DIE Veneris, 8 die Martii.
PRAYERS, by Mr. Greene.
Lords present this Day:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Upon reading the Petition of George Manley; shewing,
Mr. Manley's Petition.
"That his Father Sir Ric'd Manley agreed, upon
his Marriage, to settle an Estate, and made an Assurance in Part of Performance; but afterwards, growing aged, was misled by a Second Wife to disinherit
the Petitioner, and avoid his own Agreement, casually
got the Deed, and canceled it, and contrived secret Estates to disable himself from performing his Agreement: For Relief wherein, the Petitioner Eliz. was
an humble Suitor to this House, and a Bill in the
Court of Chancery depends; which Cause, after many Attendances by the Petitioner with Counsel and
Witnesses, the Lords Committees for Petitions thought
fit to retain it for your Lordships own Judgement,
and were pleased, 26 Jan. 1641, to Order, That all
Proceedings at Law and in Chancery should rest till
your Lordships gave further (fn. *) Order; since which
Time, the Petitioner's Witnesses are absent in several Parts, and, by reason of the Troubles of the
Times, cannot suddenly be produced; and the said
Sir Ric'd Manley (fn. †) himself being a Delinquent, and
committed by the Parliament for the same, hath
procured one Thomas Manley to petition your Lordships to dismiss the Cause against Sir Richard Manley; though he be no Party to the former Proceedings, and so, if he have Right, cannot be prejudiced.
"Now, for that the Petitioner, relying upon
your Lordships Order, did not formerly
examine his Witnesses in Chancery, and
cannot now produce them; and for that,
if Thomas Manly have a Title at Law, it
is pendente Lite, and claims under the Defendant Sir Ric'd Manley, and had Notice of
the Suit and your Petitioner's Title and
Trust, would thereby prevent your Lordships
Justice; and in respect Sir Ric'd Manley is
very obstinate, and a Delinquent, and committed; if Thomas Manley recover at Law,
which he much endeavours, your Petitioner
(fn. †) is hopeless of any Remedy: Therefore the
Petitioner's humble Suit is, that their Lordships would please to renew and confirm
the former Order, to continue the Cause
for your own Hearing."
Hereupon this House granted the Prayer of the Petition, as is desired.
Ordinance for Mr. Vynes to be Minister of St. Clementssent to the H. C.
The Ordinance was read, and approved of, for appointing Mr. Vynes to have the sole officiating the Cure
of Clements Danes; and a Message was sent down to
the House of Commons, by Sir Edward Leech and Dr.
Aylett, to deliver the said Ordinance, and desire their
Ordinance for raising Money for the Four Counties under Sir William Waller.
Next, the House was adjourned into a Committee
during Pleasure, to take into Consideration the Ordinance concerning the Four associated Counties, of
(fn. *) which Sir Wm. Waller is Serjeant Major.
And the House being resumed;
It was reported, "That the said Ordinance is fit to
pass, with some Amendments:"
Which being read, it was Agreed to with the Alterations, and Ordered to be sent down to the House
of Commons, to desire their Concurrence in the said
An Inventory to be made of the Wardrobe at Windsor.
It was moved, "Whereas there is a Wardrobe at
Windsor, in the Custody of Colonel Ven, That an
Inventory may be taken of it, whereby they may not
be embezzled:" It is Ordered, to the End that
His Majesty's Goods in the Wardrobe at Winsor may
not be embezzled nor taken away, that Colonel Ven and
Will. Thomas, by the Book now in the Custody of Mr.
Pindar, or his Servants in London, and such others as
the said Colonel and Wm. Thomas shall think fit to call
unto them for their Assistance and doing thereof, shall
make a perfect Inventory thereof in Writing under their
Hands, and return the same to both Houses of Parliament.
Ordered, To send to the House of Commons, to
desire their Concurrence in this Order.
Covenant to be tendered to the Army.
Whereas, by Instructions for taking of the Covenant, a Letter is to be written from both Houses of
Parliament, to desire the Lord General and the Lord
Admiral &c. to tender the Covenant to the Officers in
the Army: It is Ordered, To send to the House of
Commons, to desire that they will send up a Letter
ready drawn, and this House will be ready to join with
Message to the H. C. about it, and the Two preceding Articles.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfield and Dr. Aylett:
To desire their Concurrence in the Alterations concerning raising Monies in the Four associated Counties
of Kent, &c.
2. To desire their Concurrence in the Order for
taking the Inventory of the King's Goods at Windsor.
3. To desire that they will think of drawing of a Letter, to be sent to the Lord General, from both Houses,
to tender the Covenant to the Commanders in the
Report upon the Petition of John Cooke.
This Day was reported, "That the Committee for
Petitions, upon Consideration had of the Petition of
John Cooke, in Presence of the Lord Bishop of Durham, it appearing to their Lordships that Tymothy
Cooke, the Petitioner's Father, died the 9th of July
1636, seised of certain Lands in Red Marshall, in
the County Palatine of Durham, of One Hundred
and Twelve Pounds per Annum, held of the Lord
Bishop in Knights Service, the Petitioner being then
but of Nine Years of Age; his Mother and Friends,
within Six Days after the Death of the said Father,
desired to compound for the Wardship; but the Lord
Bishop granted it to one Henry Blackeston, his Servant, in Marriage with his Niece, but reserved Power
in himself to make such Provision for the Ward's
Maintenance as was fitting; and did from Time to
Time treat with the Petitioner's Mother and Friends
about the compounding for the Wardship and allowing of Maintenance, as if the said Wardship, had
not been granted to the said Blackeston: Nevertheless
the Officer of the said Lord Bishop and the said
Blackeston have ever since received all the Profits of
the said Lands, which do amount to above the Sum
of Four Hundred Pounds, but no Penny of Allowance hath been yet given for Maintenance or Education of the Ward out of the same, but he cast upon
the Charity of his Friends.
"Whereupon their Lordships thought fit that Forty
Pounds per Annum should be answered and paid to
Thomas Gregson or his Assigns, during the Minority
of the said John Cooke, for the Ward's Use, Halfyearly, at Michaelmas and The Annunciation, and the
Arrears answered after that Rate ever since the
Death of the said Tymothy Cooke; but, because Mr.
Blackeston doth reside much beyond the Seas, and is
an obstinate Recusant, as the said Lord Bishop himself confessed, and so unfitting to have the Custody
of the Body or Lands of the Ward; their Lordships Order, That the said Arrear and growing Rent
or Allowance of Forty Pounds per Annum be levied
and received out of the Rents and Profits of the said
Ward's Lands; and, after the same is fully satisfied,
the said Lord Bishop, his Grantee and his Assigns,
shall hold the Lands during the Minority, conditionally no Waste be committed, nor any Ground
plowed up, more than now is in Tillage, nor any
Spoil or Destruction made of the Premises, or any
Pembroke & Mont.