Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 25 die Novembris.
PRAYERS, by Mr. Thoroughgood.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Mr. Cassinghurst's Ordinance.
The Ordinance for admitting and instituting Robert Cassinghurst to the Parsonage of Sundrich, in Kent, being in the Gift of the Archbishop of Canterbury, [ (fn. 1) was read,] and approved of; and Ordered to be sent to the House of Commons, for their Concurrence.
Wheeler and Balles.
Upon reading the Petition of Abraham Wheeler; shewing, "That about Five Years since (fn. 2) he preferred his Bill against Joseph Balles, in the Court of Requests, to be relieved in a Mortgage; and, upon full Hearing, there was a Decree made, that the Mortgage should be reconveyed to the Petitioner, and he to pay to the said Balles all Monies due upon the said Mortgage, with Interest and Charges; which Money (according to Order) was paid by the Petitioner into the said Court; but Balles hath ever since delayed to re-convey the Mortgage according to the Decree, but doth keep it still in his Hands, yet suffereth the Houses to go to Ruin; and the Petitioner can no Way enforce the Decree against him, because the Court of Requests sits not; the Money in the mean Time lying dead in Court, and the Petitioner losing the Profit both of it and his Mortgage: He humbly beseecheth, in respect his Monies have been long in Court, himself aged, and in Danger of Death by reason of his present Employment, that the said Balles may speedily be Ordered to re-convey the said Mortgage, and the Tenants to pay the Rents thereof to the Petitioner, according to the said Decree."
Hereupon this House Ordered, That a Copy of this Petition shall be sent to the said Balles, who is to return his Answer to this House within Fourteen Days, why he doth not obey the said Decree; and then this House will take this Business into further Consideration.
Countess of Sussex's Assessment.
Ordered, That this House doth assess the Countess of Sussex at Two Hundred Pounds, for her Twentieth and Fifth Part.
Rowley versus Serjeant Ayloff.
Upon reading the Petition of Francis Rowley Gentleman, Executor of John Rowley the Elder; shewing, "That Mr. Serjeant Ayloff was indebted to John Rowley in Thirty Pounds, Principal Debt; and the Petitioner hath often, in a fair and submissive Manner, resorted to the said Serjeant Ayloff for the said Debt; but the said Serjeant hath for Five Years last past not only delayed and kept from the said Debt; but also lately he hath shewed his Parliament Writ, whereby the Petitioner conceiveth he may not attempt any legal Course against him, without Offence or Contempt to this House; therefore the Petitioner prayeth the Leave and Favour of this Honourable House, that he may take the Benefit of legal Proceedings against the said Serjeant, without incurring any Contempt or Offence in that Behalf."
Hereupon this House Ordered, That Mr. Serjeant Ayloff shall have a Copy of this Petition, and return his Answer to this House; and then their Lordships will take the same into further Consideration.
Message to the H. C. with Mr. Cassinghurst's Ordinance.
A Message was sent to the House of Commons, by by Sir Rob't Rich and Mr. Page:
To desire their Concurrence in the Ordinance for nominating and instituting Mr. Cassinghurst to the Parsonage of Sundrich, in Kent, he being a Chaplain of the Earl of Mulgrave.
Ordinance for the Attainder of the Archbishop of Cant.
Next, the House was adjourned into a Committee of the whole House, to debate and consider of the Ordinance for Attainder of Wm. Laude Archbishop of Canterbury.
And the House being resumed;
And these Lords following were appointed as Committees, to consider what Alterations are fit to be made therein, and report the same to this House:
L. Viscount Say & Seale.
Any Five, to meet at Four of the Clock this Afternoon, in the Lord Keeper's Lodgings; and Mr. Baron Trevor, and Mr. Justice Reeves, and Mr. Serjeant Whitfield, to be assistant.