House of Commons Journal Volume 6: 17 June 1651

Tuesday, the 17th of June, 1651.

Prayers.

Letters read.

A LETTER from the Commissioners of the Parliament in Ireland, from Dublin, of the Fifth of June 1651:

Another Letter from the said Commissioners, from Dublyn, of the Tenth of June 1651.

A Letter from Colonel Hewson, from Dublyn, of the Ninth of June 1651; with an intercepted Letter from Richard Browne, from Bellanamore, of the Fifth of June 1651:

Which were all this Day read.

Ordered, That the said Letters from the Commissioners be referred to the Council of State; to take the same into their Consideration.

Common Recoveries.

Mr. Lechmore reports from the Committee to whom it was referred to censider of a Way for Infants, in some particular Cases, to suffer common Recoveries.

Lord Rich, &c.

By the Committee appointed to consider of the Petition of Robert Lord Rich.

THAT it be offered to the Parliament, as the Opinion of this Committee, That the Judges of the Court of Common Pleas be enabled and authorized to admit Robert Rich Esquire, Son and Heir Apparent of Robert Lord Rich, the said Robert Rich Esquire being an Infant of the Age of Seventeen Years, to suffer a common Recovery of such Lands, not exceeding the Value of Six hundred Pounds per Annum, as Robert Earl of Warwick, Grandfather of the said Infant, shall think sit and convenient, according to certain Articles of Agreement indented, bearing Date the Seventeenth Day of May 1651, made between the said Earl of Warwick and Lord Rich, on the one Part; the Lady Christian Countess of Devonshire, Grandmother of the said Insant, the Earl of Manchester, Earl of Elgin, and Lord Roberts, on the other Part; the said Countess of Devonshire, and other the last-mentioned Parties, being the original Trustees in the Settlement of the Estate of the said Earl of Warwick, upon the Marriage of the said Lord Rich with the Lady Anne Cavendish, Daughter of the said Countess of Devonshire, and Mother to the said Robert Rich the Infant.

That it be offered to the Parliament, as the Opinion of this Committee, That the Judges of the Court of Common Pleas be enabled and authorized to admit the said Robert Rich the Infant to suffer a common Recovery of the Manor of Stansgate, Rectory of Steeple, and the Manor of Lawling alias Lawling Hall, Danbury alias Runsall, and Le How, in the County of Essex, over and besides the Lands of Six hundred Pounds per Annum, afore mentioned.

That it be offered to the Parliament, as the Opinion of this Committee, that the Judges of the Court of Common Pleas be enabled and authorized to admit Thomas Fanshaw Esquire, Son and Heir apparent of Sir Thomas Fanshaw Knight of the Bath, the said Thomas Fanshaw his Son being of the Age of Nineteen Years, to suffer a common Recovery of the Manor or Farm of Westbury, and the Farm of Tikingham Grange, in the County of Essex.

Resolved, That the Parliament doth agree with the Committee, That the Judges of the Court of Common Pleas be enabled and authorized to admit Robert Rich Esquire, being an Infant of the Age of Seventeen Years, to suffer a common Recovery of such Lands, not exceeding the Value of Six hundred Pounds per Annum, as Robert Earl of Warwick, Grandfather of the said Infant, shall think fit and convenient, according to certain Articles of Agreement indented, bearing Date the Seventeenth Day of May 1651, made between the said Earl of Warwick and Lord Rich, of the one Part; the Lady Christian Countess of Devonshire, Grandmother of the said Infant, the Earl of Manchester, Earl of Elgin, and Lord Roberts, on the other Part; the said Countess of Devonshire, and other the last-mentioned Parties, being the original Trustees in the Settlement of the Estate of the said Earl of Warwick, upon the Marriage of the said Lord Rich with the Lady Anne Cavendish, Daughter of the said Countess of Devonshire, and Mother to the said Robert Rich the Infant.

Resolved, by the Parliament, That the Judges of the Court of Common Pleas be enabled and authorized to admit the said Robert Rich the Infant to suffer a common Recovery of the Manor of Stansgate, Rectory of Steeple, and the Manor of Lawling alias Lawling Hall, Danbury alias Dunsall, and Le How, in the County of Essex, over and besides Lands of Six hundred Pounds per Annum, afore-mentioned.

Resolved, by the Parliament, That the Judges of the Court of Common Pleas be enabled and authorized to admit Thomas Fanshaw Esquire, Son and Heir Apparent of Sir Thomas Fanshaw, Knight of the Bath, the said Thomas Fanshaw, the Son being of the Age of Nineteen Years, to suffer a common Recovery of the Manor or Farm of Westbury, and the Farm of Tikingham Grange, in the County of Essex.

Ordered, That the Case of Sir Robert Howard be referred to the Committee touching Infants, in special Cases, to be enabled to suffer common Recoveries.

Ordered, That the Case of Mr. Dansey be referred to the Committee touching Infants, in special Cases, to be enabled to suffer common Recoveries.

Ordered, That the Case of the Lord Brewerton be referred to the Committee touching Infants, in special Cases, to be enabled to suffer Recoveries.

Order Amended.

Ordered, That the Order touching Sir Benjamine Rudyard, made on Friday last, being mistaken, the Debt being the Debt of Robert Harvey, and not of Mr. Audley, be amended and altered accordingly.

Delinquents Estates.

The House this Day resumed the Debate upon the Bill for Sale of several Delinquents Estates.

A Proviso was tendered to this Bill, in these Words; viz. "Provided nevertheless, and be it Enacted, That all Judgments recovered against any Delinquent, for Plunder, Fine, or Imprisonment, since his or their Sequestration, shall be allowed and satisfied, according unto the Rules appointed by this Act for other Incumbrances, as if the said Judgments had been recovered before 4.2:" Which was this Day read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

A Clause was tendered to this Bill, in these Words; viz. "And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for all and every Person and Persons who have and hath constantly adhered to this present Parliament, to double upon this Act: And every Sum and Sums of Money due unto such Person and Persons, from any the Persons whose Estates are by this Act exposed to Sale by Bond, or other Specialty, before the Twentieth Day of May 1642, and which shall be proved before the Committee in this Act named, and by the said Committee allowed; and likewise, to all and every Person and Persons, who hath or have obtained any Judgment or Judgments, upon Verdict against any of the Persons whose Estates are hereby appointed to be sold, for any Sum or Sums of Money, Goods, or Estate, forced, taken from, or plundered from, such Person or Persons, for adhering to the Parliament; to double all and every such Sum and Sums of Money so recovered, upon this Act: And that the Trustees, Treasurers, and Register Accomptant, in this Act named, do admit the same accordingly:" Which was read the First and Second time.

The Question being put, That these Words in the said Clause; viz. "to double upon this Act; and every Sum and Sums of Money due unto such Person and Persons, from any the Persons whose Estates are by this Act exposed to Sale, by Bond, or other Specialty, before the Twentieth Day of May 1642, and which shall be proved before the Committee in this Act named, and by the said Committee allowed; and likewise to all and every Person and Persons;" do stand in the said Clause;

The House was divided.
The Yeas went forth.

So it passed with the Negative.

Resolved, That these Words be inserted into this Clause; viz. "and shall prove before the Committee in this Act named, and obtain from them a Certificate, that he or they hath or have, before the Tenth Day of June 1651."

The Question being put, That these Words, "upon Verdict," stand in this Clause;

It passed with the Negative.

Resolved, That the said Clause, so amended, be Part of the Bill.

A Proviso was tendered to this Bill, in these Words; viz. "Provided always, and be it further Enacted, That the Trustees in this Act named shall settle upon Francis Bindlosse Esquire, Mary and Dorothy his Sisters, their Heirs and Assigns, such a Value of Lands of Sir John Byron, in this Act named, as shall be proved due unto them, or either of them, by Decree in Chancery; or for any Legacy bequeathed unto them by the last Will and Testament of Sir Robert Bindlosse Knight, their Grandfather, and allowed by the Committee in the Act named: Which they have hereby Power and Authority to examine upon Oath, and allow and approve thereof accordingly; any thing in this Act to the contrary notwithstanding:" Which was this Day read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

And the said Proviso was, upon the Question, rejected.

A Proviso was tendered to this Act, "That, notwithstanding this Act, or any thing therein contained, the Sum of Seven thousand Pounds be satisfied to the Town of Taunton, towards the Reparations of their great Losses and Sufferings, out of the Estate of Sir John Stowell, Knight of the Bath: And that the Trustees appointed by this Act do convey unto such Trustees as shall be named by the Mayor and Burgesses of the said Town, so much of the Lands of the aforesaid Sir John, by this Act exposed to Sale, as shall amount unto the full Value of Seven thousand Pounds; to be sold by the said Trustees; and the Monies thereby raised to be distributed according to the Votes of Parliament in that behalf:" Which was read the First and Second time.

And the Question being put, That this Proviso be Part of the Bill;

The House was divided.
The Yeas went forth.

Resolved, That this Proviso be Part of the Bill.

Duresme proposed University.

Ordered, That Sir Arthur Hesilrig do offer to the House the Business touching the erecting a University at Duresme, the first Business, To-morrow Morning.

Ld. Howard.

Resolved, That the Report touching the Lord Howard be made on Friday Morning next, the first Business.

Resolved, That Mr. Ralegh do send in all the Papers touching that Business, close sealed up, to the House; to be made use of when that Report is made.

Pym's Grant.

Resolved, That the Commissioners for Compounding be authorized and required to take off the Seizure from the Estate of Thomas Morgan, of Heyford in the County of Northampton, Esquire, a Papist and Delinquent, who died in Arms against the Parliament; and of John Preston, of Furnes in the County of Lancaster, Esquire, a Papist and Delinquent: And that they suffer the Trustees, to whom those Estates were granted by Parliament, for Payment of the Debts of John Pym Esquire, deceased, and providing Portions, to take and receive the Rents, Issues, and Profits thereof, for the Uses, and according to the Trusts, directed by the Parliament in that behalf.

Resolved, That a Committee be appointed to bring in an Act for enabling the Sale of the Lands so estated on the said Trustees, for satisfying the Remainder of the said Debts and Portions; and the Residue to go to the Use of the Commonwealth: And this Committee are to take the Accompts of the said Trustees, what hath been already raised and received out of the said Estates, upon the said Trusts; and to report the same to the House, together with the said Bill.

Sir Henry Vane, Mr. Boone, Sir Wm. Brereton, Mr. Bond, Mr. Love, Mr. Masham, Dr. Palmer, Mr. Hallowes, Mr. Rous, Sir Thomas Wroth, Mr. James Challoner, Mr. Pury, Mr. Corbett, Mr. Moyle, Sir Wm. Allanson, Mr. Holland, Sir Wm. Masham, Mr. Dormer, Mr. Rich. Darley, Mr. Pierpoint, Mr. Dove; or any Three of them: And this Committee are to meet at Two of Clock this Afternoon, in the Speaker's Chamber; and so de die in diem.

Sending Bibles, &c. to Ireland.

Ordered, That it be referred to the Council of State, to take care of sending such Number of Bibles and Primers to Ireland, as are desired by the Commissioners.

Irish Affairs.

Ordered, That this House do take into Consideration the Propositions touching Ireland on Thursday Morning next.