House of Commons Journal Volume 12: 26 February 1698

Sabbati, 26 die Februarii;

10° Gulielmi Tertii.

Prayers.

Resumption of Grants.

A Petition of the Lord-Viscount Netthervill, the Lord Baron of Lowth, and Thomas Nugent, of London, Merchant, in behalf of themselves, and few others expresly provided for in a late Act of Parliament passed in Ireland, intituled, An Act to hinder the Reversal of several Outlawries and Attainders, was presented to the House, and read; setting forth, That the Petitioners, being never concerned in the Wars in Ireland, though outlawed, obtained Provisoes in the said Act, for Reversal of their own or their Ancestors Outlawries, had, on account of the Rebellion in Ireland: And praying, That the Benefit of the said Provisoes may be reserved to them by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Publick.

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

Ditto.

A Petition of Colonel Thomas Dongan was presented to the House, and read; setting forth, That the Earl of Lymerick, the Petitioner's Brother, to whom the Petitioner is next Heir at Law, being seised of several Lands in Ireland, was outlawed for High Treason; and his Estate is granted to the Earl of Athlone; and confirmed by Act of Parliament in that Kingdom, wherein a Clause was inserted for saving the Petitioner's Right: And praying, That a like Clause may be inserted in the Bill depending in this House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, for saving the Petitioner's Right.

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

Ditto.

A Petition of Sir Gervas Clifton was presented to the House, and read; setting forth, That, in August 1687 the Petitioner married a Daughter of Dudly Bagnall; and it was covenanted between them, That Two thousand Pounds, of the Marriage-Portion, should remain in Dudly's Hands till the Petitioner should come at Age, and make a Settlement: And Dudly charged his Estate with Payment of the said Two thousand Pounds; but his Estate, in 1690, was seized by his Attainder, on a Writ of Inquiry; but the said Incumbrance was not found; so that the Petitioner cannot charge the said Estate in the King's Hands, without Proof by living Witnesses; which is impossible, because they are dead: That his Majesty, being informed of the said Matter, did, by Letters Patents, confirm the said Incumbrance, and charged the said Estate therewith: And praying, That he may be considered in the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Resumption of Grants.

A Petition of John Hussey was presented to the House, and read; setting forth, That the Petitioner was never in Arms in Ireland; yet, by Mistake or Malice, was outlawed for High Treason; and hath obtained Orders to reverse his Outlawry, and to pass a Pardon; and is now in Possession of his Estate: And praying, That a Proviso, for preserving his Right, may be inserted in the Bill before the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of John Galwey was presented to the House, and read; setting forth, That he never was in any Employment, Civil or Military, in Ireland; but came into England in 1690; where he has lived ever since; and, being outlawed for High Treason in Ireland, whilst he lived here, his Majesty ordered the said Outlawry to be reversed, and a Pardon; which is accordingly done: And praying, That he may have a Saving in the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of James Barry was presented to the House, and read; setting forth, That, by Mistake, he was outlawed in Ireland; and, upon Application to his Majesty, the same is reversed: And praying, That he may not incur any of the Forfeitures in a Bill depending in this House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Peter Earl of Fingale was presented to the House, and read; setting forth, That the Petitioner was outlawed when he was but 12 Years old; but, upon applying to the King, he immediately gave Order for reversing the same; which is accordingly done: And praying, That he may be saved from the Penalties in a Bill before the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Edmond Roch was presented to the House, and read; setting forth, That he never was in Arms in Ireland; yet was outlawed for High Treason there, by Mistake; and his Majesty, upon hearing of the Matter, granted his Warrant for reversing the same, and a Pardon; which has been done accordingly in Ireland: And praying, That the Benefit thereof may be reserved to him by the Bill in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Resumption of Grants.

A Petition of Ellissa Browne, alias Pursell, Thomasin, Brown, alias Bourk, and Katherine Browne, was presented to the House, and read; setting forth, That, in 1684, the late Lord Kinmere charged his Estate with Eight thousand Pounds, for Payment of his Debts, and for Portions for the Petitioners, his Daughters; and died in 1690; and was outlawed after his Death; but, by the King's Favour, the Outlawry was reversed: And, the said Lord Kitmere being likewise outlawed in England for the same Crime, his Estate was granted to the Earl of Bellamont, without any Provision for the Petitioners: And praying, That the House will make such Provision in the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, as the Petitioners distressed Case requires.

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

Ditto.

A Petition of John Leslie, Doctor in Divinity, was presented to the House, and read; setting forth, That, in the Beginning of the late Rebellion in Ireland, his House near Sligo being thought sit to be made a frontier Garison, he fortified it, and provided Arms and Ammunition at his own Charge, and maintained a Troop of Horse, and Company of Foot; and afterwards a Troop of Dragoons, and fought at the Head of it; which exasperated the Rebels so, that they burnt all his Houses, and destroyed all that he had; which, with Losses by the War, damnified him to the Value of Ten thousand Pounds: And his Majesty, hearing of his faithful Services, Loss, and Sufferings, granted the Petitioner some forfeited Lands in Ireland, valued at 400 l. per Ann for his Life; and afterwards gave him his Royal Promise of the Inheritance: And praying, That his Right to the said Lands, so granted, may be saved by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Theobald Lord Baron of Cahir was presented to the House, and read; setting forth, That, notwithstanding his Submission to the King's Declaration of the 22d of February 1688, he was, whilst in England, outlawed in Ireland; which was reversed by the King's Order: And praying a Saving for him in the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Robert Porter was presented to the House, and read; setting forth, That though he was never in Arms in Ireland, yet he was outlawed there; which is reversed by his Majesty's Order: And, having since, by his Industry, acquired some small Estate, prays he may be saved by the Bill depending in the House for vacating all Grants of Estates, and other Interests forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Edward Roch, on behalf of Hannah Mackdonnell, Sister to the Petitioner, was presented to the House, and read; setting forth, That, upon the said Hannah's Marriage with Randoll Mackdonnell, it was by Deed agreed, That, for four thousand Pounds Portion, Randoll should lay out Seven thousand Pounds in a Purchase, on Trust that Hannah should have Three hundred Pounds per Ann. during her Coverture, and the Whole after Randoll's Death; Remainder to her Children, which are Seven: That though Randoll never bore Arms against the King, he was outlawed, and the said Hannah deprived of all manner of Maintenance provided for her, and her Children; of which the King hearing the Truth, was pleased to confirm the said Marriage-Settlement: And praying, That the Benefit of the King's Grant may be secured to her by the Bill in the House for vacating all Grants of Estates and other Interests, forfeited in Ireland, since the 13th of February 1688.

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

Resumption of Grants.

A Petition of the Lady Dorothy Burke, Daughter and Heir of the Earl of Clanrickard, was presented to the House, and read; setting forth. That the Petitioner, in her Infancy, was taken from her friends by the late Queen Mary, and by her bred a Protestant, for which she was disinherited by her Father; but the Queen promised, That when the Petitioner should be disposed to marry, she should be provided for out of the Forfeitures of her Family, who were then in Rebellion: That since the Queen's Death, the Petitioner, on Proposals of a Match, gave in her Memorial, to remind his Majesty of the Queen's Promise; who was pleased to confirm such Promise to her: And praying, That a Clause may be inserted in the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, to vest the forfeited Estate of the said Earl in the Petitioner.

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

Ditto.

A Petition of the Lady Ellen Aylmer, in behalf of herself, and her two Sons Sir Justin and Luke Aylmer, was presented to the House, and read; setting forth, That, in 1685, the Petitioner's Husband died, having long before settled a Jointure on her; and her said Sons being sent into France very young, the eldest but Ten Years of Age, and before the Troubles in Ireland, they were all outlawed for High Treason; but, on Application to the King, the Outlawry was reversed, and Dame Ellen restored to her Estate: That the Petitioner is advised she is in Danger of losing her said Estate by a Bill depending in this House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688: And praying, that some Provision may be made therein for the Petitioners.

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

Ditto.

A Petition of Helen Viscountess Kenmare was presented to the House, and read; setting forth, That the late Queen was pleased, out of the Petitioner's Husband's forfeited Estate in Ireland, to grant her and her Children Four hundred Pounds per Ann.; but the Petitioner received only Three hundred and Forty Pounds per Ann.: That she and her Husband are Heirs of Sir Thom. and Sir Nicholas Browne, Two Brothers, who, in the Reign of Queen Eliz. did eminent Service in the Reduction of Ireland: And praying a Saving in her behalf by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Ignalius Purcell Gentleman, was presented to the House, and read; setting forth, That he was never in Arms in Ireland, but was outlawed by Mistake; which was reversed by his Majesty's Order, and the Petitioner restored to his Estate: And praying, That he may have the Benefit thereof, notwithstanding the Bill in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Resumption of Grants.

A Petition of Luke White, an Infant, by his Mother and Guardian Eliz. Hussey, alias White, was presented to the House, and read; setting forth, that the Petitioner's Father Charles White was outlawed for High Treason in Ireland, but obtained the King's Order for Reversal thereof; which was done, and he restored: And praying, That he may have the Benefit of the said Reversal reserved by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Salmon Preservation.

A Petition of the Bailiffs, Recorder, Burgesses, and Freemen, of his Majesty's Corporate Town and Borough of Clitheroe, in the County of Lancaster, and of others of his Majesty's Subjects living in Places adjacent thereunto, was presented to the House, and read; setting forth, That the Notice of a Bill in the House was received with great Joy by the Petitioners, for the Increase and Preservation of Salmon, and the Fry of Salmon, in the Rivers of this Kingdom: But afterwards hearing a Petition was presented to exclude the River Ribble out of the said Bill, it occasioned the Petitioners now to pray, That many hundred Families may not be hindered from a common Good, for the private Interest of two or three Gentlemen; but that the said Bill may pass into a Law.

Ordered, That the said Petition do lie upon the Table until the Report be made from the Committee, to whom the said Bill is committed.

Ditto.

A Petition of the Mayor, Aldermen, and CommonCouncil, of the City of Durham, and Borough of Framwellgate, and other of the Inhabitants within the said City and Borough, was presented to the House, and read; setting forth, That, till about Twenty-five Years since, the Petitioners were plentifully supplied with Fish, at moderate Rates, from the River Wear; but now the Owners or Farmers of the Weirs or Dams thereon have raised them so high, that the Salmon cannot get up the River, as they did formerly, but are either taken at the said Dams; or put back; by which means Fish is sold at an excessive Rate, to the Prejudice of the Publick: And praying That the Bill depending in the House for the Increase and Preservation of Salmon, and the Fry of Salmon, in the Rivers of this Kingdom, may pass.

Ordered, That the said Petition do lie upon the Table until the Report be made from the Committee, to whom the said Bill is committed.

Ditto.

A Petition of the Bow-bearers, Officers, Gentlemen, and others the Inhabitants, within the Seven Towns of the Forest and Liberty of Bolland, in the Counties of York and Lancaster, was presented to the House, and read; setting forth, That they are informed there is a Bill in the House for the Increase and Preservation of Salmon, and the Fry of Salmon, in the Rivers of this Kingdom; which is to pull down all Fish-locks, Weirs, and Dams, which are Impediments to the Breed of Fish; but some Persons, for their own Ends, have petitioned, That some Weirs and Locks upon the River Ribble, a fresh Water, which mightily prevents the Breed and Spawn of Salmon, may be continued, to the great Damage of the Petitioners, and others, betwixt the Rivers of Ribble and Hodder: And praying, That the said Bill may pass, without Regard of the said Petition, which is only for some private Ends.

Ordered, That the said Petition do lie upon the Table until the Report be made from the Committee, to whom the said Bill is committed.

Duties on Leather.

A Petition of the Tanners, Cordwainers, Sadlers, Glovers, and Leather-cutters, of the ancient Borough of Totnes, in the County of Devon, was presented to the House, and read; setting forth, That by reason of the great Duty upon Leather, the Prohibition of its being imported from Ireland, and the Encouragement that is given to its Exportation, it is sold at so high a Price, that many of the Petitioners are forced to lay down their Trades; which is like to bring them and their Families to Ruin: And praying the Consideration of the House therein.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Ditto.

A Petition of the Tanners, Skinners, Leather-dressers, and Glovers, in and about the Borough of Appleby, and the Towns of Kirkby-Stephen, Kirkby-Thure, and TempleSowerby, in behalf of themselves, and others of the same Trades, within the County of Westmoreland, was presented to the House, and read; setting forth, That, by the great Duty upon Leather, they are reduced to the utmost Extremities, through the great Decay of their Trades, occasioned by the said Duty: And praying, That the same may be taken off, and some other Ways found out for raising Money for the Publick Service.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Ditto.

A Petition of the Tanners, Tawers, and Dressers of Leather, and also of the Glovers, Curriers, Sadlers, Collar-makers, and others that tan, taw, and dress, Leather, within the Borough and ancient City of Winchester, in the County of Southampton, and other Places adjacent, was presented to the House, and read; setting forth, That the Tax upon Leather is a great Burden to them; and the Vexation and Trouble that they are put to by the Collectors, is almost intolerable, besides the parting with their ready Money for what they are forced oftentimes to give Credit for: And praying a Redress of their Grievances.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Articles of Limerick.

Resolved, That an humble Address be presented to his Majesty, by such Members of this House as are of his Majesty's most Honourable Privy-Council, That he will please to cause to be laid before this House the Articles upon the Surrender of Limerick and Galway; and such Proclamations as issued in Ireland to encourage Persons to come in, and submit themselves to his Majesty.

Supply Bill; vacating Grants in Ireland.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Publick; is committed; That they do consider, which way to reserve to his Majesty a Third-part of the Value of the forfeited Estates in Ireland; and to apply the Residue to the Use of the Publick.

Duty on Glass.

Ordered, That Mr. Tredenham, Mr. Brotherton, Mr. Cox, Mr. Osborne, Mr. Gardner, be added to the Committee, to whom the Petition of the Glass-makers of Stourbridge is referred.

Hereford Work-houses.

Ordered, That Leave be given to bring in a Bill for Erecting of Hospitals and Work-houses within the City of Hereford, for the better employing and maintaining the Poor there: And that Mr. Morgan and Mr. Foley do prepare, and bring in, the Bill.

Leave of Absence.

Ordered, That Mr. Bere have Leave to go into the Country, to the Funeral of his Father-in-law.

Ordered, That Sir Francis Winington have Leave to go into the Country, for Recovery of his Health.

Laws concerning Robberies.

Mr. Tilney reported from the Committee, to whom the Bill for regulating and amending the Laws concerning Robberies on the Highways, and Hue and Cries, was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; 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, some of them agreed unto by the House.

Resolved, That the Bill be re-committed to the same Committee.

Suppressing Profaneness, &c.

Ordered, That Leave be given to bring in a Bill, or Bills, for the more effectual suppressing Profaneness, Immorality, and Debauchery: And that Sir John Phillips and Mr. Edward Harley do prepare, and bring in, the said Bill, or Bills.

Militia Regulation.

Sir Richard Onslow, according to Order, presented to the House a Bill for regulating, and settling the Militia: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time upon Monday Sevennight.

A Message from the Lords, by Mr. Justice Powell and Mr. Baron Powis:

Mr. Speaker,

Suppressing Atheism, &c.

The Lords have passed a Bill, intituled, An Act for the more effectual suppressing Atheism, Blasphemy, and Profaneness: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker,

Knott's Estate.

The Lords have agreed to the Bill, intituled, An Act to enable the Trustees of William Knott Gentleman, and his Wife, to sell a Lease of Houses in Breadstreet, London, for Payment of Debts; and to settle another Estate, of better Value, in lieu thereof: Also,

Bishop of Chichester's Estate.

The Lords have passed a Bill, intituled, An Act to enable John Lord Bishop of Chichester to make Leases of certain Houses and Grounds, belonging to the Bishoprick of Chichester, situate in Chancery-lane, for a competent Number of Years: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

A Member allowed to petition the Lords.

Ordered, That Mr. Fitton Gerrard have Leave to petition the House of Lords, as to his Interest, in relation to a Bill depending there.

Supply Bill; vacating Grants in Ireland.

Resolved, That this House will, upon this Day Sevennight, resolve itself into a Committee of the whole House, to consider further of the Bill for vacating all Grants of Estates and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Publick.

Punishing Duncombe for false indorsing Exchequer Bills.

An ingrossed Bill for punishing Charles Duncombe Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills, was, according to Order, read the Third time.

And the Question being put, that the Bill do pass.

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative:

Ordered, That the Title be, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills.

Ordered, That the Lord Marquis of Hartington do carry the Bill to the Lords, and desire their Concurrence thereunto.

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