House of Lords Journal Volume 8: 20 January 1646

DIE Martis, 20 die Januarii.

PRAYERS, by Doctor Wincupp.

Ds. Grey de Warke, Speaker.

Countess of Bedford's House at Woburn exempted from billeting.

Ordered, That the Countess of Bedford shall have a particular Order of this House, to exempt her from having any billeting of Soldiers in her House at Woburne, in Bedfordshire.

Chamberlain versus Nicholls; an Appeal from the Chancery.

Upon reading the Petition of Abraham Chamberlane, of London, Merchant; complaining of a Decree in the Chancery. (Here enter the Petition.)

It is Ordered, That the Cause shall be heard, at this Bar, the Second Thursday after the next Term; and that the Commissioners of the Great Seal shall have Notice of this Petition, and be heard if they shall desire it; and if the Petitioner do not make good by Proof his Allegations mentioned in the Petition, then he shall pay such Damages to those as he complains of as this House shall think fit.

Letter to Colonel Poyntz, to call a Council of War, to try Hardy for the Death of Park.

The Letter to Colonel Poynts was read, and approved of, as follows:

"Colonel Poyn's,

"I am commanded, by the Lords in Parliament assembled, to let you know, it is their Pleasure, That you cause a Council of War to be called, to examine the Death of John Parke, of Millenthorpe, in the County of Westm'land; he being killed, as this House is informed, by Roger Hardy, a Surgeon to Colonel Briggs's Regiment, upon the March of the Forces of the Parliament against the Lord Digby, when he passed those Parts towards Scotland.

"Your very loving Friend,

"Grey of Warke,

"Speaker of the House of Peers, pro Tempore."

Propositions for Peace.

Ordered, That these Lords following shall consider of, and peruse all the Alterations in the Propositions for Peace, and report the same to the House:

Any Five, to meet in the Prince's Lodging Tomorrow in the Afternoon, at Three of the Clock: And Mr. Baron Trevor, Mr. Justice Phesant, and Mr. Justice Rolls, to attend the Committee; and in the mean Time to consider how far the Forfeitures upon Delinquents Estates goes.

Chamberlain's Petition, to reverse a Decree in Chancery, obtained by Nicholls against him.

To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Abraham Chamberlayne, of London, Merchant;

"Sheweth,

"Whereas Raph Nicholls and Elizabeth his Wife did exhibit their Bill of Complaint in Chancery, against Constance Askwith and your Petitioner, as Executors of Nicholas Askwith Esquire, to be relieved for a Legacy of One Hundred and Fifty Pounds; and the Point in Issue being "Asset or no," and referred to Doctor Aylett; he, by One Report, allowed your Petitioner nothing for Funerals, not so much as a Coffin, Winding-sheet, or Church Duties; but Fortyeight Pounds, being no more than the Testator having by his Will disposed to Fourscore Men to wait on him at his Funeral, he being an Esquire, and a Citizen of London, of special Rank, Quality, and Estate, and having many Children, Grand-children, Kindred, Friends, and Servants, that in Mourning attended his Funeral, according to common Course and Custom at that Time. The Testator, by his Will, ordered his Funerals to the Discretion of his Executors, who was his Wife and Son-in-Law your Petitioner. The Wife ordered all, and afterwards your Petitioner was enforced to pay.

"And afterwards the said Doctor Aylett, by a latter Report, allowed your Petitioner Three Hundred Forty-seven Pounds, and Sixteen Shillings, which he truly paid and disbursed, and so no Assets; which the Courts reduced to One Hundred Pounds, and decreed your Petitioner to pay One Hundred and Fifty Pounds to the Plaintiffs, whereas there are divers other Legacies unpaid: By which Decree your Petitioner conceives himself grieved, and humbly offers these ensuing Exceptions:

"1. In that what was truly expended and paid by your Petitioner for Funerals as aforesaid is not allowed him.

2. For that there being divers Legacies to a great Sum which are unpaid, yet the whole Legacy of the Plaintiffs in Chancery is decreed without respect to the other Legacies, whereby your Petitioner may be doubly charged; in regard that, if some Assets be in his Hands, the Legacies ought to be proportionably paid, and not all to one, and none to another; which Right of the Legatees your Petitioner feareth, (fn. 1) and ought not to be hindered by the said Decree.

"Your Petitioner humbly prays the same may be by your Lordships reviewed and reversed, and your Petitioner discharged from all Contempts for not obeying the said Decree; and further to be relieved as to your Lordships shall seem meet.

"And your Petitioner shall ever pray, &c.

"Abraham Chambrelan."

Adjourn.

House adjourned till 9^a cras.