DIE Lunæ, 20 die Decembris.
PRAYERS, by Mr. Hicks.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
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
and L. Petre.
Ordered, That the Lord Petre hath Leave to stay
within the Line of Communication, to follow his Occasions; and the Concurrence of the House of Commons
to be desired herein.
Ordinance to raise 50,000 l. for Ireland.
The Ordinance for raising Fifty Thousand Pounds
for Ireland, was read, and committed to these Lords
Any Three; to meet To-morrow, and afterwards
to adjourn to what Time they please.
Hampden's Executors Order.
The Ordinance for Five Thousand Pounds, for the
Executors of Mr. John Hampden, was read, and Agreed
to. (Here enter it.)
The Order for adding Major Sallawey to the Committee for Indemnity, was read, and Agreed to.
(Here enter it.)
The Order for Mrs. Phillipa Corriton, was read, and
Agreed to. (Here enter it.)
The Order concerning Mrs. Abercromie, was read, and
Agreed to. (Here enter it.)
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.
A Message was sent to the House of Commons, by
Doctor Heath and Mr. Eltonheade:
1. To desire their Concurrence, that the Earl of
Shrewsbury may (fn. *) have Liberty to stay within the Lines
of Communication; having many Law Suits, and shortly
to go out of England.
2. To desire Concurrence, that the Lord Petre may
have Liberty to stay within the Lines of Communication;
he having many Occasions to follow.
3. To desire their Concurrence in the Addition to the
Order concerning Colonel Edward Andrewes.
Serjeant Glanvile, Leave to stay in Town
It being moved, "That Mr. Serjeant Glanvill might
have an Order for staying in Town, notwithstanding
the Ordinance of Parliament:"
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:
It is Ordered, That he shall have an Order for
Institution and Induction to the Vicarage of Eaton Socon,
in the said County.
Dunford and Paine.
Upon hearing the Counsel of Payne Defendant, in a
Writ of Error depending (fn. *) 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
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.
And it is further Ordered, That the Plaintiff Dunford shall (fn. *) pay, to the (fn. †) Defendant Payne, Five Pounds
Grey and Brereton.
Upon hearing the Errors argued, by Counsel on
both Sides, in the Writ of Error depending in this
House, between Grey Plaintiff and Brereton Defendant; and upon Consideration thereof by this House:
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.
Upon reading a Report from the Committee of Lords
and Commons for Sequestrations, concerning Mrs. Lower's Case. (Here enter it.)
Nothing was ordered.
Clampe to be Searcher of Lynne.
Upon reading the Petition of Ric'd Clampe Engineer, who hath done very good Service to the Parliament; desiring "he may have the Searcher's Place of
Lynn conferred upon him, now void."
It is Ordered, That an Ordinance be prepared accordingly.
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. ‡) 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. *) 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.
A General Pardon of Course, for the Prisoners in the
Circuit of Oxon, &c. was read, and passed; and the
Concurrence of the House of Commons to be desired
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.
"Resolved, by the Lords and Commons in Parliament assembled,
"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
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
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.
"The Case of Mrs. Lower:
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. *) 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.
Int'r. R. Vaughan."
"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. *) 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,
(fn. *) 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.
"And this I find to be the Petitioner's Case.
"19 Martii, 1646.
"Vera Copia, exam'r per me,
"R. Vaughan, Cler. Com."
"Die Mercurii, 3 Nov. 1647.
"At the Committee of Lords and Commons for
"In the Case of Mr. Lower: It is Ordered, (fn. †) 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.
"Int. R. Vaughan.
"Copia vera, exam'r per