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
AN Act for the Settlement, by Fitzwilliam Coningsbly Esquire of Two hun
Counsel in the Lords.
Mr. Palmer, Mr. Maynard, have leave to be of Counsel before the Lords, in a Cause depending before the Lords, between the Earl of Castlehaven and the Lord Cottington.
Ordered, That the Committee for the Bill for the Protections to sit this Afternoon, at Two post meridiem, in the Court of Wards.
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.
Mr. Glyn reports the Case of the Vintners concerning the Imposition of Forty Shillings per Tun upon Wine.
December 1663,-a Decree made in the Star-chamber, to restrain Vintners to dress Victual.
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.
To make up this, a Proposition was made, that, if they would pay Forty Shillings per Ton, they should be freed from that Danger.
-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.
Whereas the whole Six thousand Pounds should have been entirely paid out to the Vintners respectively; they deducted, in the Paying of them, Eight Shillings per Pound.
The King received 19,000 l. the Subject paid above 170,000 l.
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.
Upon the whole Matter of this Report; it was
Resolved, upon the Question,
1. That the Patent for the Payment of Forty Shillings per Tun on Wines, by the Merchants, is illegal in the Creation, and a Grievance:
2. That the Imposition of a Penny on a Quart, on French Wines, and Two-pence on a Quart, on Spanish Wines, is a Grievance:
3. That the Patent of the Imposition of Forty Shillings per Tun, is a Grievance is the Execution:
4. That Alderman Abell and Mr. Richard Kilvert are the principal Projectors, both in the Creation and Execution of this illegal Imposition of Forty Shillings per Tun.
Resolved, &c. That there shall be a Bill prepared, declaring the Offences of Alderman Abell and Richard Kilvert; to the end they may be made exemplary.
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.
Dr. Turner is added to the Committee for Vintners: And it is referred to that Committee, to consider of the Compounding of Wines, and mingling it with Whey, Cyder, or other Ingredients.
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.
And it is Ordered, That this Order be forthwith sent to the Master and Wardens of the Company of Vintners, that it may be accordingly published in their Hall.
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.
Ordered, That Mr. Glyn prepare a Bill against Alder man Abell and Mr. Kilvert, according to the Votes of the House; and present it to the House.
Ordered, That the Committee for Salt, Soap, and Leather, meet To-morrow post Meridiem, in the Exchequercourt: And all, that will come, are to have Voices at that Committee.
Archbp. of Canterbury.
Ordered, That the Archbishop of Canterbury's Committee do meet To-morrow at Two post Meridiem, in the Treasury-chamber.
Mr. Martin, Mr. Prideaux, Mr. Rowse, Sir Wm. Massam, are added to that Committee.
Ordered, That the Committee for lessening Committees do meet; and make Report.
Farmers of Customs.
The humble Petition of his Majesty's late Farmers of several Customs, Subsidies, and Imposts; to take them off from Crime or Delinquency to the Commonwealth; was read.
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.
Resolved, upon the Question, That this House doth agree, that an Act of Oblivion shall pass, according to the several Limitations made in the Report.
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.
A Message from the Lords, by Sir Edward Leech and Dr. Bennett;
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.
Answer returned, by the same Messengers; That this House will sit this Afternoon, as is desired.
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.
Ordered, That To-morrow Morning the House shall take Consideration of the Votes presented from the Committee, concerning the Customers.
Ways and Means.
Ordered, That the House, this Afternoon at Three of Clock to take into Consideration some Ways for Providing of Monies.
SIR John Wray, Sir John Curson, Sir Rich. Levison, Mr. Peard, Mr. Northcott, are added to the Committee for Recusants convict.
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.
Ordered, That the Committee for the Bill for Reformation of Abuses in Ecclesiastical Courts, do meet on Friday next at Two post Meridiem, in the Duchy-court.
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:
Resolved, upon the Question,
1. That the Imprisonment of Wm. Flower was illegal and unjust, in all Three; that is, Sir John Lambe, Sir Nathaniel Brent, and Dr. Wood; but principally, in Sir Jo. Lambe:
2. That Wm. Flower ought to have Reparations, for the Damages sustained by his unjust Imprisonment, against Sir John Lambe, Sir Nath. Brent, and Dr. Wood:
3. That the Bond of One Hundred Pounds given by him for his Appearance, ought to be delivered up unto him.
Committee of both Houses.
Mr. Treasurer reports from the Committee-;
The Lords desire, that the Committees meet the Committee of the Lords, To-morrow at Four of Clock; and so every Afternoon, till further Order be given by either of the 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.
Ordered, That the House sit To-morrow post Meridiem, to read the Bill of Subsidies.
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.