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, 20 die Decembris.
Ds. La Warr.
E. of Shrewsb. Leave to stay within the Lines;
Ordered, That the Earl of Shrewsbury have Leave to stay within the Lines of Communication, to prepare for his Journey to The Spawe, and for his Law Suits; and the Concurrence of the House of Commons be desired herein.
and L. Petre.
Ordinance to raise 50,000 l. for Ireland.
Hampden's Executors Order.
Message to the H. C. for the E. of Shrewsb. and L. Petre to have Leave to stay within the Lines;---and about Colonel Andrews's Order.
1. To desire their Concurrence, that the Earl of Shrewsbury may (fn. 1) have Liberty to stay within the Lines of Communication; having many Law Suits, and shortly to go out of England.
Serjeant Glanvile, Leave to stay in Town
This House declared it as their Opinion, "That Mr. Serjeant Glanvill, being under Restraint by and according to the Condition of his Bailment, is such a Person as may continue in Town, the late Ordinance of the 17th of this Month notwithstanding, here to attend his Composition before the Committee of Haberdashers Hall."
Beck to be instituted to Eaton Socon.
Upon reading of a Certificate from the Ministers of Bedfordshire, concerning Mr. Thomas Becke Minister; giving a good Testimony of him, both for his Life and Conversation, and Abilities for the Ministry:
Dunford and Paine.
Upon hearing the Counsel of Payne Defendant, in a Writ of Error depending (fn. 2) in this House, wherein Dunford is Plaintiff; and upon Affidavit made at Bar, "That the Plaintiff's Attorney was served with the Order of this House, for arguing the Errors this Day," but not appearing; the Counsel of the Defendant opened the Errors.
And, upon Consideration thereof by the House, it is Ordered, That the Judgement given in the King's Bench in this Case is hereby, affirmed; and that the Transcript of the Record be remitted into the King's Bench, that so Execution may be taken out accordingly.
Grey and Brereton.
It is Ordered, That the Judgement given in the King's Bench in this Cause is hereby affirmed; and the Transcript of the Record to be remitted into the Court of King's Bench, that so Execution may be taken out.
Mrs. Lower's Sequestration.
Clampe to be Searcher of Lynne.
Committee for Plantations.
Ordered, That any Five of the Committee for Plantations, settled by Ordinances, bearing Date the Second of November, 1643, and 21th March, 1645, whereof One Member [ (fn. 4) of the House] of Lords and Two Members of the House of Commons to be present, shall be a Quorum, to act according to the Powers of the said Ordinances. The Concurrence of the House of Commons to be desired herein.
Pardon for Prisoners in the Midland Circuit.
A General Pardon of (fn. 5) Course, for Prisoners in the several Gaols of the Midland Circuit, was read, and Agreed to; and the Concurrence of the House of Commons to be desired herein.
D°. for the Oxford Circuit.
Order for 5000 l. for the Executors of Mr. Hampden.
"Whereas, by Order of 18 January, 1646, the Sum of Five Thousand Pounds is assigned to be paid unto the Executors of John Hampden Esquire, deceased, in respect of the Losses, Damages, and Sufferings, sustained by the said Mr. John Hampden, in opposing the illegal Tax of Ship-money, and for his Service therein to the Commonwealth: It is Ordered, by the Lords and Commons in Parliament assembled, That Two Thousand Pounds of the said Five Thousand Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall not engaged, in Course, and paid by the Treasurers there to the Executors of the said Mr. John Hampden; and that other Two Thousand Pounds thereof be charged upon the Receipts of the Excise, in Course, and paid by the Commissioners of the Excise to the Executors of the said Mr. John Hampden; and that the remaining One Thousand Pounds be paid, in convenient Time, by the Committee of the Revenue, to the Executors of the said Mr. John Hampden."
Major Salwey added to the Committee of Indemnity.
"That Major Richard Sallwey, a Member of the House of Commons, be added to the Committee of Lords and Commons for Indemnity, in the Place of Mr. Ball, formerly a Member of that Committee, and since deceased."
Order for 1460 l. for Mrs. Coriton, seized from her for the Public Use.
"Whereas, by a Letter from the General, of the 18th of September last, the good Affection and Service of Mrs. Phillipa Coriton, One of the Daughters of William Coriton Esquire, doth appear; and by her humble Petition and Report from the Committee of the West it was informed, That, in April, 1645, there was taken and seized, by the said Committee, the Sum of One Thousand Four Hundred Sixty Pounds, which now appeareth to be her Money, and was employed for the Use and Benefit of the Parliament; and the said William Coriton having been fined the Sum of Eight Hundred Twenty-eight Pounds, for his Delinquency, which is accepted: It is Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said Sum of Eight Hundred and Twenty-eight Pounds, for the Fine of the said William Coriton, be paid unto the said Phillippa, in Part of her said Sum of Fourteen Hundred and Sixty Pounds; and the said Wm. Coriton shall be thereupon discharged thereof: And the Remainder of the said Sum of One Thousand Four Hundred Sixty Pounds, being Six Hundred Thirty-two Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. per Annum, until the same shall be paid unto her, is hereby charged upon the Receipts of the Excise, in Course, to be paid unto the said Mrs. Phillippa Coriton, her Executors, Administrators, or Assigns, by the Commissioners and Officers of the Excise for the Time being; and the Commissioners and Officers of the Excise are hereby required and authorized to pay the same accordingly."
Order for 300 l. to Mrs. Abercromy; in full for her late Husband's Arrears.
"Whereas the Sum of Five Hundred and Twelve Pounds, Three Shillings, Two Pence, appears, by the Certificate of the Committee of Accompts, dated 26 January, 1646, certifying the State of Captain Jeremiah Abercromye's Accompt, to be due unto the said Captain, upon his Entertainment in the Service of the Parliament; and whereas it doth not appear what may be surcharged by the State upon the said Accompt, from the several Treasurers and Counties, for Money, Horse, Arms, Free Quarter, or other Goods: It is Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Hundred Pounds be paid unto Susanna Abercromy, Relict of the said Jeremiah, or her Assignee, in full Satisfaction of all Demands whatsoever demandable upon the said Captain Abercromye's Entertainment in the Service of the Parliament; and that the said Sum of Three Hundred Pounds be charged upon the Receipts of the Grand Excise, in Course, together with Interest for the same, from the Date hereof, after the Rate of Eight per Centum, payable every Six Months; and that the Commissioners of the Excise do pay the said Sum of Three Hundred Pounds, and Interest as it shall grow due, unto the said Susanna Abercromy, or her Assignee; and that the Acquittance of the said Susanna, or her Assignee, shall be a sufficient Warrant and Discharge to the Commissioners of the Excise, for the Payment of the said Sum and Interest, accordingly."
Beck to be instituted to Eaton Socon.
Ordered, &c. That Doctor Aylett do give Institution and Induction unto Thomas Becke Clerk, Master of Arts, to the Vicarage of Eaton Socon, in Com. Bedford, void by the Death of the last Incumbent; salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation under the Hand and Seal of Hugh Wye Gentleman, Patron.
Reports from the Committee for Sequestrations, &c. concerning Mrs. Lower's Claim for a separate Maintenance out of the Sequestration of her Husband's Estate, which was charged on it.
"22 Aprilis, 5 Jac. there was an Indenture Tripartite made, between Anthony Gave and others of the First Part, Henry Bury and Gilbert Bury of the Second Part, Anthony Palmer Esquire and others of the Third Part Anthony Cave, in Consideration of a Marriage and Five Hundred Pounds with Prudence now Petitioner, the then intended Wife of Thomas Cave, did enfeoff and confirm, to the said Henry Bury and Gilbert Bury, the Rectory of Queenborrough, in Com. Leicest. cum Pertin.; habend. to them, their Heirs and Assigns for ever: Yet to the End that a Common Recovery might be had of the Premises, cum Pertin. against the said Henry and Gilbert Bury, and Thomas Duport and John Smith, which Recovery should be to the Use of Anthony Cave; and, after his Decease, to the Use of Frances his then Wife; and, after her Decease, to Thomas Cave Son to the said Anthony, and the Petitioner, and their Heirs. Anthony Cave and Frances his Wife, and Thomas Cave the Petitioner's then Husband, are all dead. Prudence the said Petitioner, after the Decease of Thomas Cave her former Husband, marries with Mr. Davies, who dies; and then the Petitioner intermarries with Alexand'r Lower her now Husband. On the First of June, 1636, it was ordered and decreed, by Consent of the Petitioner, (fn. 6) and Alex. Lower her now Husband, in the High Commission Court, upon some Disagreement between them, That the Petitioner should have Eighty Pounds per Annum, for her Maintenance, from her said Husband Mr. Lower, out of the Estate she brought him, and the House wherein she dwelt, until it should please God to reconcile them. The Peti tioner, according to the aforesaid Decree, hath received the Sum of Eighty Pounds so decreed unto her, until Mr. Lower's Estate was sequestered, and is not yet reconciled to him; and is debarred from receiving the said Sum of Eighty Pounds out of the Estate. She humbly prays, the Allowance and Continuance of the Payment of the said Eighty Pounds per Annum, and her House, according to the said Decree, out of the said Rectory of Queenborrough and other Estate which she brought her said Husband Lower, notwithstanding the Sequestration: Which, for that it was upon an Order of the High Commission Court, by Consent between the Husband and Wife (being then parted), for the Maintenance of her and her Children by former Husbands; this Committee thinks fit, and orders, That the Case be represented to both Houses, and submitted to their Judgements.
"In the Case of Prudence Lower, Wife of Alexand'r Lower Esquire, to me referred by the Order annexed; I find, That, by Indenture Tripartite, dated 22 Aprilis, 5°Jac. made between Anthony Cave Esquire and others on the First Part, Henry Bury and Gilbert Bury on the Second Part, and Anthony Palmer Esquire and others of the Third Part; the said Anthony Cave and others, in Consideration of a Marriage then intended, and afterwards solemnized, between Thomas Cave and the Petitioner, and of Five Hundred Pounds Portion paid with the Petitioner, did grant, enfeoff, and confirm, to the said Henry Bury and Gilbert Bury, all that the Rectory and Parsonage Appropriate of Queinborrough, in Com. Leic. cum Pertin. and all the Glebe Lands and Tithes, of what Nature or Quality soever, the same becoming or increasing within the Town Fields of Queinborough aforesaid, together with all Houses, Emoluments, and Commodities, to the said Rectory and Parsonage belonging; habend. the Premises, cum Pertin. to the said Henry Bury and Gilbert Bury, their Heirs and Assignees for ever, to the only Use of them and their Heirs; yet nevertheless to the Intent that a Common Recovery might be had of the Premises, cum Pertin. against the said Henry and Gilbert Bury, to Thomas Duport and John Smith, therein named, which Recovery should enure to the Use of the said Anthony Cave for his Life; and, after his Decease, to the Use of Frances then Wife of the said Anthony for Life; Remainder to the Use of the said Thomas Cave and the Petitioner, and the Petitioner and the Heirs of the Body of the said Thomas Cave on the Body of the Petitioner, as by the said Indenture appeareth. And I do also find, That, 1 Junii, 1636, it was, in a Cause between the said Mr. Lower and the Petitioner, in the High Commission Court, ordered, by Consent of the Parties on both Sides, That the Petitioner should have the House (fn. 7) wherein she dwelt, for herself and Children's Means, being about Eighty Pounds per Annum, to maintain them, and Sixteen Pounds presently paid her for the ensuing Quarter after Midsummer then next; and after that, Fifty Pounds per Annum out of the rest of the Estate which she brought the said Mr. Lower her Husband in Marriage; and that the said Mr.Lower should enjoy all the rest of the said Estate for Four Years and a Half to come, beginning from Midsummer then next, and ending at Christmas 1640; upon Condition, That he undertake all the Debts not exceeding Six Hundred Pounds, Three Hundred Pounds thereof being his said Wife's Debt, and the rest Mr. Davies her former Husband's, and to the Dean and Chapter of Yorke: And the said Four Years and an Half being ended, wherein it was conceived all the said Debts might be paid as aforesaid, it was further thereby ordered, That then the said Mr. Lower should make up the aforesaid Allowance of Fifty Pounds per Annum to the Petitioner unto Eighty Pounds per. Annum, for her better Maintenance; and this Order, they decreed, should continue until it should please God to reconcile them, and that thereupon other Order should be taken by that Court; as by the said Order, a Copy whereof is to me produced, attested to be a true Copy, appeareth. And the Petitioner deposeth, That she hath, according to the said Decree, received Yearly, ever since the Date of the said Decree, the Sums of Money thereby decreed, until of late, that she hath been hindered from receiving the same by reason of several Sequestrations that hath been laid upon the Estate out of which the same was issuing, for the Delinquency of the said Mr. Lower. And further deposeth, That she and her said Husband have not been at any Time reconciled, or cohabited together, since the Making of the said Decree between the Petitioner and her said Husband, to her said Knowledge or Belief. And Robert Page Esquire deposeth, That the said Indenture, or another Part thereof under the Hands and Seals of the Parties thereto, hath been in his Custody, and at his Disposal, for the Space of Ten Years at the least; and that the said Tithes and Premises were the Estate of the Petitioner, and worth at least One Hundred and Sixty Pounds per Annum, and her Maintenance to issue only out of the same. So as it is submitted to Judgement, whether the Petitioner ought not to have the said Eighty Pounds per Annum to her paid out of the Profits of the Premises; the said Anthony Cave, Frances (fn. 8) his Wife, and Thomas Cave, being all of them dead; and the said Mr. Lower claiming the Premises under the Petitioner's Title, who deposeth she enjoyed the same for Ten or Eleven Years before her Marriage to him.
"In the Case of Mr. Lower: It is Ordered, (fn. 9) That the said Case, as it now appeared upon the Hearing, be reported to the Houses; and the Lord North to be desired to report the same to the House of Lords; and Mr. Serjeant Wylde, or any One of this Committee, to the House of Commons: And in the mean Time, that the Estate allotted to the Petitioner by her late Husband's Consent, in the High Commission Court, for her Maintenance, and the Rents and Profits and Arrears thereof, to remain secure in the Hands of the Committee by whom the Sequestration was made, until the said Report be made, or further Order taken by the said Houses or this Committee.