Die Lunæ, 7° Junii, 1641.
SIR Wm. Uvedale, Mr. Littleton, Mr. John Meaux,
made the Protestation.
Fines in Chancery.
Sir Wm. Litton, Sir Edw. Ascough, Mr. Goodwin,
Mr. Hollis, Sir Oliver Luke, Mr. Valentine, Sir William
Massam, and all the Lawyers of the House, are added
to the Committee for the 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
"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
"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."
"Upon the whole Matter, the Committee thought fit
to resolve; and so commanded me to report it to you;"
"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.
"3. That the Estate of the Lady Eliz. Hatton, in the
said House and Lands, being good in Law, is not re-
deemable in Equity; nor subject to the said pretended
"4. That the Bill depending in the Court of Requests
out to be dismissed, upon the Merits of the Cause."
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.
vice lecta est Billa, An Act for the recovery of di-
vers Sums of Money, unduly raised upon Merchants
Goods exported and imported, due and yet not ac-
counted, for his Majesty.
The humble Petition of Sir H. Garway, Knight, and
Wm. Garway his Brother, was read; and nothing done
Farmers of Customs.
The humble Petition of the late Farmers of sundry
Customs, Imposts, Subsidies, and other Payments, was
read; and the Customers were called in:
Mr. Speaker told them, the House does expect from
them the Performance of their Proffer: and did require
them To-morrow Morning to give a preremptory Answer.
Message to Lords.
A Message to be sent to the 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
Ordered, That the House shall proceed, at this time,
to the Business of Providing of Monies.
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
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.
Ordered, That Mr. Solicitor, Mr. Glyn, Mr. Prideaux,
and Mr. Hide, shall meet with the Committee concern-
ing Plate To-morrow Morning at Six of Clock, to pre-
pare an Act concerning that Business.
Sir Wm. Armyn appointed to go up to the Lords with
To desire a Conference with their Lordships, by a
Committee of both Houses, so soon as it shall stand with
their Lordships Conveniency, concerning the Canons.
Sir Wm. Armyn brings Answer, that their Lordships
will give a present Meeting, by a Committee of the
whole House, as is desired.
Treaty with Scotland, &c.
A Message from the Lords, by J. Forster and J. Heath;
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
Answer returned by the same Messengers;
This House hath taken their Lordships Message into
Consideration; and will give a Meeting presently, as is
Mr. Hampden, Sir Tho. Barrington, Lord Falkland,
Mr. Goodwin, Mr. Hide, Mr. Carew, Sir Walter Earle,
are appointed Reporters of this Conference.
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.