Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 8 die Martii.
PRAYERS, by Mr. Greene.
Lords present this Day:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Upon reading the Petition of George Manley; shewing,
Mr. Manley's Petition.
"That his Father Sir Ric'd Manley agreed, upon his Marriage, to settle an Estate, and made an Assurance in Part of Performance; but afterwards, growing aged, was misled by a Second Wife to disinherit the Petitioner, and avoid his own Agreement, casually got the Deed, and canceled it, and contrived secret Estates to disable himself from performing his Agreement: For Relief wherein, the Petitioner Eliz. was an humble Suitor to this House, and a Bill in the Court of Chancery depends; which Cause, after many Attendances by the Petitioner with Counsel and Witnesses, the Lords Committees for Petitions thought fit to retain it for your Lordships own Judgement, and were pleased, 26 Jan. 1641, to Order, That all Proceedings at Law and in Chancery should rest till your Lordships gave further (fn. 1) Order; since which Time, the Petitioner's Witnesses are absent in several Parts, and, by reason of the Troubles of the Times, cannot suddenly be produced; and the said Sir Ric'd Manley (fn. 2) himself being a Delinquent, and committed by the Parliament for the same, hath procured one Thomas Manley to petition your Lordships to dismiss the Cause against Sir Richard Manley; though he be no Party to the former Proceedings, and so, if he have Right, cannot be prejudiced.
"Now, for that the Petitioner, relying upon your Lordships Order, did not formerly examine his Witnesses in Chancery, and cannot now produce them; and for that, if Thomas Manly have a Title at Law, it is pendente Lite, and claims under the Defendant Sir Ric'd Manley, and had Notice of the Suit and your Petitioner's Title and Trust, would thereby prevent your Lordships Justice; and in respect Sir Ric'd Manley is very obstinate, and a Delinquent, and committed; if Thomas Manley recover at Law, which he much endeavours, your Petitioner (fn. 3) is hopeless of any Remedy: Therefore the Petitioner's humble Suit is, that their Lordships would please to renew and confirm the former Order, to continue the Cause for your own Hearing."
Hereupon this House granted the Prayer of the Petition, as is desired.
Ordinance for Mr. Vynes to be Minister of St. Clementssent to the H. C.
The Ordinance was read, and approved of, for appointing Mr. Vynes to have the sole officiating the Cure of Clements Danes; and a Message was sent down to the House of Commons, by Sir Edward Leech and Dr. Aylett, to deliver the said Ordinance, and desire their Concurrence therein.
Ordinance for raising Money for the Four Counties under Sir William Waller.
Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance concerning the Four associated Counties, of (fn. 4) which Sir Wm. Waller is Serjeant Major.
And the House being resumed;
It was reported, "That the said Ordinance is fit to pass, with some Amendments:"
Which being read, it was Agreed to with the Alterations, and Ordered to be sent down to the House of Commons, to desire their Concurrence in the said Alterations.
An Inventory to be made of the Wardrobe at Windsor.
It was moved, "Whereas there is a Wardrobe at Windsor, in the Custody of Colonel Ven, That an Inventory may be taken of it, whereby they may not be embezzled:" It is Ordered, to the End that His Majesty's Goods in the Wardrobe at Winsor may not be embezzled nor taken away, that Colonel Ven and Will. Thomas, by the Book now in the Custody of Mr. Pindar, or his Servants in London, and such others as the said Colonel and Wm. Thomas shall think fit to call unto them for their Assistance and doing thereof, shall make a perfect Inventory thereof in Writing under their Hands, and return the same to both Houses of Parliament.
Ordered, To send to the House of Commons, to desire their Concurrence in this Order.
Covenant to be tendered to the Army.
Whereas, by Instructions for taking of the Covenant, a Letter is to be written from both Houses of Parliament, to desire the Lord General and the Lord Admiral &c. to tender the Covenant to the Officers in the Army: It is Ordered, To send to the House of Commons, to desire that they will send up a Letter ready drawn, and this House will be ready to join with them therein.
Message to the H. C. about it, and the Two preceding Articles.
A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Dr. Aylett:
To desire their Concurrence in the Alterations concerning raising Monies in the Four associated Counties of Kent, &c.
2. To desire their Concurrence in the Order for taking the Inventory of the King's Goods at Windsor.
3. To desire that they will think of drawing of a Letter, to be sent to the Lord General, from both Houses, to tender the Covenant to the Commanders in the Army.
Report upon the Petition of John Cooke.
This Day was reported, "That the Committee for Petitions, upon Consideration had of the Petition of John Cooke, in Presence of the Lord Bishop of Durham, it appearing to their Lordships that Tymothy Cooke, the Petitioner's Father, died the 9th of July 1636, seised of certain Lands in Red Marshall, in the County Palatine of Durham, of One Hundred and Twelve Pounds per Annum, held of the Lord Bishop in Knights Service, the Petitioner being then but of Nine Years of Age; his Mother and Friends, within Six Days after the Death of the said Father, desired to compound for the Wardship; but the Lord Bishop granted it to one Henry Blackeston, his Servant, in Marriage with his Niece, but reserved Power in himself to make such Provision for the Ward's Maintenance as was fitting; and did from Time to Time treat with the Petitioner's Mother and Friends about the compounding for the Wardship and allowing of Maintenance, as if the said Wardship, had not been granted to the said Blackeston: Nevertheless the Officer of the said Lord Bishop and the said Blackeston have ever since received all the Profits of the said Lands, which do amount to above the Sum of Four Hundred Pounds, but no Penny of Allowance hath been yet given for Maintenance or Education of the Ward out of the same, but he cast upon the Charity of his Friends.
"Whereupon their Lordships thought fit that Forty Pounds per Annum should be answered and paid to Thomas Gregson or his Assigns, during the Minority of the said John Cooke, for the Ward's Use, Halfyearly, at Michaelmas and The Annunciation, and the Arrears answered after that Rate ever since the Death of the said Tymothy Cooke; but, because Mr. Blackeston doth reside much beyond the Seas, and is an obstinate Recusant, as the said Lord Bishop himself confessed, and so unfitting to have the Custody of the Body or Lands of the Ward; their Lordships Order, That the said Arrear and growing Rent or Allowance of Forty Pounds per Annum be levied and received out of the Rents and Profits of the said Ward's Lands; and, after the same is fully satisfied, the said Lord Bishop, his Grantee and his Assigns, shall hold the Lands during the Minority, conditionally no Waste be committed, nor any Ground plowed up, more than now is in Tillage, nor any Spoil or Destruction made of the Premises, or any Part thereof.
Pembroke & Mont.