House of Lords Journal Volume 5: 20 January 1643

DIE Veneris, 20 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Sir Ralph Freeman, a Pass to Oxford.

Ordered, That Sir Ralph Freeman, One of the Masters of the Court of Request, shall have a Pass, to go to Oxford, to give his Attendance there the next Month, being his Waiting Month.

Hawkins released.

Ordered, That John Hawkins, committed to The Fleete for disobeying an Order of the Deputy Lieutenants of Midd. grounded upon an Order of this House, forbidding Shooting, shall be released; he, upon his Petition, being heartily sorry for the Offence, and promising never hereafter to commit the same.

Order for Stay of the Destruction of Wood in Windsor Forest.

Upon Complaint made to this House, "That divers Persons have cut down and destroyed His Majesty's Woods, in the Forest of Winsor;" it is Ordered, That a Letter be written from this House, to the Lord General, to desire him to send some Troops, to attach the Bodies of the Persons following, and to bring them before the Lords in Parliament, to be proceeded against according to their Offences:

Delinquents sent for.

Bp. of Winton's Woods, in the Manor of Waltham, not to be destroyed.

Upon Complaint made to this House, "That great Destruction of Woods belonging to the Bishop of Winton, in the Manor of Waltham, in the County of South'ton, contrary to an Order of this House, dated the 3d of December, 1641:" Hereupon this House Ordered, That Wm. Woodman, Henry Collins, Henry Prowting, John Goldfinch, and John Honyman, principal Actors in this Business, shall be attached, and brought before the Lords in Parliament, to be (fn. 1) proceeded in according to their Offences.

The King's Woods in West Deerham not to be destroyed.

Upon Information to this House, "That great Destructions are made, by destroying and cutting down the King's Woods, in the Manor of West Deereham, in the County of Norff." It is Ordered, That an Order be sent to the Two next Justices of the Peace, to take Care to prevent the said Disorders of cutting down the said Woods.

Message from the H. C. about the Propositions to the King;

A Message was brought from the House of Commons, by Sir Wm. Waller, Knight:

1. To let their Lordships know, that they have appointed a proportionable Number of the House of Commons, to met with a Committee of this House, to review the Eighth Proposition.

Agreed, To meet at Two of the Clock post meridiem.

to fit P. M.

2. To desire their Lordships would please to sit this Afternoon, concerning Business of Importance.

Agreed, To sit at 3^a this Afternoon.

and with an Order for Concurrence.

3. To desire their Lordships Concurrence in an Order concerning Ten Thousand Pounds to be paid to Sir Gilbert Gherrard. (Here enter.)

Agreed to.

The Answer returned was:

Answer to the H. C.

That this House hath Ordered the Committee to meet this Afternoon, at Two of the Clock, in the Painted Chamber; and this House intends to sit at 3 post meridiem; and that their Lordships do agree with the House of Commons in this Order now brought up.

Sir Thomas Dawes's Bill.

Hodie 2^a vice lecta est Billa, An Act for the better Payment of several Sums of Money therein specified, by and out of the Estate of Sir Thomas Dawes Knight, and John Dawes Gentleman, Two of the Sons of Sir Abraham Dawes Knight, deceased;

Ordered, To be committed to these Lords following: videlicet,

All the Judges in Town to attend.

Their Lordships, or any Three of them, to meet on Tuesday Morning next, at Nine of the Clock, in the Painted Chamber.

Upon the Petition of Sir Tho. Dawes; it is Ordered, That he shall have Liberty to go abroad freely and quietly, without Arrests, when the Committee meet concerning this Bill, and to bring his Counsel with him.

Sir Nathanael Brent, and Flower.

Upon reading of the Petition of Sir Nath. Brent; desiring, "That the Cause depending in the Court of Common Pleas, between (fn. 2) him and others, at the Suit of one Flower, may be stayed from further Proceedings, until the Committee of this House shall hear the Business:" Hereupon it is Ordered, That this House will retain the said Cause, and determine it in this House; and the Committee shall meet, and hear the Cause, on Tuesday come Sevennight.

Petition of the Vintners, for settling the Retail Prices of Wines.

Upon reading the Petition of the Master and Wardens of the Company of Vintners; shewing, "That the Lords and other Personages, which heretofore have usually set the Prices of Wines, being all absent, or not in being; and your Petitioners being very sensible of giving any Offence to the Commonwealth, or to sell any Wines by Retail at any higher Rates than shall be thought moderate; their humble Suit is, That their Lordships will be pleased to set such moderate Prices, for the retailing Vintners to sell by for the Year ensuing, as may stand with the Good of the Commonwealth."

Hereupon this House Ordered, That the Master and Wardens of the Company of Vintners shall, with their Counsel, attend the King's Counsel, who are to draw up a Bill for the Rating of Wines, and present the same to this House.

Mr. Hone, a Pass.

Ordered, That Mr. Hone shall have a Pass, quietly to go to his own House in the Country.

Message from the H. C. for Expedition to the Bill against scandalous Ministers.

A Message was brought from the House of Commons, by Mr. Wm. Strode:

To desire their Lordships, that whereas (fn. 3) their Lordships have desired in the Propositions, that His Majesty would be pleased to pass His Royal Assent to a Bill against scandalous Ministers, they desire that their Lordships would please to give Expedition to the said Bill, that it may be presented with the Propositions to the King.

Ordered, That this House take the Two Bills, for Six Members, and the Bill concerning the Assembly, into Consideration this Afternoon; and the Committee for the Bill against scandalous Ministers to meet this Afternoon, and consider of it.

The Answer returned was:

Answer.

That this House will give Expedition to the said Bill.

Chancellor of the Dutchy not permitted to go to Oxford.

The (fn. 2) House being this Day moved, "That the King's Proclamation, commanding the Court of the Dutchy of Lancaster, and other Courts, to (fn. 2) be kept at Oxford this Term, and the Judges and Officers to attend accordingly; the Chancellor of the Dutchy, being to give his Attendance upon that Court by virtue of the said Proclamation, desired to know the Pleasure of the House, whether he should go, and whether this House would dispense with his Absence (being an Assistant):" And this House, taking the same into Consideration, and the great important Affairs now in Agitation, Ordered and Commanded the said Chancellor of the Dutchy to give his Attendance and Service upon this House, according to his Writ. Upon this, the said Chancellor of the Dutchy desired Leave to go to Oxford, upon his own particular Business; but this House denied the Motion, and commanded his Stay and Attendance upon this House.

Justice Bacon not to go to Oxford.

Also Mr. Justice Bacon informed this House, "That he had received a Second Letter, to attend His Majesty at Oxford;" but, in regard there was no Judge but he to sit in the King's Bench this Term (besides those that are committed), the House commanded him not to go to Oxford, but to attend this House, and the great Affairs of the Kingdom, according to his Writ. And it was further Ordered, That a Letter be written to Oxford, to set forth the Reasons why the Judges and Officers of the Courts that are to be adjourned to Oxford are commanded to stay.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker this Afternoon.

Bill for clearing L. Kymbolton (now Earl of Manchester), and the Five Members of the H. C.

The House was adjourned during Pleasure, and the (fn. 4) Committee took into Consideration the Bill for clearing of the Six Members accused by Mr. Attorney General.

The Bill was read.

The House (fn. 5) was resumed.

And the said Bill was reported as fit to pass as it is.

Hodie 3^a vice lecta est Billa, An Act for the clearing of the Lord Kymbolton, now Earl of Manchester, One of the Members of the House of Peers in Parliament, Denzell Holles Esquire, Sir Arthur Haselrigg Baronet, John Pym, John Hampden, and Wm. Strode, Esquires, Members of the House of Commons assembled in Parliament, from certain Articles exhibited against them by Sir Edward Herbert Knight, His Majesty's Attorney General, into the said House of Peers, purporting an Accusation of High Treason; and for the vindicating of the Privileges of Parliament from the evil Consequences thereof in Time to come.

And, it being put to the Question, it was Resolved, To pass as a Law, nemine contradicente.

Bill for a Synod to settle the Doctrines of the Church.

Then the House was adjourned during Pleasure, to debate the Bill for the Assembly of Learned and Godly Divines.

The House being resumed;

It (fn. 5) was reported, "That the Committee thinks fit that this Bill is fit to pass, with the adding of the Word ["now Bishop of Bristoll"]."

Hodie 3^a vice lecta est Billa, An Act for the calling of an Assembly of Learned and Godly Divines, to be consulted with by the Parliament, for the settling of the Government and Liturgy of the Church; and for the vindicating and clearing of the Doctrine of the Church of England from false Aspersions and Interpretations.

And, it being put to the Question;

It was Resolved, To pass as a Law, with the aforesaid Amendment.

10,000l. to Sir Gilbert Gherrard.

"It is this Day Ordered, by the Lords and Commons in Parliament, That Sir Henry Vane Junior, Treasurer of the Navy, do forthwith pay unto Sir Gilbert Gherrard, Treasurer of the Wars, the Sum of Ten Thousand Pounds, out of the Twenty Thousand Pounds to be paid unto the said Sir Henry Vane, from the new Commissioners of the Customs; and the Receipt of the said Sir Gilbert Gherrard, together with this Order, shall be a sufficient Discharge upon Accompt to the said Sir Henry Vane: And it is further Ordered, That the Treasurers of the Subscriptions and Propositions in Guildhall, London, do pay, out of the First Monies coming into their Hands, the Sum of Ten Thousand Pounds, unto Sir Gilbert Gherrard Knight, Treasurer of the Wars, who is hereby Ordered, forthwith upon the Receipt thereof, to pay the same to Sir Henry Vane Junior, Treasurer of the Navy, in Lieu of the said Sum formerly paid by him out of the Twenty Thousand Pounds received from the new Commissioners of the Customs; and the Receipt of the said Sir Henry Vane, with this Order, shall be the sufficient Discharge unto the said Sir Gilbert Gherrard, upon Accompt: And it is further Ordered, That Sir Gilbert Gherrard make no other Disbursements, till this Sum of Ten Thousand Pounds be first satisfied, unless it be such Sums as are now assigned to be returned together with this Sum to my Lord General."

(This Order is to be entered as passed in the Morning.)