House of Lords Journal Volume 4: 7 July 1641

DIE Mercurii, videlicet, 7 die Julii.

PRAYERS.

Partridge's Witness to be examined.

Ordered, That Sir Edward Leech, Dr. Bennett, Dr. Littleton, or any Two of them, shall examine the Witnesses in Partridge's Cause on both Sides, and shall seal up the said Depositions, and return them to the Clerk of the Parliament, to be kept until the Hearing of the Cause before the Lords Committees for Petitions.

Osbaston's Order about his Living.

Ordered, That all such Monies not received by Dr. Weemes as Parson of Whethampsteed, or by Dr. Lacy as Prebend of Westm. as are or have been any ways due unto Lamberd Osbalston, Clerk, by Rents, Stipends, or Dividends, during all the Time of his Absence, shall (by virtue of this Order) be paid unto him the said Mr. Osbalston, or his Assigns, upon Sight of this Order; and (fn. 1) they in whose Custody all such Monies are, are to take Notice of this Order, and obey the same accordingly.

Order between Dutton and his Wife.

Whereas this House made a former Order, That Gyles Dutton, for refusing to cohabit with Francis Dutton his Wife, or allow her and her Children any Maintenance, should settle upon her Fifty Pounds per Annum, to be paid by Sir Ralph Dutton, during the Life of the said Gyles Dutton, for the Maintenance of the said Francis Dutton and her Two Children, until he should shew (fn. 2) Cause to the contrary at a certain Day, mentioned in the Order, which the said Gyles Dutton hath willfully neglected to do though he hath (fn. 3) had Notice given him by virtue of their Lordships Orders. Hereupon this House doth ratify their former Orders in this Business, and doth command that they be performed in all Points.

Order between Stoddard and his Sisters.

Ordered, That the Earls of Dorsett, Warwicke, and Stamford, are to be attended, and humbly desired (by virtue of this Order) to mediate a peaceable and friendly Composition and Agreement between Mr. Stoddard and his Three Sisters, touching and concerning their several Maintenance during their Lives; but, in Case the said Mr. Stoddard shall refuse to perform such Things as their Lordships shall think reasonable to be agreed unto, then their Lordships are to make Report thereof unto this House, which will proceed therein according to Justice and Equity.

Trial of Lord Morley.

Ordered, That the Committee for Privileges do appoint a Day for the Trial of the Lord Morley, and likewise consider of the Manner of the said Trial, and report the same to this House.

Smart versus Sir Wm. Middleton.

Ordered, That the Bond given by Mr. Smarte unto Sir William Middleton shall be brought in to the Clerk of the Parliament; and the Differences between them are hereby referred to be composed and ended by the Earl of Stamford.

Order about the Goods of Abbott and his Creditors.

Whereas an Order of this House was made, and served upon the Masters of the Two Ships called The William and Thomas, and The London of London, for the Delivery of Goods of Abbotts, Merchant, which were seized by the King's Extent, and appointed to be landed in the Customhouse, for the satisfying of His Majesty's Debt in the First Place; which the Masters of the said Ships refusing to do, pretending they were threatened and forbidden to do it by the Commissioners of Bankrupts: Hereupon it is Ordered, That the Goods of Edward Abbott, mentioned in an Order of this House, dated the 29th of June last, shall be brought into His Majesty's Custom-house at London, upon Sight hereof; and that, the Seizure of the said Goods being taken off by Consent, the said Goods shall be liable to the King's Extent, for the Payment of His Majesty's Debt of Twelve Thousand Pounds first; the rest of the said Goods shall be safely kept there, and shall be answerable to the Claim of the Creditors according to Law; and lastly, that the Masters of the said Ships shall forthwith be paid their Freight for bringing over of the said Goods.

Sutton Marsh.

Next the Counsel of the Lord Phillip Herbert and others were heard further concerning the Business touching Sutton Marsh; and, after they had fully ended the Evidence of their Title, and prayed to be restored to the Possession of the Mesne Profits of the said Lands, it is Ordered, That the Counsel of the Earl of March shall be heard on Saturday Morning next, only concerning new Matter.

Rookewood to be examined concerning his scandalous Words against The States of Holland.

Then the Earl of Warwicke, Earl of Stamford, and the Lord Bishop of Lincoln, were appointed by the House to examine Edmund Rookewood (now a Prisoner in The Fleet, committed by this House), upon the Articles and Interrogatories presented to this House from The States Ambassador; and their Lordships have Power to send for Rookewood out of The Fleet.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 8^m diem instantis Julii, hora nona, Dominis sic decernentibus.