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.
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Tellers for the Yeas, |
Sir Tho. Barnardiston, |
25. |
| Mr. Colt, |
|
Tellers for the Noes, |
Sir Richard Onslow, |
109. |
| Mr. Herbert, |
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.
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Tellers for the Yeas, |
Colonel Granville, |
86. |
| Mr. Berty, |
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Tellers for the Noes, |
Lord Faulkland, |
57. |
| Mr. Travers, |
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.
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Tellers for the Yeas, |
Mr. Arnold, |
63. |
| Doctor Barbon, |
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Tellers for the Noes, |
Mr. Goldwell, |
66. |
| Mr. Perry, |
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.