Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Wednesday, July the 20th, 1659.
MR. Say reports from the Committee to whom the Petition of Mr. Solicitor Reynolds was referred, The State of the Matter of Fact upon the said Petition; and the Opinion of the said Committee, What is fit to be done therein; as followeth; viz.
That, upon the Twelfth of March 1651, it was resolved, by this Parliament, That for the faithful and eminent Services done to the Commonwealth by Commissary John Reynolds, that Lands in Ireland, of the yearly Value of Five hundred Pounds, should be settled on him and his Heirs: And that it be referred to the Commissioners of Parliament in Ireland, to see the same set out to him, accordingly: and to take care that he have the present Benefit thereof.
That it was then further resolved, That an Act should be brought in for settling the same accordingly.
That, in pursuance of the said Vote, the Manor of Carrick, in Ireland, being of the yearly Value of Five hundred Pounds, was, by the said Commissioners, set out to him the said John Reynolds; and he enjoyed the same, accordingly, during his Life; but no Act was brought in for the settling thereof, according to the said Order.
That the said John Reynolds, being so seised of the said Manor, and divers other Lands in England and Ireland; and being to go over Sea, as General of the English Forces sent into France, May 1657; made his last Will in Writing, all with his own Hand, and sealed with his Seal of Arms, and subscribed with his own Name, with Witnesses thereunto.
That, by his said Will, he settled Five hundred Pounds per Annum upon Sarah Russell, his espoused Wife, according to former Articles; gave her all his Personal Estate; and released his Marriage-Portion, being Three thousand Pounds.
Set out Lands to be sold for Payment of Debts, and for the Payment of Five hundred Pounds, to the College of Dublyn, and Five hundred Pounds to the Hospital.
And gave all the Residue of his Lands in England and Ireland to James Calthrope his Brother-in-law, and his Sister's Children, except the Manor of Carrick.
And devised the said Manor of Carrick, and all the Lands thereto belonging, to his Brother Robert Reynolds the Petitioner; paying an Annuity, Legacies to his Kindred and Servants, amounting to the Sum of One Thousand One hundred Pounds; and declared the said Annuity to be One hundred Pounds, to be paid to his Brother Thomas Reynolds, during Life.
That, after the Death of the said John Reynolds, one Samuell Wilson did enter into the Manor of Carrick, and kept Possession thereof for the said Robert Reynolds, the Petitioner, for a Season.
That the said Robert Reynolds prefers his Bill in Chancery, on the Behalf of himself, the Creditors and Legatees, against the said James Calthrop, lately stiled Sir James Calthrope, and Dorothy his Wife, the sole Sister and Heir of the whole Blood of the said John Reynolds, who opposed the said Will; and against the said Sarah Russell, his Widow, and others: The Will, and all the Parties and Witnesses, being in England, and a great Part of the Lands devised lying also in England, the Scope of the Bill was, To have the said Manor of Carrick, with the Land thereto belonging, decreed to the said Robert, and his Heirs, discharged of the Dower of the said Sarah; and to have all the Legacies and charitable Uses paid and performed, according to the said Will.
To which Bill, exhibited in Hilary Term 1657, the Defendant James Calthorpe, and his Wife, did put in a Demurrer; for that the said Manor of Carrick lay in Ireland; and so pretended, that the Court of Chancery here had no Jurisdiction: Which Demurrer, in Trinity Term 1658, was, upon solemn Argument, over-ruled by the then Lords Commissioners; and the said Defendants ordered to answer in Chief, without any saving of the Matter alleged in the Demurrer, till the Hearing of the Cause.
The said Defendants, after standing out Process of Contempt for not answering, and gaining the Possession, in the mean time, by the Assistance of Major Morgan, who delivered it to Calthorpe, pendente lite, in Michaelmas Term 1658, the said Defendant, James Calthorpe and Dorothy answer the Bill: The Effect whereof was, That if ever any such Will were made, as by the said Bill was pretended, they hoped to prove a Revocation thereof; but, in the whole Proceedings of the Cause, there was not any Proof made, or Colour of Proof, that the said Will was revoked; nor any one Witness examined by the Defendants to that Purpose; But, on the Plaintiff's Part, the Will was proved by very many Witnesses; as also the firm and constant Resolution of the said John to settle the said Manor of Carrick upon Robert Reynolds the Petitioner, and his Heirs, that it might continue in the Name, in regard of some eminent Service done in that Place by the said John: And it was likewise proved, That the said John, even to the very Night before he went last over Sea, did declare, That he had made his Will; and What he had given by the said Will; and, in particular, That he had given the said Manor of Carrick to the Petitioner, charged with divers Payments: And expressed great Affection to the Petitioner.
That the Cause came duly to Hearing in Trinity Term last, before the Master of the Rolls, assisted by Justice Archer: Who, having heard the Cause, decreed the said Manor to the Petitioner, and his Heirs, according to the Will; and to hold it discharged of Dower against the said Sarah, according to certain Articles made before Marriage, she having a Jointure in lieu thereof, unless Cause were shewn to the Contrary at the Day appointed: At which Day, no Cause being shewn, the Decree was made absolute; namely, on Wednesday the Two-and-twentieth of June 1659.
From this Decree, signed by the Master of the Rolls, and Justice Archer, the Defendants appealed to the Commissioners of the Seal: And, after re-hearing the Cause again, although the one Commissioner made some Scruple as to Part only, yet the other Commissioner was fully satisfied, that the said Decree was just; and hath since also signed the same.
Now, upon hearing at large Counsel on both Sides; upon perusing the said original Will; and upon hearing the Proofs and Depositions in the said Cause; this Committee is of Opinion, That the said Will is a good Will, and fully proved: And that the said Plaintiff hath no Remedy at Law, but only in Equity: And that the said Decree is a just Decree; and ought to be forthwith entered, inrolled, and confirmed by the Authority of Parliament: Which they humbly submit.
Resolved, That this House doth agree with the Committee, That the Will of John Reynolds Esquire, deceased, is a good Will.
Ordered, That the Commissioners for Management of the Government in Ireland, be, and are hereby authorized and required to put Robert Reynolds Esquire, SolicitorGeneral, into the quiet and peaceable Possession of the Manor of Carricke in Ireland.
Ordered, That an Act be brought in for settling the Manor of Carricke in Ireland, upon the said Robert Reynolds and his Heirs: And that Mr. Say and the Lord Whitlock, or one of them, do bring in a Bill, accordingly.
A Bill giving Powers to Commissioners for the Treasury, and bringing in of the Revenue into the Publick Exchequer of this Commonwealth, was this Day read the Second time; and, upon the Question, committed unto Sir Henry Mildmay, Colonel Lister, Mr. Robinson, Sir Henry Vane, Mr. Trenchard, Mr. John Gurdon, Mr. Corbet, Sir Wm. Strickland, Mr. Anlaby, Lord Lisle, Mr. Chaloner, Colonel Morley, Sir Thomas Wroth, Sir Wm. Brereton, Earl of Penbrooke, Mr. West, Mr. Say, Mr. Attorney-General, Mr. Ralegh, Lord St. John, Major Salway, Colonel Downes, Sir Arthur Hesilrig, Mr. Hay, Colonel Rich, Colonel Birch, Colonel Dove, Colonel Martyn, Colonel Purefoy, Colonel Sydenham, Mr. Dormer; and all that come to have Voices: or any Five of them: To meet this Afternoon, at Two of the Clock, in the Speaker's Chamber.
Thursday, the 21st of July 1659.
* * * * (fn. 1).
ORDERED, That the Committee to whom the Business touching the Forest of Deane is referred, or any Three of them, be revived; and do meet To-morrow in the Afternoon, at Two of the Clock, in the Court of Wards, to examine the Business; state Matter of Fact; and offer their Opinion to this House, what is fit for the present to be done, in that Business, for the Service of the Commonwealth, and Satisfaction of the Commoners: And that the Members of this House that are Commissioners of the Admiralty do attend the said Committee.
The House being informed, that the Sheriff and Justices of Peace of the County of Middlesex were at the Door;
They were called in: And, being come to the Bar, Sheriff * said;
"We the Sheriffs and Justices of Peace of the County of Middlesex, according to your Order, have repaired into the Country to Enfield Chace; and have done the best we can; and to take Information of the Names of the Rioters; and to have them taken; and to prevent any such Riotous meeting for the Time to come:" And said, That they had brought an Account, in Writing, of their Proceedings therein: Which he delivered: And, after the Sheriffs and Justices were withdrawn, was read; and was intituled "The humble Certificate and Account of the Sheriffs and Justices of Peace of the County of Middlesex, whose Names are subscribed, touching certain Riots in Enfield Chace."
Ordered, That Alderman Pennington and Alderman Atkins do acquaint the Sheriff and Justices of the Peace of the County of Middlesex, That this House do require, That they do proceed in Preservation of the Peace about Enfield Chace, and the Parts adjacent; and in Punishment of the Offenders, according to Law.
Ordered, That it be referred to the Committee to whom the Business touching the Forest of Deane is referred, or any Three of them, to examine the Business touching Enfield Chace; and to state Matter of Fact; and offer their Opinion to this House, what is fit for the present to be done in that Business.
Mr. Garland reports, Amendments to the Bill for demolishing of the Castle of Liverpoole: Which were twice read; and, upon the Question, agreed unto.
Ordered, That this Bill be ingrossed.
The House being informed, That divers Gentlemen of the County of Suffolk were at the Door;
They were called in: And one of the Petitioners said, in the Name of the rest, "I am desired by the Justices of Peace, Members of several Congregations, Gentlemen, and Freeholders of the County of Suffolk, to present their humble Desires and Addresses to your Honours: And I have divers Proposals to offer unto your Honours, in order to the Establishment of Truth and Righteousness in the Land: And the Petitioners humbly desired, That you will be pleased to take them into your Consideration: And presented Four several Petitions: Which, after the Petitioners were withdrawn, were read: Three of them were intituled "The humble Petition of divers Wellaffected in the County of Suffolk:" Another of them was intituled, "The humble Petition of divers Wellaffected Persons in the County of Suffolk, being real Friends to the good Old Cause."
The Petitioners were again called in: And Mr. Speaker gave them this Answer:
"The Parliament have read your Petitions, and the Matters therein: Most of them are under their Consideration: And, for your Proposals, they will, in convenient time, take them into Consideration. For your Expressions, they find them full of very good Affections: And for them I am commanded to give you the Thanks of this House: And, in their Names, I do give you the Thanks of this House accordingly."
A Bill, ingrossed, for Settlement of the Militia, was this Day read the Third time.
Resolved, That Humfrey Lower be one of the Commissioners for the Militia in the County of Cornwall.
The Question being put, That Sir Robert Barwick be one of the Commissioners for the County of Yorke;
The House was divided.
The Yeas went forth.
|Major-Gen. Skippon,||Tellers for the Yeas:||18.|
|Sir Wm. Brereton,||With the Yeas,|
|Mr. Robinson,||Tellers for the Noes:||21.|
|Mr. Anlaby,||With the Noes,|
So it passed with the Negative.
Ordered, That John Bradshawe, one of the Commissioners for the Great Seal, do attend this House To-morrow Morning; and take his Oath, as one of the Commissioners for the Great Seal.
The House adjourned until Two of the Clock.