House of Commons Journal Volume 1: 19 November 1606

Mercurii, 19 Novembris, 1606

Corporations.

L. 2. B. TO make good Grants, and other Conveyances and Assurances, made to Corporations, notwithstanding the Misnaming of the same Corporations : - Committed to Mr. Fuller, Mr. Chub, Sir Geo. Rivers, Sir Robert Johnson, Mr. Wyseman, Sir Gamaliel Capel, Sir Roger Owen, Mr. Hedley, Mr. Tate, Mr. Staughton: - To meet Tomorrow, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Members in King's Service.

Mr. Speaker produceth a Note, sent unto him (as he said) by Commandment from the Lord Chancellor; containing the Names of certain Members of the House, disposed and employed by his Majesty, sithence the last Session, in special Services ; with Direction, to know the Pleasure of the House, whether the same Members were to be continued, or their Places supplied with others; viz.

Bedf. villa... Humfridus Winch, Ar.

Chief Baron of the Exchequer in Ireland.

Cornub. Burgus St. Jermyns. Georg. Carewe, Miles, Ambassador Legier in France.

Devon.... Thomas Ridgeway, Miles, Treasurer at Wars in Ireland.

Norf..... Carolus Cornwallys, Miles, Ambassador Legier in Spaine.

Norwici Civitas, Henric. Hobart, Miles, His Majesty's Attorney General.

Upon the Reading of this Note, was moved, that a select Committee might be appointed, to take into Consideration all Matters and Questions, arising, touching Privileges or Returns during the Time of this Session of Parliament; and particularly, of the several Cases of these Burgesses absent, or of other in like Case ; as, Sir Thomas Edmonds, Burgess for the Town of Wilton in Wiltes, and now Ambassador Legier with the ArchDuke ; and Sir Oliver St. John, now Master of the Ordnance in Ireland, Burgess for the Town of Portesmouth ; and so of others, if any more were.

Committee of Privileges.

The Committees named to this Purpose, were, Sir Francis Hastings, Mr. Solicitor, Sir Edward Hobby, Sir John Heigham, Sir Geo. Moore, Sir Edw. Mountague, Sir Rob. Wingfield, Sir Herbert Crofts, Sir Francis Goodwyn, Sir William Strowd, Sir Robert Knollys, Sir Nath. Bacon, Sir Tho. Knevett, Mr. Bowyer, Mr. Fuller: - And were appointed to meet the same Day, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Labourers.

Sir Rob. Johnson moveth, that the Defects of the Statute of Labourers, 5o Eliz. might be viewed and considered on, and stubborn and disobedient Servants met withal, by some Provision ; and to that Purpose a Committee might be named : Which the House did not assent ; but, according to Order, directed the Mover to bring in a Bill.

King's Answer concerning Grievances.

Mr. Speaker publisheth, that the Clerk of the Higher House, by his Maiesty's Commandment, had delivered unto him a Roll of Parchment, written, and intituled, A Memorial of such Resolutions, &c. which, he said, was an Answer of the Petition, touching, common Grievances, presented the last Session to his Majesty; and that his Highness' Pleasure was, it should be imparted to the House.

Hereupon the Clerk was commanded to read it, in this Form:

A Memorial of such Resolutions as his Majesty hath taken, with the Advice of his Privy Council, assisted with the Two Chief Justices, the Lord Chief Baron, and his Majesty's Counsel at Law, upon Examination of those Grievances which were presented to his Majesty by the Lower House of Parliament, at the last Session : wherein there hath not only been a just Consideration, how all those Grants, from whence these Grievances are supposed to arise, are warranted by the Laws of the Realm, but a due Examination of all such Inconveniences as do or may fall out in Execution of the same.

FIRST, whereas his Majesty hath granted to the Lord Danvers, and Sir John Gilbert, Three Parts in Four of all such Benefit as should arise to his Majesty by Fines, Issues, Amerciaments, Forfeitures, &c. over and above the Sum of 2,800l. which Sum is supposed to be the Medium of those Profits accruing in former Years; although their Profit was only to arise by such Augmentation as should appear to be made in the Court of Exchequer, upon Order given by his Majesty to the Barons, and all other Officers, for Reformation of the great Frauds and Abuses committed in the Levying of the Fines and Amerciaments ; nevertheless, because the said Grant appeareth to be subject to Inconvenience in the Execution, his Majesty hath been contented to revoke the said Patent; and, in Recompence of the Lord Danvers' particular good Service in Ireland, and other Considerations, hath been pleased to grant a Pension of 1,000l. per Annum; that is to say, 500 l. by Year, to the Lord Danvers himself, for his Life; and also 500 l. a Year, at his Suit, to John Danvers Esquire, his younger Brother, for his Life: And in respect the said Sir John Gilbert was also interested in that Grant, and hath likewise voluntarily surrendered his said Interest; his Majesty, in Consideration thereof, and of his former Services, is also graciously pleased to grant unto him 300l. by Year, for Seven Years.

1. Lord Danver's Suit.

To the second, which is concerning a Patent granted to Sir Roger Aston, for all

Fines, Amerciaments, and other Penalties and Forfeitures, known under the Name of Green-wax, growing from the Tenants of the Duchy of Lancaster; it is resolved by the Judges, that they be things grantable by the King, and are enjoyed by a Patent of the late Queen's: Nevertheless, because this Grant of Sir Roger Aston's, now in Question, dependeth upon some Recitals which the Judges have not examined, and therefore cannot now determine of it, in Point of Law; and because there may be some Inconvenience to the Subject, in the Execution, except some Things may be reformed; his Majesty hath taken Order with the Patentee, for Surrender of his Patent, and to grant him a new Patent upon these Conditions : First, that the Patentee dispense not aforehand with Offences or Default of Jurors, upon Pain of Forfeiture of his Grant: The second, that, upon every general Pardon, the Subject may enjoy the Benefit thereof, as though the Things pardoned were not granted, but still in the King's Hands: And if the Patentee should insist to prove his Patent good by Law, and to refuse the Orders set down; then it is thought fit, that his Majesty do presently give Order to his learned Counsel, to take all those Courses which are warrantable by Law, to overthrow the same.

2. Green-wax.

To the third, which is touching a Patent

made to Sir Henry Bronker, of the Issues of Jurors not appearing throughout England; forasmuch as there are in this Patent some such Inconveniences, as in the former of Sir Roger Aston's, it is also resolved to resume the old Patent, which the Judges already have determined to be void in Law, and to grant a new, with the like Provisions as are appointed for the Patent of the said Sir Roger Aston.

3. Issues of Jurors.

To the fourth, concerning the Lord Admiral, for the Licences to sell Wines by retail, at a greater Price than the Laws now in force do allow; the Judges resolve, the Grant to be good in Law; and touching the supposed Abuses complained of, such are the Answers which have been given by the Patentees, after due Examination, as it seemeth, that the Informers have abused the Lower House with many Untruths.

4. Licence to sell Wines.

To the fifth, concerning a Patent which doth permit the Use of a Stuff for dying, made of a Mixture of Logwood, or Blockwood, with other Things, which, in that Manner used, is alleged to be good and profitable for dying; although both Sides have been heard before his Majesty's Council, and there received the Opinion of the Judges, that his Majesty's Grant is justifiable by the Law ; and some Suggestions made by the Dyers, as well concerning the Price supposed to be demanded for every Ton, as touching some other Abuses in the Execution, proved false, upon the Hearing; nevertheless, such is, and ever shall be, his Majesty's precious Care, to prevent all Colour of Vexation to his Subjects in general, and in this Particular, more than any other, tending to discredit the Making of Cloth (which is one of the greatest and richest Commodities of this Kingdom) as he hath been pleased to resume into his Hand this Grant, by Consent of the Patentees, notwithstanding the yearly Rent of 500l. reserved to himself, and that farther Profit of good Value, which was to arise to those that are interessed in that Patent, made unto them upon good and valuable Considerations; for which his Majesty is pleased to take some other Course (though to his own Charge) for their Recompence, rather than his Subjects should have any just Cause of Complaint.

5. Logwood.

To the sixth, concerning the Raising of the Customs; it is apparent, that his Majesty

may, by the Laws of this Realm, require 12 d. in the Pound, according to the very Value of most Merchandizes: Nevertheless, the King hath not done this; neither (according to some Use of former Times) were these new Rates set by Oath; but his Majesty, by his Commissioners, calling to them principal Merchants of all Sorts, and using their Opinion and Advice, caused the old Rates to be changed according to the Change of Times ; abating the former Customs of divers Commodities, that are fallen, or too hardly rated, and so likewise advancing some others, and yet with great Moderation, far under the Due in those Commodities, that are much risen : Which Course, as it hath been used by former Kings of this Realm, from Age to Age, applying themselves to the Times, so is it necessary now, in point of State, seeing all the neighbour Princes and States have divers Times, of late, mounted their Customs; otherwise, if they shall increase theirs, and by Consequent raise the Price of their Commodities, and his Majesty, by the contrary Course, undervalue his, the Stranger Merchants shall sell dear to his Majesty's Subjects, and buy cheap of them; whereby the Importation shall exceed the Exportation, to the Exhausting of Treasure, and Undoing of the State : And therefore this Complaint appears to be without Cause, and might well have been forborne.

6. Raising of Customs.

To the seventh, which is touching the Imposition upon Corants; forasmuch as that

Complaint carried with it, among other Things, a Suggestion that this Imposition would not be found warrantable by the Law, in case the Complainants mought be permitted to try the Right in Course of Justice ; his Majesty, for Satisfaction of all Parties interested therein, hath remitted the Determination thereof to such Proceedings in Law, as is usual in like Cases, and standeth with the common Justice of the Realm ; which hath already proceeded so far, as it hath been pleaded largely and often against the King, as well as for him, upon his Majesty's special Directions to afford the Plaintiff free and favourable Hearing; and thereupon being publickly argued by all the Barons of the Exchequer, without Contradiction, it hath received there a final Judgment for the King. In the Carriage whereof, as his Majesty assureth himself, that those who preferred those Complaints unto him, have Cause to remain satisfied, considering his Majesty's extraordinary and gracious Dealing herein, in suffering a Case which so nearly toucheth his ancient Prerogative, in this Nature to be disputed in the common Form of Law; so, if any other Persons, either out of Unquietness, or Partiality to their own Gain, shall further importune them to deal with his Majesty in Cases so greatly concerning him, he expecteth they shall be rejected, as Persons rather worthy of Reproof, than to find any Favour in that Place.

7. Imposition upon Corants.

To the eighth, concerning the Imposition set upon Tobacco ; his Majesty is pleased to

leave it to the same Course, as a thing depending upon the same Reasons.

8. Imposition upon Tobacco.

To the ninth, touching a Patent granted to the Duke of Lenox, for the Searching and Sealing of divers Stuffs, by the Name of new Draperies ; it is thought fit, that the Validity thereof be left to be judged by the Law; and whensoever any Abuse, arising in the Execution thereof, shall appear, it is intended that the same shall be severely punished.

9. Sealing of new Draperies.

To the tenth, which is the great Charges, that Sheriffs of Counties are put to by the Clerks and Officers in the Exchequer, upon their Accounts, which are made merely for the King's Service; forasmuch as those Things are to be redressed, upon Complaint and Proof in the Court of Exchequer, his Majesty hath commanded the Lord Treasurer, and that Court, to examine the Particularities thereof, and to give Order for Reformation.

10. Sheriffs Accounts.

To the eleventh, concerning Mustermasters; as his Majesty persuadeth himself, that there is no Meaning in this Complaint, to take Exception to those Courses, which his Predecessors have used, for the orderly and necessary Training up of the Subjects, wherein consisteth a great Part of the Strength or this Realm ; so whensoever it appears that any Lieutenant, by Virtue of his Commission, hath taken, or shall take, any indirect Course for the Execution of that Service, his Majesty is determined, upon Proof, to see the same redressed.

11. Mustermasters.

To the twelfth, concerning Pre-emption of Tin; it is a Right of Inheritance so anciently and justly appertaining to his Majesty, as none can or ought to impugne the same ; to which being added, that in the Execution thereof, it is apparent that a Number of his Majesty's good Subjects in those Parts of Cornwall, that live by the Labour of their Hands, receive great Relief, by receiving reasonable Payments, where the Merchants used in former Times to make what Payment they list for that which they bought of them ; the Exception to this appeareth not to be worthy the Name of a Grievance, unless some Abuses be committed, which shall be reformed upon Complaint, whensoever any Cause shall appear.

12. Pre-emption of Tin.

To the thirteenth, which is concerning the making of Smalt, or Blew Starch; it was

granted, upon Suggestion, that it would be a Means to set many poor People a-work; which if it shall be found unwarranted by the Law, it is left free to be called in Question, and there determined.

13. Blew Starch.

To the fourteenth, concerning Purveyance; his Majesty hath already declared his Pleasure, by Proclamation, for Reformation of any Abuses to be offered to his Subjects, by continuing the ancient Use of his Prerogative of the same, whereof there is, and hath been always, so great Necessity for him and his Predecessors; as there needs no further Answer to that Complaint, than that his Majesty is graciously pleased to continue the Course he hath done, in punishing all that shall abuse the meanest of his Subj ects in Execution thereof.

14. Purveyance.

To the fifteenth, concerning Licence for Transportation of Iron Ordnance and Bullets;

although his Majesty assureth himself, that no Man will presume to call in Question his Power to grant them at his Pleasure; yet he is well content to make it known, that as there hath not been of late any Grants passed of such Nature, so his Majesty will then be sparing; except it be, when he shall find it fit in his great Judgment and Consideration.

15. Iron Ordnance.

To the sixteenth, concerning those Grievances which his Majesty's Subjects have suffered, in the Execution of a Commission granted to certain Persons, for getting Salt-petre; his Majesty granted no other Commission than such as was drawn by his learned Counsel, and more restrained than the former in the late Queen's Time. Wherein as his Majesty had never an Intention to make any Application of his Prerogative, further than may stand with the lawful and necessary Use thereof; so his Majesty was never minded to shew himself so improvident, as to suffer his Crown and People to depend upon the Uncertainty of foreign Supply for Powder, which is made of the Salt-petre within this Realm, the Provision and Proportion whereof doth so highly concern the Defence and Safety of the same: Nevertheless, because there never was any thing, in like Cases, so well devised and perfected by the Wisdom and Providence of Man, which hath not been, in Time, by inferior Ministers, Deputies, and Servants, corrupted, and diverted from the true and original Institution (as hath appeared in this Particular; wherein divers Injuries and Grievances have been offered by some of the meanest Persons used therein, not only repugnant to the Authority of the Commission, rightly examined, but merely contrary to his Majesty's Meaning, who is sensible of all the Griefs of his Subjects, when they are grounded upon any just Cause, although in divers things those Complaints have wanted Proof) his Majesty, upon Consideration of the Matter contained in this Complaint concerning that Particular, and in regard of the reverent Form which hath been used in presenting all your Petitions,

16. Salt-petre.

hath been pleased, out of his gracious Care and Goodness, to revoke and adnull all Commissions or Grants made to any Person or Persons for and concerning digging and working for Salt-petre; intending to consider of some such Course hereafter, as the same may be made without any just Cause of Complaint. The Necessity whereof appearing so clearly to all his Subjects as it doth, he assures himself that he shall find a chearful Conformity in his People to all those reasonable Courses, which shall be devised for Provision of that which is one of the principal Materials wherewith this State must be able to defend itself against all Hostility or Practice, abroad or at home; much more in his well-affected Subjects of that House, in whose Discretions and Duties he reposeth so much Confidence, as he would rather expect from them some new Offers for the Making of Laws, or Strengthening of old, if need were, than any way to go about to weaken his Majesty's just and lawful Prerogative in such Things, which are inseparable from him, who is answerable to Almighty God for the Preservation of that State and People over whom he hath made him the sole and supreme Governor.