House of Commons Journal Volume 11: 2 April 1694

Lunæ, 2 die Aprilis;

6° Gulielmi et Mariæ.

Prayers.

A Member discharged from custody.

ORDERED, That Sir Robert Owen, in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament, be discharged out of Custody, paying his Fees.

Beverly's Estate.

A Petition of William Bursey was presented to the House, and read; setting forth, That a Bill is now depending in this House for vesting in Trustees the Estate late of Sir James Beverly in Huntingtonshire, to be sold: That the Petitioner hath a Judgment against Tho. Beverly, Father of Sir James, for 60 l.; as also a Bond for 51 l. 10 s. from Tho. Beverly, which is in no Part satisfied: That no Provision is made by the said Bill, for payment of the Petitioner's said Debts: And praying, That the House will take care, That the Petitioner's said Debt may be paid.

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

Brent's Estate.

An ingrossed Bill, from the Lords, intituled, An Act to enable Trustees to sell Part of the Estate of Nathaniel Brent, deceased, to raise Monies for Payment of his Debts, and Maintenance of his Children, who are Infants, was read the Third time.

An Amendment was proposed to be made to the Bill;

Pr. 3. L. 29. to leave out "the said;" and, after Hodges," insert "of Dulas in the County of Hereford, Gentleman:"

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

Resolved, That the Bill do pass.

Ordered, That Sir John Bolles do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Bill with some Amendments: To which they desire their Lordships Concurrence.

Cavendish's Estate.

Colonel Granville reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for increasing the present Maintenance of the Honourable Henry Cavendish; and for providing a Jointure for such Woman as he shall marry with the Consent of his Father, the Earl of Devonshire; was committed; That they had examined the Bill, and the Settlements of the Estate therein mentioned: The State whereof he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read: And that they had directed him to report the said Bill to the House, without any Amendments.

And he delivered the same in at the Clerk's Table: Which State is as followeth; viz.

That the said Earl, by Indenture of Lease and Release, dated the 10th and 11th of July 1683, settled the Manor-house, and the Demesnes, of the dissolved Abbey of the Blessed Virgin Mary, the Manor of Evingston, the Rectory of Buckminster and Sewsterne, the Advowson of the Vicarage of Buckminster, and the Manor of Bishop's Fee, all lying within the County of Leicester: the Manor of Cloxby, in the County of Lincolne; the Capital Messuage and Mansion-house in Latimers, and the Manor of Isalhamsted, and the Advowson of the Chapel thereof, in the Counties of Buckingham and Hertford; and the Manors of Chesham, in the said Counties of Buckingham and Hertford; and all other Manors and Lands of the said late Earl, in the said Counties of Leicester, Lincolne, Buckingham, and Hertford; upon Trustees, for the Uses following; viz.

To the said Earl of Devon for Life; and after his Decease, to Trustees for 60 Years, subject to these Provisoes; viz.

That the said Trustees should pay, out of the said Estate, to Henry Cavendish, 250 l. Per Annum, until his Age of 14 Years; and from thence 400 l. per Annum, until his Age of 18 Years; from thence 600 l. per Ann. until his Age of 24 Years; and from thence 1,200 l. per Annum, during the now Earl of Devonshire's Life; and to pay the Surplusage to the said present Earl of Devonshire:

That after the said Hen. Cavendish his Age of 21. Years, and Death of his Father, or Marriage of the said Henry with the Consent of his Father and Mother, and the late Countess of Devon, the late Duke of Ormond, and the Earl of Exeter, or the greater Number of them; or if the present Earl of Devonshire shall die before the said Henry shall attain the Age of 21 Years; in either of the Cases aforesaid, the said Term of 60 Years to be void; and the said Henry to be let into the Possession of the whole Estate.

That in case the said Hen. Cavendish shall die without Heirs Males, then so much of the Estate, as lies in the Counties of Lincolne, Buckingham, and Hertford, is limited to James his Brother, and other the younger Sons of the present Earl of Devonshire, and the Heirs Males of their Bodies, by a special Intail; and the remaining Part of the Premises is settled on the now Lord Cavendish, and his Heirs for ever: And if the said Henry shall have only Issue Female, the whole Estate is to be charged with Portions for them, not exceeding 24,000 l. in the Whole; and the Leicestershire Estate is charged with the Payment of 5,000 l. to the said James Cavendish:

That the said Henry Cavendish, after he shall be in Possession of the said Estate, by Consent of the Persons before-mentioned, may settle a Jointure on a Wife, not exceeding a Moiety of the yearly Profits of the Estate:

That the said Henry Cavendish, after the Death of his Grandfather, and being in Possession, may settle on any Child or Children he shall have, and their Heirs, any Part of the said Estate, not exceeding One-Third Part of the yearly Value of the same; or any Rent-charge, not exceeding 600 l. per Annum:

That the said Hen. Cavendish, after the Death of his Grandfather, as aforesaid, shall have Power to charge the Estate with younger Childrens Portions, not exceeding 8,000 l. in the Whole:

That in case Henry Cavendish shall have no Heirs Male, and James Cavendish be possessed of the said Estate, the said James shall have Power to settle a Jointure, not exceeding a Moiety of the yearly Value of the said Estate limited to him:

That the said James Cavendish, after he shall be in Possession of the said Estate, may settle on any Child or Children, and their Heirs, any Part of the Premises descending to him, not exceeding One-Third Part of the Profits thereof, or any Rent-charge, not exceeding 600 l. per Annum; and may charge the said Estate with younger Childrens Portions, not exceeding 600 l.

And in default of Heirs Males in Henry and James, then the said Estate to go to William, now Lord Cavendish, and the Heirs of his Body; the Remainder, to Ann Countess of Exeter, and the Heirs of her Body; Remainder, to the right Heirs of Wm. now Lord Cavendish.

And there is a further Trust, for a Term of 500 Years, to preserve the contingent Remainders; whereby the Trustees therein mentioned are to stand Seised of the Premises, to the Uses aforesaid.

And, in the said Settlement, the late Earl of Devonshire reserved to himself a Power of Revocation.

The Committee have also inquired into the yearly Value of the said Estate, in the Bill mentioned; and do find the same to be, Two thousand Eight hundred and Nineteen Pounds Eighteen Shillings and Two-pence Half-peny.

They also find, That all Parties concerned in Interest are consenting to the Bill; and that there is no other Settlement of the said late Earl of Devonshire, concerning the Estate in the Bill mentioned. And upon Perusal and Consideration of the said Bill, have ordered the same to be reported to the House, without any Amendment.

Ordered, That the Bill be read a Third time upon Thursday Morning next, after Eleven a Clock.

King's Speech to be considered.

Resolved, That this House will, upon Saturday Morning next, take into Consideration his Majesty's gracious Speech, the 23th Day of March last, to both Houses of Parliament.

Call of the House.

Ordered, That the Call of the House be adjourned till To-morrow Sevennight.

Preventing Export of Wool, &c.

Sir John Guise reported from the Committee, to whom the Bill for the better preventing the Exportation of Wool, Fulling and Scouring Earth, by altering the Penalty; and for the better regulating the Factors in Blackwellhall; was committed; That they had considered the same, and the several Petitions to them referred; and had made several Amendments to the Bill; 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 read.

Ordered, That the said Report be taken into Consideration upon this Day Sevennight.

Leave of Absence.

Ordered, That Sir John Leveson Gower have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Ordered, That Mr. Ambrose Manaton have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Sir Bouchier Wray have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Woollen Manufactures.

Ordered, That the Report from the Committee, to whom the Bill for reviving the Act, made in the First Year of their Majesties Reign, for preventing the Exportation of Wool, and better Encouragement of the Woollen Manufactures of this Kingdom, was committed, be taken into Consideration To-morrow Morning.

Ways and Means.

Sir Thomas Littleton, 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 Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694, 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 once read throughout; and are as follow; viz.

1. 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 Land-Forces, for the Service of the Year 1694, a Duty be laid upon all Hackney and Stage Coaches.

2. Resolved, That it is the Opinion of this Committee, That their Majesties be impowered to appoint Commissioners, to license Hackney-Coaches within the Cities of London and Westminster, and Weekly Bills of Mortality, not exceeding the Number of Eight hundred.

3. Resolved, That it is the Opinion of this Committee, That the said Licences shall be granted for the Term of One-and twenty Years.

4. Resolved, That it is the Opinion of this Committee, That for every Licence so to be granted, there be paid, for a Fine the Sum of One hundred Pounds, and no more.

5. Resolved, That it is the Opinion of this Committee, That for every License so to be granted, there be paid a Rent of Four Pounds per Annum, quarterly.

6. Resolved, That it is the Opinion of this Committee, That the said Commissioners, so to be appointed by their Majesties, do also license all Stage-Coaches.

7. Resolved, That it is the Opinion of this Committee, That for every Licence so to be granted for a Stage Coach, there be paid a Rent of Eight Pounds per Annum, quarterly, for One Year.

The first Six of the said Resolutions being severally read a Second time, the same were, upon the Question severally put thereupon, agreed unto by the House.

The last Resolution being read a Second time;

An Amendment was proposed to be made therein, by leaving out "per Annum, quarterly," and adding "by quarterly Payments:"

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

Resolved, That the House doth agree with the Committee in the said Resolution so amended, That for every Licence so to be granted for a Stage Coach, there be paid a Rent of Eight Pounds; for One Year, by quarterly Payments.

Ordered, That a Bill be brought in upon the said Resolutions: And that Mr. Solicitor-General do prepare, and bring in, the same.

Ordered, That it be an Instruction, That he do prepare, and bring in, Clauses for settling the Prices of Hackney and Stage Coaches.

Resolved, That this House will, To-morrow Morning resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and Land Forces, for the Service of the Year 1694.

Supply Bill; Poll Tax.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for granting to their Majesties a Quarterly Poll, for One Year.

Mr. Speaker left the Chair.

Sir Tho. Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had gone through the Bill, and made several Amendments thereunto, which they had directed him to report, when the House would please to receive the same.

Ordered, That the said Report be made To-morrow Morning.

Committees.

Ordered, That all Committees be adjourned.

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