Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Mercurii, 26 Maii, 1641.
1a vice lecta est Billa,AN Act for the Settlement, by Fitzwilliam Coningsby Esquire, of Two hundred Pounds per annum, upon an Hospital in the Suburbs of the City of Hereford, founded by Sir Thomas Coningsby; and for a new Settlement of the Estate of the
Counsel in the Lords.
The humble Petition of Captain Thomas Ogle was read; and, upon Question, committed; and referred to the Committee for Mr. Smart: And Mr. Strode, Mr. Northcott, Mr. Mathewes, Sir Rich. Buller, Sir John Wraye, Sir Philip Stapleton, Sir Wm. Widdrington, are added to this Committee: And are to meet this Afternoon, at Two post meridiem, in the Inner Court of Wards.
In Feb. 1634, they preferred a Petition to the Council-board, to be relieved of this Decree, and to have Liberty to dress Meat: And upon the Loan of Six thousand Pounds, they had Liberty to dress Meat till December following: But some of them dressed Meat, after that time of Licence was expired: And upon it, Stanley and Foster were cited into the Star-chamber.
-Quadrupartite Indenture, 11° Junii, between the King, and Twenty-eight Vintners named, the French Merchants, and the Spanish Merchants.-In the Indenture-many Covenants expressly against Law: A Covenant to enter into any Man's House; and they that should refuse, to be punished at Council-board.
Hookes Case;-who refused to take in the Wines, being laid at his Door by the Merchant,-brought his Action; Issue was joined,-had a Trial, and a Verdict at Guildhall. The Merchant petitions the Council-board: Which was referred to the Clerks of the Council: Who ordered Hookes to pay for the Wines; notwithstanding he had a Verdict.
Resolved, &c. That a select Committee be named, to examine, who were the Referrees, Advisers, Sharers, Complotters, and Contractors; and those, that have received any Bribe or Benefit, by this Patent; and who drew the Patent.
Resolved, &c. That the Proclamation, dated the Fifteenth of July, in the Fourteenth Year of the King, prohibiting the Wine-coopers to buy and sell Wine, is illegal, and against the Liberty of the Subject.
Resolved, &c. That the Decree, made in the Starchamber, December 1633, prohibiting retailing Vintners to dress Meat in their own Houses, to sell again to Guests, is illegal, and against the Liberty of the Subject.
Mr. Glyn, Mr. Cage, Lord Faulkland, Mr. Schowen, Mr. Moore, Mr. Perd, Mr. Strode, Sir Antho. Irby, Mr. Morley, Sir John Holland, Mr. Corbett, Sir Gilbert Gerrard, Mr. Waddon, Sir Edw. Hale, Sir Hen. Anderson, Sir Guy Palmes, Mr. Hampden, Mr. Ellis, Mr. Hill, Mr. Bell, Mr. Potter, Sir Philip Stapleton, Mr. Northcott, Sir Hugh Cholmley, Mr. Martin, Mr. Bagshawe, Sir Geo. Dalston, Mr. Rigby, Sir Dud. North, Sir Martin Lumley, Sir Rich. Buller, Mr. Mathewes, Sir Jo. Courson, Sir Edm. Verney, Sir Robert Pye, Mr. Reignolds, Mr. Pelham, Mr. Lower, Mr. Arthur Goodwin;
This Committee is to examine, who were the Referrees, Advisers, Sharers, Complotters, and Contractors; and those that have received any Benefit, or Bribe, by the Patent for the Payment of Forty Shillings per Tun, on Wines; and who drew the said Patent: And have Power to send for Parties, Witnesses, Papers, Records, or any thing else, that may conduce to this Business: And are to meet on Saturday next at Two post Meridiem, in the Exchequer-court.
Cessation of Arms with Scotland.
Ordered, That the Committee of Fifty-two shall have Power to propose unto the Lords, the Continuance of a Cessation of Arms for a Fortnight longer, if the Treaty shall so long continue: And that they shall have Power to present unto the Lords the Votes of the House, upon the Articles of the Treaty, for the better Expediting of them.
Resolved, upon the Question, That the Penny upon a Quart, imposed upon French Wines, and Two-pence a Quart, imposed upon Spanish Wines, ought to be no longer paid by the Subject, nor demanded by the Vintner.
Mr. Valentine, Mr. Glyn, Mr. Whitlocke, Mr. Perd, are to go to the Lord Keeper; and acquaint him with the Vote of the House, concerning the Penny a Quart; and Two-pence a Quart; and to desire, that those Prices may be taken off; and that Prices may be set upon Wines in a legal Way.
Archbp. of Canterbury.
Farmers of Customs.
It was Declared, as the Sense of the House, (no Man contradicting it) That no Man shall be barred, or hindered in his Course, that has a Judgment, a Verdict, a Suit, depending in any Court of Justice; or a Petition depending in this House; or have their Goods detained; or have been forced to pay Subsidies, or Customs.
Moved, That, in the Act of Oblivion, Commissioners might be named, and authorized by the Act, to end and determine the particular Demands, concerning those that are to be contributory; and the Parties, that compound with this House, to be obliged to stand to the Arbitrement of those Commissioners.
Ordered, That the Customers do forthwith present the Names of such as they desire shall be contributory to this One hundred and Fifty thousand Pounds: And that such as will come in, shall have the Benefit of the Act of Oblivion; such as will not voluntarily come in, shall have no Benefit of that Act; but the House will proceed against them, as they in Justice shall find Cause: And out of their Fines, Satisfaction shall be made to those that compound, according to the Proportion of their Shares of Gains.
Resolved, upon the Question, That the One hundred and Fifty thousand Pounds shall be accepted of these Petitioners, in Satisfaction of their Delinquency to the Commonwealth; to be paid at the Times expressed in the Petition.
Tonage and Poundage.
Resolved, &c. That a Bill shall be drawn, and presented to the House To-morrow Morning, for granting the Tonage and Poundage; with a Blank for the Time: And Mr. Solicitor is ordered to bring in this Bill.
House to sit.
The Lords intend to sit this Afternoon at Four of Clock, upon some important Businesses, that concern the Kingdom; and desire that this House would do the like, if it may stand with the Conveniency of this House.
Grant to Scotland.
Ordered, That the Committee of Fifty-two shall have Power to propose unto the Committee of the Lords the Addition of Eighty thousand Pounds to the former proposition of One hundred and twenty thousand Pounds, if they shall see Cause; the which Eighty thousand Pounds the House does intend shall go as part of the Three hundred thousand Pounds, for the brotherly Assistance: And the Committee is likewise to put the Lords Commissioners in mind of the Scotts last Paper, concerning the Satisfying of the Counties Arrears out of these Monies.
Ways and Means.
Sir John Wray, Mr. Northcott, Mr. Sutton, Mr. Rolle, Mr. Kirton, are added to the Committee for Sir John Brooke's Petition: And they are to meet at Two post Meridiem, in the Court of Wards, on Saturday next.
Tendering Oaths to Digby, &c.
Ordered, That Mr. Whitaker, Sir John Francklyn, Sir Gilbert Gerrard, Sir Robert Pye, Sir Arthur Ingram, and Mr. Glyn, shall have Power to call before them Sir Kenelme Digby, Dr. Fryer, and Sir John Wyntour; and offer them the Oaths of Allegiance and Supremacy: And, if they shall refuse to take them, to give Order, that they be proceeded against according to Law.
Ordered, That the Committee for the Bill for Protections prepare a Bill, for the Fining of such Recusants as have stayed in Town, contrary to the Proclamation issued forth, and grounded upon an Ordinance of Parliament.
Commissions of the Peace.
Ordered, That the Lord Keeper be moved, by Mr. Whitaker, to put Sir Gilbert Gerrard into the Commission of Peace for the County of Middlesex: And to grant forth a Commission unto Sir Gilbert Gerrard, Sir Ro. Pye, Sir Arthur Ingram, Sir Jo. Francklyn, Mr. Glynn, and Mr. Whittaker, to enable them, or any Two of them, to tender the Oath of Supremacy to all Recusants.
Ordered, That the Committee appointed to treat with such Persons as they shall think fit, for the Loan of Money, shall meet To-morrow at Seven of Clock, in the Treasury-chamber; to consider what Monies are due to the Scotts, what Monies, to the English Army; and to consider, what the total Sum is, for the Discharge of those Arrears, and Disbanding of the Armies; and what Monies are promised, and ready to come in; and what will be further necessary: And to send for the Merchants Adventurers, and the Merchants Strangers; and to treat with them, for the Loan of so much Monies as they shall think necessary for those Occasions: And to consider, what the Damages will be of those Conditions, that they will undertake to lend Monies upon: And are to report the whole Matter to the House.
Proceedings concerning Flower.
Mr. Perd reports from the Committee for Courts of Justice, the Case of Wm. Flower, an Apprentice, who was sent for by a Messenger, by Sir John Lambe's Authority, for having in his Custody the Book, intituled, News from Ipswich; and was thence committed to the Compter, by Sir John Lambe, Dr. Brent, and Dr. Wood; and there continued for Nine Months, until he entered into Bond to appear at all such Times as Sir John Lambe should send for him:
Committee of both Houses.
Trade with Scotland.
Ordered, That these Gentlemen, that serve for the City, present the Names of Twelve able, understanding, Merchants, to the House, To-morrow Morning; to enable the House to consider of such as shall be fit to be Commissioners, to settle the Trade between the Two Kingdoms.
Treaty with Scotland.
Ordered, That the Committee of Fifty-two shall have Power to treat with the Committee of the Lords, concerning any Differences that may arise between the Votes of this House and the Votes of the Lords, upon any of he Articles of the Treaty.