Die Mercurii, 26 Maii, 1641.
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
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
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
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
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
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
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
Archbp. of Canterbury.
Ordered, That the Archbishop of Canterbury's Committee do meet To-morrow at Two post Meridiem, in the
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;
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
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
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
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.
3. That the Bond of One Hundred Pounds given by
him for his Appearance, ought to be delivered up unto
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
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.