House of Commons Journal Volume 10: 20 July 1689

Sabbati, 20 die Julii; 1° Gulielmi et Mariæ.

Prayers.

Collection of Customs, &c. after Death of Car. II.

ORDERED, That the Committee to whom it was referred to collect, out of the Books and Proclamations touching the Customs and Excise, What they conceived necessary relating to the Collecting the same, between the Death of King Charles the Second, and the Parliament that was held in time of King James the Second, have Power to send for Persons, Papers, and Records; and examine the same in relation to the Matters aforesaid.

Aulnage Duty.

Ordered, That the Bill for taking away the Subsidy and Duty of Aulnage, and laying an additional Duty upon Cloth exported, be now read a Second time.

The Bill was read the Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That the House do, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider of the said Bill.

Orphans of London.

A Bill for Relief of the Orphans of the City of London, was read the First time.

Resolved, That the Bill be read a Second time, on Wednesday Morning next, the First Business.

Claims on Publick Revenue.

A Petition of the Countess of Bristoll was read; setting forth, That King Charles the Second, by Letters Patents, dated Ninth Day of September 1670, did grant to Wm. Earl of Bedford, and John Russell Esquire, in Trust for the Petitioner, an Annuity of One thousand Pounds per Annum, payable out of Tenths, during her Life; which Grant was made in Consideration of the great Services and Sufferings of the Earl of Bristoll for the Crown; and a Proviso was inserted for the same, in . . Act of Parliament in the Reign of the said King, That after the Death of her Son Captain Digby (who died in the Service of the Crown), and for the better enabling the Petitioner to pay his Debts, the said late King was pleased to grant to her another Pension of One thousand Pounds a Year, out of the Tenths; which the late King James, by a new Grant, thought reasonable to be continued for her Life: And his present Majesty hath also been pleased to allow the Payment of the said Pensions: And that the said Grants, so grounded on just and reasonable Considerations, are the only Means of the Petitioners Subsistence: And praying the Consideration of her Case, and that her Rights to the said Pensions may be saved.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Elizabeth Hamilton, Widow, the Relict of James Hamilton, Esquire, deceased; and of James Hamilton, George Hamilton, and Wm. Hamilton, Esquires, Sons of the said James and Elizabeth, was read; setting forth, That the Petitioner Elizabeth was Daughter of John Lord Culpepper, deceased, who was in Exile with his late Majesty King Charles the Second; and being in the Year 1660, Maid of Honour to the Princess Royal, Mother to his present Majesty, a Marriage was proposed between the Petitioner and the said James Hamilton, One of the Grooms of his then Majesty's Bed Chamber, and Nephew to James late Duke of Ormond; which Marriage, his then Majesty so far induced, That he promised to the Lord Culpepper, if the Marriage took, to give to the said James Hamilton the Rangerships of Hydepark, during his Life; and not to restore the Deer (before that time taken out) without a full Recompence to him: And that in case the Petitioner Elizabeth survived the said James, the King would settle on her a Pension of Five hundred Pounds per Annum, for Life: Which Marriage, upon such Treaties, in the Month of August 1660, was solemnized: That the King, in pursuance of his Promise, did, by his Letters Patents, dated Twentyfourth of November following, give the Rangerships, and all Profits thereof, to the said James: And that he so enjoyed the same till 1670, when his Majesty had a Desire to restore Deer in the Park; and, in Remembrance of his Promise of Recompense to the said James for his so doing, referred the Matter to his Auditor Sir Robert Long, and Sir Charles Harbord, his Surveyor; who, Fourteenth June 1670, reported, That the Rents and Profits of the said Park, as the said James had made them, amounted to Eight hundred Sixty-eight Pounds Ten Shillings per Annum: That his said Majesty, by Letters Patents, dated the Fifteenth Day of May 1671, in Consideration of the said James surrendering his Interest in the said Park, did grant him an Annuity of Eight hundred and Fifty Pounds for his Life, to be paid out of the Tenths of the Clergy, within the Diocese of Oxon, Worcester, Hereford, and St. David's: And that if the Petitioner Eliz. should survive her said Husband, his said Majesty was pleased, in pursuance of his said Promise before her Marriage, to grant to her, by his former Letters Patents, an Annuity of Five hundred Pounds per Annum for Life, to be paid out of the Tenths aforesaid: That the said James Hamilton died in the Month of June 1673, being unfortunately slain in his said Majesty's Service: That his said Majesty, by his Letters Patents, dated the Twentieth of June 1673 taking notice of the said James's being slain in his Service, and for a Recompence to his Family, was pleased to continue the said Pension of Eight hundred and Fifty Pounds per Annum, to the Petitioners James, George, and William Hamilton, his Sons; and, in Consideration that the Petitioner Elizabeth had surrendered the Letters Patents, whereby her Five hundred Pounds per Annum was granted, did grant her an Annuity of Eight hundred and Fifty Pounds for Ninety-nine Years, if the Petitioner, or any of her said Sons, should so long live, in Trust for them, in such Proportions as the Petitioner Elizabeth should think fit; and to the Petitioner Eliz. for her Life, One Annuity of Five hundred Pounds, to be paid out of the Tenths aforesaid . . the Dioceses of Chester and Rochester; and what should remain of the other Dioceses, after the Eight hundred and Fifty Pounds paid: That the Petitioner Elizabeth, upon the Marriage of her Son James with his now Wife, did, in October 1683, appoint Four hundred and Twenty-five Pounds per Annum, of the Pension of Eight hundred and Fifty Pounds per Annum, to him, or for his Benefit: That the said Pensions have been duly paid: But that the Petitioners are in some Apprehensions of Danger from the Vote of this House, for settling their Majesties Revenue, discharged of all Pensions, annual Payments, or other Charges,-if any Acts should pass, in pursuance thereof, they may lose their said Pensions, so granted on such valuable Considerations: And praying, That by such Acts for settling the Revenue, or otherwise, some Provisions may be made for the Petitioners, and securing their Pensions.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Sir John Shawe, and others, was read; setting forth, That the Petitioners are severally interested, to them and their Heirs, in several Annuities, issuing out of the hereditary Excise, under several Grants, made by the late King Charles the Second, to Sir John Shawe, Sir Tho. Wolstenholme, and Simon Bennett, Esquire, deceased, legal Grantees for Money lent; which Annuities are in Arrear about the Space of Six Years: That the Petitioners are informed of a Bill intended to pass this House, For settling the Revenue on their Majesties, freed from all Pensions, Gifts, and Grants; from whence the Petitioners are under the Apprehensions, That their Rents and Securities will be avoided; their Rights whereto they being ready to make appear; and praying, That their Rights and Intersts in their said Rents may be preserved; and the same, and the Arrears thereof, may be paid to them, their Heirs and Assigns.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of the Lady Howard was read; setting forth, That the Lord Howard of Escrick, deceased, was by his late Majesty King Charles the Second, sent into Flanders in the Year 1678, with the First Regiment of Guards, in the War against France; where he died: In Consideration whereof, and of his Services to the Crown, he was pleased, by his Letters Patents, to grant to the Petitioner an Annuity of Five hundred Pounds per Annum Pension, out of the Exchequer; which she duly received: And praying, that the same may be preserved to the Petitioner, and not impeached, or taken from her, by the Bill, which is now depending for settling their Majesties Revenue.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Mary Kirke, Widow, was read; setting forth, That his late Majesty King Charles the Second, by his Letters Patents, did grant, in Consideration of Two thousand Five hundred Pounds paid for him, his Heirs and Successors, to the Petitioner, by the Name of Mary Townsend Wife of George Kirke, Gentleman, and her Assigns, for a Jointure, an Annuity of Five hundred Pounds per Annum, out of the Rents, Issues, and Profits, of the Honour of Grafton, in the County of Northampton, by equal Portions: That the Annuity has been duly paid: But that the House having passed some Votes for settling the Revenue, discharged of all Pensions and Grants: And praying, Provision may be made for the Petitioner, for securing her said Annuity.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Sir Stephen Fox was read; setting forth, That his late Majesty King Charles the Second, by Letters Patents, dated the Twenty-eighth of May, in the Thirtysecond Year of his Reign, in Consideration of a Surrender made to him by Robert Earl of Sunderland, of a certain Estate, which he had for his Life; and for other Causes; did grant to the said Earl an Annuity of One thousand Pounds per Annum, to him and his Executors, for a Term of One-and-twenty Years, to be issuing out of the Tenths of the Clergy, within the Dioceses of Yorke, Exeter, Winton, Lincolne, and Sarum, as by the Letters may appear: That, by several mean Conveyances and Assignments, and for a valuable Consideration, actually in Money paid to those, who had before purchased the said Annuity from the Earl of Sunderland, the same Annuity is vested and settled in Charles Toll, for the Residue of the Term, in Trust for the Petitioner: And that his Annuity not accruing to him as a Matter of Bounty, he never having received any of that Nature, but such, where his Service was to be rewarded with the Profits of those Employments, which have been conferred upon him: And praying the Consideration of his Annuity, as purchased with his own Estate; and whereupon he hath a legal Title; and that the same may be reserved to him for the Residue of the Term being Eleven Years and an half, from Michaelmas next.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

Claims on publick Revenue.

A Petition of Sir Robert Dashwood, Sir Samuel Dashwood, John Pery, and Edward Noell, Executors of the last Will and Testament of George Dashwood, Esquire, deceased, was read; setting forth, That by an Act made 15° Car. II^di, for settling the Profits of the Post Office, and Wine Licences, upon the then Duke of Yorke, and his Heirs Males; It is Enacted, That his then Majesty might have the Power to charge any Sums thereon, not exceeding Five thousand Three hundred Eighty-two Pounds Ten Shillings, to be paid yearly thereout: That his said Majesty, by Letters Patents, dated 19 Januarii, 20 Regni, was pleased to grant to George Lord Viscount Grandison, and Edward Villers, Esquire, and their Heirs, the Sum of Four thousand Seven hundred Pounds, Part of the said Five thousand Three hundred Eighty-two Pounds Ten Shillings: Which Grant was afterwards confirmed by a succeeding Act of Parliament, made 22° & 23° Car. II^di: That the Petitioners, being advised of the Validity of the said Grant, did advance and lend, by way of Mortgage, Six thousand Pounds principal Money, on a Grant of Three thousand Pounds per Annum, Part of the Four thousand Seven hundred Pounds, to be repaid with Interest at a Day since past; and they being informed of this House's Intentions, of settling the Revenue Bill freed from all Pensions and Grants; and praying a Clause may be inserted, for confirming the Petitioners Right and Title to the said Sum of Four thousand Seven hundred Pounds per Annum; and that the same may be paid to them pursuant to their Grant aforesaid.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Sir Samuel Morland was read; setting forth, That the late King Charles the Second was pleased by his Letters Patents, to settle several Annuities on the Petitioner; viz. One Pension of Two hundred Pounds per Annum, out of the Excise, for the Life of him and his Son Samuel; the which he has resigned to his Son; another of Two hundred Pounds per Annum, out of the Tenths, for the same Estate; and a Third Pension of Four hundred Pounds per Annum, for Life, out of the Tenths also: And that the Petitioner hath much impoverished himself by his Services for the Publick; and hath no other Subsistence but his said Pensions to live on, and support his Family: And praying, That he and his Son may have their Pensions continued to them, according to the Tenor of the said several Letters Patents of the late King Charles the Second.

Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of Frances Duchess of Richmond and Lenox was read; setting forth, That she was legally vested in the Lordship of Aubony in France, on the Right of the Duke her Husband, by a Grant from the late King Charles the Second; but that the Estate of Auboney having been in the Family of Lenox, ever since the time of Charles the Seventh of France: And the Title of Richmond and Lenox being, after the Duke's Death, transferred to another Person; it was the said King's Desire, That the Lordship should accompany the Title; and prevailed with the Petitioner so to do, in Order to the settling it on the now Duke of Richmond and Lenox: And in lieu thereof, his Majesty granted to the Petitioner an Annuity of One thousand Pounds per Annum, by his Letters Patents; and settled it upon the hereditary Excise of Beer and Ale, which was duly paid her: And praying, That the House will not take from her the Annuity she has in lieu of her just and legal Jointure.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

The Case of Barbara Duchess of Cleaveland was read; setting forth, That the late King Charles the Second, by Act of Parliament, 14 Car. II. Cap. 14. for settling the Post Office, did reserve a Power to charge the same . . . . the Sum of Five thousand Three hundred Eighty-two Pounds Ten Shillings: That, in pursuance thereof, his Majesty, by his Letters Patents, dated 19 Januarii following, reciting the Power to grant to the Lord Grandison, and Sir Edw. Villers, and their Heirs, in Trust for the Duchess, the Sum of Four thousand Seven hundred Pounds per Annum, Part of the Five thousand Three hundred Eightytwo Pounds Ten Shillings per Annum, to be paid Quarterly: That afterwards, by the Act of Parliament, made 26 Februarii, 22 Car. II. N. 44. the said Grants were confirmed: And that his Majesty having made this Provision for the Duchess, and she looking on the same as an inviolable Security, has not only parted with all her other Estate amongst her Children, but likewise further, to support the Honours of the Dukes of Grafton and Northumberland, some Years since, made herself Tenant for Life; and settled the Remainder, as to One Moiety, on the Duke of Grafton, and the other on the Duke of Northumberland, and their Heirs Males; and in regard she had it as a Support from his Majesty, she has settled the Reversion, for want of Issue Male of the said Dukes, on the Crown: And desiring, That this House would make such Provision in the Act, intending to pass, for her, and the said Dukes, as may preserve the said Estate to her and them, according to the Intention of the said Letters Patents, and Acts of Parliament.

Ordered, That the said Case be referred to the Consideration of the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

Rights of the Subject, &c.

Then the Managers went to the free Conference, according to the Appointment Yesterday, upon the Bill for declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.

Sir Wm. Poultney reports from the free Conference with the Lords, That the Managers appointed had attended: And that * *, and * *, managed the Conference for the Lords: And that the Matter had been debated by both Parties; and that it was hoped, the Lords would agree with this House touching the Bill.

Plymoth Election.

A Petition of Martin Ryder, Esquire, was read; setting forth, That the Petitioner being duly elected a Burgess for Plymoth, in the room of the Right Honourable Arthur Earl of Torringten, by the Majority of Electors polled, and allowed by Wm. Symonds, Esquire, Mayor of the Borough; yet he hath returned John Granvile, Esquire, and not the Petitioner; in Prejudice of the Borough, and of the Petitioner's Right to serve in this House: And praying the Consideration of the Merits of the Election; and to appoint a Day for that Purpose.

Ordered, That the said Petitition be referred to the Committee of Privileges and Elections; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Claims on Publick Revenue.

A Petition of Philip Darcye, Esquire, was read; setting forth, That the Petitioner having laid out Two thousand Pounds upon the Purchase of a Command in the Guards in the time of King Charles the Second, which the late King James did not continue to him; but, in lieu thereof, as a Pension or Salary of Four hundred Pounds per Annum, was established on him, upon Part of the Revenue; without which the Petitioner will be under great Difficulties: And praying the Consideration of the House therein.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Petition of the Lady Jane Lane, now Fisher, and of Tho. Lane, Esquire, was read; setting forth, That his late Majesty King Charles the II^d, for the Services done by them, and their Family, to the Crown, was pleased to grant to the Petitioner the Lady, a Pension of One thousand Pounds per Annum for Life; and to the Petitioner Thomas, a Pension of Five hundred Pounds per Annum for Life, also: And praying, That in the Bill, which is now passing, concerning their Majesties Revenue, the said yearly Payments may be preserved to them.

Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House, to whom the Bill for settling the Revenue, is referred.

A Motion being made, That the Consideration of the several Petitions mentioned in the List or Particular of the Perpetuities and Pensions now before the House, may be referred to the Committee of the whole House, to whom the Bill for settling the Revenue, is referred;

And a Debate arising thereupon;

Resolved, That the said Debate be adjourned till Monday Morning, Ten of the Clock.

Resolved, That Mr. Hawles have Leave to attend the House of Lords, as Counsel, in a Cause between Terry and Freeman.

And then the House adjourned till Monday Morning, Eight a Clock.