Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 15 die Februarii.
PRAYERS, by Mr. Gower.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
Message to the H. C. with the Order about the E. of Bath, and Terringham's, &c. Ordinance.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
To desire their Concurrence in the Order made concerning the Earl of Baith; and to deliver to them the Ordinance concerning Edward Terringham, &c. and to desire their Concurrence therein.
Mrs. Stapleton's Cause, versus Sir M. Bointon.
Upon reading the Petition of Mrs. Mary Stapilton; shewing, "That, in May, 1645, she did prefer a Petition to this House, to be relieved against a Decree in the Court of Wards, in a Cause wherein Sir Mathew Bointon and his Wife were Plaintiffs against the Petitioners: That, upon a Petition lately preferred by Sir Mathew Bointon, this House Ordered, the 23th of January last, That the Cause shall be heard the 16th of February Instant.
"And the Petitioner, not being willing to become further troublesome to this House, prays her Petition may be dismissed."
It is Ordered, That the Lord Viscount Say & Seale and Sir Mathew Bointon shall see the Petition, and made acquainted that they need not bring their Counsel Tomorrow; and Mrs. Stapilton is desired not to go out of Town.
Message from the H. C. with an Ordinance;
A Message was brought from the House of Commons, by Sir Rob't Pye Knight; who brought up the Ordinance formerly sent down to them, for the Library at Lambeth to be given to the University of Cambridge; to which they have agreed, with an Alteration, wherein they desire their Lordships Concurrence.
(Here enter it.)
2. To desire Concurrence in an Order for paying Three Thousand Pounds to Mr. Robert Meldrum, out of Mr. George Mynne's Money at Haberdashers Hall.
Read, and Agreed to.
The Answer returned was:
That this House agrees to all this Message now brought up.
Treasurers for the Scots Money, give an Account of that Business.
This Day Mr. Alderman Gibbs and Mr. Noell gave the House a Public Account of their Negociation that they were employed in by the Two Houses, in being Treasurers for the receiving the Two Hundred Thousand Pounds, raised upon the Bishops Lands, for to be paid to the Kingdom of Scotland; which accordingly they have done, according to their Instructions; and desired such further Discharge for the Performance of it as this House shall think fit.
Thanks of the House given them.
Upon this, the House (by the Speaker) did let them know, "That this House looks upon them as Persons that have discharged this Business of so great Trust with much Care and Fidelity, for which they have Thanks given them; and that this House will be ready to give them such farther Discharge, for their Satisfaction, as shall be desired."
Col. Barton's Ordinance.
Colonel Barton's Ordinance was read, and Agreed to.
(Here enter it.)
Trioche, a Pass.
Ordered, That Daniell Trioche shall have a Pass, to go to the Countess of Derby.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
1. That they agree that Tobias Peaker shall be brought before the Committee of Lords.
2. That they agree to the Sheriffs of Cumberland and Bedfordshire. (Here enter it.)
3. They agree that Mr. George Wincaham shall be added to the Assembly.
4. They agree to Mr. Cecill's Ordinance. (Here enter it.)
Ordered, That the Committee shall meet to examine Tobias Peaker To-morrow Morning, at Nine of the Clock, at which Time Peaker is to be brought.
Walter & Uxor.
Resolved, upon the Question, That this House will go on to hear the Cause further between Mr. Walter and Mrs. Walter, according to the Order of this House.
The Counsel and Parties on both Sides were called in, to hear the Cause between Mr. Walter and his Wife.
And the Counsel of Mr. Walter was only heard now.
It is Ordered, That the Counsel of Mrs. Walter shall be heard To-morrow Morning, at Ten of the Clock, in Answer to what Evidence was given in this Day by the Witnesses.
Ordinance to grant Archbishop Bancroft's Books to Cambridge University.
"Whereas Richard Bancroft, Archbishop of Canterbury, did, by his last Will and Testament, bearing Date the 28th Day of October, in the Year of our Lord 1610, give and bequeath all the Books in his Study over the Cloisters in Lambeth House unto his Successors the Archbishops of Canterbury successively for ever, if his next Successor would yield to such Assurances as should be devised by such Learned Counsel as his Supervisor and Executor should make Choice of, for the Continuance of all the said Books unto the said Archbishops successively; otherwise he bequeathed them all to His Majesty's College to be erected at Chelsey, if it were erected within Six Years; or otherwise he gave them all to the Public Library of the University of Cambridge: And whereas, by Authority of Parliament, the Jurisdiction, Power, and Authority of Archbishops and Bishops are totally abolished and taken away, and their Houses, Lands, and Possessions, to be disposed of as the Lords and Commons in Parliament assembled shall think fit and appoint; and for that no such College at Chelsey hath been erected: Be it therefore hereby Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, That all the said Books belonging to the said Richard Bancroft Archbishop of Canterbury, bequeathed as aforesaid, shall be, and are hereby, given, granted, and confirmed, to the Chancellor, Masters, and Scholars, of the University of Cambridge, and their Successors for ever, to remain in the Public Library of the University of Cambridge, for Public Use, according to the true Intent and Meaning of the Testator, expressed in the said last Will and Testament.
Order for 3000 l. to Meldrum.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Thousand Pounds be forthwith paid unto Robert Meldrum Esquire, Nephew and Executor to Sir John Meldrum Knight (who died in the Service of the Parliament), out of the Fine and Composition of Mr. George Myn, by the Committee at Habberdashers Hall; and that all former Orders for Payment of any Part of the said Sum be revoked and made void; and that the Payment of the said Three Thousand Pounds unto the said Robert Meldrum shall be a full Discharge of all Arrears of Pay and Demands whatsoever due to the said Sir John Meldrum, for his Entertainment in the Service of the Parliament, and for Recompence of his Services; and that the Acquittance of the said Robert Meldrum shall be a good Discharge to the Committee at Habberdashers Hall and the Treasurers there, for the Payment of the said Sum accordingly."
Ordinance for Col. Barton's Arrears, and to re-pay Money lent by him to the State.
"Whereas the Sum of Three Thousand One Hundred Forty-three Pounds, Eleven Shillings, and Ten Pence, is due unto Colonel William Barton, for Money lent by him to the Service of the Parliament, upon the Credit of an Ordinance enabling Sir Thomas Middleton to take Subscriptions, for the raising of Forces, for reducing the Six Counties of North Wales, and for Prevention of the Access of Irish Forces into those Parts, together with Interest for the same comprized, until the First of January, 1646; and whereas the Sum of One Thousand Five Hundred Twenty-four Pounds, Eighteen Shillings, appears to be due to the said Colonel William Barton, for his Pay in the Service of the Parliament, as the same is audited by the Committee for taking of the Accompts of the Kingdom, whereof Five Hundred Ninety-six Pounds, Fourteen Shillings, is to be respited upon the Public Faith; the which being deducted, leaves the Debt due and presently payable unto Colonel William Barton at the Sum of Four Thousand Seventy-one Pounds, Fifteen Shillings, Ten Pence: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Sum of Four Thousand Seventy-one Pounds, Fifteen Shillings, Ten Pence, be paid unto the said Colonel Wm. Barton, by the Committee at Gouldsmiths Hall, out of the Fines and Compositions of Sir Piercy Herbert Knight, Sir John Owen, Roger Mostin Esquire, or out of the Fines of such other Delinquents of the Six Counties of North Wales as the said Colonel Will'm Barton shall nominate to the Committee at Gouldsmiths Hall, whose Fines are not particularly assigned; and that, for the Re-payment of the Sum of Five Hundred Ninety-six Pounds, Fourteen Shillings, respited upon the Public Faith, he shall have, and hereby hath, the Public Faith of the Kingdom; and that the Acquittance of the said Colonel William Barton shall be a sufficient Warrant and Discharge to the Committee at Gouldsmiths Hall, and the Treasurers there, for the Payment of the said Sum of Four Thousand Seventy-one Pounds, Fifteen, Ten Pence, accordingly.
Order for 90 l. per Ann. to Cecill, as Keeper of the Lodge at Theobalds.
"Ordered, by the Lords and Commons assembled in Parliament, That Robert Cicell Esquire, a Member of the House of Commons, shall have and hold the Pension of Fourscore and Ten Pounds per Annum, formerly granted to, received and enjoyed by, Sir Patrick Murray Knight, deceased, by reason of the said Sir Patrick Murraye's holding the Custody and Keeping of the Lodge in Theobald's Parke, in the County of Hertford; and that a Grant accordingly do pass under the Great Seal of (fn. 1) England."
Tolson to be Sheriff of Cumb.
"Ordered, by the Lords and Commons assembled in Parliament, That Henry Tolsen Esquire be Sheriff of the County of Cumberland; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County accordingly."
and Nodes of Hertf.
"Ordered, by the Lords and Commons assembled in Parliament, That Charles Nodes Esquire be Sheriff of the County of Hert.; and that the Commissioners for the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."