DIE Martis, 20 die Januarii.
PRAYERS, by Doctor Wincupp.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Countess of Bedford's House at Woburn exempted from billeting.
Ordered, That the Countess of Bedford shall have
a particular Order of this House, to exempt her from
having any billeting of Soldiers in her House at Woburne,
Chamberlain versus Nicholls; an Appeal from the Chancery.
Upon reading the Petition of Abraham Chamberlane,
of London, Merchant; complaining of a Decree in the
Chancery. (Here enter the Petition.)
It is Ordered, That the Cause shall be heard, at
this Bar, the Second Thursday after the next Term; and
that the Commissioners of the Great Seal shall have
Notice of this Petition, and be heard if they shall desire
it; and if the Petitioner do not make good by Proof
his Allegations mentioned in the Petition, then he shall
pay such Damages to those as he complains of as this
House shall think fit.
Letter to Colonel Poyntz, to call a Council of War, to try Hardy for the Death of Park.
The Letter to Colonel Poynts was read, and approved
of, as follows:
"I am commanded, by the Lords in Parliament assembled, to let you know, it is their Pleasure, That you
cause a Council of War to be called, to examine the
Death of John Parke, of Millenthorpe, in the County
of Westm'land; he being killed, as this House is informed, by Roger Hardy, a Surgeon to Colonel
Briggs's Regiment, upon the March of the Forces of
the Parliament against the Lord Digby, when he passed
those Parts towards Scotland.
"Your very loving Friend,
"Grey of Warke,
"Speaker of the House of Peers, pro Tempore."
Propositions for Peace.
Ordered, That these Lords following shall consider
of, and peruse all the Alterations in the Propositions for
Peace, and report the same to the House:
L. Viscount Say & Seale.
Any Five, to meet in the Prince's Lodging Tomorrow in the Afternoon, at Three of the
Clock: And Mr. Baron Trevor, Mr. Justice Phesant, and Mr. Justice Rolls, to attend the Committee; and in the mean Time to consider how
far the Forfeitures upon Delinquents Estates
Chamberlain's Petition, to reverse a Decree in Chancery, obtained by Nicholls against him.
To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Abraham Chamberlayne, of London, Merchant;
"Whereas Raph Nicholls and Elizabeth his Wife did
exhibit their Bill of Complaint in Chancery, against
Constance Askwith and your Petitioner, as Executors
of Nicholas Askwith Esquire, to be relieved for a Legacy of One Hundred and Fifty Pounds; and the
Point in Issue being "Asset or no," and referred
to Doctor Aylett; he, by One Report, allowed your
Petitioner nothing for Funerals, not so much as a
Coffin, Winding-sheet, or Church Duties; but Fortyeight Pounds, being no more than the Testator having
by his Will disposed to Fourscore Men to wait on
him at his Funeral, he being an Esquire, and a Citizen of London, of special Rank, Quality, and Estate,
and having many Children, Grand-children, Kindred,
Friends, and Servants, that in Mourning attended his
Funeral, according to common Course and Custom at
that Time. The Testator, by his Will, ordered his
Funerals to the Discretion of his Executors, who was
his Wife and Son-in-Law your Petitioner. The Wife
ordered all, and afterwards your Petitioner was enforced to pay.
"And afterwards the said Doctor Aylett, by a latter
Report, allowed your Petitioner Three Hundred
Forty-seven Pounds, and Sixteen Shillings, which he
truly paid and disbursed, and so no Assets; which the
Courts reduced to One Hundred Pounds, and decreed
your Petitioner to pay One Hundred and Fifty Pounds
to the Plaintiffs, whereas there are divers other Legacies unpaid: By which Decree your Petitioner conceives himself grieved, and humbly offers these ensuing Exceptions:
"1. In that what was truly expended and paid by
your Petitioner for Funerals as aforesaid is
not allowed him.
2. For that there being divers Legacies to a great
Sum which are unpaid, yet the whole Legacy
of the Plaintiffs in Chancery is decreed without respect to the other Legacies, whereby
your Petitioner may be doubly charged; in
regard that, if some Assets be in his Hands,
the Legacies ought to be proportionably paid,
and not all to one, and none to another; which
Right of the Legatees your Petitioner feareth,
(fn. *) and ought not to be hindered by the said
"Your Petitioner humbly prays the same may
be by your Lordships reviewed and reversed, and your Petitioner discharged
from all Contempts for not obeying the
said Decree; and further to be relieved
as to your Lordships shall seem meet.
"And your Petitioner shall ever pray, &c.
House adjourned till 9a cras.