Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 15 Aprilis, 1650.
Proceedings against Shadford, &c.
ORDERED, That the Consideration of the Accusations and Examinations respectively exhibited and taken against and touching Mr. Shadford, Sir Richard Belassis, Mr. George Lilborne, and Sir Wm. Langley, and the whole Business touching them, be referred to the Committee of Goldsmiths Hall.
Earl of Salisbury's Claims.
Mr. John Goodwyn reports from the Committee for Obstructions for Sale of the Honours, Manors, and Lands, belonging to the late King, Queen, and Prince, the Petition of Wm. Earl of Salisbury, together with the State of his Case, touching the Office of Keeper of the several Parks of Theobalds, Chesthunt Parke, alias Brantingshay Park, and his Interest in the said Parks.
The Petition was now read; together with the State of the Case, upon the Patent granted thereof to the Earl; and the Act for Sale of the said Lands; viz.
"King James, by Letters Patents, bearing Date 30 Maii, 17° Jacobi, among other things, grants to the Earl of Salisbury Officium Custodis separalium Parcorum nostrorum vocatorum Theobalds Parke & Chesthunt Parke, alias Brantingshay Park, & cujuslibet eorum in dicto Comitatu nostro Hertford, ac omnium Domorum, Logiorum, Ædificiorum in eisdem Parcis, & eorum altero existentium; ac etiam Custodiam, Supervisionem, & Præservationem omnium Damarum in separalibus Parcis prædictis existentium, aut imposterum futuris Temporibus existentium: Ac insuper, de uberiori Gratia nostra, pro Nobis, Hæredibus, & Successoribus nostris, per Præsentes damas & concedimus eidem W°. Comiti Sarisbury Toln tum, Herbagium, & Pannagium prædictorum separalium Parcorum, & eorum alterius; & necessarium Boscagium & Subboscagium vocatum Browsewood pro Browse pro Damis in dictis Parcis, & in eorum altero, pro tempore existentibus, toties quoties necesse suerit, succidendum, & conveniens & necessarium Fireboote in Logeis in Parcis prædictis existentibus, comburendum & expendendum: Et prædictum Wm. Comitem Sarisburiæ Custodem separalium Parcorum prædictorum, cum Pertinentiis, pro Nobis, Hæredibus, & Successoribus nostris, facimus, ordinamus, & constituimus per Præsentes; Habendum, gaudendum, & exercendum Custodiam Parcorum prædictorum, ac dicta Officia, & eorum quodlibet, necnon omnia & singula alia præmissa superius per Præsentes, præconcessa, aut mentionata præconcedi, cum eorum Pertinentiis universis præfato W°. Comiti Sarisbury, & Assignatis suis, per se, vel per sufficientem Deputatum suum, five Deputatos suos sufficientes, pro & durante Vita naturali præfati Wmi. Comitis Sarisburiæ. Dedimus etiam & concessimus ac per Præsentes, pro Nobis, Hæredibus, & Successoribus, nostris, damus & concedimus dicto W°. Comiti Sarisburiæ hæc Feoda subscripta; videlicet, pro Custodia dicti Parci, vocati Theobald Parke, & pro Supervisione & Præservatione Damarum in eo Parco pro Tempore existenti existentium, Duodecim Denarios legalis Monetæ Angliæ, quolibet Die in Anno, necnon Pasturam a Duos Equos, & Duodecim Vaccas, in dicto Parco de Theobaldes, de tempore in tempus, durante Termino prædicto, depascendas; ac pro Custodia dicti Parci vocati Chesthunt Parke, & pro Supervisione & Præservatione Damarum existentium in eodem Parco, pro Tempore existenti, Duodecim Denarios per Diem legalis Monetæ Angliæ, quolibet Die in Anno, & Pasturam ad Duos Equos, & Duodecim Vaccas, in eodem Parco de Chesthunt, de tempore in tempus, durante Termino prædicto, depascendas."
The Parliament, afterwards, by an Act of the Seventeenth of July 1649, vests and settles in Trustees, amongst other Things, by general Words, the said Parks of Theobalds and Chesthunt, to the Uses therein mentioned; saving all Rights, Title, Interest, Possession, Rights in Law or Equity, Entries, Annuities, Commodities, Fees, and other Profits, which any Persons have, or, of Right, ought to have or enjoy: Provided, That, where any Person or Persons do lawfully claim any Right, Title, or Interest, of, in, and to, any Chace or Park, by virtue or in Right of any Office thereunto belonging, the Exercise whereof is now ceased, or which, by virtue of this Act, or any thing therein contained, shall cease to be of further Use, That, in every such Case, the said Trustees, or any Five or more of them, together with the Contractors, or any Five or more of them, shall, in lieu and consideration thereof, make such Allowance to every such Person and Persons, in some Proportion of the said Lands and Premisses, or in Monies to be raised by the Sale thereof, as the said Trustees and Contractors shall judge reasonable, with regard unto the Value of their respective Interests; so as such Allowance, for and in lieu of the whole Rights belonging to the Custody of any of the said Chaces and Parks, and all the Offices thereunto belonging, do not exceed a Fifth Part of the real Value of the said several Chaces and Parks respectively, the Houses and Timber thereupon being excepted and foreprised: And that, upon and in consideration of the said Allowances, the Rights, Title, and Interest, of every such Person and Persons, their Heirs, Executors, Administrators, and Assigns, shall cease and determine; and they, and every of them, shall be for ever thereby concluded and debarred from making any further Claim and Demand thereunto. And be it further Enacted, That the said Trustees, or any Five or more of them, or such Person and Persons as they, as aforesaid, shall authorize under their Hands and Seals, shall make a Lease or Leases of the said Premises, or any Part thereof, which shall be out of Lease, for one Year, or less, and so from Year to Year, or less, till the Premisses be sold, reserving the best Rent they can get for the same."
He also reports from that Committee, "That, after Debate of the Business, the Committee came to a Question, which was thus put; viz.
As many as are of Opinion, that the Earl of Salisbury hath an Interest in the Herbage and Pannage of the Parks called Theobalds Parke and Chesthunt Parke, to his own proper Use, distinct from the Office of Keeper of the said Parks, say Aye; and as many as are of another Opinion, say No.
And the Question being put, Whether this Question should be put, or not;
Resolved in the Affirmative.
And the Question being put; With the Yeas Seven: With the Noes Seven: And the Chair declared with the Yeas:
So it passed with the Affirmative.
And the Question being put, Whether the Petition of the Earl of Salisbury, and the whole Matter, should be reported to the House, together with the Opinions of this Committee;
It passed in the Affirmative.
Ordered, That the Drawing up of the whole Matter to be reported to the House be referred to a Sub Committee: And that Mr. Attorney General, Mr. Stephens, and Colonel Jones, be the said Sub Committee: And that they, or any Two of them, be desired to draw up the State of the whole Business; and report the same to this Committee."
Ordered, That the Consideration of the whole Business be referred to a Committee: Viz. unto Mr. Hill, Mr. Attorney, Sir Arthur Hesilrig, Sir Wm. Armyn, Colonel Marten, Mr. H. Nevill, Mr. Bond, Lord Howard, Mr. Gurdon, Colonel Wauton, Major Salway, Mr. Ash, Lord Lisle, Sir Peter Wentworth, Colonel Bossevile, Mr. John Goodwyn, Mr. Edwards, Sir Thomas Wroth, Mr. Lister, Mr. Garland, Mr. Dove, Mr. Pury, Lord Grey, Colonel Ven, Colonel Ludlow, Mr. Raleigh, Mr. Hodges, Colonel Fielder, Mr. Holland, Mr. Oldesworth, Mr. Robert Goodwyn, Mr. Richard Darley; and all the rest of the Lawyers of the House, or any Five of them: . . . are to meet this Afternoon at Two of the Clock, in the Exchequer Chamber: And this Committee has Power to send for Persons, Papers, Records, &c. and to report to the House: And Mr. John Goodwyn is to take care hereof.
Ordered, That it be referred to the Council of State, to consider where the Obstruction is in the Sale of the Feefarm Rents between the Contractors and the Auditors; and what they think fit to be done therein; and report it to the House.
Ordered, That it be referred to Colonel Wauton, Mr. Dove, Mr. Bond, Mr. Holland, Mr. Richard Darley, or any Three of them, to consider of the Business touching the Arrears due for Excise upon the last Account, and of all Ways and Means for improving and advancing that Revenue, as well by farming any one Particular, or otherwise, and removing any Obstructions therein; and to report their Opinions to the House; with Power to send for Persons, Papers, Records: And they are to meet at the Place where the Committee of the Navy do fit, this Afternoon at Two of the Clock; and so to adjourn, from Time to Time, and Place to Place, de die in diem.
An Act impowering several Commissioners to put in Execution all and every the Powers and Authorities heretofore given to the Commissioners for compounding with Delinquents, and for Managing of all Estates under Sequestration, and to the Committee for Advance of Money, formerly sitting at Haberdashers Hall, was this Day read the Third time.
A Proviso was tendered to this Act, touching freeing Persons from being prosecuted for Delinquency, for any Act by them before the * of * 1644, not having acted any thing against the Parliament since that time: Which was this Day read the First time.
And the Question being put, That the same 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 this Act do not extend to take away any Power or Authority, formerly given to the Barons of the Exchequer, as well in Appeals of Delinquency, as judging and determining Cases upon Deeds, before them depending, or that shall be depending:" Which was this Day read the First time.
And the Question being put, That the same be read a Second time;
It passed with the Negative.
And the said Proviso was, upon the Question, rejected.
And the said Bill, being put to the Question, passed; and was ordered to be forthwith printed and published.
A Letter from Yarmouth, 11 Aprilis 1650, from Thomas Felsted and William Burton, with another Letter and Papers inclosed, were this Day read.