Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 7° Junii, 1641.
Fines in Chancery.
Proceedings concerning Smart.
Mr. Solicitor, Mr. Whitlocke, Mr. Palmer, Mr. Sel- den, Mr. Glyn, Mr. Whistler, Mr. Perd, Mr. Rowse, Mr. Prideaux, Mr. Grimston, Serjeant Wilde, Sir Symonds D'Ewes, Sir Tho. Widdrington, Mr. Reignolds;
This Committee is to take into Consideration the Mes- sage of the Lords, concerning the Transmission of Mr. Smart's Business; and present to the House what is fit to be done upon that Message; and what is fit to be done in that Business.
Yorkshire Train Bands.
Ordered, That the Monies raised for the Payment of the Train Bands of Yorkshire, which have not been paid to the Soldiers of the Train Bands, but are remaining in either Collectors, Officers, or other Hands, shall be accounted for, and repaid to the several * * * *
Ly. Hatton's Case.
Mr. Whitlock reports the Case of the Lady Hatton: "The State of the Case, upon the whole Matter, ap- pears to the Committee to be thus: That Richard Cox, Bishop of Ely, 18° Eliz. made a Lease of some old Buildings and Lands next adjoining to Ely House (the Place where Hatton House now is) to Sir Christopher Hatton, then Lord Chancellor of England, for Twenty- one Years, he intending there to make a Habitation for himself."
"19 Eliz. Bishop Coxe conveyed the Inheritance to the Crown; the Intention of it, for the use of Chancellor Hatton, to whom it came afterwards: And in the Pre- amble of that Conveyance was a Clause, for the Bishop and his Successors, to redeem the Premises, upon Re- payment of such Monies as Chancellor Hatton should disburse in Building; who did afterwards disburse One thousand Eight hundred and Ninety Pounds, and odd Money. He entailed the Premises; and they were after extended for a Debt to the Queen: And an Act of Par- liament was passed to enable the Sale of them, by another Sir Christoper Hatton; who was seized, by the Entail: Who did, for valuable Consideration, 5° Jacobi, sell the Premises to the Lady Eliz. Hatton, the Petitioner; who since, expended in Building, Repairing, and Improving of it, Seven thousand Eight hundred Pounds, and odd Money; and ever since the Purchase, being Thirty-four Years since, until Nov. 14 Car'; when the now Bishop of Ely preferred his Bill into the Court of Requests, to have the House and Land restored to his See, by colour of the Clause of Redemption; and pretended she had Notice of it."
"She, in her Answer, upon Oath, denies, that she had any Notice of that Trust; and more is proved by the Bishop. The Cause came to Hearing in Nov. 5° Car. but no Opinion yet delivered by the Court either way, though my Lady moved, that they would be pleased to do it: This hanging so long in Suspence under the Judgment of the Court, my Lady complains, that this is a great Prejudice to her; and that she cannot dispose of her Inheritance."
"The Committee took into Consideration, that since 19° Eliz. this was not questioned by any Bishop of Ely, though it adjoined to their House, in their daily View; that it was entailed, extended for the Queen's Debt, and Office found of it, and an Act of Parliament to enable the Sale of it, before the Petitioner purchased it; and that she bought it upon valuable Consideration. There is no Proof she had Notice of the pretended Trust; and that she denies, upon Oath, the having any Notice; and enjoyed it Three Years unquestioned."
"1. That, in the Proceedings in the Court of Requests, in the Case between the Bishop of Ely and the Lady Eliz. Hatton, there hath been an unnecessary Delay of Justice, since the Hearing of that Cause; to the Preju- dice of the Lady Eliz. Hatton."
"2. That the Lady Eliz. Hatton is a Purchaser, upon valuable Consideration; and had no Notice of the pre- tended Trust in the Petition mentioned; and hath, since her Purchase of the House and Lands in the said Petition expressed, expended great Sums of Money in Building, Repairing, and improving thereof.
Delinquents bailed, not to have Privilege.
The House doth Order and Declare, That where any Man is sent for hither, as a Delinquent; and afterwards, by Order of this House, shall be bailed; shall, in this Case, have no Privilege of Parliament from Discharge of Arrests in other Suits.
Removing a Prisoner.
Ordered, That Sir Robert Hodgeson Knight, now a Pri- soner in Newgate, shall, for the Recovery of his Health, be removed to the Prison of the Fleet: And the Gaoler of Newgate is commanded to return him thither, with the Mittimus wherewith he was sent.
Unduly raised Money.
Farmers of Customs.
Message to Lords.
That the Lords would be pleased to give Leave, that this House may make use of the Examinations, taken by the select Committee of both Houses, concerning such Persons as have endeavoured to put a Misunderstanding between the Armies and the Parliament; and other Things referred with their Examination: And also, to be pleased to sit this Afternoon; in regard of some great Affairs.
Answer from Lords.
Mr. Hampden brings answer from the Lords; That as for the Examinations, they were not now * * of them; So soon as they sould be, they would take care care they should be delivered: And as for Sitting this Afternoon, they would do therein as is desired.
WHEREAS an Order was made by the Grand Committee for Courts of Justice, dated 18° Dec. 1640, upon the Petition of Richard Read the elder, Foulke Read, Richard Read the younger, and Eleanor his Wife, that they shall have free Liberty to prosecute their said Petition, wherein they complain against Edw. Read the elder, without any Molestation, Suits, Troubles, or Arrests, during the Time of their said Suit depending here; for any Matter complained of in the said Petition: It is this Day Ordered, by the Commons now assembled in Parliament, that the said Order shall be made void.
Ordered, That the Committee for Londonderry, which is appointed to sit Three Days, shall, in One of those Days, consider of Sir Fredericke Hamilton's Business and Petition; in regard of many Witnesses, which he has brought out of Ireland at a great Charge.
Bringing in Plate.
Treaty with Scotland, &c.
The Lords desire a present Conference, by a Commit- tee of both Houses, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Closing up of the Treaty, and Disbanding of the Armies.
Jo. Spencer, Jo. Greene, Nath. Robinson, the Lay- preachers, were called in: And Mr. Speaker gave them a sharp Reprehension, and a general Distaste of this House, of their Proceedings; and that, if they should offend at any time in the like kind again, this House would take care they should be severely punished.
Sir J. Barry, &c.
It is this Day Ordered, by the House of Commons, That Mr. Speaker of the said House shall signify, with all convenient Speed, to the Lord Justices in Ireland, that it is the Pleasure of this House, that Sir James Barry shall incur no Contempt by his Stay in Ireland, notwith- standing the Order and Warrant for his Coming over into England, to appear before the Grand Committee for Irish Affairs; provided that the said Sir James Barry do send forthwith over his Answer into England in Writing, sub- scribed by his own Hand, and an Agent or Solicitor to attend here with the same; that when the Business shall be agitated before the said Grand Committee it may not be retarded. But it is ordered, by the said House, that the other Parties concerned in the Cause, and formerly sent for, as a Delinquent, shall forthwith appear, according to the former Order, at their Peril.