House of Commons Journal Volume 7: 16 February 1657

Monday, the 16th of February, 1656.

Jones' Estate.

A BILL for establishing, confirming, and settling certain Lands in Ireland upon Colonel Theophilus Jones, towards the Satisfaction of his Arrears, was this Day read the Second time; and, upon the Question, committed to Mr. Robinson, Major Morgan, Colonel Carter, Mr. Grove, Colonel Clerk, Colonel Beaumont, Colonel Fowkes, Mr. Bond, Mr. Pedley, Major Owen, Captain Hatsell, Mr. Rolls, Mr. Trumball, Colonel Whetham, Mr. Drury, Sir John Reynolds, Lord Broghill, Colonel Zanchy, Mr. Lloyd, Colonel Jones, Sir Rich. Piggott, Mr. Walker, Mr. Burton, Mr. Halsey, Mr. Moody, Mr. Noell, Alderman Foote, Colonel Shapcott, Colonel Rous, Mr. John Ashe, Mr. Lawrence, Major-General Whalley: And this Committee are to meet this Afternoon, at Two of the Clock, in the Duchy-Chamber.

Grant to Gen. Monck.

Resolved, That the ingrossed Bill of General Monck be now read.

A Bill for settling of the Barony of Kenneile, and other Lands in Scotland, upon George Monck of Potheridge in the County of Devon, Esquire, late Lieutenant-General, and now Commander in Chief of the Forces in Scotland, was this Day read the Third time.

Doctor Clergis reports from the Committee to whom the Petition of the Duchess Hamilton, and her Children, was referred, That the Committee, having considered thereof, and heard the Counsel of the Duchess, were of an Opinion, That the Petitioners have no legal Right.

This Report was not in Writing.

A Proviso in Parchment was tendered to this Bill, on the Behalf of Elizabeth Duchess Dowager of Hamilton, and her Four Daughters.

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

The House was divided.

The Yeas went forth.

So it passed in the Negative.

The Question being propounded, That this Bill shall pass for a Law;

And the Question being put, That this Question be now put;

The House was divided.

The Noes went forth.

So it passed with the Affirmative.

And the Bill was, upon the Question, passed.

Ordered, That this Bill be offered to his Highness, for his Consent.

Ordered, That the Committee to whom the Petition of the Duchess Dowager of Hamilton, and her Children, was committed, have Power to send for Persons, Papers, and Records.

Wigston's Hospital, Leicester.

A Bill for Settling and Regulating of the Hospital called Wigston's Hospital, in the Borough of Leicester, and Establishment of the Government thereof, was this Day read the Third time; and, upon the Question, passed.

Ordered, That this Bill be offered to his Highness the Lord Protector, for his Consent.

Waller's Claims.

Major Morgan reports from the Committee to whom Sir Hardres Waller's Petition was referred, the Matter of Fact, as followeth; viz.

In Obedience to the Reference of this House to the Irish Committee, to report the Matter of Fact in the Case between Sir Hardres Waller and Mr. Berry, and the rest of the Adventurers concerned, . . . humbly report as followeth;

WE find, That, on Tuesday the 22th of March 1652, it was resolved, by the Parliament then sitting at Westminster, That Lands of Inheritance, of the clear yearly Value of Twelve hundred Pounds, as the same was worth in the Year 1640, should be settled on Sir Hardres Waller, and his Heirs, in full Satisfaction of all his Arrears in England and Ireland; and for Reward of all his Services in England and Ireland; and in Discharge of Two former Votes of Parliament, of 27 June 1650, and 16 of August 1652: And it was likewise ordered, That it should be referred to the Commissioners of Parliament in Ireland, to set out the said Lands unto the said Sir Hardres Waller, according to the said Vote, as by a Copy of the said Order appears.

We further find, That, by an Order of the 25th of May 1653, reciting the said Resolve of Parliament, the said Commissioners of Parliament, in pursuance of the said Orders, did thereby authorize and require the Commissioners of Revenue at Lymrick forthwith to admit the said Sir Hardres Waller Tenant to several Towns and Lands therein mentioned, lying in the Boroughs of Kemry and Poble-Bryan in the County of Limrick, where the said Adventurers Lots are fallen, belonging to the Commonwealth; or so much thereof, as they should, upon Inquiry, find to be of the aforesaid yearly Value of Twelve hundred Pounds, and no more; and to permit the said Sir Hardres Waller to enjoy the same, from the First of that Instant May, until a Survey should be made and taken of the Premisses, and till further Order; he paying Contribution for the same, in proportion equal to others in the said Baronies: And in case it should appear to them that the Towns, Lands, and Premisses aforesaid were of greater Value than Twelve hundred Pounds per Annum in the Year 1640, That then, for so much of the said Premisses as they should judge to be over-and-above the said Value of Twelve hundred Pounds, they should cause a reasonable Rent to be paid for the same, as they shall judge the same to be worth, over and above Contribution: And to certify their Proceedings in the Premisses to the said Commissioners: As by a Copy of the said Orders appears.

We likewise find, That, by another Order of the 9th of January 1653, the Commissioners for the Affairs of Ireland do say, That the said Lands were surveyed upon Oath by their Order, and returned of the yearly Value of Twelve hundred Pounds; but that, by reason of some Imperfections in the said Survey, the same could not then be fully settled upon the said Sir Hardres Waller, according to the Intention of the said Order of Parliament of the 22th of March 1652, until the said Uncertainties were cleared; yet they did then think fit, and ordered, That the said Sir Hardres Waller be, and is, by the said Order, impowered and authorized to enter upon all and every of the Premisses before-mentioned to have been surveyed, as aforesaid; and to enjoy the same, with the Rents, Issues, and Profits thereof, until the said Survey can be perfected, and the Possession of the Premisses settled, according to the true Intent and Meaning of the said Order of Parliament; paying Contribution for the same: As by a Copy thereof appeareth.

We also find, That the Lands in Question are fallen, by Lot drawn at Grocers-hall, unto Mr. Berry, and the other Adventurers, who claim the same, since the said Lands were set out to the said Sir Hardres Waller.

We further find, That Mr. Whiteway, on the Behalf of the said Adventurers, and Mr. Waller, on the Behalf of the said Sir Hardres Waller, agreed as followeth;

That, there being Two thousand Acres Surplusage in the Barony of Poble-Bryan in the County of Limerick, which is the Number wanting to the Adventurers in the Barony of Kemry in the said County, who are at Difference with Sir Hardres Waller for some Lands held by him there; it is the joint Consent of Mr. Whiteway, in Behalf of the said Adventurers, and of Mr. Waller, in Behalf of the said Sir Hardres Waller, humbly to desire this Committee, That the House may be moved to put a Stop on the said Two thousand Acres, that they may be disposed of to no other Use, than to supply the Defect of the Adventurers in the Barony of Kenry; it being according to the Act of Satisfaction, which provides, That, where there is a Defect to any Adventurer in one Barony, it shall be supplied out of the next adjacent. Witness our Hands, the 2 of February 1656. Wa. Waller, John Whiteway.

Signed by Order of the said Committee.

Ant. Morgan.

Resolved, That this House doth agree with the Committee, That a Stop be put on the said Two thousand Acres, that they may be disposed of to no other Use than to supply the Defect of the Adventurers in the Barony of Kenry.

Ordered, That a Stop be put on the said Two thousand Acres; and that they be disposed of to no other Use than to supply the Defect of the Adventurers in the Barony of Kenry.

Newport's, &c. Nat.

Mr. Noell reports Amendments to the Bill for Naturalizing of Adriana Newport, and others: Which were twice read; and, upon the Question, agreed unto.

Ordered, That the said Bill, so amended, be ingrossed.

Perpetuanas.

Ordered, That the Bill for Perpetuanas be read on Wednesday next.

Serges.

Ordered, That the Bill for regulating of Serges be read on Wednesday next.

Marriages, &c.

Ordered, That the Bill for Marriages be read on Wednesday next.