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.
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Colonel Jones, |
Tellers for the Yeas: |
85. |
| Mr. Thelwall, |
With the Yeas, |
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Colonel Weldon, |
Tellers for the Noes: |
41. |
| Colonel Mathews, |
With the Noes, |
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:
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| 7 Febr. 6 Car. |
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| The King, by his Letters-Patents, reciting,
That Francis Earl of Bedford was seised in Fee
of Covent-Garden, and Long-Acre, upon Part
whereof sundry Messuages and Buildings had been thentofore erected, Doth give Licence and Authority to the
Earl to demolish or alter those Messuages and Buildings,
as to him, from time to time, should be thought fit.
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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.
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| 30 June, 11 Carol. |
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| The King, reciting his former Patents, and
his and the Earl's Covenant therein; and that
the Earl had demolished divers Buildings, and
erected new ones, and a Building for a Church; and that
they were an Ornament and Beauty to those Parts; he, in
Consideration of Two thousand Pounds, paid in to the
Exchequer, confirms the former Patents; and grants, that
the Earl, his Heirs, Assigns, and Tenants, might continue
and maintain those Buildings: And pardons all Offences
committed, or suffered, in or by reason of the Erecting
of those Buildings, in or by reason of the Continuance
thereof: And for himself, his Heirs and Successors,
covenants with the Earl, his Heirs, and Assigns, and
Tenants, that they shall not be sued, or molested, at the
Suit, or in the Name, of himself, his Heirs and Successors,
by Presentment, or otherwise, for or by reason of the
Erecting or Continuing of those Buildings, or for or by
reason of any Fine that might accrue there, by the
Prosecution of any Person. |
(fn. [a]) [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.
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Sir Rich. Onsloe, |
Tellers for the Yeas: |
44. |
| Mr. Trevor, |
With the Yeas, |
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Sir John Coppleston, |
Tellers for the Noes: |
52. |
| Mr. Dunch, |
With the Noes, |
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.