Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Saturday, the 6th of June, 1657.
RESOLVED, That the Report touching Captain Edmond Lister be now made.
Sir Edward Rhodes reports from the Committee to whom the Petition of Captain Edmond Lister and Joane his Wife was referred, The State of the Matter of Fact, with the Opinion of the said Committee in that Business, as followeth:
WALTER Hele was the Petitioner Joane's Great Grandfather, who had Issue Elize Hele and Nicho. Hele. Elize Hele died without Issue; and Nicho. had Issue Andrew and Thomas, and several Daughters. The Petitioner Joane is the sole Daughter and Heir of Andrew, and Grandchild and Heir of Walter, from whom the greatest Part of the Lands in Question did descend.
Elize Hele, Januarii, 8 Caroli, did settle all his Lands to the Defendants, and their Heirs, upon Trust that Alice and the Defendants should, with all convenient Speed, after the Death of the said Elize, employ and convert all and singular the said Manors, and other the Lands, Tenements, and Hereditaments, so conveyed to them, and the Rents, Issues, and Profits, to some godly, pious, and charitable Use and Uses, in such and such manner as they the said Alice Hele, John Maynard, John Hele, and Elize Sterte, and the Survivors and Survivor of them, and their Heirs, should, in their Judgment and Discretions, think meet; and doth not declare or direct any particular Use.
10 Januarii 1635, Elize Hele died, not giving any Peny Legacy to any of his Relations. Joane the Petitioner was not born; and her Father and herself disinherited, without any Cause pretended or alleged against them. The Petitioner Joane is lately married to Captain Edmond Lister.
Mr. Serjeant Maynard declares, That he is no otherways concerned than as a Person trusted. And, if the Parliament shall think fit, in their Judgment, to make any Disposure of it, he submits to it, and will not be aggrieved at it. The Trustees have at present employed, and are resolved to employ, to pious Uses, a considerable Part of the said Estate to several pious Uses; as, by the Particulars under Serjeant Maynard his Hand, appears, hereunto annexed.
Resolved, upon the Question, That it be reported, as the Opinion of this Committee, That the Remainder of the Estate of Elize Hele, not disposed, nor intended to be disposed of, to those charitable Uses mentioned in the Particular given in to the Committee by Mr. Serjeant Maynard, hereunto annexed, shall be settled upon the Petitioner, being Heir at Law of the said Elize Hele: And that the House be desired to direct the Bringing-in of a Bill for that Purpose, and for the Confirmation of the said charitable Uses.
1. There is a Workhouse to be settled for the Prisoners of the Gaol of Devon; and Provision for a Minister to instruct the Prisoners, and pray, &c. and for Materials.
In order to settle this, some Agreements were made with the Justices of that County, That the County should raise some Money, &c. Nine hundred and Eighty Pounds was paid by the Trustees; with Part of which a House was purchased, as I am informed; but the Work interrupted by the Wars, but must be proceeded in and finished.
2. The Rectory of Warrington and St. Giles is agreed to be settled on the Ministers of those Places; and is so employed.
3. Thirty-two Pounds per Annum is appointed to Exon College, for a Divinity Lecture, by way of Catechism, to young Scholars; and for teaching the ancient Language wherein the Scriptures are written.
4. The annual Revenue of all the rest of the Lands undisposed, is agreed and appointed to the Hospitals of Exon and Plymoutk, and the Mills called Bovey-Mills.
5. There is a School maintained at Moreton, and Ten Pounds per Annum allotted thereto.
6. There was an Agreement to settle a Maintenance for a School at Plimpton; but was not yet performed: And there we did intend to build a School-House, with fitting Conveniences, and to settle a good Maintenance for a Schoolmaster there; and had been done, but for the frequent Disturbances we have had.
7. There was also a Reversion of one Tenement, which we thought to settle on Totnes, for a School; but nothing is done in it yet.
There have been divers other charitable Uses; as Provisions for the Poor, Books for poor Ministers, Fuel for the Poor of Tavestock.
That which is left undisposed is only the Casualty of the Fines. by Renewing of Leases; to wit, so much of the Fines as shall remain after the Uses above performed; for the annual Revenue cannot accomplish them.
So the Value of what remains, I am not able to speak of any Certainty, but very conjecturally.
The Manor of Fardle and Denaton is settled on Thomas Hele, and his Sisters, according to a Decree in Chancery.
The Question being put, That this House doth agree with the Committee in this, That the Remainder of the Estate of Elize Hele, not disposed, nor intended to be disposed of, to those charitable Uses mentioned in the Particular given in to the Committee by Mr. Serjeant Maynard, unto the Report annexed, shall be settled upon the Petitioner, being Heir at Law of the said Elize Hele; and that it be referred back to the same Committee, to bring in a Bill for that Purpose; and for the Confirmation of the said charitable Uses;
The House was divided.
The Yeas went forth.
|Colonel White,||Tellers for . . . Yeas:||72.|
|Mr. Bodurda,||With the Yeas,|
|Mr. Trevor,||Tellers for the Noes:||48.|
|Mr. Lawrence,||With the Noes,|
So it was Resolved, That this House doth agree with the Committee to this, That the Remainder of the Estate of Elize Hele, not disposed, nor intended to be disposed of, to those charitable Uses mentioned in the Particular given in to the Committee by Mr. Serjeant Maynard, unto the Report annexed, shall be settled upon the Petitioner, being Heir at Law of the said Elize Hele; and that it be referred back to the same Committee, to bring in a Bill for that Purpose; and for the Confirmation of the said charitable Uses.
The humble Petition of Colonel Ralph Weldon, formerly Governor of Plymouth, was this Day read.
Ordered, That it be offered to his Highness the Lord Protector, as the Desire of the Parliament, That his Highness will be pleased to issue a Privy-Seal unto the Commissioners of his Highness' Treasury, authorizing and requiring them, out of the first Monies that shall come in to the Receipt of his Highness' Exchequer, out of the Prize-Office, to satisfy and pay the Sum of Four thousand Pounds unto Colonel Ralph Weldon, in Satisfaction of the Remainder of the Sum of Six thousand Pounds, charged upon the Excise to be paid unto him.
Ordered, That the Lord Lambert and Colonel Philip Jones be desired to present this Order to his Highness.
Ordered, That the Bill for Creditors and Prisoners, be read the Second time on Wednesday next.
Resolved, That the Bill for the Adventurers for Lands in Ireland, be read on Monday Morning, the first Business.
Estates in Ireland.
Resolved, That the ingrossed Bill for settling Estates in Ireland, be read on Monday Morning, next after the Bill for the Adventurers.
Resolved, That the Debate upon the Report made Yesterday from the Committee for Buildings, be adjourned till Monday Morning, Ten of the Clock.
Mr. Carey reports from the Committee to whom the Bill touching the Postage was committed, Amendments to the said Bill: Which were twice read; and, upon the Question agreed.
And the Bill, so amended, was, upon the Question, ordered to be ingrossed.
Colonel Carter reports Amendments to the Bill for Settling of Charles Lloyd, of London, Esquire, in his Lands in Ireland, in lieu of other Lands fallen to him by Lot, as an Adventurer: Which were twice read; and, upon the Question, agreed unto.
Resolved, That this Bill, thus amended, be ingrossed.
Resolved, That this House shall meddle with nothing but Publick Business from Monday next until Tuesday Sevennight; and that the Business for Monies shall have the First Place.
House to sit.
Resolved, That the House shall sit from Monday next until Tuesday Sevennight, Forenoon and Afternoon, upon Publick Business.
Resolved, That the Sitting of all private Committees shall be suspended during that time.
Petition from London.
Ordered, That the Petition of the Lord Mayor of London, and others, shall be read on Wednesday come Sevennight.
Ordered, That the House shall be adjourned until Monday Morning at Eight of Clock.
The House adjourned itself, accordingly.