House of Lords Journal Volume 7: 24 December 1644

DIE Martis, 24 die Decembris.

PRAYERS, by Mr. Young.

Ds. Grey de Warke, Speaker this Day.

Answer from the H. C.

Sir Edward Leech and Dr. Aylett return with this Answer from the House of Commons:

That they will give a Free Conference, at Ten a Clock this Day, as is desired.

Message from thence, to expedite the Ordinance to exclude Members from Offices.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

To desire their Lordships would pass the Ordinance concerning the Members of both Houses.

The Answer returned was:

Answer.

That their Lordships will send an Answer by Messengers of their own.

Sir John Hotham's Petition for a further Respite.

The Petition of Sir John Hotham Knight and Baronet, was read; shewing,

"That he being exceedingly sensible that he lies under their Lordships just Displeasure, besides many other grievous Burthens, which have discomposed his Mind from that just Temper in which he is desirous to depart this Life; and seeing that his Son's Trial is not yet perfected, the doubtful Issue of which hath much hindered the Settlement of all his Affairs, and driven him into great Anxiety of Mind, whereby their Lordships Favour of his Ten Days last Reprieve was rendered in some Measure less fruitful to him.

"He humbly therefore prays, that their Lordships would grant him such further Time as in their Wisdoms shall seem expedient.

"Jo. Hotham."

To be sent to the H. C.

Upon this, their Lordships Ordered, to send this Petition to the House of Commons; and desire their Concurrence, that Sir John Hotham may be reprieved until the 6th Day of January next.

Ordinance concerning Chaloner's Wardship.

The Lord Admiral reported, "That the Committee hath considered of the Ordinance concerning the Wardship of Sir Thomas Chaloner's Estate, and think it fit to pass as it is."

Whereupon it was read the Third Time, and Agreed to. (Here enter it.)

Ordinance for excluding Members of both Houses from holding Offices, Civil or Military.

Next, the Ordinance for exempting the Members of both Houses from having any Command in Civil or Martial Affairs, was read the First Time, and Ordered to be read again on Thursday Morning next, at Ten a Clock, at which Time the Lords are to have Notice to attend the House.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Barbor & al. Hertford Committees, sent for, for rating Ld. Hunsdon.

A Warrant, under divers of the Committees Hands of the County of Hertford for the Militia, was read, requiring the Lord Hunsdon to send in a Horse and Man, ready armed, on Thursday the 26th December, to The King's Arms in Hartford, to be listed and put under Command: Which this House held to be a great Breach of the Privilege which belongs to the Peerage of this Kingdom.

Hereupon this House Ordered, That Gabriell Barbor and Tho. Meade, Two of the Committee, shall be sent for, to appear before this House forthwith, to answer the same.

May, for Words against Ld. Say.

Upon the Desire of the Lord Viscount Say & Seale, "That what concerns him upon the Complaint against Robert May, that it may be passed by, he having promised to demean himself better for the future:" Which was Ordered accordingly by this House.

Records, &c. seized in the Chambers of Willis, late Clerk of the Crown, to be delivered to the present Officer.

"Whereas the Committee for Sequestrations in London have lately sequestered the Chambers of Thomas Willys Esquire, late Clerk of the Crown, situate and being in The Inner Temple, and therein have seized divers Records, Books, Writings, and other Things, belonging unto the Crown-office; which said Records, Books, Writings, and other Things belonging to the said Office, are only proper and necessary to and for the present Clerk of the Crown, and cannot be detained from him without manifest and apparent Prejudice and Hindrance to the King and Parliament's Service: It is Ordered, by the Lords in Parliament assembled, That the said Committee for Sequestrations cause all and singular the said Records, Books, Writings, and all other Things belonging to the said Office, to be forthwith delivered unto John Bolles Esquire, now Clerk of the Crown, to whom they do properly belong and appertain."

Ordered, That the Concurrence of the House of Commons be desired herein; and that it be sent to the House of Commons by the next Message.

Message to the H. C. with it, and the Letter from the Queen of Sweden.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and

To deliver to them a Copy of the Letter from the Queen of Sweden and the Regents of that Kingdom.

2. To desire their Concurrence in the Order concerning the Records and Books belonging to the Clerk of the Crown.

Directory for Public Worship.

The House was adjourned into a Committee during Pleasure, to consider of the Directory.

The House was resumed.

And it is Ordered, That this Business shall be taken into further Consideration on Friday Morning next.

Message from the H. C. to refer the Manner of the Treaty to the Committee of both Kingdoms;

A Message was brought from the House of Commons, by Zou'h Tate Esquire, and others;

To desire their Lordships Concurrence in these Particulars:

1. An Order to refer it to the Committee of both Kingdoms, to consider of the Instructions, and Manner of the Treaty, &c.

This House thinks it fit this Business be referred to the Committee of Fourteen Lords and Twentyeight Commoners.

and with Ordinances.

2. An Ordinance for paying Money to the Garrison of Portsmouth. (Here enter it.)

Agreed to.

3. An Ordinance made in August last, for putting all the Forces raised in the associated Counties under the Command of the Earl of Manchester.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning the Garrison of Portsmouth; to the rest of the Particulars, this House will send an Answer by Messengers of their own.

Message to the H. C. to refer the Manner of the Treaty to the former Committees.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield:

To let them know, that this House desires that the Consideration of the Instructions, and the Manner of the Treaty, may be referred to the Committee of Fourteen Lords and Twenty-eight Commoners, which formerly had this Business before them; and that the Scottish Commissioners may be desired to meet with the said Committee this Afternoon, at Four of the Clock.

Order for 2000 l. to the Garrison of Portsmouth.

"Whereas Two Thousand Pounds was to be paid, out of Habberdashers Hall, for the Relief of the Garrison of Portsmouth, out of a Fine set upon a Delinquent referred to that Committee, which said Money cannot so soon be raised out of the said Fine as the Necessity of the Service doth require; and whereas Five Hundred Pounds of the said Two Thousand Pounds is already paid by the said Committee: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Remainder of the said Two Thousand Pounds, being Fifteen Hundred Pounds, shall be paid by the said Committee to Colonel Jephson, for the Arrears due to the Soldiers, and for the Service of the Garrison aforesaid."

Ordinance concerning Chaloner's Wardship.

"Whereas Sir William Challoner, of Gisborough, in the County of Yorke, Baronet, being seised in Fee Simple of the Manor of Gisborough, in the County of Yorke, and of the Manor of St. Uple Cleydon, in the County of Buckingham, did, by his Indenture, dated the 7th of June, in the Tenth (fn. 1) Year of His Majesty's Reign that now is, covenant, for himself and his Heirs, to stand seised of the said Manors, and all other his Lands and Hereditaments in the Realm of England, to the Use of Thomas Chalenor and James Chalenor, their Heirs and Assigns, during his Natural Life; and, after his Decease, until Edward Chalenor, Son and Heir of Edward Chalenor, Doctor of Divinity, deceased, next Brother of the said Sir Will'm Chalenor, should accomplish the Age of Twenty-four Years, if he so long should live; and, after he should accomplish his Age of Twenty-four Years, then to the Use of the said Edward Chaloner the Son, during his Natural Life; and, after his Decease, then to the Use of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Sons of the said Edward Chaloner the Son, and the Heirs Males of their respective Bodies, as they the said Sons respectively should be in Seniority and Age; with the like Remainders in Tail to the said Thomas Chaloner and James Chaloner, and others the Brethren of the said Sir William, limiting the Remainder in Fee of all the Premises of the said Thomas Chaloner and his Heirs; since which Time, the said Sir William Chaloner is dead, the said Edward the Son of Edward his Brother being then and now his next Heir, and under the Age of One and Twenty Years: And whereas the said Thomas Chaloner and James Chaloner, Uncles of the said Edward the Son of the said Edward, have freely advanced towards the Service of the Parliament, and more particularly for reducing of the said County of Buckingham under the Obedience of the King and Parliament, the Sum of Two Hundred Pounds of lawful Money of England:

"Be it Ordained, by the Lords and Commons in Parliament assembled, That in Case there be any Wardship due to His Majesty, either for Body or Lands, of the said Edward Son to the said Edward, by reason of the said Settlement of the Manors or Lands aforesaid, or otherwise as Heir to the said Sir Will'm Chaloner, that he the said Edward the Son of the said Edward be free and exempted, and his said Lands and Hereditaments hereby are and shall be freed and discharged, from the Wardship, as well concerning his Body as concerning his Lands, and from the Single and Double Value of Marriage, and from all Sum or Sums of Money that is accrued, or may accrue, to His Majesty, by reason of the said Settlement or Conveyance, or by reason of his being Heir to the said Sir Will'm Chaloner; and from all other Charges, Fees, Duties, and Expences, accrued, or that may accrue, by reason of the Minority of the said Edward the Son of the said Edward Chaloner; and that the Commissioners for the Great Seal shall, upon Request of the said Thomas and James Chaloner, exemplify, and certify under the Great Seal, as well this Ordinance of Parliament, as the Payment of the said Money."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Mr. Serjeant Whitfield returns with this Answer from the House of Commons, to the Message he carried down this Morning:

That they will send an Answer by Messengers of their own.

Message from thence, to respite Sir John Hotham's Execution.

A Message was brought from the House of Commons, by Sir Henry Chomeley Knight, &c.

To desire their Lordships Concurrence, that the Execution of the Sentence against Sir John Hotham may be respited until Tuesday next.

Agreed to.

Adjourn.

House adjourned till 9^a cras.