House of Commons Journal Volume 7: 5 June 1657

Friday, 5 June 1657.

Ld. Broghill's Estate.

A BILL for the Settling of the Castle of Blarney, and Lands to the Value of One thousand Pounds per Annum, which were Part of the Possessions of the Lord Muskrey, upon the Lord Broghill, his Heirs and Assigns, in Satisfaction of his Arrears to the Twenty-eighth of June One thousand Six hundred Fifty, was this Day read the Third time.

A Clause was tendered in Parchment to this Bill.

Resolved, That this Clause shall be read.

The said Clause was read accordingly; and was in these Words; viz.

"Be it further Enacted, by the Authority aforesaid, That the Castle and House of Ballymalo, Parcel of the late Possessions of Edmond Fitzgerald of Ballymalo, with all the Members and Appurtenances whatsoever thereunto belonging, together with Two thousand Acres of forfeited profitable Land, Irish Plantation Measure, in the Barony of Immokelly in the County of Cork, which lie contiguous to the said Castle and House, and shall be thought by the Lord Broghill, or his Assigns, most convenient to the same, with all the Houses, Messuages, and other Appurtenances belonging to the Premises, or any Part or Parcel thereof, are hereby vested in and settled upon Roger Lord Boyle Baron of Broghill, his Heirs and Assigns, for ever, to be holden of his Highness the Lord Protector of England, Scotland, and Ireland, and his Successors, for ever, in free and common Socage, as of the Castle of Dublyn, at the yearly Rent of Two-pence Farthing per Acre, in Consideration of his good and faithful Services done for the Commonwealth; and fully to make up what the within-mentioned Particulars fall short of One thousand Pounds per Annum, as the same were set and held in the Year 1640."

"And be it further Enacted, by the Authority aforesaid, That his Highness's Council in Ireland, or any Three or more of them, or other the chief Governor or Governors of Ireland, for the Time being, are hereby authorized and required, forthwith to cause to be admeasured the said Two thousand Acres; and to put the said Roger Lord Boyle Baron of Broghill, his Heirs or Assigns, into the quiet and peaceable Possession thereof, and of the said Castle and House of Ballymallo; any Act, Ordinance, or Order whatsoever to the contrary notwithstanding."

The said Clause was read the Second time.

The Question being put, That this Clause be committed;

The House was divided.

The Yeas went forth.

So it was Resolved, That this Clause be committed to Colonel Jones, Colonel Zanchy, General Disbrow, Lord Strickland, Major Morgan, Major Aston, Sir Theophilus Jones, Mr. Disbrow, Sir Charles Wolsley, Mr. Trevor, Sir John Hobart, Col. Grosvenor, Mr. Moody, Mr. Swinton, Mr. Goodin, Mr. Lister, of Hull, Mr. Woseley, Alderman Tigh, Colonel Lilburne, Mr. Bampfeild, Mr. Waller, Colonel Fowkes, Major-General Kelsey, Lord Whitelock, Earl of Twedale, Colonel Jephson, Colonel Cooper, Colonel Chadwick, Mr. Lucy, Major-General Berry, Sir Rich. Onsloe, Lord Evers, Colonel Weldon, Captain Hatsell, Mr. Harvey: And this Committe are to meet To-morrow in the Afternoon, at Two of Clock, in the Speaker's Chamber.

Resolved, That the Debate on this Bill be adjourned till Tuesday Morning.

Publick Debts.

Resolved, That the Committee, touching the Publick Faith, be revived; and enjoined to sit this Afternoon, at Two of Clock, in the Speaker's Chamber; and to bring in their Report on Wednesday next: And all that come to have Voices.

Prisoners and Creditors.

Resolved, That the Bill for Prisoners and Creditors be read the Second time, To-morrow Morning.

Customs.

Resolved, That the Grand Committee of the House do sit this Afternoon, upon the Bill for Customs.

Irish Adventurers.

Resolved, That the Bill for the Adventurers for Ireland be read To-morrow Morning.

Passing Bills.

Major-General Whalley reports from the Committee appointed to attend his Highness, touching the Passing of Bills, That the Committee did accordingly attend his Highness Yesterday; when his Highness appointed this Day, at Eleven of Clock: But, this Morning, he sent again for the Committee; and acquainted them, That, by reason of the Multitude of Bills to be passed, he hath thought fit to appoint to meet the House on Tuesday next, at Eleven of the Clock, in the Painted Chamber.

Estates in Ireland.

Resolved, That the Bill for settling Estates in Ireland be read the Third time on Monday Morning.

Buildings.

Doctor Clerges reports from the Committee to whom the Bill against New Buildings was referred, a Report of the Case, upon the Petition of the Earl of Bedford; which was as followeth:

UPON Consideration of the Petition of the Earl of Bedford, referred to us, the Matter of Fact therein contained being stated upon Perusal of the Evidences produced on the Behalf of the said Earl, it appeareth to be as followeth:

And the Earl covenants. That he will build the outer Walls of the Houses to be new-built with Brick or Stone, or one of them; and the Fore-Front of such Houses sufficient and good, for the better Beautifying of the Premises.

And the King covenanteth for himself, his Heirs and Successors, with the Earl, his Heirs and Assigns, That if, at any time after, any Doubt should arise touching the Validity of that Grant, or the Authority thereby given; then the King, his Heirs and Successors, should, upon Request, grant other Letters-Patents to the Earl, his Heirs or Assigns, as by the Attorney-General for the Time being should be thought fit, and as by the Counsel of the Earl, his Heirs or Assigns, should be advised: All which Grants the Earl, his Heirs and Assigns, shall enjoy; any Law, Statute, Proclamation, or other Thing to the contrary notwithstanding.

(fn. 1) [And wills, That no Writ or Process be made forth of any Court against them, in the Name of himself, his Heirs and Successors, concerning the Erecting of those Buildings, or for Demolishing of them, or touching the Coutinuance thereof.

And covenants and grants for himself, his Heirs and Successors, to and with the Earl, his Heirs and Assigns, That, if he or they, at any time after, shall desire a Pardon or Release of any Offences concerning the Premises; or if any Doubt shall arise concerning the Validity of this Grant, or the former Licence; or touching or concerning the quiet Upholding and Enjoying of these Buildings, free from all Suit and Trouble; Then his Heirs and Successors will, upon Request, grant to the Earl, his Heirs, Assigns, and Tenants, such other Pardon, and further Security, for his and their Indemnity, be it by other Patents, or the Royal Assent to an Act of Parliament, or otherwise, as by his and their Counsel shall be advised.

And grants, That the Patents shall be continued, allowed, and adjudged most favourable for the Earl, his Heirs, Assigns, and Tenants, notwithstanding the Statute of 6° R. II. 1° & 2° Hen. IV. 23° Hen. VIII. 27° Hen. VIII. 34° & 35°Hen. VIII. 13° Eliz. 35° Eliz. 3° Jacobi.

By an Act, intituled, An Act for the settling of certain Lands, Tenements, or Hereditaments, on Catherine Countess Dowager . . . Bedford, Wm. Earl of Bedford, John Russell, and Edward Russell, Esquires, Sons of Francis Earl of Bedford, deceased, it is Enacted, among other Things, That those the several Parcels of Grounds, and the Buildings thereon erected, on the Front of Long-Acre on the North (he describing the particular Extent and Boundaries), as shall be, continue, and remain to John Russell, and the Heirs of his Body; the Remainder to Wm. Earl of Bedford, and his Heirs; and that all those Parcels of Ground, and Buildings thereon erected, abutting on Russell-Street on the South, &c. (and so describing the particular Extent and Boundaries) shall be, continue, and remain to Edward Russell, and the Heirs of his Body; the Remainder to John, and the Heirs of his Body; and the Remainder to Wm. Earl of Bedford, and his Heirs.

And that the said Wm. Earl of Bedford, his Heirs and Assigns, shall, for ever hereafter, have, hold, and enjoy, among other Things, all those Parcels of Ground and Buildings thereon erected, containing in Length (and so describing the particular Extents and Boundaries of the Residue.)

By an Ordinance, intituled, An Ordinance of Lords and Commons assembled in Parliament, for making the Precinct of Covent Garden Parochial, it is ordained, That the said Precinct, and all those Houses within the narrow Bounds, and all Houses, Edifices, Buildings, and Lands, within the said Bounds and Precinct, be, from henceforth, for ever a distinct Parish of itself, and be exempted from the said Parish of St. Martin's; and that the now-erected Church be the Parish-Church; and that there be a Rector of the Church, who shall have Capacity and Succession, by the Name of Rector of the Parish-Church of CoventGarden, and shall have the Cure of Souls of the Inhabitants, with the Parish-Church of Covent Garden; and shall have the yearly Rent of One hundred Pounds, to be issuing out of certain Messuages there, which are the Messuages of the Earl, with Power to distrain upon these Messuages; and that there be Thirty-four Persons, Inhabitants of the Precinct, who shall be called Governors of the said Precinct; or, as often as any of them die, or be removed, the Housholders, Inhabitants within the said Parish, within the Space of Three Months after such Death or Removal; and, in Default thereof, the Remainder Governors, or greatest Number of them, may chuse another; and they and their Successors shall chuse a Divine, to be an Assistant to the Rector and his Successors, and shall assess the yearly Sum of Four hundred Pounds from the Inhabitants of the said new-erected Parish; and, in Default thereof, may authorize Persons to levy the same, by the Distress and Sale of the Goods of the Persons in Arrear; and One hundred and Fifty Pounds to be paid the Rector, and One hundred and Fifty Pounds thereof to the Assistant, and their respective Successors: And the newerected Parish shall pay a Fifth Part of the publick Debts of St. Martin's Parish, and a Fifth Part towards mending the Highways in St. Martin's Parish, and One hundred and Seventeen Pounds per Annum for the Maintenance of their Poor, for ever.

Buildings.

And if the said Sum be not paid, it shall be lawful for St. Martin's Parish to levy them by such means as they may do in their own Parish, provided Bedford House be not liable to Distress for the same.

He also reports the Case, upon the Petition of the Earl of Clare, which was as followeth:

UPON Consideration of the Petition of the Earl of Clare, referred to us by Order of Parliament of the 11th of May 1657; and perusing the Evidence produced by the said Earl to this Committee; the Matter of Fact therein contained, which . . . . humbly present to the House, appeareth to us as follows:

That the late King Charles, by his Letters-Patents, dated the Twenty-fifth of February, in the Fifteenth Year of his Reign, doth give Licence to Thomas York Gentleman, his Executors and Assigns, or such Person or Persons as he or they shall produce, depute, and appoint, to frame and erect so many and such Buildings, Houses, and Dwelling-houses, and Out-houses to be used therewith, as he or they shall think fit and convenient, upon some Part of a Field called Clement's-Inn Field, in the Parish of St. Clement Deans in the County of Middlesex, being the Inheritance of the now Earl of Clare, to be built on each Side of the Causeway leading from Gibbon's Bowlingalley at the Coming-out of Lincoln's-Fields, to the RainDeer Yard that leadeth into Drury-Lane, not to exceed, on either Side the said Causeway, the Number of Oneand-twenty Foot of Assize, in Length or Front, and Sixty Foot of the like Assize in Breadth or Depth, on a Side; the Front or Out-Walls to be built with Brick or Stone, or Brick and Stone.

That the late King Charles, by Letters Patents dated the Tenth of August in the Seventeenth Year of his Reign, doth give Licence to Gervas Hollis Esquire, his Executors, Administrators, and Assigns, and such Person or Persons . . . . to frame and erect Fifteen Dwellinghouses, with such Houses, as they shall think fit; Ten of the said Houses, and each and either of them, to contain Nineteen Foot of Assize in the Front, or thereabouts; and the other Five Houses to contain, each of them, Twenty-one Foot of Assize in Front, or thereabouts; and of a Chapel for the Ease and Conveniency of the Inhabitants of the said Parish of St. Clement's Danes; the said Chapel to contain Seventy-six Foot of Assize, or thereabouts, in Length; Forty-eight Foot of Assize, or thereabouts, in Height; and Forty-eight Foot of Assize, or thereabouts, in Breadth; the said Ten Houses, with such necessary Out-houses as the said Gervas Hollis shall think fit; and the Chapel to be built upon the Field called Clement's-Inn Field, in the Parish and County aforesaid, which lieth between a new Building erected by Thomas York, or his Assigns, and the Walls called Clement's Inn and New Inn Garden Walls; and containeth in Length Two hundred and Sixty Foot of Assize, or thereabouts; and the said other Five Houses, with such necessary Houses as the said Gervas Hollis, his Executors or Assigns, shall think fit, to be built upon the Part of the aforesaid Field, which lieth at the Upper-end of the Lane called St. Clement's Lane aforesaid; containing in Length, from South to North, from a Messuage in the Occupation of William Clove unto the said Field One hundred and Fifty Foot of Assize, or thereabouts; allowing, out of the said Parcel of Ground, several Streets; Two of which contain, each of them, Thirty Foot of Assize in Breadth; and another Street leading to Clement's-Inn aforesaid, to contain Thirty-four Foot of Assize in Breadth; and another Street leading to Maypole Alley, to contain Forty Foot of Assize in Breadth; and also one Alley to lead to New-Inn aforesaid, to contain Ten Foot of Assize in Breadth, or thereabouts, to be built with Brick and Stone, or either of them.

The House proceeded in the said Reports in Order.

Resolved, That the Lords Commissioners of the Great Seal, the Judges, and other Gentlemen of the Long Robe, Members of this House, be sent for, by the Serjeant, to come from Westminster-Hall, to attend the Service of this House.

The Report of the Case of the Earl of Bedford was read.

The Question being put, That this House upon Consideration of the Letters-Patents, dated 7 Febr'. 6

Buildings.

Caroli; and the Patents of Pardon, dated 30 Junii, 11 Caroli; doth see sufficient Ground to admit a Proviso for exempting the Buildings of the Earl of Bedford out of the Penalties of this Bill;

It passed with the Negative.

The Question being put, That, upon Consideration of the Act of 16° Caroli, for the Settling of certain Manors, Lands, &c. on Catherine Countess Dowager of Bedford, Wm. now Earl of Bedford, and others; and of the Ordinance dated the Seventh of January 1645, for making the Precinct of Covent-Garden Parochial; this House doth see sufficient Ground to admit a Proviso for exempting the Buildings of the Earl of Bedford out of the Penalties of this Bill;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

The humble Petition of Christofer Hatton, Esquire, was this Day read.

Ordered, That this Petition be referred to the Committee touching Buildings: And they are to be revived to that Purpose; and, if the Committee think fit, then to bring in a Proviso: And the Committee are to meet To-morrow Morning, at Seven of Clock, in the Place where they formerly met.-

The Question being propounded, That, in regard of the great Charge that Francis late Earl of Bedford hath been at, in building a Church in Covent-Garden, and Endowment of the same, and other publick Charges, it be referred to the same Committee to bring in a Proviso, That, out of the Fines which shall be payable by the Earl of Bedford, John Russell, and Edward Russell, Esquires, his Brothers, in respect of the Buildings in Covent-Garden, by force of this Bill, there be the Sum of abated unto the said Earl, and the said John Russell and Edward Russell;

Resolved, That the Sum be Seven thousand Pounds: And thereupon, It was

Resolved, That in regard of the great Charge that Francis late Earl of Bedford hath been at in building a Church in Covent-Garden, and Endowment of the same, and other publick Charges, it be referred to the same Committee, to bring in a Proviso, That out of the Fines which shall be payable by the Earl of Bedford, John Russell, and Edward Russell, Esquires, his Brothers, in respect of the Buildings in Covent-Garden, by force of this Bill, there be the Sum of Seven thousand Pounds abated unto the said Earl, and the said John Russell and Edward Russell.

Ordered, That the Petitions of the Inhabitants of the Town of Deptford-Strand, alias West-Green, within the County of Kent, be referred to the Committee for Buildings.

Ordered, That the Petition of Edward Crisp Merchant be referred to the Committee for Buildings.

Resolved, That the Debate upon this Report from the Committee be adjourned till To-morrow Morning.

Walter's Bill.

Resolved, That Major Walter's Bill be read on Tuesday Morning.