House of Commons Journal Volume 10: 23 July 1689

Martis,23 die Julii; 1° Guliclmi et Mariæ.

Prayers.

Claims on Revenue.

A PETITION of Dame Anne Windham Widow of Sir Francis Windham, Baronet deceased, was read; setting forth, That in Consideration of the Service of the Petitioner, in concealing the late King Charles the Second after Worcester Fight, his said Majesty was pleased, by his Letters Patents, to grant her an Annuity of Four hundred Pounds for Life, Payable out of the Exchequer; and afterwards, to accept of a Surrender of the said Letters Patents; and, by others to grant the Petitioner's Two Daughters, Rachel and Frances, Two hundred Pounds per Annum to each of them, for their Lives; there being Four hundred Pounds due for a Year, ended at Midsummer 1689: And praying a Confirmation of the Petitioner's said Daughters Pension, with the said Arrear due as aforesaid.

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

A Petition of Sir Thomas Windham, Baronet, and Francis Windham, Esquire, Sons of Sir Francis Windham, Baronet, deceased, was read, setting forth, That, in Consideration of the Petitioners Father's Services to King Charles the First, and the Concealment of the late King Charles the Second at his House, the said King Charles the Second after his Restauration, was pleased by his Letters Patents, to Grant to the Petitioner's Father, and his Heirs Males, a Perpetuity of Six hundred Pounds per Annum, payable out of the Excise; and afterwards, out of a Branch of the Royal Revenue upon the Exchequer; whereof there is now due to the Petitioners Six hundred Pounds for One Year, ending at Midsummer 1689: and praying a Confirmation of the said Perpetuity, and the Arrear due as 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 Charles Mansell, eldest Son of Captain Francis Mansell, was read; setting forth, That his Father provided a small Ship; and therein, after the late King Charles the Second had made his Escape from the unfortunate Battle at Worcester, conveyed him and the Lord Willmot to France: In Consideration whereof, his said Majesty, by his Letters Patents, dated Eighteenth of July 1677, did grant a Pension of Two hundred Pounds per Annum to your Petitioner's said Father, for Ninety-nine Years, if he, and Barbara, his Wife, and the Petitioners his Sons, should so long live: That the Petitioner having nothing to support himself, and his Eight Brothers and Sisters, but what he receives of the said Pension; being in a mean Condition: And praying the House would settle the said Pension on the Petitioner, and his Brothers and Sisters, as formerly.

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 Mrs. Jane Berkley, Daughter of the late Lord Fitzharding, was read; setting forth, That the late King Charles the Second, in Consideration of the Petitioner's Loss of Two of her Brothers in his Service, did, in 1667, by his Letters Patents, settle upon the Petitioner a Pension of Two hundred Pounds per Annum; than which the Petitioner hath no other Subsistence, but what is in Ireland: And praying a Continuance of her said Pension, for her Support.

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.

Hele's Estate.

A Bill to enable Trustees to grant Leases of the Estate of Richard Hele, Esquire, . . . read the Third time.

Some Amendments were proposed to be made;

Press *, Line *, to leave out "or," in Two Places; and, instead thereof, to insert "and:" And, upon the Question severally put thereupon, were agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: and that the Title be, An Act to enable Trustees to grant Leases of the Estate of Richard Hele, Esquire.

Ordered, That Sir Walter Moyle do carry up the Bill to the Lords, for their Concurrence.

Claims on Revenue.

A Petition of Sir Joseph Seymour was read; setting forth, That King Charles the First, by his Letters Patents, granted to the Petitioner one of the Seven Auditors Places in the Exchequer for Life: and his late Majesty King Charles the Second, in respect of the Petitioner's Sufferings, upon the Sale of the Fee Farm Rents, the Benefits of the Office ceasing, did by his Letters Patents, grant to the Petitioner an Annuity of Two hundred Pounds for Life, payable out of the Exchequer (which was paid to Lady-day 1679, and no further); and the Fee of Twenty Pounds per Annum likewise (which was paid to Midsummer 1677, and no further): And being informed, that this House is regulating and settling of Annuities: And praying a Continuance of his Annuity to him in his ancient Days, he having no other Subsistence.

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 Amias Hext, and Juliana his Wife, was read; setting forth, That their late Majesties Charles and James the Second, in Consideration of their Services to King Charles in his Escape, by their Letters . . . ., did grant to the Petitioners an Annuity of Two hundred Pounds during their Lives, payable out of the Customs; of which there is now in Arrear One hundred Pounds for half a Year, ending at Midsummer 1689: And praying a Confirmation of the said Annuities to the Petitioners, with the Arrear due as 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 Robert Philips, Esquire was read; setting forth, That for his Services in conveying the late King Charles the Second into France, after the Fight at Worcester, his said Majesty, by his Letters Patents, did grant to the Petitioner an Annuity of Five hundred Pounds for Life: And praying for a Continuance of the said Annuity to him; and also, to have the Arrears thereof; it being the only Support of himself and Family.

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 Jane Davies, Widow, was read; setting forth, That in the late King Charles the Second's Time, in Consideration of an unquestionable Debt of Two thousand Five hundred Pounds due from his Majesty, she accepted of a small Payment of Two hundred Pounds a Year for Life (which she has received till Christmas last), as may appear in the Treasury Books, where the Consideration was entered: And praying a Continuance of the Payment; it being the whole Support of her Life, which is not likely to be long, being Seventy-nine Years of Age.

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 Charles Duke of St. Albans was read; setting forth, that his late Majesty Charles, the Second, having . . . the Duties upon Log-wood payable to him and his Heirs, by a Statute made in the Fourteenth Year of his Reign, did grant a Lease at Five Pounds per Annum Rent, for One-and-twenty Years, commencing in September, 35 Regni; and that the said Lease, though of small Value, is great Part of the Provision and Support of and for the Petitioner: And praying, that in settling the Revenue, he may so far be considered, as the said Lease may not be taken from him.

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.

Leave of Absence.

Ordered, That Sir John Hotham have Leave to go into the Country, for a Month.

Ordered, That Sir Francis Russell have Leave to go into the Country, for a Month.

Privilege- a person reprimanded and discharged.

* Latham, in Custody of the Serjeant at Arms, was brought into the Bar; and had, upon his Knees, the Reprimand of the House from Mr. Speaker: and thereupon he was discharged out of Custody.

Claims on Revenue

A Petition of Sir Walter St. John, Baronet, Sir Rich. How, Knight and Baronet, Sir Ralph Verney, and John Cary, Esquire, Trustees for the Right honourable Edward Henry Earl of Litchfield, and the Lady Charlot his Wife, was read; setting forth, That the Lady Charlot being the natural Daughter of the late King Charles the Second, who, upon a Treaty for a Marriage with the said Charlot, promised to give with her Twenty thousand Pounds in Portion, and to settle Two thousand Pounds per Annum till Payment; and pursuant thereto, by his Letters Patents, dated Twelfth September, in the Thirtieth Year of his Reign, did grant to the Petitioners, their Heirs and Assigns, Two thousand Pounds per Annum, out of the Revenue of Excise, in Trust for the Earl for Life; and after, for the Countess for her Life; and then to the Heirs and Assigns of the Earl for ever; but with a Proviso for the said Rent to cease, when his Majesty or Successors should, at One intire Payment, pay to the said Trustees Twenty thousand Pounds, and all Arrears of the Two thousand Pounds per Annum: That Fourteen thousand Pounds of the Twenty thousand Pounds remains unpaid, together with Two thousand Four hundred and Fifty Pounds for Arrears, making in all the Sum of Sixteen thousand Four hundred and Fifty Pounds; which is conceived to be duly charged upon the Revenue; and One thousand Four hundred Pounds per Annum till Payment of the same: That, as informed, this House intend to pass an Act for settling the Revenue, free from all Gifts, Grants, &c. whereby the said Money and Security may be in Danger of being lost: And praying, that some Provision may be made for the securing the Payment of the Sixteen thousand Four hundred and Fifty Pounds, and of the One thousand Four hundred Pounds per Annum, till the same shall be paid at one intire Payment.

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.

Blaire's, &c. Impeachment.

A Message from the Lords, by Mr. Mathwyn and Dr. Edisbury;

Mr. Speaker, We are commanded by the Lords, to deliver the Answers of Sir Adam Blaire and Dr. Grey to the Impeachment exhibited against them.

And then the Messengers withdrew.

Ordered, That the said Answers be read To-morrow Morning, at Ten a Clock.

Leave of Absence.

Ordered, That Sir Rich. Newdigate have Leave to go into the Country, for Ten Days.

Restoring Corporations.

Mr. Solicitor General reports from the Committee, to whom the Bill for restoring Corporations, was referred, That they had agreed to make several Amendments to the Bill; and also, that they had considered of the Petition from the City of Canterbury, and had agreed upon a Report touching the Case thereupon: Which Amendments and Report he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout: And several of the Amendments were read, a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

The Amendment, Folio 5, Line 3, was read a Second time; viz. after "Living," to insert these Words, "or the major Part of them present."

An Amendment was proposed, by adding, instead of "or the major Part of them," these Words, "together with such as were then present Members of the Corporation, on the Twenty-fourth Day of June, in the Year of our Lord One thousand Six hundred and Seventy-five."

The Question was proposed, That the said Words be added to the said Amendment:

And the previous Question was put, That that Question be now put:

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

And the main Question being put, That the said Words be added to the said Amendment;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Then another Amendment was proposed, by adding these Words, "together with all other Persons who were Freemen of the respective Corporations Three Months before such Surrenders and Seizures made, or Scire facias, or Quo Warranto, or Information in the Nature of a Quo Warranto sued out, or the Major Part of them being then present;" and, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House doth agree with the Committee in the Amendment, so amended.

Several other subsequent Amendments were severally read a Second time; and, upon the Question severally put thereupon, agreed unto by the House.

An Amendment was proposed to be made, Folio 7, Line 12, after "restored," to insert these Words, "or to or for any charitable or publick Use, within or under the Jurisdiction or Management of such Corporations, Bodies Politick or Corporate respectively;" and, upon the Question put thereupon, agreed unto by the House.

Other of the Amendments of Clause (A) were severally read a Second time; and, upon the Question put thereupon, agreed unto by the House.

Resolved, That the Consideration of the Residue of the Amendments be adjourned till To-morrow Morning, Ten of the Clock.

Claims on Revenue.

A Petition of several Noblemen, Peers of the Realm, who were domestick Servants of the late King Charles the Second, on Behalf of themselves, and other his said Majesty's Servants, and Widows and Orphans, was read; setting forth, That they, for valuable Considerations, have respective Grants of several Annuities, Rent Charges, and Perpetuities, from the late King Charles the Second, and other his Royal Progenitors, charged on the Revenue: That, as advised, they, having legal and undoubted Titles thereunto, have valued the same accordingly, as well in Settlements of Marriage, and in Securities for Debts, and for Provision for younger Children: That, as informed, the House have passed a Vote for settling the Revenue, discharged from all Pensions, Grants, &c. whereby the Petitioners said Grants may be destroyed: And that the Petitioners are respectively intitled to several Sums due to them for Wages, as domestick Servants to his said Majesty; for Payment whereof, Provision was made by an Act of Parliament, made in the First Year of the Reign of the late King James the Second, intituled, An Act for granting an Imposition on all Tobacco and Sugar imported between the Twenty-fourth of June 1685, and the Twenty-fourth of June 1693: All which will be likewise lost to the Petitioners; and the Money raised by virtue of that Act, will not be applied to the Purpose for which it was given, if the said Act should pass: And praying, that their respective Grants and Interests may be secured and provided for, in such Act intended for settling their Majesties said 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 George Lord Viscount Grandison, the only surviving Trustee for George Duke of Northumberland, was read; setting forth, That his late Majesty King Charles the Second, by his Letters Patents, granted to the Petitioner, in Trust for the said Duke, the several Grants following; viz. To the Lord Grandison and Colonel Villers, of the Rent of Five hundred Pounds per Annum, reserved upon a Lease heretofore made of the Prizage and Butlerage to Sir Wm. Waller, and others, and the Residue of the said Prizage and Butlerage; habend,' in Trust for the said Duke, and the Heirs Male of his Body; with Remainder over: To the Duke, and the Heirs Male of his Body, the Profits of the Seals of the Courts of King's Bench and Common Pleas, at One thousand Seven hundred Pounds Rent per Annum to the Crown: To the said Duke, and the Heirs Male of his Body, Three thousand Pounds per Annum, out of the Excise of London, and several Counties; with the Remainders of the like Annuities granted to his Two Brothers, in case they should die without Heir Male: Besides several Grants in Reversion, after the Duchess of Cleaveland's Death, and his Two Brothers, if they die without Issue Male: These being the Provisions which the said late King made for the Duke, and his Posterity, and the only Means of their Subsistence, and maintaining their Honour; and the said Duke having done nothing to forfeit the Favour of the present Government; but contrarily, having resolved to expose himself to the utmost for the Honour and Service thereof, and of his native Country; and to that End, being at this time actually engaged as a Volunteer in the War against the French, at his own Expence; he hath no Reason to believe, that he shall be deprived of those Grants, which he looks upon as his just and lawful Properties. And the said Petitioners praying, That, in regard the said Grants are the Duke's only Subsistence, that the same may be excepted in the said Bill, or to make some other Provision for him.

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 Antony Sturt, Esquire, was read; setting forth, That his late Majesty King Charles the Second, being justly indebted to the Petitioner in Five thousand Four hundred Sixty-six Pounds Five Shillings and Elevenpence, by his Letters Patents, did, in Consideration thereof, grant to the Petitioner the annual Sum of Three hundred Twenty-seven Pounds Nineteen Shillings and Two-pence, out of the hereditary Revenue of Excise, which had been paid till Lady Day 1683: And that, being informed, the House intend to pass a Bill for settling the Revenue, discharged of all Pensions, Gifts, and Grants, which will prove prejudicial to the said Grant made to the Petitioner: And praying the Petitioner's Grant may not be prejudiced by any Act to be passed; but that he may enjoy the Benefit thereof.

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 his Majesty King Charles the Second's sworn Servants belonging to the Robes, was read; setting forth, That, by the Act 1 Jac. II^dl, laying an Imposition on Tobacco and Sugars for Eight Years, Provision was made for the Payment of the Petitioners, and other the said King's Servants Debts: That, although there is justly due to the Petitioners, for Goods delivered into the Office of Robes, for the proper Wearing of the said King Charles, in the Years 81, 82, 83, and 1684, to the Value of about Twenty thousand Pounds; and the Adjustment thereof hath been allowed and signed by Henry Sidney, Esquire (now Lord Sidney), Master of the Robes; and afterwards approved of by King James; yet the Petitioners have received no Benefit by the said Act, contrary (as they conceive) to the Intent of the same: By reason whereof, they are reduced to very great Necessities, and innumerous Families depending upon them: And praying the Consideration of the House, as they may be paid by the said Act, or otherwise provided for.

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.

Committee.

Ordered, That all Committees be revived; and do sit this Afternoon.

And then the House adjourned till To-morrow Morning, Eight of the Clock.