House of Commons Journal Volume 6: 30 April 1650

Die Martis, 30 Aprilis, 1650.

Prayers.

Invalid Soldiers.

THE humble Petition of the Treasurers for maimed Soldiers, was this Day read.

Ordered, That the Treasurers for maimed Soldiers be authorized and required to receive the Five thousand Pounds out of Goldsmiths Hall, towards the Payment of the List called Potter's List; and to make Payment thereof, according to the former Order: And the Qualifications directed, in Proportion, so far as the same will go.

Ely Petition.

The humble Petition of the Inhabitants of the City of Ely, was this Day read.

Ordered, That the said Petition be referred to the Committee for Removing of Obstructions for the Sale of Deans and Chapters Lands; to consider thereof; and to make Report touching the same, when they make other Reports of Business of that Nature.

Officers Petition.

The House, according to former Order, resumed the Debate upon the Petition of the Officers of the Army, presented on Thursday last.

Which Petition was again read.

Earl of Salisbury's Claims.

Mr. Garland reports from the Committee to whom the Business of the Earl of Salisbury is referred, the Case of the Earl of Salisbury, subscribed by Richard Graves, a Consilio pro Republica; viz.

"King James, by his Letters Patents under the Great Seal of England, bearing Date the Thirtieth of May, in the Seventeenth Year of his Reign, for divers good Considerations him moving, of his special Grace, certain Knowledge, and mere Motion, doth give and grant unto William Earl of Salisbury, the Custody of the capital Messuage or House, called Theobalds, and of all Structures, Buildings, Gardens, Orchards, &c.; the Gardens, Houses, Buildings, Lands, Tenements, here afterwards specified to be granted to the said Earl, only excepted: And also the Office of Keeper of several Parks, called Theobalds Park, and Chesthunt Park, and of all Houses, Lodges, and Buildings in the same Parks, and either of them, being: And also the Custody, Supervising, and Preserving of all the Deer in the several Parks aforesaid being, or hereafter to be: And the Office of Steward of the Manor of Theobalds; and of the Manors, Lands, Tenements in Chesthunt; and the Office of Bailiff of the said Manors, and every of them."

"And moreover, of his further Grace, he gives and grants to the said Earl, the whole Herbage and Pannage of the said several Parks, and of every of them, and necessary Wood and Underwood, called Browse-wood, for Browse for Deer, in the said Parks, and in either of them, for the Time being, as often as need shall be, to be cut down; and convenient and necessary Fire-boot in the Lodges, in the said Parks, being to be burnt and expended."

"And the aforesaid Earl of Salisbury, the Keeper of the said House, and the Keeper of the said Gardens and Orchards (except before excepted), and the Keeper of the several Parks aforesaid, and the Steward and Bailiff of the Manors, Lands, Tenements aforesaid, he makes, ordains and appoints to have, hold, and exercise the Custody of the said House, called Theobalds House, and the Custody of the said Gardens and Orchards (except before excepted); and the Custody of the said Parks, and the said Offices, and every of them; and also all and singular other the Premises, &c. to the said Wm. Earl of Salisbury, and his Assigns, by himself, or his sufficient Deputy or Deputies, sufficient for, and during, the natural Life of the said Earl."

"Also he gives and grants unto the said Earl, these Fees following; viz. Eight-pence per diem for the Custody of the said capital House, called Theobalds; and Eighteenpence per diem for the Custody of the said Gardens, &c.; and Twelve-pence per diem for keeping a Gardener, and for the Custody of the said Park called Theobalds Park; and for the Supervising and Preserving of the Deer in the said Park, for the Time being, Twelve-pence per diem; as also Pasture to feed Two Horses, and Twelve Cows, in Theobalds Park aforesaid, from time to time, during the Term aforesaid."

"And for the Custody of the said Park, called Chesthunt Park, and for the Supervising and Preserving of the Deer in the said Park being, Twelve-pence per diem; and Pasture to feed Two Horses and Twelve Cows in the said Park of Chesthunt, from time to time, during the Time aforesaid."

"And, for the Execution of the said Office of Steward, Forty Shillings per Annum; and, for the Execution of the said Office of Bailiff, Forty Shillings per Annum."

"Habendum the said Fees, and all other Fees to the said Office belonging, or of Right accustomed, to the said Earl, and his Assigns, for his Life, at the Feast, &c."

"And moreover, of his further Grace, he gives and grants to the said Earl, all that House or Building called the Laundry, with the Appurtenances, lying near to the said capital Messuage, called Theobalds House; and all those Four Chambers, and one Garret over the said House; and all that the Laundry Yard; and all that House or Kitchen, with the Appurtenances; and all that House called the Old Fish House; and all those Two Houses adjoining to the Laundry; and all that Garden called the Kitchen Garden; and all that Garden called the Laundry Garden; and all those Two Parcels of Land adjoining to the House called the Laundry, &c.:"

"To have and to hold to the said Earl, and his Assigns, for and during his natural Life."

"And he further wills and grants to the said Earl, That he and his Assigns shall peaceably and quietly have, hold, occupy, use, and enjoy the said Laundry, Chambers, &c. without any Interruption or Molestation of him, or his Servants, &c."

"As also a Paper, subscribed by Matth. Hales, pro Com, Saribur', intituled, The State of the Matter of Fact in the Case of the Earl of Salisbury, referred unto the honourable Committee of Parliament, by Order of the Fifteenth of this Instant April, collected out of the Letters Patents, according to Order, and likewise out of the Act of Parliament for Sale of the late King's Parks, &c."

"By Letters Patents, under the Great Seal of England, bearing Date at Westminster, the Eighth Day of October, Anno 4° Regis Caroli, the said late King, reciting Letters

Earl of Salisbury's Claims.

Patents, dated 30 Maii, Anno 17 Regis Jacobi, in Consideration of the good, faithful, and acceptable Service done by the said Earl of Salisbury to the said late King, and his Father King James, and for divers other good Causes and Considerations, of his especial Grace, certain Knowlege, and mere Motion, did give and grant unto Charles Lord Cranborne, Son of the said Earl of Salisbury."

"1. The Custody of the capital Messuage or House called Tyballs, alias Theobalds House, and of all Edifices, Buildings, Yards, Orchards, and Gardens to the same capital Messuage belonging or appertaining, &c. in the County of Hertford:"

"2. And the Custody of all Gardens and Orchards to the said capital Messuage belonging or appertaining, except the Gardens, Houses, Buildings, Lands, and Tenements, after specified, and granted to the said Lord Cranborne:"

"3. And also the Office of Keeper of the several Parks, called Theobalds Park, and Chesthunt Park. alias Brauntinshay Park, and either of them, in the said County of Hertford; and of all Houses, Lodges, and Buildings in the same Parks, and in either of them, being; and also the Custody, Survey, and Preservation of the Deer in the said several Parks being, or hereafter to be:"

"4. And the Office of Steward, and the Stewardship of the Manor of Theobalds, alias Tyballs, in the said County of Hertford, and of all Manors, Lands, and Tenements of the said late King in Chesthunt, alias Chestenhunt, alias Cheston, in the said County; and the Office of Bailiff, and the Bailiffwick, of the said Manors and Lands."

"5. And moreover, of his more abundant Grace, for him, his Heirs and Successors, the said late King did give and grant unto the said Lord Cranborne all the Herbage and Pannage of the said several Parks, and either of them:"

"6. And necessary Wood and Underwood, called Browse-wood, for Browse for the Deer in the said Parks, and in either of them, for the Time being, to be cut so often as it shall be necessary:"

"7. And convenient and necessary Fire-boot, to be burnt and spent in the Lodges, being within the said Parks, &c.:"

"To have, hold, and exercise the Custody of the said House, called Theobalds House; and the Custody of the said Gardens and Orchards (except before excepted); and the Custody of the said Parks, and the said Offices, and every of them; and also all and singular other the Premises above, by these Presents, before granted or mentioned to be granted, with their Appurtenances whatsoever, to the said Charles Lord Cranborne, and his Assignee, by himself, or by his sufficient Deputy or Deputies, for and during the natural Life of the said Charles Lord Cranborn, immediately after the Death, Surrender, Forfeiture, or other Determination of the State and Interest of the said Wm. Earl of Salisbury, to or in the Premises, or any of them:"

"8. And further, the said late King, for him, his Heirs and Successors, did give and grant to the said Lord Cranborne these Fees; viz. Eight-pence per diem, for the Custody of Theobalds House, except as above:"

"Eighteen-pence per diem for keeping the said Gardens and Orchards, except as above:"

"Twelve-pence per diem, for keeping a Gardener, for the better keeping the said Gardens:"

"Twelve-pence per diem, for keeping Theobalds Park; and also Pasture for Two Horses, and Twelve Cows, in the same Park, from time to time, to be depastured, during the said Term:"

"And Twelve-pence per diem, for keeping Chesthunt Park, and Pasture for Two Horses and Twelve Kine, in the same Park to be depastured, from time to time, during the said Term:"

Forty Shillings per Annum, for the Stewardship; and Forty Shillings per Annum, for the Bailiffwick."

"To have, and yearly perceive, the said several Wages and Fees, and all other Wages, Fees, and Profits to the same Offices, or any of them, belonging, pertaining, or of Right accustomed, to the said Charles Lord Cranborne, and his Assigns, for Term of his natural Life, by his own Hands, or in his own Hands to be retained, of the Profits of the Manors, Lands, and Revenues, within the Receipt, or by the Hands, of the Particular Receiver of the Premises, or the Receiver General of the said County for the Time being, at Lady Day and Michaelmas, by equal Portions, after the Death, Surrender, Forfeiture, or other Determination of the State or Interest of the said William Earl of Salisbury, and not before."

"9. And further, of his more abundant Grace, the said late King did give and grant to the said Lord Cranborne;"

"1. The House or Building called the Laundry, with the Appurtenances, adjoining to Theobalds House, Thirtynine Foot long, and Fourteen Foot broad:"

"2. And Four Chambers, and a Garret built over the said Laundry, Eighty-eight Foot long:"

"3. The Laundry Yard, containing Thirty-two Perches and a Half of Ground:"

"4. All that House or Kitchen in the same, Thirty Foot long, Thirteen Foot broad:"

"5. And the Old Fish House, with the Appurtenances, in the said Yard:"

"6. And Two Houses near adjoining, on the North Part of the Laundry:"

"7. And the Laundry Garden, containing One Rod and Thirty-eight Perches of Ground, on the West Part of the Laundry:"

"8. And the Kitchen Garden, containing in Length Thirteen Roods, and in Breadth Twelve Roods, lying between the Laundry Garden and the Park, &c.:"

"9. And Two Parcels of Lands or Ways adjoining to the Laundry, one on the West Part, leading to the Garden, and the other on the East Part, leading to the Stable Yard, with their and every of their Appurtenances:"

"To have and hold to the said Lord Cranborne, and his Assigns, for and during his natural Life, after the Surrender, Forfeiture, or other Determination of the State or Interest of the said William Earl of Salisbury:"

"With a Grant, that he, and his Assigns, shall and may, peaceably and quietly, have, hold, use, and enjoy all the said House, called the Laundry, and other the Premises last recited, in Reversion, as aforesaid, during his Life, without any Lett, Interruption, or Molestation of the said late King, his Officers, or Servants, notwithstanding the late King's Presence in the said House of Theobalds, &c."

"In the Act of the Commons, in Parliament assembled, for Sale of the Honours, Manors, and Lands heretofore belonging to the late King, Queen, and Prince, made 17 Julii 1649, is contained as followeth; viz."

"1. Saving to all and every Person and Persons, &c. other than the late King, &c. and all claiming from, by, or under him, sithence the Twenty-sixth of March 1641, all Right, Title, Interest, Possession, Rights in Law or Equity, Entries, Annuities, Commodities, Fees, and other Profits, which they, or any of them, now have, and of Right ought to have and enjoy, before the said Twentysixth Day of March, &c."

"2. Provided always, &c."

"3. Provided also, That where any Person or Persons do lawfully claim any Right, Title, or Interest, of, in, and to, any Chase or Park, by virtue, or in right, of any Office thereunto belonging, the Exercise whereof is now ceased, or which, by virtue of this Act, or any thing therein contained, shall cease to be of further Use, That, in every such Case, the said Trustees, or any Five or more of them, together with the Contractors, or any five or more of them, shall, in lieu and in consideration thereof, make such Allowance to every such Person and Persons, in some Proportion of the said Lands and Premises, or in Money to be raised by the Sale thereof, as the said Trustees and Contractors shall judge reasonable, with regard unto the Value of their respective Interests: So as such Allowance for, and in lieu of, the whole Rights belonging to the Custody of any of the said Chaces or Parks, and all the Offices thereunto belonging, do not exceed a Fifth Part of the real Value of the said several Chaces and Parks respectively (the Houses and Timber thereupon being excepted and foreprised: And that, upon and in Consideration of the said Allowances, the Right, Title, and Interest of every such Person and Persons, &c. shall cease and determine: And they, and every of them, shall be thereby for ever concluded and declared from making any further Claim and Demands thereunto."

"In making all which Allowances, the said Trustees and Contractors shall, from time to time, observe and pursue, in reference to every such Person and Persons, and his and their Claim, such Directions and Instructions as shall be given unto them by the Parliament."

"24 Aprilis 1650." "Math
Hale, pro Com' Sar'."

He also reports the Resolution of the said Committee thereupon; viz.

Resolved, by this Committee, That, upon Consideration of the whole Matter, it is the Opinion of this Committee, That the Earl of Salisbury, and the Lord Cranborne, in full Satisfaction of all and singular their Interests in Theobalds Park and Chesthunt Park, claimed by several Letters Patents, of 30 Maii, 17° Jacobi, and 8 Octobris 4° Caroli, shall be allowed a full Fifth Part of the Value, according to the Act of Parliament of 17 Julii 1649, for the Sale of the Honours, Manors, Lands, &c. heretofore belonging to the late King, Queen, or Prince: And that Mr. Garland report the same to the House."

Resolved, by the Parliament, That this Business be recommitted, upon the whole Matter, and the Debate of the House.

Resolved, by the Parliament, That all the Gentlemen of the House that are of the Long Robe, be injoined to attend this Committee: And all that come, to have Voices: And that the Committee do meet To-morrow in the Afternoon at Two of the Clock, in the Court of Wards: And the Committee have Power to call before them, and hear, all the Parties concerned or interested; and to send for Persons and Papers.

Publick Business.

Resolved, That for Fourteen Days, from Thursday next, nothing but publick Business touching Monies, be taken into Consideration.

Chair to be taken, &c.

Resolved, That Mr. Speaker do take the Chair Tomorrow at Eleven of the Clock: And that the Reports made touching Major General Lambert, Sir Wm. Constable, Mr. Knight, and the Carmen, be taken into Consideration, in Course, one after the other.

Army.

Resolved, That Colonel Ven do make his Report touchtng the Army, on Thursday next, the first Business.