House of Lords Journal Volume 8: 4 December 1645

Die Jovis, 4 die Decembris.

Prayers, by Mr. Hickes.

Ds. Grey de Warke, Speaker.

Sir W. Russell & al. versus Lenthall & al.

Ordered, That the Cause between Sir Wm. Russell and others, Plaintiffs, against Thomas Lenthall and others Defendants, shall be heard, at this Bar, on Thursday the 11th of this Instant December, by their Counsel; and that all Proceedings in this Cause between the said Parties, in the Delegates, shall stand and remain without any farther Proceed, until the said Cause shall be heard by their Lordships, and the farther Pleasure of this House be signified.

Ordinance to settle Pensions on the Servants of the King's Children.

The Ordinance sent up from the House of Commons, for settling Pensions upon the Servants of the Duke of Glouc. and the Princess Elizabeth, read the First, Second, and Third Time, and passed.

A List of the several Pensions was read, and approved of by the House. (Here enter them.)

Message to the H. C. for Drayton to be Minister of Chart;

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

To desire their Concurrence, that Mr. Francis Draiton Clerk may be presented to the Parsonage of Little Charte, in the County of Kent; and that Sir Nath. Brent may give him Institution and Induction.

for the Assembly of Divines to expedite the Catechism, &c.

2. To put them in Mind of the Order sent down to them, for quickening the Assembly of Divines, in hastening the Catechism; and for the Assembly to meet at Nine a Clock.

and about the following Particulars.

3. To put them in Mind of the Business of Ireland.

4. To recommend the Petition of the Wives and Widows of the Waggoners to the Army and the Train of Artillery.

5. To recommend the Petition of Poyer, Mayor of Pembrooke.

6. To put them in Mind of the Ordinance for making James Mortimer a Serjeant at Arms.

Howet, Legay, & al. Judgement.

This Day the Lords took into Consideration [ (fn. 1) the Evidence given Yesterday] against Tho. Howett, Peter Legay, Peter Mackerell, and Edmond Butler; and gave Judgement thereupon. (Here enter the Judgement.)

Order to be executed in the Cause of Ihannes versus Fairfax and Legay.

Ordered, That the Sheriffs of London do give their Assistance to the Officers in putting into due Execution the Orders and Decrees of this House, made in the Cause of Wm. Ihannes, against Fairfax and Legay; and that the Officers do give Account thereof to this House.

Conference about Propositions for Peace; the Forces near Newark, &c.

Ordered, That the Report of the Conference with the House of Commons Yesterday shall be made Tomorrow Morning.

And it is Ordered, That the Earl of Lyncolne, Earl of Manchester, Ds. North, and Ds. Robertes, shall, upon what hath been heard at this Bar, and reading of the Certificate, and upon the Debate of the House, draw and prepare an Order, and present the same to this House.

Mr. Justice Recves and Mr. Justice Bacon to attend the said Committee.

Any Two, to meet when they please.

Bristol Garrison.

The Establishment for the Garrison of Bristoll was read, and Agreed to. (Here enter it.)

Sir R. Cook's Petition.

Upon reading the Petition of Sir Robert Cooke Knight: (Here enter it.) It is Ordered, That the Consideration of the same be referred to the Committee of Lords and Commons for Sequestrations; and that the Concurrence of the House of Commons be desired herein, that they would do the like.

Howet & al. Judgement.

Ordered, That the Earl of Sarum, Earl of Lyncolne, Lord Viscount Say & Seale, Ds. Robertes, and Ds. Willoughby, are appointed to prepare the Judgement in Form, pronounced this Day against Howett, Legay, Butler, and Mackerell; and report the same to this House. Any Two to meet.

The Ordinance for Two Thousand Pounds, out of the Receipts of the Excise, passed this Day at the House of Commons. (Here enter it.)

Ordinance for Pensions for the Servants of the King's Children.

Whereas the Lords and Commons assembled in Parliament have thought sit to reduce the Houshold of the King's Children, and thereupon to provide for the necessary Maintenance of the Servants of that Family: It is therefore hereby Ordained, by the said Lords and Commons, That the several Sums or Pensions of Two Hundred Pounds per Annum to Sir Theodore Meyherne, of One Hundred Pounds per Annum to Doctor Collidon, of Two Hundred Pounds per Annum to Nicholas Bond Esquire, of Four Hundred Pounds per Annum to John Humfrey Esquire, during their Natural Lives, or until they shall be re-invested in their several Places, together with the Sum of Three Thousand Three Hundred and Twentyfive Pounds, Four Shillings and Eleven Pence per Annum, for the Pensions of the rest of the Servants of the late Houshold, during their Natural Lives respectively; or until they shall be re-invested in their several Places, shall be paid to the said Sir Theodore Meyherne, Doctor Collidon, Nicholas Bond, John Humfrey, and their Assigns; and for the rest of the said Servants of the said late Houshold, to Cornelius Holland Esquire, for the Use of the said Houshold Servants; to be distributed according to a Schedule agreed upon and subscribed by the Committee for the regulating the Family of the King's Children, out of the Monies arising and accruing, and to arise and accrue, to the King and Parliament, for or by reason of the Court of Wards and Liveries, or to be paid in Consideration of taking away of the said Court: And if, upon any further Ordinance or Act of Parliament, the Revenue of the said Court of Wards, or Composition for the same, should fail, or be otherwise disposed of, then the Sums to be paid out of the rest of His Majesty's Revenue, according to this Ordinance, by the Committee or Treasurers of the said Revenue, at or upon the 29th Day of September, the 25th Day of December, the 25th Day of March, and the 24th Day of June, by equal Portions, respectively; the First Payment thereof to be paid and commence from the 29th Day of September last past: And the Receiver of the said Court of Wards and Liveries for the Time being during the Continuance of the said Receipt, and such other Person and Persons as shall hereafter be appointed to receive the Monies or Revenue to be answered and paid for or in Lieu of the Monies and Revenues now accruing by reason of the said Court, and every of them, are hereby required and authorized to issue and pay the said Sum or Pensions to the said respective Persons, and every of them, and their Assigns, according to the true Meaning and Purport of this present Ordinance; and the Receipt or Receipts of the respective Persons hereby appointed to receive the same shall be to the said Receiver, and every other Person and Persons to whom it shall or may appertain, a sufficient Warrant for the Payment thereof: And it is hereby further Ordained, That the particular Receipts or Acquittances under their Hands, of the Servants of the Houshold, or their Assigns, to whom the Sum aforementioned of Three Thousand Three Hundred Twenty-five Pounds, Four Shillings, and Eleven Pence, is to be distributed, shall be a sufficient Discharge to the said Cornelius Holland, or his Assigns, for passing the same, or so much thereof as he shall from Time to Time receive, according to the Schedule so agreed upon and subscribed, as is before mentioned.

"The Names of those Servants that did lately attend the Duke of Gloucester and Princess Elizabeth, with such Pensions as are Yearly to be allowed and paid them; (videlicet,)

The Names of those Persons who were formerly put from their Attendance on the Duke of Gloucester and Princess Elizabeth.

Some of the Prince his Highness' Servants that continue in and about London and Westm.

A List for the Daily and Monthly Pay of the Officers and Soldiers belonging to the Garrison of Bristoll.

Sir R. Cooke's Petition, to be released upon Bail, and for his Estate to be cleared.

To the Right Honourahle the Lords and Commons in Parliament assembled.

The humble Petition of Sir Robert Cooke Knight;

Humbly sheweth,

That whereas the Petitioner was, by Order of the Honourable House of Commons, of the Ninth of March, 1642, committed to The Tower, where he hath remained Prisoner ever since, and afterwards was assessed Two Thousand Pounds for his Twentieth Part; which, in respect he was much indebted, and only Tenant for Life, and so unable to pay, his Estate was sequestered, and the whole Two Thousand Pounds levied; and thereupon the Sequestration, by Order of the Seventh of October, 1644, discharged; the Petitioner then, hoping to be restored to his Estate, found the same anew sequestered, by Order of the Honourable House of Commons, of the 14th of the same October: For Relief therein, he prepared his humble Petition to that Honourable House, and endeavoured to have had the same delivered, and doubted not but to have had just Relief therein, had not the more weighty Affairs of the Kingdom prevented the Delivery thereof.

Now, forasmuch as the Petitioner's Estate hath satisfied all Taxes and Assessments, and he humbly conceiveth he is no Way guilty of any Act that makes him within any Ordinance for Sequestrations; and for that the Petitioner is much indebted, for which Cause he hath had a Bill long depending in Parliament, to enable him to sell Part of his Lands, to pay his Debts, which now, by reason of his long Imprisonment and Sequestrations, are much increased.

Therefore the Petitioner's humble Suit is, that this Honourable Assembly would be pleased to appoint some Course for the Petitioner, and to examine his Cause, and determine therein what shall be agreeable to Justice upon the Ordinance of Parliament; and, in the mean Time, to enlarge his Person upon Bail, that so he may in some Measure be enabled to pay his just Debts, maintain himself and Family, and preserve his Health, who otherwise, together with his Creditors that are many, will suffer much Misery and Distress.

"And your Petitioner shall pray, &c.

"Robert Coke."

Ordinance for the Commissioners of Excise to reimburse themselves 2000£. advanced for the Province of Munster.

Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Thousand Pounds, for the Service of the Province of Munster: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Two Thousand Pounds, together with Interest for the same after the Rate of Eight Pounds per Centum per Annum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts of Excise, by Ordinance of the 11th of September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, or, in Default of such Intervals, then out of the Receipts of Excise, by Ordinance of the 11th of September, 1643, as the same shall follow in Course; and that the said Commissioners of Excise do pay the said Two Thousand Pounds, by them advanced as aforesaid, unto Thomas Bettesworth Esquire, Agent for the said Province of Munster, whose Receipt shall be their sufficient Discharge in that Behalf: And it is further Ordained, That in case the said Two Thousand Pounds, and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors and Administrators, shall be reimbursed and paid, out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are authorized to make Payment of the said Two Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly."

Adjourn.

House adjourned till 9^a cras.