House of Commons Journal Volume 10: 12 February 1692

Veneris, 12 die Februarii; 3° Gulielmi et Mariæ.

Prayers.

Halford's Estate.

SIR Samuell Barnardiston reports the ingrossed Bill from the Lords, intituled, An Act to vest divers Manors, and Lands, and Tenements, in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir Wm. Halford Knight, deceased; and for Payment of the other Debts of Sir Wm. Halford, now living, prior to his Marriage Settlement with the Lady Frances his now Wife.

Ordered, That the said Bill be re-committed to the same Committee: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Vernon's Estate.

An ingrossed Bill from the Lords, intituled, An Act for the better assuring to George Vernon, and his Heirs and Assigns, Four Acres of Land in Ebisham in the County of Surry, was read the Second time.

Resolved, That the Bill be committed to Sir Jervas Elwes, Sir Edward Chisnall, Mr. Bickerstaffe, Sir Tho. Barnardiston, Mr. Waller, Mr. Nicholas, Mr. Hawtrey, Mr. Travers, Mr. Christy, Mr. Cooke, Sir Robert Henly, Sir Tho. Haslerigg, Mr. Piggot, Mr. Bale, Sir Tho. Darcy, Sir Jon. Jennings, Mr. Lutterell, Mr. England, Mr. Bowyer, Mr. Hutchinson, Sir Math. Andrews, Sir Roger Puleston, Mr. Biddolph, Mr. Dowdswell, Mr. Thornehough, Mr. Moreton, Sir Peter Colliton, Mr. Burdett, Mr. Parkehurst, Mr. Lewknor, Mr. Slater, and all the Members that serve for the County of Surry: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Hildyard's Estate.

An ingrossed Bill from the Lords, intituled, An Act for the better vesting and settling the Manor of East Horsly in Surrey in Trustees, to be sold, for Payment of the Debts of Philip Hildyard, Esquire, was read the Second time.

Resolved, That the Bill be committed to Colonel Perry, Mr. Burdett, Mr. Hawtrey, Sir Peter Colliton, Mr. Piggot, Mr. Bromley, Mr. Travers, Major Vincent, Mr. Lewis, Sir Char. Carterett, Sir Tho. Darcy, Colonel Tytus, Mr. Machell, Mr. Biddolph, Mr. Cooke, Sir Math. Andrews, Mr. Walls, Sir Edward Chisnall, Sir Joseph Tredenham, Mr. Dowdswell, Mr. Lutterell, Mr. Mansell, Sir Roger Pulleston, Colonel Lewis, Mr. Goldwell, Sir Tho. Barnardiston, Mr. Clarke, Mr. Dryden, Mr. Ogle, Mr. Greenvill, Mr. Cary, Mr. Lewknor, Mr. Price, Mr. Fawkes, Mr. Hide, Sir Edward Abney, Sir Wm. Strickland; and all the Members that serve for the County of Surrey: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Preventing Duelling.

Ordered, That Leave be given to bring in a Bill against Duelling; and for preventing the Mischiefs arising thereby: And that Major Vincent do prepare and bring in the same.

Hartford Roads.

Resolved, That this House will, upon Tuesday Morning next, at Nine a Clock, resolve into a Committee of the whole House, to consider of the Bill for reviving a former Law for Repair of Highways in the County of Hartford.

Apprehending Highwaymen.

A Bill for the Encouragement of such as shall take and apprehend Highwaymen, was read the Second time.

Resolved, That the Bill be committed to * * * *.

Clandestine Mortgages.

An ingrossed Bill to prevent Frauds by clandestine Mortgages was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to prevent Frauds by clandestine Mortgages.

Ordered, That Mr. Waller do carry the Bill to the Lords; and desire their Concurrence thereunto.

Copyholds subject to Debts.

A Bill for the subjecting Copyhold Estates to the Payment of Debts, and for the better enabling the Lords of Manors to recover Fines, was read the First time.

And the Question being put, That the Bill be read a Second time;

It passed in the Negative.

Court of Claims in Ireland.

Sir Wm. Strickland presented to the House a Bill for the erecting a Court of Claims in Ireland. And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Causes in Chancery.

An ingrossed Bill from the Lords, intituled, An Act for the better Reviewing of Causes in Chancery, and other Courts of Equity, was read the First time.

Resolved, That the Bill be read a Second time.

Building Ships.

An ingrossed Bill for the encouraging the Building of good and defensible Ships, was read the Third time.

An Amendment was proposed to be made, in the Bill, Line 16, by inserting "measuring Six hundred Tons, at least."

And the same was, upon the Question put thereupon, 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 for the encouraging the Building of good and defensible Ships.

Ordered, That Lord Pawlet do carry the Bill to the Lords; and desire their Concurrence thereunto.

Supply Bill English Forfeitures.

An ingrossed Bill for vesting the forfeited Estates in England in their Majesties, to be applied to the Use of the War, was read the Third time.

An Amendment was proposed to be made in Press 2, Line 16, by leaving out "had."

And the same was, upon the Question put thereupon, agreed unto by the House.

An ingrossed Proviso was offered, as a Rider to the Bill; That nothing in this Act shall extend or be construed to extend to forfeit to, or vest in, their Majesties, any the Lands, Tenements, Hereditaments, Estates, Annuities, or Interest of Buno Talbot, Esquire; but that the same may be enjoyed as if this Act had not been made.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another ingrossed Proviso was offered, as a Rider to the Bill; That nothing in this Act shall extend to forfeit or vest in their Majesties any the Estate or Interest of Adam Colclough, Esquire; but that the same may be enjoyed as if this Act had not been made.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another ingrossed Proviso was offered, as a Rider to the Bill; That this Act shall not extend to Thomas Panton Esquire, who was a Minor at the time of any supposed treasonable Act by him committed, who deserted their Majesties Enemies soon after the Battle at the Boyne; and hath since taken the Oaths of Allegiance to their Majesties.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title be, An Act for vesting the forfeited Estates in England in their Majesties, to be applied to the Use of the War.

Ordered, That Mr. Palmes do carry the Bill to the Lords; and desire their Concurrence thereunto.

Supply Bill; Irish Forfeitures.

An ingrossed Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, was read the Third time.

A Petition of Sir John Trevor was read; setting forth, That Donough, late Earl of Clancarty in Ireland, being seised of a very considerable Estate there, together with Charles Lord Viscount Muscry his Son, and Heir-apparent, did the Eighteenth of January 1661, borrow of Arthur Trevor, to whom the Petitioner is Executor, the Sum of Nine hundred Pounds; and, for Security thereof, with Interest, did then enter into Obligation, and thereby obliged themselves, their Heirs, &c. in the penal Sum of One thousand Eight hundred Pounds, for Payment of Nine hundred Fifty-four Pounds, the Twentieth January 1662, as by the Bond annexed to the Petition might appear: That the said Lord Muscry was killed at Sea; and soon after the said Donough, Earl of Clancarty, died; and the Land, &c. of the said Earl Donough, descended to his Second Son Callaghan, who likewise died, leaving the said Land to descend to Donough, now Earl of Clancarty, his Son and Heir, an Infant; by reason whereof he could not be sued, during his Minority, as Heir, for the said Debt; and is lately come of Age: And inasmuch as the said Estate is now forfeited by the said Donough for High Treason; and that the said Debt, with Interest, remains unpaid, and justly due to the Petitioner; and the Petitioner praying, That a Clause might be added to the Bill depending before this House, for vesting the forfeited Estates in Ireland in their Majesties, that their Majesties, if they so please, might assign and set out a Part of the Estate, that was Earl Donough's the Obligor's, to the Petitioner, until the Petitioner shall be satisfied his said Debt of Nine hundred Pounds, and Interest.

And also the Bond annexed was read.

And an ingrossed Clause was offered, as a Rider to the Bill; That, notwithstanding any thing in this Act contained, it may be lawful for their Majesties, . . . their Successors, to grant and assign unto Sir John Trevor, Executor of Arthur Trevor; Esquire, deceased, any Lands, which were the Lands of Donough late Earl of Clancarty in Ireland, deceased, which are forfeited to their Majesties for High Treason, by Donough Earl of Clancarty, Grandson and Heir of the said Donough Earl of Clancarty deceased, until the said Sir John Trevor, his Executors, &c. should be thereout paid the Sum of Nine hundred Pounds Interest and Damage for the same; which said Debt was due to the said Arthur Trevor upon a Bond, dated the 18 Day of January, 1661, and entered into by the said Donough Earl of Clancarty the Grandfather, deceased, and Charles Lord Viscount Muscry, his Son and Heir-apparent; and wherein they obliged themselves, their Heirs, &c. in the Penalty of One thousand Eight hundred Pounds, for Payment of the Sum of Nine hundred Fifty-four Pounds on the Twentieth of January 1662: And that the said Sir John Trevor, his Executors and Assigns, shall hold and enjoy the said Lands so to be granted and set out accordingly.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

An ingrossed Proviso was offered, as a Rider to the Bill; That in case Colonel Symon Lutterell do not, within the Time prefixed, in a Saving made for him in the Fourth Article of Lymerick Articles, submit to their Majesties Government, and otherwise pursue the Tenor of the said Articles, their Majesties may extend such Grace and Favour unto his Brother Colonel Lutterell, as to the Estate of the said Symon, as they shall think fit: And that any Gift or Grant to be made by their Majesties to the said Henry Lutterell, his Heirs, &c. of the said Symon's Estate real and personal, or any part thereof, shall be good and effectual in the Law: And that the said Henry Lutterell, his Heirs, &c. shall and may hold and enjoy the same, according to such Grant, and the Limitations, subject to such Debts and Incumbrances of the said Colonel Symon Lutterell, as the same now stands charged with; this Act, or any Clause therein contained, notwithstanding.

And the same was read.

And the Question being put, That the Proviso be read a Second time;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Supply Bill; Irish Forfeitures.

A Petition of Christopher Wray, was read; setting forth That the Petitioner hath served their Majesties faithfully for Three Years past, and he is still ready so to do with Life, and Fortune: That he is Son and Heir-apparent to Sir Drury Wray his Father, and of Anna his Mother: And that the Petitioner's Mother, with Nine Children, are Protestants; and were Inhabitants of Limerick at the time of the Surrender thereof; and the Petitioner's said Mother is possessed of an Estate of Inheritance in her own Right; which, by reason of the Petitioner's Father being in Arms for the late King James, is forfeited for his Life to their Majesties: And in regard the said Estate is incumbered with several Mortgages, and younger Childrens Portions; and in respect of the Petitioner's Father's great Age; and of the Petitioner's faithful Service to their Majesties; the Petitioner praying, That a Clause may be admitted into the Bill of Irish Forfeitures, for their Majesties to extend such Grace and Favour to the Petitioner, both as to the Honour of Baronet, which his Father is of England, and the said Estate, during his Father's Life, as to their Majesties shall seem meet, for the Support of his Mother, and Nine Children.

And an ingrossed Proviso was offered, as a Rider to the Bill; That their Majesties may extend such Grace and Favour to Captain Christopher Wray, Son and Heir apparent of Sir Drury Wray, Baronet, both as to the Honour and Estate of his Mother, which is forfeited to their Majesties, during his Father's Life, as their Majesties shall think fit; and that any Gift or Grant to be made by their Majesties to the said Captain Wray, his Heirs, &c. of the said Honour and Estate, or any Part thereof, shall be good and effectual in the Law; and that the said Captain Wray shall and may enjoy the same, according to such Grant so to be made by their Majesties; any thing in this Act contained to the contrary notwithstanding.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another ingrossed Clause was offered, as a Rider to the Bill; That a Third Part of the Forfeitures, by this Act reserved to the Disposal of their Majesties, shall be disposed and given to such Military Officers and Soldiers, as their Majesties shall think fit, who actually served in the Wars in Ireland in Person there, since the Thirteenth Day of February 1688, and to no other Person or Persons whatsoever.

And the same was thrice read.

And the Question being put, That the same be made Part of the Bill;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Another ingrossed Proviso was offered, as a Rider to the Bill; That whereas the Quakers do scruple the taking any Oath; be it therefore hereby further provided and enacted, That it shall be sufficient for every such Person to make and subscribe the Declaration of Fidelity contained in an Act, made in the last Parliament, intituled, An Act for exempting their Majesties Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws.

And the same was twice read.

And the Question being put, That the same be read the Third time;

The House divided.

The Yeas go forth.

So it passed in the Negative.

An ingrossed Clause was offered as a Rider to the Bill; That * * * *.

And the same was once read.

And the Question being put, That the same be read a Second time.

It passed in the Negative.

Supply Bill; Irish Forfeitures.

Another ingrossed Clause was offered, as a Rider to the Bill; That their Majesties shall not make any Grant of any other forfeited Estates, than what shall be comprised within such Share of Forfeitures, as their Majesties have Power to grant and dispose of by virtue of this Act; any thing therein contained to the contrary notwithstanding.

And the same was once read.

And the Question being put, that the same be read a Second time;

It passed in the Negative.

Another ingrossed Clause was offered as a Rider to the Bill; That nothing therein contained shall be construed to extend to hinder or prevent his Majesty from making a Grant to Robert Lord Baron of Kingston, and his Heirs, of all the Lands, Tenements, and Hereditaments whereof, John King, Esquire, the Brother of the Lord Kingston, or any other Person or Persons, in Trust for the said John King, is or are now seised of in the said Kingdom of Ireland; but that his Majesty may grant the same to the said Lord Kingston, and his Heirs; any thing therein contained to the contrary notwithstanding

And the same was once read.

And the Question being put, That the same be read a Second time;

It passed in the Negative.

Another ingrossed Clause was offered, as a Rider to the Bill; For the Creditors of the Earl of Abercorne, That the Grant to him may be subject nevertheless to such Debts and legal Incumbrances of the said Claudius, late Earl of Abercorne, as the said Estate, or any Part thereof, were liable to, or chargeable with, in case the same had not been forfeited.

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

Another ingrossed Clause was offered, as a Rider to the Bill; That whereas Sir Tho. Southwell, and his Brother Wm. Southwell being made Prisoners and condemned, for adhering to this present Government, was forced, for Preservation of their Lives, and to make their Escapes, to pretend to serve the late King James; therefore be it Enacted, by the Authority aforesaid, That nothing in this Act shall be construed to deem the said Sir Thomas Southwell, or his Brother Wm. Southwell, forfeiting Persons.

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

Another ingrossed Clause was offered, as a Rider to the Bill; That all Impropriations, or Impropriate Tythes, forfeited to, or vested in their Majesties, their Heirs and Successors, by this Act, or otherwise forfeited or escheated, to their Majesties, in Right of the Crown, if there be no Lease or Leases thereof in being unforfeited, or otherwise as soon as the unforfeited Lease or Leases shall be expired, and in the mean time the reserved Rents of such Leases are hereby given to the Church for ever; and hereby are, and for ever shall be, settled and established upon the present and future Incumbent, and their Successors, which have, or shall have, actual Cure of Souls in their respective Parishes, wherein such Impropriations are, and such Impropriate Tythes do arise and accrue; and that all Leases let or demised for any certain Term of Years, yet unexpired, by any Archbishop, Bishop, Dean, Dean and Chapter, or other Ecclesiastical Person or Persons, or their Successors, in their Politick Capacity, of any Lands, Tenements, or Hereditaments, so unto them belonging or appertaining, and that are by this Act forfeited, and vested in their Majesties; that all and every such Land and Tenements so forfeited, and the Remainder of the Term of Years yet to come and unexpired of such Lease or Leases, shall be, and are, hereby, given and assigned unto the respective Sees, or Bodies Politick, to whom the Reversion, after such Lease or Leases, do or shall, of Right, belong.

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

Another ingrossed Clause was offered as a Rider to the Bill; viz. Saving always to Conner O Brien, Esquire, and his Heirs, all his Right, Title, and Interest, in Law or Equity, in or to any Manors, Lands, and Tenements, now or late in the Possession of Daniell Lord Viscount Clare in Ireland; any thing in said Act contained to the contrary notwithstanding.

And the same was thrice read; and upon the Question, put thereupon, agreed upon to be made part of the Bill.

Resolved, That the Bill do pass: and that the Title be, An Act for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Ordered, That Mr. Palmes do carry the Bill to the Lords; and desire their Concurrence thereunto.

London Orphans.

Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider of Ways to satisfy the Debts due to the Orphans of the City of London, be made To-morrow Morning after the Report of the Two last free Conferences is over.

Committees.

Ordered, That all Committees be adjourned.

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