House of Lords Journal Volume 4: 13 January 1641

Die Mercurii, videlicet, 13 die Januarii.

PRAYERS.

Bogans Naturalization Bill.

The Lords Committees reported the Bill for the Naturalizing of Richard Bogans, Christopher Bogans, Ester Bogans, and Magdalen Bogans, as fit to pass, and Ordered to be ingrossed.

Harwood versus Hooker.

Witnesses sworn in the Cause depending before the Lords Committees for Imprisonments, etc. between Harwood and Hooker:

Harvie versus Pocklington.

Upon reading the Petition of John Harvie, of Cordington, in Comitatu Bedford, against Doctor Pocklington; it was Ordered, That the said Doctor Pocklington be speedily sent for, by the Serjeant attending this House; and the Cause is referred to the Consideration of the Committee for Petitions.

L. Pierpoint introduced.

Next, Henry Pierpoint, do Holme Pierpoint, Chr. was introduced, in his Robes; and having delivered his Writ (bearing Date 11 die Januarii 16° Caroli Regis), upon his Knee, to the Speaker, and it being delivered to the Clerk, it was openly read; afterwards he was brought, between the Lord Mowbray and the Lord Dacres, and placed by the Lord Great Chamberlain and the Earl Marshal, next above the Lord Brudnell.

E. Newport versus Faucet.

The House, after this, entered into a Consideration of the Complaint of the Earl of Newport against James Faucet; and the Depositions of several Witnesses delivered in Writing upon Oath were read; as,

First, The Deposition of Sir William Pennyman, That Faucet told him at Yorke, that he would bring all his Adversaries into the Parliament, for a Conspiracy; namely, the Earl of Newport, Captain Legg, and Mr. Davenant; and said, That he could prove that the Earl of Newport offered One Hundred Pounds to retract a Record from the File of the Star Chamber in his Cause.

Likewise Sir Ralph Freeman deposed, "That the said James Faucet told him at Yorke, that the Earl of Newport countenanced the Suit against him in the Star Chamber; and being demanded why he said so, he replied that Captain Legg told him so; and that my Lord of Newport asked Captain Legg, whether such Witnesses as had been sworn and examined on Faucett's Part, and had cleared him, might not be taken off the File. 5th January 1640."

Next William Wodenoth deposed, "That he did, about Hilary Term 1639, hear the said James Fawcett, in very opprobrious Manner, give out insolent and abusive Speeches against some Persons that he pretended to have Interest in a Suit against him in the Star Chamber; and peremptorily said they were all Knaves: Whereupon Mr. Wodenoth wished the said Faucet to be advised, and take Heed what he said, for that the Earl of Newport had some Interest in the said Suit, as Master of the Ordnance, and one to whose Trust and Charge the Horses belonging to the Draught thereof, and so wounded by the said Faucet, were principally committed. To which the said Fawcet replied, If my Lord of Newport have to do in this Suit, he is a Knave also."

Moreover Hugh Walley deposed, "That he heard the said Mr. Faucet say, that he had done the King better Service than either Mr. Davenant or my Lord of Newport; and they were base Fellows for prosecuting the Suit against him."

After these Depositions read (Faucet being at the Bar with his Counsel all the while), his Counsel was permitted to make his Defence; which was, that Mr. Faucet was ready to deny all these upon Oath; and that there was but a single Witness to prove he called the Earl of Newport a base Knave and Fellow. But their Lordships, commanding Faucet and his Counsel to withdraw, fell into Debate of the Business; and Ordered, and Adjudged, That the said Faucet do stand committed, and make an humble Submission here at the Bar, upon his Knee, to the Earl of Newport; and likewise at the Sessions at Yorke publicly; and that he shall pay to the Earl of Newport Five Hundred Pounds, for Damages.

The said Faucet being called in; the Speaker told him what the Lords had Ordered; and was committed to the Custody of the Warden of The Fleet.

Committee to wait on the King about the Judges Patents.

The Lords Committees were appointed this Afternoon to wait on His Majesty, to present the humble Desire of the House, That the Justices of the King's Bench and Common Pleas, the Four Barons of the Exchequer, and the Attorney of the Court of Wards and Liveries, may hold their Places by Patent quamdiu se bene gesserint, and not durante beneplacito.

Answer of Survey of Wood and Coal in London.

After this, the Lord Mayor, with the Recorder and Sheriffs of London, according to an Order of this House, brought a Certificate concerning Wood and Coal, which was read as follows:

In Obedience to an Order of the 9th of this present Month, we have made Survey of all such Coals and Wood, in and upon the Wharfs and other Places, within the City of London and the Liberties thereof; and do find the Quantities to be 2596 Chaldron of Coals, and 17958 Loads of Wood, being a very small Proportion of that which usually hath been.

That, to prevent and remedy the great and excessive Prices they now are at, we conceive this to be the best and speediest Course.

Methods to prevent the excessive Price of these Articles.

1. That a Freedom of Trade may be established, which of late hath been interrupted, by the new Corporation of Coal Merchants, and their Proceedings upon that Patent.

2. That the Masters of Ships trading for Coals may not be suffered to stay in Harwich Water, or in any other Harbour, when Wind and Weather doth not hinder them, as they usually do, and of late have, and at this present do, being one chief Cause of this extraordinary Dearth and Scarcity.

3. That some greater Preparation may be speedily made at Newcastle, for the digging and bringing of Coals to the Water-side, whereby the Ships may not stay, for Want of Loading, as now they pretend to do; the Ships that are here alledging there is no Coals digged to freight them at their Return.

The Prices the said Ships pay in Eleven Shillings for a Newcastle Chaldron, which usually is estimated to be One Chaldron and a Half, and better, of London Measure; and the Charge in loading them aboard, Twelve Pence a Chaldron, or thereabouts.

As concerning the great Prices of Wood, we conceive the undue buying of it by the Woodmongers before it comes to the Market, is one chief Cause; as also many others, not of their Trade, do likewise buy it in the Country, and sell it to them again, both forestalling the Markets; besides, the Scarcity of Coals makes Wood to be the dearer.

"All which, nevertheless, we humbly submit to the grave Wisdom of this Honourable Assembly."

Next was demanded of the Recorder, what Power the Lord Mayor of London hath for setting of Rates upon Wood and Coals: He answered, "That there have many Proclamations formerly been made, for the Lord Mayor to set Prices on Commodities; but he cannot say they can be done de jure."

Referred to the Committee of Trade.

Hereupon it was Ordered, That the whole Business concerning Wood and Sea Coals be referred to the Consideration of the Committee for Trade; and the Lord Mayor and Sheriffs of London are to inform themselves further, by the Masters of The Trinity House and others, concerning the Prices of Coals at Newcastle, and at the Ships; and likewise to inquire after the Names of the chief Wharfingers and Regrators that are the principal Combinators for raising of Coals to these excessive Rates, and deliver a Certificate hereof in Writing, to the Recorder of London, who is to attend the Lords Committees therewith, on Friday next.

O Rourk to go abroad under Custody.

Ordered, That Mr. Brian O Rourke have Liberty to go abroad, under Custody, and instruct his Counsel, so he return again every Night to The Tower.

Witness sworn in E. Strafford's Cause.

The Lord Wentworth was sworn in the Cause of the Earl of Strafford, and received from the Speaker an Injunction for Secrecy.

Lady Thornborough's Petition.

The Petition of the Lady Hellen Thorneborough was read; and Ordered to be referred to the Committee for Petitions.

A Message from the House of Commons, by Mr. Goodwin:

Message from the H. C. for a Conference touching the Charge against the L. Keeper.

That the Knights, Citizens, and Burgesses of the House of Commons, do desire a Conference, with a Committee of both Houses, touching the Maintenance of their Charge against the Lord Keeper, and also concerning the Liberties of the Subject, at such Time as their Lordships shall appoint.

Answer to the said Message:

Answer.

That their Lordships will give a Meeting To-morrow Morning, at Nine of the Clock, in the Painted Chamber.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 14^m diem instantis Januarii, hora nona, Dominis sic decernentibus.