House of Commons Journal Volume 11: 1 February 1694

Jovis, 1 die Februarii;

5° Gulielmi et Mariæ.

Prayers.

Holt's Estate.

A PETITION of Andrew Fountein Esquire was presented to the House, and read; setting forth, That the Petitioner lent Sir Robert Holt, Father of Sir Charles Holt, the Sum of 5,000l. and took an Assignment of a Mortgage as his Security: That the Court of Exchequer, without any Declaration of Trust, or any Tryal at Law, have decreed, That there was a secret and implied Trust in the Petitioner, for the Use of Mr. Coke: That the House of Lords, upon a Hearing, did adjudge a Tryal in this Case; but afterwards, in a new Parliament, before any Tryal, or without Notice to the Petitioner, they have changed the former Issue directed, so as entirely to cut off the Petitioner's just Defence; which, both by the Exchequer, and their Lordships former Judgment, was allowed him; so that a Verdict passed against the Petitioner by Default: That a Bill is brought into this House for Confirmation of the said Decree, and Second Order of the Lords; which if it should pass, not only a Rent-charge of 1,000l. per Ann, which was always, whenever questioned, adjudged to the Petitioner, but all his paternal, real, and personal Estate, and his Fortune with Two Wives, amounting to above 10,000l. will, by an unprecedented Sequestration, without any Provision for his Wife and Children, be wholly taken away: And praying, That he may be heard by his Counsel, to the Premises; and that the whole Matter, being of the first Impression, and of great Consequence, may be set forth, before any further Procedure upon the said Bill.

Ordered, That the said Petition do lie upon the Table until the said Bill be read the Second time.

Whitley's Estate.

Mr. Fenwick reported from the Committee, to whom the Bill to enable Roger Whitley Esquire, and Thomas Whitley Esquire, to exchange certain Lands, of equal Value, within the County of Chester, was committed, That they had examined and considered the Matters of the Bill; and had made some Amendments thereunto; which they had directed him to report to the House; and which he read in his Place, with the Coherence; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Royal Mines.

A Message from the Lords, by Sir Miles Cook, and Mr. Meredeth;

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act to prevent Disputes and Controversies concerning Royal Mines, without any Amendments.

And then the Messengers withdrew.

Holt's Estate.

A Bill for divesting several . . . . . . out of Andrew Fountein Esquire, and others, and vesting the same in Trustees, for raising and paying the Money upon the said Securities; and assigning the Residue of the Estate, incumbered therewith, to Sir Charles Holt Baronet; was read a Second time.

Resolved, That the Bill be committed to Lord Digby, Mr. Shackerly, Mr. Clark, Mr. Burdet, Sir Chr. Musgrave, Mr. Lutterell, Sir Henry Goff, Mr. Bickerstaffe, Sir Charles Sidley, Sir Math. Andrews, Mr. Dolben, Sir Tho. Dyke, Major Vincent, Mr. Hutchinson, Sir Ra. Dutton, Mr. Pooley, Sir Jerv. Elwes, Sir Wm. Cooper, Mr. Christy, Mr. Charter, Mr. Gwyn, Sir Tho. Middleton, Mr. Dyot, Sir Richard Hart, Mr. Freeman, Mr. Blofield, Mr. Hungerford, Sir Fra. Blake, Mr. White, Sir John Lowther, Mr. Foley, Mr. Pelham, Mr. Ryder, Colonel Titus, Sir Roger Puleston, Mr. Jervois, Mr. Slater, Mr. Preston, Sir John Guise, Mr. Chadwick, Mr. Arnold, Mr. Bromley, Mr. Henley, Mr. Travers, Mr. How, Mr. Kenyon, Sir Jac. Ashley, Sir Herbert Crofts, Mr. Gilbert, Mr. Gerrard, Mr. Waller, Sir John Key, Colonel Granville, Mr. Ogle, Mr. Hedger, Sir Tho. Pope Blount, Mr. Goldwell, Mr. Biddulph: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Ordered, That the Examination and Consideration of the Petition of Andrew Founteine Esquire, this Day presented to the House, and read, be referred to the said Committee: Who are to hear the said Petitioner by his Counsel; and to report the Matter, with their Opinion therein, to the House.

Miscarriages of the Fleet.

The House being informed, That the Admirals, who commanded the Fleet the last Summer, attended, according to Order;

They were called in; and, at the Bar, presented to the House Mr. Secretary Trenchard's Letter, of the 31 Day of May last; and the List of the Ships, and Advices, mentioned therein; and also Copies thereof.

And then withdrew.

Resolved, That this House will, upon Monday Morning next, after Eleven a Clock, take into further Consideration the Miscarriages of the Fleet the last Summer.

Supply Bill; Million-Act Deficiency.

An ingrossed Bill, for supplying the Deficiency of the Million-Act, was read the Third time.

An ingrossed Clause was offered, as a Rider, That all Grants made of the Surplus of the Money, arising by virtue of the Act, should be void.

And the same was read Three times; and, upon the Question put thereupon, was agreed to be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title be, An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten hundred thousand Pounds towards carrying on the War against France.

Ordered, That Sir Thomas Littleton do carry the Bill to the Lords, and desire their Concurrence thereunto.

Leave of Absence.

Ordered, That Mr. Harris have Leave to go into the Country, for Recovery of his Health.

Ordered, That Mr. Pawlet have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Sir John Knight have Leave to go into the Country, upon extraordinary Occasions.

Call of the House.

Ordered, That the House be called over upon this Day Sevennight: And that such Members as have not Leave to be absent, as shall not then attend their Service in this House, be sent for in Custody of the Serjeant at Arms.

Answer to Representation.

The House, according to the Order of the Day, proceeded to take into Consideration his Majesty's gracious Speech.

And the humble Representation of the House; and also his Majesty's gracious Answer; were read.

And the Question being propounded, That an humble Application be made to his Majesty, for a further Answer to the humble Representation of this House;

The previous Question was put, That That Question be now put:

And it was resolved in the Affirmative.

Then the main Question being put, That an humble Application be made to his Majesty, for a further Answer to the humble Representation of this House;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Ways and Means.

Sir John Guise, according to the Order of the Day, reported from the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and the Land-Forces, the Resolutions of the said Committee; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That, towards the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and LandForces, for the Service of the Year 1694, the Sum of Ten hundred thousand Pounds be raised upon a Fund to be settled for the Payment of perpetual Interest, redeemable by Parliament.

Resolved, That it is the Opinion of this Committee, That, for securing the Interest of the said Ten hundred thousand Pounds, at 8l. per Cent. per Annum, a Fund of Ninety-six thousand Pounds per Annum be settled, redeemable by Parliament.

Resolved, That it is the Opinion of this Committee, That the Fund for the said Ninety-six thousand Pounds per Annum Interest be granted to their Majesties, with Power to vest the same in Trustees, for the Security of the Persons advancing the said Ten hundred thousand Pounds.

Resolved, That it is the Opinion of this Committee, That the Impositions, lately resolved by the House, to be laid upon Salt, be Part of the Fund for answering and securing the said Ninety-six thousand Pounds per Annum Interest to their Majesties.

Resolved, That it is the Opinion of this Committee, That, for the further answering and securing the said Ninety-six thousand Pounds per Ann. Interest to their Majesties, One-third Part of the Duties of Excise, granted to their Majesties by an Act made in the 2d Year of their Majesties Reign, intituled, An Act for granting to their Majesties several additional Duties upon Beer, Ale, and other Liquors for Four Years from the time that an Act for doubling the Duty of Excise upon Beer, Ale, and other Liquors, during the Space of one Year, doth expire, be granted, and continued, to their Majesties, after the Monies, charged upon the said Duties, shall be satisfied.

The first of the said Resolutions being read a Second time.

And a Debate arising thereupon;

Resolved, That the Debate be adjourned till To-morrow Morning, Eleven a Clock.

Irish Forfeitures.

Ordered, That the Bill to vest the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, be read a Second time, upon Saturday Morning next, at Eleven a Clock.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till To-morrow Morning, Nine a Clock.