart home, that he might use some Means for his Recovery: Which, for that Cause, was granted unto him.

Officers Claims.

Two Petitions from poor decayed Captains and Commanders in the Wars (no Irish Servitors, for whom the first Project was made) preferred, and read; and referred to the Committee named for Consideration of Matters of that Nature ; who had adjourned their Meeting until this Afternoon, in the Star-chamber. Directed thus;

To the honourable, &c. [c] * * * * * *

To the most honoured and worthy Assembly of the Nether House in this High Court of Parliament:

WHEREAS a Bill hath been preferred into this honourable Sessions of Parliament, for the Relief of Captains and other chief Officers, which have served in Ireland, and for none others; we, whose Names are here underwritten, always believing not the contrary, but that we who have served from our Youth to this our Old Age, both in the Low Countries, Fraunce, Bryttany, Spayne, Portugall, and likewise in Eighty -eight, both by Sea and Land, for the Defence of this Kingdom, were included in their Petition, until this present Day we were truly informed the contrary, otherwise we would have preferred our humble Bill of Petition, to the like Effect, for our Reliefs and Wants, which are great; and now the Time being short for us to begin so long and tedious a Suit, we have no other Course to bethink us of at this Time, nor Friends to be our Advocates to plead for us, but to fly unto this honourable Assembly for Help, in regard of our Age, our Service, and extreme Wants. We humbly crave, you would have Commiseration on us, even as your Wisdoms shall think meet; and we shall be not only bound to pray for you, but be as ready as any to do our Prince and Country Service.

Captain Henry Roberts, John Rogers, Lieftenaunt,

Captain Thomas Muffett, Lawrence Sherwyn, Lieftenaunt.

Captain Richard Spencer

Captain Symon Norton, Willyam Monday, Lieftenaunt,

Captain Thomas Haukins,

Captain Tymothie Fieldinge, John Allen, Auncyent,

Thomas Austyne, Lieftenaunt, Garratt Saxton, Auncyent.

Richard Fletcher, Lieftenaunt,