House of Lords Journal Volume 8
11 February 1646

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1767-1830

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'House of Lords Journal Volume 8: 11 February 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 155-162. URL: http://www.british-history.ac.uk/report.aspx?compid=33955 Date accessed: 22 August 2014.


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Contents

DIE Mercurii, 11 die Februarii.
Jennings and Dawes. Order for recruiting Sir T. Fairfax's Army. Answer from the H. C. Report concerning the Summer Fleet. Message to the H. C. with it; with the Singing Men of Windsor's Petition; Lewis's Ordinance; and the Scots Officers Petition; about Cannon's Ordinance; and with One for Martial Law in Aylesbury, &c. Damages to be paid for The Becasse. E. of Cleveland to have the Liberty of The Tower. Committee of St. Paul's and the Parishioners of St. Gregory's. Dr. Walker's Ordinance. Ordinance for Mr. Fathers to be Minister of Stoke Damerell. Ordinance for Sir G. Vane to be Sheriff of Durham. Sir H. Mildmay's Claim to the Barony of Fitzwalter. Ewers & al. to pay Mr. Harris his Dues, as Minister of St. Buttolph's Bishopsgate. E. of Newport desires to be confined in a private Place, on account of the Charges of being in the Black Rod's Custody. Ld. Savill will reveal what he knows concerning the Letter for which he is committed. Serjeant Finch to take a Fine of Sir R.Cook, in The Tower. Vote for reducing the Scots Horse. Message to the H. C. with L. Savill's Petition; and with the Singing Men of Chichester's Petition. List of Ships, for the Summer Fleet. Report concerning The Becass, taken by Captain Hodges, as she was returning from Dartmouth to St. Malo. Committee of the Revenue of St. Paul's Petition, that the Parishioners of St. Gregory's had taken some Materials which they should not have done. Order for Dr. Walker to have 100£. per Ann. as Advocate of the Fleet. Judgement in the Cause between Jennings and Dawes. Footnotes

DIE Mercurii, 11 die Februarii.

PRAYERS, by Mr. Lightfoote.

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Essex.
Comes Sarum.
Comes Warwicke.
Comes Lyncolne.
Comes Stamford.
Comes Denbigh.
L. Viscount Say & Seale.
Comes Suff.
Comes Kent.
Comes Bolingbrooke.
Comes Nottingham.
Comes Northumb.
Ds. North.
Ds. Robertes.
Ds. Howard.
Ds. Grey.
Ds. Berckley.
Ds. Mountague.
Ds. Wharton.
Ds. Bruce.

Jennings and Dawes.

The Committee reported the Order drawn up by them, concerning the Business between (fn. *) him and Sir Thomas Dawes; which, being read, was Agreed to.

(Here enter it.)

Order for recruiting Sir T. Fairfax's Army.

Ordered, That the Committee of the Army shall have Power to grant Liberty to such Person or Persons as they shall think fit, to beat up Drums, within the Lines of Communication or elsewhere, for Volunteers, for recruiting the Army under the Command of Sir Thomas Fairefax.

Answer from the H. C.

Mr. Justice Pheasant and Mr. Justice Rolls return with this Answer to the Message sent Yesterday to the House of Commons:

That they will (fn. †) speedily take (fn. ‡) it into Consideration, and return an Answer by Messengers of their own.

Report concerning the Summer Fleet.

The Earl of Warwicke reported a List of the Names of the Ships belonging to the Navy; with a Report from the Committee for the Admiralty, that these Ships may be presently sent forth; which was read.

(Here enter it.)

Ordered, That this House approves of this List; and that The Unicorne and The Victory be added to this List, and set forth presently; and that Captain Stansby command The Providence, he having served faithfully in these Troubles.

Message to the H. C. with it;

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

1. To deliver to them the List of the Names of the Ships, and the Names of the Captains, which this House approves; and that their Concurrence may be desired herein; and that the Fleet may be presently set forth, which much concerns the Safety of the Kingdom; and that this House is of Opinion, That The Unicorne and Victory be presently set forth with the rest of the Fleet, for the better guarding of the Seas; and that Captain Stanseby may command The Providence, he having served faithfully in these Troubles: In all which, their Concurrence (fn. *) is desired.

with the Singing Men of Windsor's Petition;

2. To deliver to them the Petition of the Singing Men of Windsor; and desire their Concurrence, that it may be referred to the Committee of Lords and Commons for Sequestrations to give them Relief.

Lewis's Ordinance;

3. To desire their Concurrence in the Ordinance concerning John Lewis.

and the Scots Officers Petition;

4. To recommend to them the Petition of Scotts Officers, that they may have some Relief to preserve them in their Wants from Starving.

about Cannon's Ordinance;

5. To desire their Expedition in the Ordinance concerning Captain Cannon.

and with One for Martial Law in Aylesbury, &c.

6. To let them know, that this House agrees to the Ordinance for Martial Law for Aylsebury and Newport Garrison, with the Alteration; and to desire their Concurrence therein.

Damages to be paid for The Becasse.

The Earl of Warwicke reported a Paper concerning the French Ship called The Becasse: (Here enter it.) And upon Consideration thereof, this House thought it fit that Four Hundred Pounds should be paid by the Committee of the Navy; and the Concurrence of the House of (fn. †) Commons to be desired herein.

E. of Cleveland to have the Liberty of The Tower.

Ordered, That the Earl of Cleveland shall have the Liberty of The Tower, as formerly he had.

Committee of St. Paul's and the Parishioners of St. Gregory's.

Upon reading the Petition of the Sub-committee of the Revenues of Paule's: (Here enter it.) It is Ordered, That the Parishioners of Gregorie's Church shall have a Copy of this Petition; (fn. ‡) and that they forbear their building of the said Church, until the Lord Mayor and Aldermen do bring in a full Certificate of the Condition of those Materials; and then this House will give further Directions herein.

Dr. Walker's Ordinance.

Next, the Ordinance for Dr. Walker to have the Fee of One Hundred Pounds per Annum by the Treasurer of the Navy, as Advocate of the Fleet, was read, and Agreed to. (Here enter it.)

Ordinance for Mr. Fathers to be Minister of Stoke Damerell.

An Ordinance was presented to this House, for Mr. John Fathers to be presented to the Parsonage of Stoake Damerell, in the County of Cornwall, being lately void by the Death of Mr. Wm. Parson; which being read, this House approved of it; and Ordered, That it be sent to the House of Commons, for their Concurrence.

Ordinance for Sir G. Vane to be Sheriff of Durham.

The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for making Sir George Vane Knight Sheriff of the County Palatine of Durham.

And the House was resumed.

The said Ordinance was read the Third Time, and Agreed to, with an Addition, wherein the House of Commons (fn. *) Concurrence is to be desired.

Sir H. Mildmay's Claim to the Barony of Fitzwalter.

Ordered, That Sir Henry Mildmaye's Business, concerning his Claim to the Title of Lord Fitzwalter, shall be heard before this House this Day Fortnight; and hereof the King's Counsel is to be made acquainted with.

Ewers & al. to pay Mr. Harris his Dues, as Minister of St. Buttolph's Bishopsgate.

Upon reading the Petition of Edmund Deney, Wm. Tutchin, John Everett, Henry Reynolds, Wm. Lynton, &c. shewing, "That, upon Mr. Vincent's Resignation of the Living of Buttolph Bishopsgate, Mr. Harris was appointed to officiate there; but Abram Ewers, Benjamin Spyer, Silvester Hamden, John Wheelewright, &c. have neglected and refused to pay the Duties belonging to Mr. Harris, though they have been so often desired to pay the same."

It is Ordered, That if Tho. Russell, Robert Shaw, Abram Ewers, Joseph Mountague, Peter Eccles, Benjamin Spyer, Silvanus Hamden, and John Wheelewright, shall not pay the Duties which they owe to Mr. Harris by this Day Sevennight, then they are to appear before this House, to answer the same.

E. of Newport desires to be confined in a private Place, on account of the Charges of being in the Black Rod's Custody.

Upon reading the Petition of Mountjoy Blount, Earl of Newport; shewing, "That whereas he is now Prisoner in the Custody of the Keeper of the Black Rod, the Charges whereof is so great a Burthen for him that he is not able to undergo it, in regard no Part of his Estate comes to his Hands to support his Livelihood, as is well known to their Lordships; in Consideration whereof, his humble Suit is, that he may have Leave to be confined to some private Place, where he may defray him at a more easier Charge, putting in Security for his true Imprisonment, and where he will be ready to submit to all further Orders as shall be imposed upon him by this House."

It is Ordered, That the Speaker do acquaint the Earl of Newport, that this House is inclined to grant his Desire; but they desire to know where he desires to be confined, and (fn. *) what Security he will offer to this House for his true Imprisonment.

Ld. Savill will reveal what he knows concerning the Letter for which he is committed.

The Lord Savill's Petition was read; shewing, "That he having for some Weeks past (fn. *) been in a very languishing Condition of Health, and daily more helpless of Recovery; and being much afflicted to lie under the Contempt of the Two Houses of Parliament so long, is willing to do any Act that might satisfy their Lordships and his own Conscience, and redeem himself from the Opinion either of Untruth (fn. *) or Obstinacy: And therefore prayeth the Two Houses, that he may have Leave to declare unto the Earls of Essex and Denbigh, and to Mr. Darley and Mr. Thorpe, all he knows concerning the Letter for which he is in Contempt; and that the Houses would be pleased to enjoin the said Lords and the said Members of the House of Commons, not to reveal the same until the Party be either out of His Majesty's Dominions, or within the Parliament Quarters."

Ordered, That the Committee for the Lord Savill's Business shall meet To-morrow Morning, at Nine of the Clock; and that they have Power to send a Sub-committee to receive what Informations the Lord Savill shall give; and the Sub-committee to have Power to keep secret, if they think fit, what shall be delivered by the said Lord Savill, until both Houses shall require from the said Sub-committee an Account.

Serjeant Finch to take a Fine of Sir R.Cook, in The Tower.

Ordered, That Mr. Serjeant Fynch shall have Leave to go to Sir Rob't Cooke, a Prisoner in The Tower, to take a Fine of him; he being a Trustee for the Estate of the Lord Berckley.

Vote for reducing the Scots Horse.

It was moved, "That it might be taken into Consideration the sending of the Vote concerning the reducing of the Scoctch (fn. *) Horse."

And the Question was put, "Whether this Business shall be put off till To-morrow Morning."

And it was Resolved neither in the Affirmative nor Negative, because the Votes were equal.

Message to the H. C. with L. Savill's Petition;

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To deliver to them the Petition of the Lord Savill, with the Sense of the House upon it.

and with the Singing Men of Chichester's Petition.

2. To deliver to them the Petition of the Singing Men, &c. of Chichester; (fn. †) and their Concurrence to be desired, that it may be referred to the Committee of Lords and Commons for Sequestrations, for their Relief.

List of Ships, for the Summer Fleet.

"A List of such Ships, both States and Merchants, with their respective Commanders, as are agreed upon by the Committee of Lords and Commons for the Admiralty and Cinque Ports, to be presented to the Approbation of both Houses of Parliament, for the next Summer's Expedition at Sea.

"King's Ships. Captains. Tons. Men. Ordn.
St. Andrew, Wm. Battin, Vice Admiral, 783 260 50
(fn. ‡) Rainbow, Thomas Trenchfeild, Rear Admiral, 731 240 44
James, Rich'd Blyth Senior, 875 260 50
Charles, Commander respited, till Captain Swanleye's Business be heard, 793 250 46
Leopard, Henry Beathell, 515 160 43
Convertine, John Mann, 619 180 40
Lyon, Robert Moulton Senior, 600 170 45
Guarland, John Bowen, 567 170 40
Bonaventure, Ben. Crandley, 557 170 36
Entrance, John Crowther, 539 160 40
Anthilop, Edward Hall, 512 160 36
Swallow, William Somarster, 478 150 36
Expedition, Sir George Askew, 360 100 26
Providence, Captain Stansby, 360 100 22
John, William Swanley, 366 110 28
Fellowshipp, William Penn, 366 110 28
Gloabe, Richard Willoughby, 333 100 26
Mary Rose, Phinees Pett, 321 100 28
Warwick, James Pecock, 300 90 20
Hector, Edward Elliott, 266 80 22
Signett, William Peake, 233 70 18
Sampson, John Pilgrim, 300 60 22
Hinde, Anth. Young, 200 60 17
Starr, Rob't Constable, 200 60 16
Greyhound, John Coppin, 120 50 12
Roebuck, Commander's Name not returned from the Vice Admiral, 149 40
Cressent, John Edwin, 167 50 12
Dove, Will'm Hazard, 84 25 6
10th Whelpe, Wm. Lawrence, 186 60 18
Kentish Frigott, John Mildmay, 149 45
Robert, Wm. Rew, 133 40 9
Welcom Pinch, John Greene, 133 40 10
Encrease, Robert Moulton Junior, 133 40
Tryall, Browne, 100 40 10
Royalist, Owen Cox, 100 30
Charles, Rob't Clarke, 50 20 6
Green Frigott, John Farmer, 20 6
Weymouth Frigott, John Peirce 40
Lilly Frig. John Lambert, 80 45 8
Swan Frig. Rob't Clarke, 50
Nichodemus, Thomas Pacy, 80 45 10
4050
"To be prepared and put into a complete Condition to be set forth to Sea, upon the Parliament's Command.
"Unicorne, Peeter Andrewes, 703 250 46
Victory, Natha. Goodlad, 721 260 44
Total of Men, 4560
"Merchants Ships. Captains. Tons. Men. Ordn.
Constant Warwicke, John Gilson, 300 96 26
Discovery, Tho. Plunkett, 350 100 28
Trulove, Jervas Coachman, 260 78 22
President Frig. Peeter Whitty, 250 80 26
Harry, John Ellison, 300 90 24
Arke, Rob't Bramble, 200 60 16
Magdalen, John Hosier, 200 56 16
Defiance, John Whitty, 300 90 26
Thomas St. Lucy, Commander not yet appointed, 260 80 20
Morecock, Robert Philpott, 140 44 10
Samuell, Edm. Seaman, 280 75 24
Joslyn, James Moulton, 196 59 16
Lucy, Elias Drew, 140 48 12
Messenger, Ben. Treniman, 90 33 10
Hopewell, Captain Seale, 120 40 10
Delight, Thomas Wills, 74
Hector, Parkhurst, 300 70 20
Blessing, Wenold, 220 60 18
Total of Men, 1234 (fn. *)

"Memorandum, Besides His Majesty's Ships herein named, Order is given by the Committee of Lords and Commons for the Admiralty and Cinque Ports, that all the other serviceable Ships of the Navy Royal be graved and fitted to go forth to Sea, upon any sudden Exigent, for the Defence of the Kingdom.

"And it is likewise Ordered, That the Master, Wardens, and Assistants of The Trinity House shall give Order for graving and fitting for Sea Thirty other able Merchants Ships, that may be also ready to be sent forth upon any emergent Occasion, for the Kingdom's Safety."

Report concerning The Becass, taken by Captain Hodges, as she was returning from Dartmouth to St. Malo.

"7 Februarii, 1645.

"At the Committee of Lords and Commons for Foreign Affairs.

"The Lords and Commons assembled in Parliament having, by their Order, referred unto the Committee the Considerations of the Restitution of the Ship Becasse and her Lading, taken by Captain Hodges, in her Return from Dartmouth to St. Mallo, represented by the French Resident, grounded on a Letter from the Queen Regent, Mother to the French King, to belong unto Mr. Faccerolles Her domestic Servant, and taken within the Road of St. Mallo, and to give Satisfaction to the Takers; this Committee did thereupon order the Judge of the Admiralty to examine the Matter of Fact upon those Two Points; and, upon Proof of the same, to grant a Discharge of the Bark and her Lading unto the French Proprietors. The Judge, having received this Order, summoned both Parties before him; but while they were in Contestation, the Goods were secretly and forcibly taken out of the Warehouse, and disposed of, and now not to be found in csse; since which, Monsieur Sabran the French Resident hath, at an Audience by this Committee, pressed, on Behalf of the Queen Regent and the French King, for Restitution, according to the Order of Parliament; whereupon the Committee have given Order for present Restitution of the Bark; and in regard the Goods are not in esse, upon Accompt made, upon which the said Faccerolles (fn. *) has liquidated the Value of his Goods to Fourteen Hundred Pounds Sterling, which the Committee are of Opinion be paid unto the said Faccerolles or his Assigns, and do Order, That the same be reported by the Earl of Warwick and Mr. Greene unto both Houses, who are to be moved to give present Order unto the Committee of the Navy, for Payment of the said Monies accordingly."

Committee of the Revenue of St. Paul's Petition, that the Parishioners of St. Gregory's had taken some Materials which they should not have done.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of the Sub-committee of the Revenues of Paule's;

"Sheweth,

"That the Petitioners having seen the Copies of several Orders of this Honourable House, for disposing of several Materials belonging to Paule's, since the Sequestration thereof into the Hands of the Lord Mayor and Aldermen of London, some for Payment of Workmen, some for new-building of Gregorye's Church by Paule's, to a very great Value, under Colour whereof, the Parishioners of Gregorye's have gotten into their Hands sundry Stones, hewen and squared, which are not in the Order, which they shewed unto us; and since that Time there is also another Order from the Honourable House of Commons, for the Dispose of the Scaffolding and other Things, to make up the Sum of One Thousand Seven Hundred and Forty-six Pounds, for another Use: And we find that the Materials appointed for those Uses by your Lordships may very well be spared, and yet the Things done which were petitioned for.

"And the Lord Mayor and Aldermen are hereupon preparing a full Certificate of the Condition of those Materials, to present to both the Honourable Houses, which the Petitioners have signified to the Parishioners of Gregorye's; and thereupon (lest we should unwittingly cross some Order of One of the Houses) have desired the Parishioners to forbear their Work until the Pleasure of both the Houses be further known.

"The Petitioners therefore humbly pray, that your Lordships would please to take this true Account of the Proceedings of this Committee herein, and to give such further Order in it, as to your Lordships Wisdoms shall seem meet:

"And the Petitioners shall ever pray, &c.

"Jn° Warner.

"Rich'd Morrell.

Thomas Read.

"John Henry. Wm. Pitchford.

"Jo. Readinge.

"Robert Lawson."

Order for Dr. Walker to have 100£. per Ann. as Advocate of the Fleet.

"Ordered, by the Lords and Commons assembled in Parliament, That Doctor Walker, as Advocate of the Admiralty and Cinque Ports, being obliged to be of Counsel for the State in all Causes, both of Reprisal and other Matters of Interest, in the Admiralty Court, as also in all Criminal Matters concerning the Fleet, to which no Perquisites are incident, shall have and receive the Fee of One Hundred Pounds per Annum, in respect of the said Service, to be paid Quarterly, by the Treasurer of the Navy, by Order of the Committee of the Navy, during his the said Doctor Walker's Exercise of the said Place, and to commence from the Feast of St. Michaell the Archangell which was in the Year of our Lord 1644: And further, in regard the said Doctor Walker may be often employed at Sea in the Execution of the said Place, in Reference to the Fleet, which must necessarily prejudice him in his Practice at Home during his Employment Abroad; it is likewise Ordered, That, over and above the said Fee of One Hundred Pounds per Annum, he the said Doctor Walker shall, by like Order of the said Committee of the Navy, have allowed and paid to him, by the said Treasurer of the Navy, the Sum of Twenty Shillings per Diem extraordinary, for every Day that he the said Doctor Walker shall be employed abroad as aforesaid, in Service of the State."

Judgement in the Cause between Jennings and Dawes.

viz. The Petition.

viz. The Orders, 5 Aug. 1643.

viz. His Petitions.

Vid. Order.

Viz. The Petition.

viz the orders; 5 Aug. 1643

viz, order

viz, His Petition

viz, order

"Whereas, in Two Causes heretofore depending in this House, upon the Cross Petitions of John Latch Esquire and Sir Philibert Vernatt Knight since deceased, it was, the Fourteenth Day of June, in the 19th Year of His Majesty's Reign that now is, amongst other Things, Ordered, Adjudged, and Decreed, That the Bond of One Hundred Thousand Marks, then in Question, and formerly brought into this House, should be delivered unto Thomas Jennings Esquire, on the Behalf of the said John Latch, by the Clerk of this Court, to be put in Suit for the respective Benefit of Sir Thomas Dawes, who, as Executor to his Father Sir Abraham Dawes deceased, was, by several Orders of this House, of the Thirtieth of May, 1643, and the 10th of June, 1643, made (fn. *) Party in the said Cause, and of the said John Latch, their Executors and Assigns; and that, so soon as the said Sir Thomas Dawes should be thereby or otherwise satisfied what had then been disbursed or supplied by the said Sir Abraham Dawes, according to the Agreement in the said Decree mentioned, with Damage and Cost for the same, the full and whole Benefit of the said Bond of One Hundred Thousand Marks should remain and come to the said John Latch, his Executors and Assigns; and he and they to have and take all such Fruit and Benefit thereby, and to prosecute Suit and Recovery thereupon, and to release and discharge the said Debt, in such and the like Manner as the said Sir Abraham Dawes might have done, or might now do if he were living, without the Denial or Interruption, Release, or Discharge, of the said Sir Thomas Dawes, his Executors or Administrators, as by the said Decree, as amongst other Things therein contained, remaining amongst the Records of this High Court, appeareth: And whereas, since the said Decree made, the said Thomas Jennings, on the Behalf of himself and the said John Latch, exhibited his Complaint before their Lordships against the said Sir Thomas Dawes, to have the Debt due to him justly stated, thereby setting forth, That the said Sir Thomas Dawes, taking Advantage of a Clause in the said Decree whereby he is to be first satisfied, did pretend certain Debts by Bonds, wherein the said John Latch and the Petitioner Thomas Jenings, with others, stand bound to the said Sir Abraham Dawes, to be just Debts; whereas the same, as was alledged by the said Petitioner, were entered into in Trust only, and so declared by several Declarations under the Hand and Seal of the said Sir Abraham Dawes; which Bonds were afterwards by Order brought in to the Clerk of this House by the said Sir Thomas Dawes; (videlicet,) One Bond, dated the 4th Day of February, One Thousand Six Hundred Thirty and Five, wherein the said John Latch standeth bound to the said Sir Abraham Dawes in Two Thousand Pounds, conditioned to pay him One Thousand Two Hundred Seventy-two Pounds the Sixth of November next after; One other, dated the 15th Day of March, 1636, wherein the said John Latch standeth bound to the said Sir Abraham Dawes in Two Thousand Pounds, conditioned for the Payment to him of One Thousand and Forty Pounds the Seventh of September next after; another, dated the 17th of April, 1637, wherein the said John Latch standeth bound to the said Sir Abraham Dawes in Two Thousand Five Hundred Pounds, to pay unto him One Thousand Three Hundred and Ten Pounds, Sixteen Shillings, dated on the last Day of May next after; One other, dated the 15th Day of May, 1637, wherein the said John Latch standeth bound to the said Sir Abraham Dawes in Three Thousand Pounds, to pay in to him One Thousand Five Hundred and Sixty Pounds on the 7th Day of November next after; and One other Bond, dated the 2d of May, 1637, wherein the said John Latch and the Petitioner Thomas Jennings became bound to the King in Ten Thousand Pounds, with Condition to be void upon the Payment unto the said Sir Abraham Dawes (One of His Majesty's Farmers for the Customs) of the Sum of Five Thousand Pounds on the Sixth Day of that same Month of May, 1637; as by the said several Obligations more at large appeareth: Unto which Complaint the said Sir Thomas Dawes appeared; and being, by Order of the 19th of January, 1643, to state and ascertain his Debt, provided for to be satisfied by the said Decree, did, by his several Petitions, alledge the said Five Bonds to be (as he believed) entered into for Money lent, and not upon Trust; and that he found that there was moreover due to his said Father, the 24 Junii, 1639, upon an Accompt between him and the said John Latch produced before their Lordships, the Sum of Eight Thousand Three Hundred Eighty Pounds, Twelve Shillings, and Three Pence; which being, as was alledged, to be secured by the Bond of One Hundred Thousand Marks, he therefore prayed might be satisfied with Interest, or the One Hundred Thousand Marks Bond be re-delivered unto him, as also the said Five other Bonds alledged to be in Trust as aforesaid: Which Cause having received several Debates before their Lordships, by Counsel on both Sides, upon the Point aforesaid, and several Exceptions taken by the said Thomas Jennings to the said Accompt, alledging, amongst other Things, that the said Bonds taken in Trust as aforesaid were included therein; upon the further Hearing thereof, the 21th Day of January, 1644; and upon Consideration had by their Lordships as well of the said Bonds remaining in the Hands of the Clerk of this House, and of the Bond of One Hundred Thousand Marks, and of the several Declarations and Articles concerning the same respectively, and of the Accompt then produced by Sir Thomas Dawes, as also of the former Decree and Orders made in this Cause; their Lordships, by Consent of both Parties, did Order, That it should be referred to Sir Edward Leech Knight, John Page Esquire, and Doctor Heath, Three of the Masters of the Chancery attending this House, and unto Auditor Phillipps and Auditor Povey, or any Three of them, whereof One of the Auditors to be One, to take Consideration of the Truth of the said Accompt, and to examine the same, and hear the Exceptions thereunto, and, upon hearing both Parties, to report their Opinion touching the said Accompt, and what doth thereupon remain justly due to the Estate of Sir Abraham Dawes deceased; and for the better clearing thereof, either of the said Parties were to produce before the said Referees, upon Oath, all Books of Accompt, or other Writings whatsoever, resting in the Hands or Power of them, or either of them, or of any other in Trust for them or either of them respectively, which did any ways concern the said Accompts; and the said Referees might, by the said Order, take Consideration of any other Matter of Writing, or Testimony of Witnesses to be sworn at the Bar of this House, for the clearing of any Thing they should hold material touching the said Accompt; and the said Bond of One Hundred Thousand Marks was also, by Consent of the said Mr. Jennings, to be forthwith brought to the Clerk of this Court, to remain in his Custody until the said Certificate should be returned, and this Court take further Order therein; and as touching the said Five Bonds, the same were also to remain as they were, until their Lordships should give further Order therein, after the Return of the said Certificate: And their Lordships did then declare, That, upon the Return of the said Certificate, they would give further Order, as well touching the delivering out of the said Five Bonds, as against whom, how far, and for what Sum or Sums of Money, the said Bond of One Hundred Thousand Marks should be sued and made Use of on the Behalf of the said Sir Thomas Dawes, as by the said Order, subscribed by both the said Parties, appeareth; according to which said Order, the said Thomas Jennings did bring the said One Hundred Thousand Marks Bond to the Clerk of this Court; and the said Referees were attended by both Parties, and the Books, Accompts, and Writings produced before them, and some Witnesses sworn and examined, and according to the said Order of Reference, by Consert as aforesaid; and afterwards the said Five Referees did return their Certificate into this House, under their Hands, dated the 28th of April last, in these Words; (videlicet),

"28th of April, 1645. Inter Thomam Jennings Ar. pro Joh'e Latch Ar. Pl't. & Tho. Dawes Mil. Executor. Abraham Dawes Mil. Defend't. According to an Order of this Honourable House, dated the 21th Day of July last, we have, at several Times, in the Presence of both Parties, taken into Consideration the Accompt mentioned in the said Order, and have examined the same, and heard the Exceptions thereunto; and we find, and it is so confessed by Sir Thomas Dawes, upon the producing of his Father's Books of Accompts, that the Four Bonds mentioned in the said Accompt, the First whereof is dated the 5th of February, 1635, for Twelve Hundred Pounds Principal; the Second dated the 16th of March, 1636, for One Thousand Pounds; the Third, dated the 18th of April, 1637, for Fifteen Hundred Pounds, are the self-same Bonds remaining now with the Clerk of this Honourable House; and the Four several Sums mentioned in the said Accompt, amounting to Five Thousand Pounds, are the same respective Sums contained in the said Bonds; and we are of Opinion, that the said Bonds were entered into by the said John Latch for so much Money received by him from Sir Abraham Dawes: And we find likewise that there is One other Bond of Ten Thousand Pounds, which was entered into by the said John Latch and others to the King's Majesty, the 2d of May, 1637, conditioned for the Payment of Five Thousand Pounds to Sir Abraham Dawes the 6th Day of the same Month; which Bond, we are of Opinion, was but for One and the same Sum of Five Thousand Pounds mentioned in the other former Bonds and in the said Accompt; and that there was no other Money delivered upon that Bond: After all which, we find there is an Indenture under Sir Abraham's Hand and Seal, dated the 19th of May, 1637, wherein he doth declare, That the true Intent and Meaning was, that the said Five Bonds should be entered into upon Trust only, it being before-hand agreed between them, that the said Five Thousand Pounds should be conveyed by the said John Latch unto another Person, for doing certain Business for the said Sir Abraham, which he therein acknowledgeth are partly done, and partly not yet accomplished; but that the said Bonds should not oblige the said John Latch for Re-payment of the said Monies to the said Sir Abraham Dawes, but should be made Use of for the Advantage and Good of the said John Latch; and we find that there is another Declaration, signed by Sir Abraham Dawes, 9 November, 1637, wherein it is recited, That whereas he hath delivered several Sums of Money, amounting to Five Thousand Pounds, to the said John Latch, to be disposed of for certain Occasions of the said Sir Abraham's; all which Monies he doth therein acknowledge the said John Latch hath delivered over and paid according to his Directions; and although Sir Abraham had been disappointed of his Expectation, yet he doth acknowledge that Mr. Latch had dealt faithfully and friendly with him through the whole Business; and therefore the Securities taken from him upon the Delivery of the said Monies shall as faithfully be made Use of for his Benefit and Advantage, according as thereto by Articles was agreed between them; that whereas Mr. Latch had trusted much Money unto Sir Phillibert Vernatt, which he might the better secure if he were able to undertake the Residue of Sir Phillibert's Debts, Sir Abraham doth promise, That, if Mr. Latch will make good unto him the abovesaid Five Thousand Pounds out of Sir Phillibert's Estate, he will enable him to undergo the said Debts; and 6to Decembris following, there are other Articles between them, under Sir Abraham's Hand and Seal, wherein Mr. Latch doth undertake, That himself, together with Sir Phillibert Vernatt, Thomas Jennings, and Joseph Latch, shall, before the 20th Day of the said Month of December, give Security, by Bond of One Hundred Thousand Marks to the King, for the Payment of Forty-seven Thousand Two Hundred Fifty-five Pounds, Three Shillings, and Four Pence, unto the said Sir Abraham Dawes, by several Payments, in Five Years, as are therein expressed; and that, for the better Security of the said Payments, Sir Phillibert should convey to Sir Abraham and his Heirs One Thousand Nine Hundred and Six Acres of his Part in the Level of Hatfeild Chase, and Six Thousand Acres in the Great Level, with some other Lands; [ (fn. *) and Sir Abraham] was to discharge certain Debts of Sir Phillibert's, for which Mr. Latch stood engaged, mentioned on the Back Side of the said Articles, which Debts are there said, together with the Interest and other Charges, to amount to Four Thousand Pounds; and Sir Abraham was to furnish the said Mr. Latch with so much more Money as should make the Money which the said Mr. Latch did and had under taken to be paid to the said Sir Abraham to be Fourteen Thousand Pounds, which, with the Twentyfour Thousand Pounds aforesaid, didth make Thirty-eight Thousand Pounds; and that Sum in present Money is there said to amount to above the said Forty-seven Thousand Two Hundred Fiftyfive Pounds, Three Shillings, and Four Pence, to be paid in Five Years as aforesaid; and further, it is there agreed, that the said Sir Abraham shall make no other Use of the Security thereby intended, or that already he had, but only for the reimbursing and disengaging of himself of what he shall lay out, or become engaged for the said John Latch, and that likewise, out of the Estate of the said Sir Phillibert Vernatt, but to be recovered at the Charges of the said John Latch; and if it cannot be so recovered, then the said John Latch was to make it good out of his own Estate; by which last Agreement, we are of Opinion, that the said Sum of Five Thousand Pounds, formerly charged by the Declaration of 19th May, 1637, and 9 Novembris, 1637, is now again become a due Debt to Sir Abraham Dawes, he performing the said Agreement; but because we do not find that Sir Abraham did perform that last Agreement, nor paid any of the Debts mentioned on the Back Side of it, nor furnished Mr. Latch with any Monies upon it; therefore we are of Opinion, that the said Four Bonds, and the Sums therein mentioned, amounting to Five Thousand Pounds, and the said Bond of Ten Thousand Pounds entered into unto the King, should now stand as they did before the said Agreement made 6 Decembris, 1637; that is to say, discharged as to Sir Abraham Dawes, but to be made Use of only for the Benefit of Mr. Latch, according to the former Declarations, of 19 Maii, and 9 Novembris, 1637; and therefore we are of Opinion, That the said Sum of Five Thousand Pounds ought to be deducted out of the said Accompt of the 24th of June, 1639, together with the Interest, as not due to the Estate of Sir Abraham Dawes; and that the said Five Bonds should be delivered up, to the Use of the said Mr. Latch: And as concerning the Sum of One Thousand Pounds charged in the said Accompt, Numero 7, upon Mr. Latch, as Money for which Sir Abraham stands bound at Mr. Shallcrosse's, 6to Decembris, 1637, being Part of Three Thousand Pounds; we find that there was Three Thousand Pounds taken up on that Day at Mr. Shallcrosse's in Five several Sums, for which Five several Bonds were given, in which Bonds Sir Abraham Dawes is first named, Sir Thomas Dawes second, and Mr. Latch the last; and Mr. Shalcrosse having been sworn before your Lordships, and now examined by us in the Presence of Sir Thomas Dawes, doth affirm upon his Oath, That Sir Abraham paid the Interest, and afterwards paid the Principal, and he knoweth nothing that Mr. Latch had any Part of the Money; and further, all the said Bonds were produced before us by Sir Thomas Dawes, in whose Custody they were, and are all cancelled: So we, finding nothing to move us that this Thousand Pounds ought to be charged upon Mr. Latch, are of Opinion, That it ought likewise to be deducted, together with the Interest, out of this Accompt: And as concerning the Sum of One Thousand Pounds mentioned in the said Accompt, Numero 6to, to be lent to Mr. Latch, 25th May, 1637, we find, and are of Opinion, That it is due to the Estate of Sir Abraham Dawes, but owing by Sir Phillibert Vernatt, out of whose Estate, we are of Opinion, it ought to be paid, with the Interest, but not to be charged upon this Accompt, nor upon the Estate of Mr. Latch: So the Total of the Principal Sums which we are of Opinion ought to be deducted out of this Accompt doth amount unto Seven Thousand Pounds; Total of the Interest charged in the said Accompt to be due for the said Seven Thousand Pounds, which we are of Opinion is likewise to be deducted, One Thousand Two Hundred Eighty Pounds, Five Shillings, and Ten Pence; Total of the Principal and Interest to be deducted, Eight Thousand Two Hundred Eighty Pounds, Five Shillings, and Ten Pence; so there remains due, upon the whole Accompt, from the said Mr. Latch, to the Estate of the said Sir Abraham Dawes, the Sum of One Hundred Pounds, Six Shillings, and Five Pence: All which we humbly certify and submit to the great Wisdom of this Honourable House. Edward Leech, John Page, Thomas Heath, Francis Phillipps, Justinian Povey."

"As by the said Certificate remaining amongst the Records of this High Court appeareth.

Which Certificate being so returned; this Day was appointed by their Lordships for hearing of the Parties thereupon; at which Time the said Sir Thomas Dawes and Thomas Jennings appeared, with their Counsel, at the Bar; and the said Sir Thomas Dawes, as well by his Counsel now, as by a former Petition by him exhibited, desiring that, before the said Certificate be decreed, the said Mr. Latch might himself appear, and answer a Bill to be preferred against him by the said Sir Thomas Dawes touching the Matters so certified; their Lordships finding that the said Thomas Jennings, by several former Orders of their Lordships, made upon Debate of Counsel on both Sides, was allowed a proper Party to prosecute this Cause; and for that the said Thomas Jennings is bound in the said Bond of Ten Thousand Pounds, and so is thereby concerned in Point of Interest, and besides standeth bound in several other great Sums of Money for the said John Latch; and their Lordships also taking into Consideration, that the said Certificate was made, in Pursuit of an Order, by Consent between him and the said Sir Thomas Dawes; and that the said Thomas Jennings, in Pursuance of the said Order, by Consent, hath for his Part returned the said One Hundred Thousand Marks Bond, which was delivered unto him by virtue of the said former Decree, into the Hands of the Clerk of this Court; did not think fit, for the Reasons aforesaid, and in respect nothing hath been offered on the Part of the said Sir Thomas Dawes, to impeach the Matter of the said Certificate, to delay the confirming thereof: It is therefore, this present Wednesday, being the Eleventh Day of February, 1645, in the One and Twentieth Year of the Reign of our Sovereign Lord Charles, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. Ordered, Adjudged, and Decreed, by the Right Honourable the Lords in Parliament assembled, That the said Certificate, and all the Matters and Things therein contained, be ratified and confirmed by the Authority of this High Court; and all Parties to be concluded thereby, touching the Matters therein contained: And forasmuch as thereby, as also by the several Declarations under the Hand and Seal of the said Sir Abraham Dawes heretofore read before their Lordships, it appeareth that the said Five Bonds in Question do remain only in Trust, and to be made Use of for the Benefit of the said John Latch; it is also Ordered, Adjudged, and Decreed, by the Authority aforesaid, That the said Five Bonds shall be, by the Clerk of this Court, delivered out to the said Thomas Jennings, for the Use of the said John Latch; as also the said Bond of One Hundred Thousand Marks, to be made Use of, and put in Suit, for the several and respective Purposes in the said former Decree mentioned and expressed; which their Lordships do now again ratify and confirm in all Points."

House adjourned till 10a cras.

Footnotes

* Sic.
Origin. speedy.
Deest in Originali.
* Origin. in.
Origin. Conference.
Origin. that.
* Deest in Originali.
* Origin. Commissioners.
Origin. that.
Origin. Bainbow.
* Origin. have.
* Sic.
* Origin. partly.
* Bis in Originali.