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 Veneris, 23 die Julii.
Ds. La Warr.
Judges Leave to be absent.
Ordered, That all the Judges shall have Leave to be absent from their Attendance on this House, to prepare themselves for their Circuits; and have Leave after the End of their Circuits till Michaelmas to be absent.
Evans and Lloyd sent for.
Ordinance concerning Durham.
Ordinance for due Payment of Tithes.
Ds. La Warr.
Message to the H. C. about removing the King's Children to Syon.
Message from the H. C. with Ordinances, &c. and to fit P. M.
2. An additional Instruction for the Commissioners (fn. 1) residing with the Army, to treat about easing the Kingdom in the Payment of the Forces.
Letter from the Commissioners with the King.
Assizes at Bedford not to be interrupted by the Army.
In regard the Head Quarter of the Army is to be kept at Bedford, where the (fn. 2) next Assizes for that County is to be kept: It is Ordered, That a Letter be written to Sir Thomas Fairefax, to take Order, that no Interruption be given to the Judges in the Execution of the Business at the Assizes, and that (fn. 3) they go and pass without any Interruption.
Letter from Gen. Skippon.
Langham & al. and Lymbrey & al.
Commissioners with the King, Leave to be absent by Turns.
"Ordered, by the Lords and in Parliament assembled, That the Commissioners who are appointed to attend His Majesty's Person may have Leave to follow their own Occasions, so as Three of them, whereof One to be a Peer, do take their Turns in that Service, as they shall agree amongst themselves."
Brown and Sir A. Littleton versus Morris, alias Poyntz.
Ordered, That, upon Monday Morning next, John Morris, alias Pointz, Mary his Wife, Leonard Darby, Isabell Smyth, and John Harris, or some of them, shall bring, or cause to be brought, into this House, on Monday Morning next, peremptorily, the Two Exemplifications formerly ordered them; in Default whereof, this House will proceed to Judgement against them.
E. of Manchester continued Speaker.
Ramsey sent for, for a Libel against the E. of Newport.
Col. Thornhaugh's Officers Petition.
Letter from the Commissioners with the King, than He is going to Wooburn House.
"His Majesty's Remove from hence was in Discourse Yesterday; but this Morning He hath fully resolved to go (towards Wooborne, a House of the Earl of Bedford's,) To-morrow, where He will be upon Friday, intending to take up His Quarters at Latimer's for that Night which He must lodge by the Way. Hereof I thought it my Duty to give you this Account; and of ourselves, that we are in the same Condition which our former Letters expressed; and remain
No Foreign Forces to be brought into the Kingdom.
"That they do declare, That there appears not unto them any Cause for calling, drawing, or inviting, any Forces into this Kingdom; and that they do not intend to call, invite, or draw, any Forces whatsoever into the same; and do declare, That such Person or Persons as shall endeavour to invite, draw, or call in, any Forces into this Kingdom, without the Authority of both Houses of Parliament, are Traitors, and shall suffer Punishment as Traitors to the Kingdom."
Ordinance for Fines, &c. for Non-payment of Excise, to be for Relief of Widows and maimed Soldiers.
"The Lords and Commons in Parliament assembled, being informed of the pressing Necessities of many poor Widows who have lost their Husbands in the Service of the Commonwealth, and many maimed Soldiers that have received their Wounds in the said Service: Towards Supply of whose Necessities, it is Ordered and Ordained, by the said Lords and Commons, That of all Fines and Forfeitures levied and raised, for Non-payment, or otherwise, touching the Excise, by virtue of any Ordinance or Ordinances of Parliament whatsoever, the One Moiety thereof shall be employed towards the Maintenance of Widows and maimed Soldiers, and the other Moiety to the Discove'rs, or such Person or Persons which shall give Information of any Abuse committed by any Person or Persons, contrary to the said Ordinances of Parliament touching the Excise, or any of them; and the Commissioners of Excise and new Impost are hereby authorized and required to pay the Moiety appointed for maimed Soldiers as aforesaid unto William Grcenhill, John Pocock, John Randall, and Richard Hutchinson, Treasurers appointed for that Purpose, or any Two of them, and the other Moiety to the Discove'rs or Persons that shall give Information of Abuse as aforesaid; and the Receipt of the respective Treasurers and Discove'rs shall be the Commissioners of Excise their sufficient Discharge, for Payment of the respective Moities for the Uses and Purposes aforesaid: And it is further Ordained, That this Ordinance shall be of Force from the 11th of June, 1645; and all the Profits arising upon Forfeiture in the Excise shall be disposed to the Uses aforementioned from that Time."
Order for 20 l. to Freeman, Woodhall, & al.
"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Pounds be paid, by the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall, unto Paule Freeman, Robert Woodhall, Richard Nunlin, Alice Freeman Widow, Margarett Fletcher Widow, poor People, that suffered great Losses by having their Houses burnt in the County of Yorke, to help them to bear their Charges in Return to their own Country."
Ordinance to clear Earnly of his Delinquency.
"Whereas Edward Earnely, of Ashlington, in the County of Wilts, Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Hundred Pounds, he having adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Edward Earneley, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said Edward Earnely, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Edward Earncley in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edward Earnely from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward Earnely shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Ramsay's Libel against the E. of Newport.
"Forasmuch as Charles Blount, commonly called the Earl of Newport, hath deceived me most unjustly and basely, by putting me off several Times from my Money; and for that, by his Failing with me, I am by his Means now a Prisoner in The Marshalsey's; and the forenamed Lord, being at present furnished with Money, is so far from relieving me in my Sufferings for him, as he makes a Jeer and a Scorn of my Misery.
Further Instructions to the Commissioners with the Army.
"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Commissioners with the Army, to treat and consider with the General and Commissioners of the Army; how the great Charge that the Kingdom is at, in the Pay of the Army, the Garrisons, and other Forces now put under the General's Command, may be lessened, and so disposed, that Ireland be speedily relieved; and that those Forces that go into Ireland, and the Army and Garrisons that shall be kept up here, be paid and provided for, out of the Sixty Thousand Pounds per Mensem Assessments; and they are to give an Account hereof from Time to Time to the Houses.
Ordinance for a Sixth Part of the additional Excise for maimed Soldiers, Widows, &c.
"Whereas, by an Ordinance of Parliament, dated the 8th of July, 1644, an additional Excise of some Commodities not formerly excised was to be levied upon the Commodities in the said Ordinance expressed, and by the said Ordinance appointed to be paid to several Uses; among which, the Sixth Part was appointed to be paid to Sir Gilbert Gerrard Baronet, then Treasurer at Wars, for Payment of Land Forces, by Ordinance of the 3d of August following, and since by Two other Ordinances, dated (fn. 4) the 10th of May, and the 11th of June, 1645; and the Receipt and Payment of the said Sixth Part (with others) was transferred to Wm. Greenhill and the rest of the Treasurers for the sick and maimed Soldiers and Widows, to be paid to the Uses abovesaid, to be issued out according to such Warrant and Direction as should from Time to Time be made by the Committee of the Army, or any Four of them, under their Hands, as by the aforesaid Ordinances of the 10th of May and the 11th of June, 1645, doth and may appear: It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the aforesaid One Sixth Part of the Receipt of the aforesaid additional Excise, from the last of September next, in the Year 1647, and so forward, which was formerly appointed for Payment of Land Forces, be issued and paid forth, by the Commissioners of Excise, to the Treasurers for maimed Soldiers, or any Two of them, for the Relief and Maintenance of the sick and maimed Soldiers, and Widows and fatherless Children of such as have been slain in the Service of the Parliament, notwithstanding the abovesaid former Ordinances; and that the Acquittance of the said Treasurers of the maimed Soldiers, or any Two of them, shall be a sufficient Discharge to the Commissioners of Excise, for the Payment thereof accordingly."
Order to prevent the E. of Arundel's Lands from being seized for Want of Licences of Alienation.
Whereas this House was this Day informed, "That the Sheriffs of the Counties of Norff. and Suff. and of several other Counties, had made Seizure of several Lands of the late Earl of Arundell and Surrey, for Want of Licences of Alienation, and his Bailiffs not accompting in the Exchequer, for several Fines, Issues, and Amerciaments, arising in several Liberties by the said Earl claimed and enjoyed from the Crown, howbeit His Majesty be indebted in a great Sum unto the said Earl, as was informed; the Inheritance of which Lands are to come unto the now Earl of Arundell, subject nevertheless to the Payment of his Father's Debts; for which Purpose, they were by him conveyed to several Persons of Honour and Worth, some Peers of this House, and others Members of the Honourable House of Commons:"
It is therefore Ordered, by the Lords assembled in Parliament, That the said Sheriffs, in their respective Counties shall forbear to levy the said Monies upon any the said Earl's Lands, without the Pleasure of this House further signified in that Behalf; it being an undoubted Privilege of the Peers of this Realm, That their Estates are to be freed from Seizure, during the Continuance of Parliament; and herein Obedience is to be yielded, as the contrary will be answered to this House.
Philips's Affidavit, that Evans and Lloyd disturbed Bowen, Minister of Llanderssell, in Service Time.
"Whereas Walter Bowen Clerk was duly inducted, by Mr. Doctor Aylett, by special Order from the Right Honourable the Lords assembled in Parliament, to be Parson of the Parish Church of Llanderssell, in Cardigansheir: Now Thomas Phillips maketh Oath, That one Thomas Evans and John Lloyd of The Vardrey did severally, upon Two Sundays, (videlicet,) the 9th and 16th Days of May last past, in the Church of Llanderssell aforesaid, publicly disturb, hinder, and forbid, the said Walter Bowen to preach and officiate there; and did likewise detain the Church Bible away from the said Walter Bowen.
Letter from Gen. Skippon, desiring Leave to resign his Command in Ireland.
"It is not unknown to you, by the Letter I presumed to send to your Lordship from Newcastle, how unwilling I was from the Beginning to engage myself Personally for the Service of Ireland, and what Reasons I gave therefor; as also what single Consideration moved me to accept thereof, (videlicet,) that it was alledged, That my going would carry a great Part of the Army, and my not going withhold them from going thither; and I must have been reputed the alone Obstructer and Prejudicer of that Service: Which then prevailing Consideration being since removed, I humbly crave Leave hereby to let your Lordship know, that, although I most thankfully acknowledge the Favour of this Right Honourable House therein towards me, yet my former Purposes and Desires to decline that Service, upon my forementioned Reasons (and divers others, which if required I should declare), are more earnest than ever; it being a Service (fn. 5) every Way so unfit for me, and for which I am so unfit: Therefore my most humble Suit to this Honourable House is, that I may be freed from that Service; being not only willing, but desirous, to lay down the same, and content rather submissively to suffer what it shall please the Parliament to impose upon me for my humble refusing thereof, than to go therein: And that it may plainly appear that I aim at no Self-advantage any other Way, I shall most readily lay down all my other Employments at the Parliament's Feet (if they so command), and betake myself either to a private Life upon my own poor Means in England, or, with the Parliament's Leave, seek an Abiding-place in some other Country beyond the Seas.
"Thus much I held myself bound to acquaint you with; which I beseech your Lordship seasonably to make known to this Right Honourable House, also my most humble and earnest Suit herein; which I desire as unfeignedly as I can do any Thing at the Hand of Man. Good Sir, be pleased so far to stand my Friend as to help what you can to take me off from that Service; it being the greatest Favour I have to importune your Lordship for, and whereby you shall more than I can express engage,
Brown, C'er. Parl. Sir A. Littleton, & al. versus Morris, alias Poyntz, & al.
Whereas, by an Order of the Fifteenth of July Instant, it was ordered, That John Morris, alias Poyntz, and Mary his Wife, Leonard Darby, John Harris, and Isabell Smith, or some of them, should peremptorily, upon the Twentieth of this Instant July, bring into this House the Exemplification under the Great Seal of England of an Act of Parliament, intituled, "An Act to make good a Conveyance of Little Munden, from Sir Peter Vanlore Knight, and Sir Charles Cæser Knight, unto Edmond Woodall Esquire, and his Heirs;" and also another Exemplification of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, North Okenden, South Okenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs; and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance;" which they, and every of them, have neglected to do, notwithstanding the said Order:
It is now Ordered, by the Lords in Parliament assembled, That the said John Morris, alias Poyntz, and Mary his Wife, Leonard Darby, John Harris, and Isabell Smith, or some or One of them, shall, without further Delay or Excuse, upon Monday Morning, the Six and Twentieth of this Instant July, produce, or cause to be produced, and brought into this House, the said Exemplifications, and either of them; or else this House will forthwith proceed to Judgement upon the whole Cause: And hereof the said Parties, and every of them, are to take Notice, and yield Obedience herein unto this House, as they will answer the contrary at their Perils.
Abbott to be instituted to Stansted Mount Fitchett;
Ordered, That Doctor Aylett, &c. shall give Institution and Induction unto Robert Abbott Master of Arts, to the Vicarage and Parish Church of Stansted Mount Fitchett, in the County of Essex, void by the Cession of Richard Ward Clerk, the last Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Tymothy Midleton Esquire, Patron.
Bound to Wickford;
Ordered, That Doctor shall give Institution and Induction unto Nicholas Bound Clerk, Master of Arts, to the Rectory and Parish Church of Wickford, in Com. Essex, void by the Death of Cornelius Grey, the last Incumbent; salvo Jure cujuscunque; taking the National Covenant; Present by Rob't Chester Esquire, Patron.
and Hunt to Warmincham.
Ordered, That Doctor Aylett shall give Institution and Induction unto Richard Hunt Batchelor in Divinity, to the Rectory of Warmincham, in the County of Chester, void by the Death of John Wrench Clerk, the late Incumbent; salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation thereunto under the Hand and Seal of Sir Clippesby Crew Knight, Patron.
Ordinance for due Payment of Tithes.
The Earl of Kent reported from the Committee (fn. 6) the Ordinance concerning the Payment of Tithes, with some Alterations; which, being read, was Agreed to, and Ordered to be sent to the House of Commons for their Concurrence.
Petition left at Ivy Bridge to be signed:
Master of a Hoy sent for about it.
Ordered, That the Gentleman Usher, or his Deputy, shall forthwith bring before the Lords in Parliament the Body of the Master of a Hoy, or close Lighter, lying and being at Ivy Bridge; and that the said Master of the Hoy do bring with him a Petition, that was lately left with him by some Persons that used the Name of the Lord Mayor; and likewise that he certify their Names that left the said Petition with him: And this shall be a sufficient Warrant.
Doctor Clarke to be Judge of the Admiralty.
The Ordinance for making Doctor Clarke Judge of the Court of Admiralty, was brought in; there being a Mistake in the former: Which was read, and Agreed to, and Ordered to be sent to the House of Commons for Concurrence.
Han. Terrent, a further Reprieve.
Upon reading a Certificate of the Justices of Peace: Since the Reprieve of Hannah Terrent, Wife of Ambrose Terrent, they have received such Satisfaction, from Witnesses of credible and good Note, that they are persuaded in their Consciences that the Evidence given to the Jury was malicious and false:"
Ly. Moore's Petition.
Letters from the Parliament of Scotland, &c. about the D. of Hamilton's Goods:
The Goods to be restored to him.
Message to the H. C. with the Ordinance for Payment of Tithes; and for Dr. Clark to be Judge of the Admiralty.
Langham and Lymbrey.
E. of Lincoln, Leave to be absent.
Message from the H. C. to sit a while.
Colonel Kempson Leave to carry disbanded Soldiers Abroad.
Upon reading the Petition of Colonel Kempston; desiring "Leave to transport himself beyond the Seas, and such Soldiers as are disbanded of the Four Regiments, and will voluntarily go with him:" Which was Ordered accordingly; and the Concurrence of the House of Commons to be desired therein.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Sir John Evelin; who brought up an Ordinance concerning the settling of the Militia of the City of London, wherein they desire their Lordships Concurrence.
Ordinance for settling the Militia of London:
Protest against it.
Answer to the H. C.
Answer from thence.
Letter from the Scots Commissioners, desiring the D. of Hamilton's Goods may be restored:
"Wee were comaunded, by the Parliament of Scotland, to deliver unto both Houses this Letter, concerning the Goods of James Duke of Hamilton; but, because of the greate Affaires of the Kingdome, wee have hitherto delayed to present it. Wee are now informed, that the Pictures are like to be spoiled; and therefore wee doe earnestly desire the Honorable Houses to take the Letter of the Parliament of Scotland speedily into Consideration, and to give Order that the Goods may be delivered unto his Servaunt Mr. Lewes Lewes: Which Desire, being soe agreeable to Equity and Justice, wee doubt not the Honorable Houses wil be pleased to graunt. And soe wee rest
Further Particular of his Effects, which he desires Restitution of:
"Diverse Goods of severall Kindes, taken out of the Lodgings at Whitehall, December, 1643, by some of the Committee of Sequestration at Westm'r, by what Order it doth not appeare; all now beinge, or should be, in the Custody of Mr. Jackson, Register to the said Committee.
"Diverse Peces of Ordnance, Brasse and Iron; some at this present remaining at Leadenhall, in the Custody of Mr. Moulins; others that have bin used in some of the Armyes for the Parliament; in whose Custody they now are, is knowne to the Comaunders of the Artillery."
Letter from the Parliament of Scotland, on this Subject.
"Wee are informed, be James Duke of Hamilton and Earle of Cambridge, that, aboute the Begining of these Troubles, there was certaine Pictures and other Goods perteyneing to him of greate Value, shipped at London, to have bin transported for this Kingdome, the which were stayed by Orders from the Honorable House of Commons, and put in the Custody of the Earle of Denbigh, with whome, wee understand, they still remaine: And haveinge taken into our Consideration the greate Sufferings of the said Duke, both in his Person and his Fortune, since the Begining of these Comotions; and that he hath never bin in Opposition to the Honorable Houses of the Parliament of England; wee have thought fitt seriously and earnestly to intreate the Honorable Houses, that they will not only be pleased to give Orders for Re-delivery of the said Goods to his Grace, or any haveing Power from him; bot, in all other his just Occasions, that he may receave such Favor from the Honorable Houses, as a Person eminent in this Kingdome doth deserve, who, as most acceptable to us, is seriously recommended to you, by
Ordinance for Dr. Clarke to be Judge of the Admiralty.
"It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Doctor William Clarke be hereby nominated and constituted Judge of the Admiralty; to proceed therein, according to the lawful Jurisdiction of the said Court, in such Manner as Doctor Samms, Sir Henry Marten, or other former Judges of that Court, formerly did or might lawfully proceed; and that the Commissioners of the Great Seal do pass a Patent unto him, under the Great Seal, accordingly; and that the Solicitor General do prepare a Grant, to pass the said Great Seal, of the said Place of Judge of the said Court of Admiralty to the said Doctor William Clarke; to enjoy and exercise the same, during the Pleasure of both Houses of Parliament, with the same Rights and Preheminencies as the said Doctor Samms, Sir Henry Marten, or any other former Judge of the Admiralty, of Right, and lawfully, held, enjoyed, and exercised the same."
Ordinance to settle the Militia of London.
"The Lords and Commons in Parliament assembled, taking into their serious Consideration the present State and Condition of the Kingdom of England, and particularly of the City of London, do Ordain and Declare, and be it Ordained and Declared by the Authority of Parliament, That the Lord Mayor and Sheriffs of the City of London for the Time being, Sir John Wollaston Knight, Isaac Pennington, Thomas Atkin, John Warner, James Bunce, John Fowke, William Gibbs, John Kendrick, John Langham, and Richard Chambers, Aldermen, Field Marshal Skippon, Randall Manwareing, Francis Peck, Samuell Warner, James Russell, Nathaniell Wright, William Berkley, Alexand'r Normington, Stephen Estwick, Owen Rowe, Richard Turner Senior, William Hobson, Richard Bateman, Richard Turner Junior, Robert Titchborne, Tempest Milner, William Antrebus, Thomas Player Senior, Samuell Harsnett, Francis Allen, Colonel Wilson, Colonel John Bellamy, Alexand'r Jones, Citizens, or any Nine or more of them, be, and are hereby, constituted and appointed a Committee for the Militia of the City of London and Liberties thereof, and all other Places within the Lines of Communication and Weekly Bills of Mortality; and shall have Power, and are hereby authorized, to assemble and call together all and singular Person and Persons of the said City of London, and Liberties thereof, within the Lines of Communication, and Weekly Bills of Mortality, that are meet and fit for the Wars, and them to train, exercise, and put in Readiness, and them, after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed and weaponed, and to take the Musters of them in Places most sit for that Purpose; and that they shall have Power to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said City and Liberties thereof, or within the Lines of Communication and Weekly Bills (fn. 7) of Mortality; and likewise shall have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, as well within the said City, as within any other Part of this Realm of England or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, according as they shall from Time to Time receive Directions from the Lords and Commons assembled in Parliament; and that the said Committee, or any Nine or more of them as aforesaid, shall have Power, and are hereby authorized, to constitute and make Colonels, Captains, and other Officers, from Time to Time, as they, or any Nine of them as aforesaid, shall see Cause, and think fit; and that the said Committee, or any Nine or more of them as aforesaid, shall have the same Powers and Authorities, to all Intents and Purposes, and in the same Manner and Form, as any Committee for the Militia of the City of London had, the Twentieth Day of July, Anno Dom. by any Order or Ordinance of Parliament; and that all and every Person and Persons who have heretofore acted or done, or hereafter shall act or do, any Act or Thing whatsoever, by virtue of this or any former Ordinance or Ordinances of Parliament concerning the said Militia, shall be saved harmless and indemnified, for and concerning the same, by Authority of Parliament: And it is hereby further Ordained, That no Citizen of the City of London, or any of the Forces of the said City, or Liberties thereof, shall be drawn sorth, or compelled to go out of the said City, or Liberties thereof, for Military Service, without his or their free Consent: And it is lastly Ordained and Declared, by Authority aforesaid, That the Ordinance of Parliament of the Fourth Day of May, 1647, for the Militia of London, shall from henceforth cease, and be determined, to all Intents and Purposes whatsoever: And this present Ordinance is to continue during the Pleasure of both Houses of Parliament."
E. of Suffolk and Ly. Aubigney and her Children, about the Subsidy of Aulnage.
Whereas Report was this Day made, from the Lords Committees appointed by this House for the Business of the Lady Aubignie's and her Children, concerning Letters Patents of King James, for the granting of the Offices and Farm of the Subsidy Aulnage of the Old and New Draperies, as also by a Certificate of the Judges (who were appointed to examine the Right of the said Lady and her Children), that it comes to the Lady Aubigny and her Children, being it was held, as Tenants in Common, by the Four Sons of Esme Duke of Lenox, videlicet, the Lord Aubigny, the Lord Lodowicke, the Lord John, and the Lord Barnard, who were to have their several and respective Shares in the Benefit of the same, as by Deeds and Declaration of Trust in this Behalf it doth and may appear; and that the said Lord Aubigny assigned over the Moiety of his Part unto the Earl of Suffolk and others, in Trust, for the Lady Katherene Aubigny, the now Wife of Sir Jame's Levingston; and the other Moiety he died possessed of, which now of Right belongs to the said Lady Katherin, as his Administratrix; and the Two Shares belonging to the Lords John and Barnard deceased do appertain to Charles now Lord Aubigny and his Sister Katheren, the Earl of Suffolke having taken Administration of the said Lords John and Barnard's Estate, to the Use of the said Lord Charles and his Sister Katherin: It is Ordered, by the Lords in Parliament assembled, in regard that the said Lord Lodowicke receiveth a great Part of the Lord Aubignie's Estate, which he converteth to his own Use, That the Earl of Suffolke shall be enabled to receive his Fourth Part, which is by his Lordship to be accompted for, if, upon the said Lord Lodowick's Answer to the Order of this House, their Lordships find Cause to dispose of it otherwise than to the Use of the Children; and likewise that he the said Earl of Suffolke be also enabled to receive the Two other Parts late belonging to the said Lords John and Barnard, to the sole Use of the now Lord Aubigny and his Sister, or their Assigns; and likewise that Fourth Part the said Lady Aubigny is to receive as aforesaid, for her Ladyship; and they first paying of all Sums of Money in Arrear, of Eight Hundred Ninety-four Pounds, Two Shillings, Four Pence Three Farthings, reserved to the Crown; which being discharged, this House doth further order, That the Committee of the Revenue do and shall suffer the said Earl of Suffolk and his Assigns, for the said Lord Aubigny and his Sister their Three Parts as aforesaid, and the Lady Katherin Aubigny her Fourth Part as aforesaid, from Time to Time, to take and receive the Profits of the said Subsidy and Aulnage, without any Molestation or Interruption; they paying the said Rent unto the said Committee, from Time to Time, as it shall come due.