House of Commons Journal Volume 10: 19 July 1689

Veneris, 19 die Julii; 1° Gulielmi et Mariæ.

Prayers.

Servants of Charles II.

A PETITION of the surviving Servants of the late King Charles the Second, and in Behalf of the Widows and Orphans of such of the Servants as are deceased, was read; setting forth, That at the said King's Death, there was a great Debt owing to the Servants of his Family and Houshold; to wit, for Arrears of Fees, Salaries, and Wages, payable not only at the Exchequer, but in divers publick Offices, for Riding Charges, Lodgings out of Court, Provisions, Disbursements, and other Services, due by Bills or Warrants payable in the Office of Treasurer of the Chamber, for Board-wages, Horse-hire, Horse-liveries; for Liveries in Monies and other Provisions in the great Wardrobe; for Wages in the Offices of Works; and for the Salaries of Yeomen Warders in the Tower of London: That the said Servants, at the said King's Death, were recommended by him for Payment, to the Care of the late King James the Second: To whom they addressed for Relief: And he recommended their Case, and the Care of their Payment, to the late King James: Who passed an Act, wherein was granted an Imposition on Tobacco and Sugars, from Midsummer 1685 to Midsummer 1693; and therein was a special Provision made for Payment of the Servants said Debt: Which Imposition, in the First Three Years and a Quarter, ended last Michaelmas, produce in neat Money Five hundred Three thousand Seven hundred Ninety-seven Pounds Twelve Shillings and Fourpence Halfpeny, being from thence to endure for Four Years and Three Quarters longer: That, by King James' Direction, an Account was made up, wherein several of the Servants Debts were omitted, and others much retrenched; viz. The Sums due to the Widows and Orphans of such Servants as died before the Sixth February 1684, were wholly cast out, and referred to a subsequent Account, hitherto delayed: The Arrears of those that quitted, or were dismissed, their Services or Employments, before the said Sixth Day of February 1684, were not considered at all: Likewise the Monies, due by Bills, signed by the Lord Chamberlain, Lords of the Privy Council, or others, were laid aside in the said Account, and remain still without any Satisfaction: And as to the Arrears of Fees, Salaries, &c. and other constant Allowances in Money, which were due to the surviving Servants, they were paid only as followeth; viz. Where the Salary or Allowance did not exceed Twelve-pence per Diem, the full Arrear was satisfied; but where the same did exceed Twelve-pence per Diem, so much of the Arrear only as became due at or before Midsummer 1679, was computed and paid, with a Third Part of what became due between Midsummer 1679, and Christmas 1684; retrenching the other Two Thirds of what became due within the Compass of that Time, being Five Years and a half; whereby the said Provision in the Act is prevented; and the Petitioners deprived of their just Debts: And for that the Monies hitherto applied towards the Payment of the Debts and Arrears, out of the said Imposition, hath not exceeded Three hundred thousand Pounds, or thereabouts; and for that the said Act hath already afforded, in Money and Loans, above Four hundred thousand Pounds, towards the Stores of the Navy, and other publick Uses; and for that the Remainder of the said Imposition, modestly computed, will afford near Eighty thousand Pounds more, before its Expiration; of which, the Debt still due to the said Servants does not amount to One Fourth Part: And praying the Consideration of the House, That the Monies remaining due, of the Debts above enumerated, either because omitted in the said former Account, or by reason of the Retrenchments of Two Thirds, may be paid out of the said Imposition, before the Expiration 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.

Preventing Export of Wool.

Resolved, That the House do now proceed in the Consideration of the Report, made from the Committee to whom the Bill for preventing the Exportation of Wool, was referred.

And the Amendments, agreed upon at the Committee, were all read over the First time throughout; and afterwards, a Second time, one by one; and, upon the Question severally put thereupon, were agreed unto by the House.

A Clause was offered to be made Part of the Bill, That any Person may buy any Cloth, Stuff, Stockings, or any other Woollen Manufacture; and export the same beyond Sea freely, and without Molestation, paying the usual Customs: Which was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

Ordered, That the Bill so amended, be ingrossed.

Reversing Judgments against Oates.

Ordered, That Mr. Attorney General and Sir John Trevor, be added to the Committee to whom it was referred to prepare Reasons for a Conference upon the Bill for reversing the Judgments against Mr. Oates.

Leave of Absence.

Ordered, That Mr. Weld have Leave to go into the Country, for Three Weeks.

Ordered, That Mr. Henry Manaton have Leave to go into the Country, for a Month.

Answer to Address.

Colonel Birch acquaints the House, That the Members of the House, who are of his Majesty's Privy Council, and He, had attended his Majesty with the Address of this House, That the Duchess of Mazarine may be removed out of his Majesty's Dominions: And that his Majesty was pleased to say, That he would consider of it; and return an Answer.

Resolutions against Sir F. Pemberton, &c. for Judgments given against Topham.

The House being acquainted, that Sir Francis Pemberton and Sir Thomas Jones, attended at the Door, according to their Order;

They were severally called in; and asked, What were the Reasons for over-ruling the Plea of Serjeant Topham to the Jurisdiction of the Court of King's Bench, to the Action brought against him by one Jay: And they severally gave an Account thereof accordingly. And, being further severally asked, Whether they gave their Reasons, when they gave the Judgment; They said, That they did not; being not desired so to do; and the Case being not argued, nor any Motion made in the Arrest of Judgment.

And then they withdrew.

Resolved, That Sir Francis Pemberton giving Judgment to over-rule the Plea to the Jurisdiction of the Court of King's Bench, in the Case between Jay and Topham, has broken the Privileges of this House.

Resolved, That Sir Thomas Jones giving Judgment to over-rule the Plea to the Jurisdiction of the Court of King's Bench, in the Case between Jay and Topham, has broken the Privileges of this House.

Ordered, That Sir Francis Pemberton be taken into Custody of the Serjeant at Arms attending this House, for his Breach of the Privileges of this House in giving Judgment to over-rule the Plea to the Jurisdiction of the Court of King's Bench, in the Case between Jay and Topham.

Ordered, That Sir Thomas Jones be taken into Custody of the Serjeant at Arms attending this House, for his Breach of the Privileges of this House, in giving Judgment to over-rule the Plea to the Jurisdiction of the Court of King's Bench, in the Case between Jay and Topham.

Lords agree to Conference.

Then the Lord Colchester went up to the Lords, to desire a free Conference, according to the Order of Yesterday.

The Lord Colchester acquaints the House, That he having been, according to their Order, up with the Lords, to desire a free Conference; the Lords do agree thereunto; and do appoint it to be To-morrow at Twelve of the Clock, in the Painted Chamber.

Reversing Judgment against Sir W. Williams.

Ordered, That the Bill for reversing the Judgment in the Court of King's Bench, upon an Information against Sir Wm. Williams, and asserting the Rights and Freedoms of Parliament, be read a Second time on Monday Morning next, at Ten of the Clock; and nothing to intervene; And that Sir Robert Sawyer do then attend in his Place.

Committees.

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

Adjournment.

Then the Question was put, That the House do now adjourn till To-morrow Morning.

The House divided.

The Noes go forth.

And so it was resolved in the Affirmative.

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