A Genealogy of the Barnum, Barnam and Barnham Family

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Notes for Henry WHALLEY

He was a Judge Advocate under Cromwell.

Henry moved to northern Ireland. His descendents later moved to America, settling in western Connecticut and later in various counties in New York. Henry Whaley supposedly had a will. It is not certain whether it was written in Ireland or England. All old Irish wills have been destroyed but an index is supposed to be available.

In the House of Lords, 8 June 1648 the Articles for the Surrender of Canterbury to Commissary General Ireton were signed by the Commissioners on behalf of his excellency Lord General Fairfax; Jo. Barkstead, E. Grosvenor and H. Whalley.

In the House of Commons, Wednesday, December 3, 1656: The Master of the Rolls. [William Lenthall] Judge-Advocate Whalley's case is very hard. I desire his bill may be read.
Mr. _?_ Scotch. It being appointed to be read another day, and it being now adjourned sine die, it ought not to be read without a new order to that purpose; so I would not have it read now.
An Act for settling Henry Whalley and Erasmus Smith in certain lands fallen to them by lots, upon the adventures in Ireland: acres, Irish measure, 11,750; formerly of the Lords of Ardes and Glainboise.
They pretend that one may compound, per the Lord Protector's ordinance; and that the other has articles of war, (viz. Lord of Ardes.) It was desired that these lots, being cast in first, might, notwithstanding these claims, be settled upon them.
Sir John Reynolds and Colonel Markham. Would have some expedient found upon committing of the bill, to satisfy Judge Advocate Whalley some other way, for Lord Glainboise has compounded for these lands, according to the ordinance of his Highness. You ought to be tender, likewise, in the articles which Lord Ardes pretends to; hope you will use mercy rather than rigour.
Mr. - Scotch. Lord Glainboise hath been very faithful to you, though he had the hap to be a little wrong, for which he was sequestered; and having compounded (if it be reversed), who is secured ?
Mr. Robinson. These adventurers ought to be specially respected; for they were the first that trusted you, as that gentleman told you. If you be not steady, who will trust you? I would rather violate the other claims, than those which were grounded upon so much trust and confidence in your cause, when it was but in its infancy. I speak it not for Judge-Advocate Whalley, nor for Mr. Smith. I know him not: but I speak for the justice and credit of your old cause. I would not have that trust violated, of all trusts whatsoever. The good old interest ought to be borne up.
Lord Lambert. Lord Glainboise did compound, and was to pay 10,000l., which was as much, if not more, than the estate were worth if it were to be sold. Lord Ardes, by the articles, was to enjoy his estate till the Parliament took further notice. Now the Parliament has taken further notice by the declaration, whereby time was given for such persons, with their estates, to be gone.
All parties have been heard, too and again, in this last case, both before the Committee of Articles (who thought they had power to hear, but not to determine,) and before his Highness and his council, who thought they had not power in it, so they were transferred into Ireland, to be relieved according to the orders and ordinances of Parliament.
I would have this committed, and if you find a clear right in these Lords, or either of them, to their estates, it may be provided some other way for the adventurers; for it may be other men's cases as well as theirs. But I would have you specially tender in performing your trusts and credits. I know that Judge-Advocate Whalley and Mr. Smith have taken a great deal of pains in the business.
The Master of the Rolls. If this adventure be taken from them, which they have assigned them by lot, they can never resort again; so by this means they lose the whole. I care not, so it be not totally lost. It was your first faith, and it may be well called an adventure; for Ireland was almost all lost when they adventured.
"The King made himself merry," said Luke Robinson, "by saying of these adventurers, that 'you carved the lion's skin before he was dead.'" I desire that it may be committed for the relief of the adventurers. From: 'The Diary of Thomas Burton: 3 December 1656', Diary of Thomas Burton esq, volume 1: July 1653 - April 1657 (1828), pp. 1-11. URL: http://www.british-history.ac.uk/report.asp?compid=36738&strquery=whalley. Date accessed: 06 June 2006.

On the list of speakers before the Parliaments of 1656 and 1658-9 appears the name of Whalley, Henry, Judge Advocate, Selkirk and Peebleshire. From: 'List of speakers: Parliaments of 1656 and 1658-9', Diary of Thomas Burton esq, volume 4: March - April 1659 (1828), pp. 487-99. URL: http://www.british-history.ac.uk/report.asp?compid=36964&strquery=whalley. Date accessed: 06 June 2006.


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