House of Commons Journal Volume 11
27 March 1694

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1803

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'House of Commons Journal Volume 11: 27 March 1694', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 141-142. URL: http://www.british-history.ac.uk/report.aspx?compid=39006 Date accessed: 27 August 2014.


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Martis, 27 die Martii;

6° Gulielmi et Mariæ.

Prayers.

Maynard's Estate.

ORDERED, That the ingrossed Bill, from the Lords, intituled, An Act for settling the Estate of Sir John Maynard, deceased, late one of the Lords Commissioners for the Custody of the great Seal of England, be read the Third time To-morrow Morning.

Lord Stawell's Estate.

Mr. Wharton, according to Order, reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for Payment of the Debts of John Lord Stawell, deceased, was committed, That they had examined and considered the Allegations of the Bill, and the several Petitions and other Matters to them referred; and had made several Amendments; which, as also a State of the Case in relation to the Value of the Estate and Debts, he read in his Place, with the Coherence; and afterwards delivered the same, in Writing, in at the Clerk's Table: Where the same was read; and is as followeth; viz.

£. s. d.
That the Yearly Value of the Real Estate of the Lord John Stawell, taken by a Medium of several Years from the ancient Surveys, Accounts, Rent-Rolls, and Contract-Books, of the Family is  4,557
The Yearly Value of the Real Estate resting in the Lord John Stawell's Heir at Law is  3,870 15 4
The Part of the Real Estate to William now Lord Stawell is, per Annum     686   4 8
The Debts upon the Estate, made out to the Committee to be due, by Mortgages, Recognizances, and Bonds, amount to 75,000
And the Interest thereupon, by a moderate Computation, amounts to 10,000
In all 85,000
There are other Debts, by Simple-Contract, to several Creditors, Workmen, and to Servants for Wages, estimated at   7,467
Which makes the whole Debt upon the Estate to be 92,467

The Account of the personal Estate of the said Lord Stawell, produced to the Committee, consisted in Two Parts:

One whereof was of Debts separate, amounting to 26,017 6 3
The other of Debts doubtful, by Purchase of Debts of the Orphans of London, the Water-Bailage, and such-like Bargains, amounting to 10,501.
Out of which, it was said, there might be Hopes to recover   6,000
Which will make the Produce of the Personal Estate to amount to 32,017 6 3

There were also Two Petitions, the Examination and Consideration whereof was referred by the House to the said Committee.

One was the Petition of the Tradesmen, Servants, and Labourers of the late Lord Stawell, referred by Order of the House on the 13th of March instant.

The other of William Lee, in behalf of his Brother Francis Lee, now beyond the Seas, referred by Order of the 15th of this instant March.

And the Committee, having duly examined and considered the Matter of the said First Petition of the said Tradesmen, praying they may be paid out of the Personal Estate, or allowed Interest for their just Debts; after hearing Counsel, both on the Part of the Petitioners, and the Heir at Law; were of Opinion, upon the Question put thereupon, That there is sufficient Provision made in the said Bill for Payment of the said Debts.

And, having in like manner examined and considered the Petition of the said William Lee, on behalf of his said Brother, which was for an Annuity of 100l. per Ann. for Three Years; and 80 l. per Ann. during his Life; and praying, That due Provision may be made for the said Annuity in the said Bill; and hearing Counsel on behalf of the Petitioner; the Committee were of Opinion, upon the Question put thereupon, That the Right of the Petitioner was well saved to him by the said Bill.

After which, the said Amendments were twice read; and agreed unto by the House; and are as follow; viz.

Pr. 4. L. 35. after "Esquire," insert "Richard Cooling, of St. Martins in the Fields, in the County of Middlesex, Esquire."

L. last but one, after "Hunt," insert "Richard Cooling."

L. last, leave out "or the major Part of them."

Pr. 5. L. 16. after "Hunt," insert "Richard Cooling."

L. 17. the same Amendment.

Pr. 6. L. 7, the same Amendment.

19. after "Waste," insert "and all the Rents, Issues, Fines, and Profits, of the said Premises, until such Sale."

L. 32. after "Premises," insert "and all the Rents, Issues, Fines, and Profits thereof, until such Sale."

L. 33. after "also," insert "shall forthwith apply."

L. 36. after "aforesaid," insert "and the Rents, Issues, Fines, and Profits thereof, until such Sale."

Pr. 7. L. 3. after "Interest," leave out "and Charges."

L. 5. after "thereof," insert "with their Charges."

Pr. 8. L. 11. after "Hunt," insert "Richard Cooling."

L. 12, 13. leave out "or the major Part of them."

L. 19. after "be," insert "and also all the Remainder of the Personal Estate, and."

L. 33. after "Hunt," insert "Richard Cooling;" and after "Newcourt," leave out "or the major Part of them."

Press 10. L. 21. after "Hunt," insert "Richard Cooling."

L. 22. leave out "or the major Part of them."

33. after "Hunt," insert "Richard Cooling."

34. leave out "or the major Part of them.

Pr. 12. L. 10. after "Hunt," insert "Richard Cooling."

L. 11. leave out "or the major Part of them.

Pr. 13. L. 8. after "Hunt," insert "Richard Cooling."

L. 11. the same Amendment.

L. 21. the same Amendment.

L. 28. after "her," insert "reasonable."

Pr. 14. L. 12. after "Hunt," insert "Richard Cooling."

15. L. 2. after "their," insert "Hands."

L. 11. after "Hunt," insert "Richard Cooling,"

Pr. 17. L. 29, and 30. leave out "John Hunt, and John Sandford;" and insert "Robert Cecill, Sir John Austin, Edward Berkly, John Hunt, Richard Cooling, and Gerrard Newcourt."

Pr. 18. L. 24. after "them," insert "John Hunt, and John Sandford, the Survivor of them, his Executors, and Administrators."

Pr. 19. L. 19. after "Hunt," insert "Richard Cooling."

L. 20. leave out "or the major Part of them."

Pr. 20. L. 3. leave out "Bishopp," and instead thereof insert "Biscopp."

L. 21. after "Hunt," insert "Richard Cooling."

L. 29. after "Mrs." insert "Elizabeth."

At the End of the Bill, add the Proviso marked A.

"Provided always, And be it Enacted, by the Authority aforesaid, That all Suits and Proceedings, that, either in Law or Equity, are now depending, wherein the said Margaret Lady Stawell is Plaintiff, as Administratrix of the said John Lord Stawell, deceased, shall not abate, but be still prosecuted in her Name, but at the Charge of the said Robert Cecill, Sir John Austin, Edward Berkley, John Hunt, Richard Cooling, and Gerrard Newcourt, their Heirs, Executors, and Administrators, as if this present Act had not been made; and what shall be recovered thereby on the Account of the said John Lord Stawell, deceased, shall be subject to the Trusts herein before declared; and the Charges expended by the said Trustees in such Suits and Proceedings shall be reimbursed them out of the Trust-Estate in this Act expressed."

A Proviso was offered to be added to the Bill, that the Estate which shall be bought pursuant to the Act, and settled on the Heirs of the said John Lord Stawell, shall be charged with the Payment of an Annuity, or Pension, granted by the said John Lord Stawell to Francis Lee, Fellow of St. John's College in Oxon, of 100l. per Ann. for Three Years certain; and of Eighty Pounds per Ann. afterwards, for so long time as the said Francis Lee shall live; any thing in this Act to the contrary notwithstanding:

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

Another Clause was offered to be added to the Bill, That the Creditors of the said Lord Stawell, by SimpleContract, shall receive Interest for their Money:

And the Question being put, That the Clause be read;

It passed in the Negative.

Ordered, That the Clauses be ingrossed.

Leave of Absence.

Ordered, That Sir Ralph Car have Leave to go into the Country, for Eight Days, upon extraordinary Occasions.

Ordered, That Sir Francis Winington have Leave to go into the Country for Eight Days, upon extraordinary Occasions.

Ordered, That Colonel Luttrell have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Colonel Earle have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Major-General Trelawny have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Sir William Strickland have Leave to go into the Country, upon extraordinary Occasions.

Hawkers and Pedlars.

Ordered, That the ingrossed Bill against Hawkers and Pedlars be read the Third time upon Thursday Morning next, after Eleven a Clock.

Beverly's Estate.

A Petition of Alderman Nicholas Charleton was presented to the House, and read; setting forth, That James Beverly Esquire, deceased, was indebted to the Petitioner 58 l. upon Bond: That a Bill is now depending in this House for vesting in Trustees the Estate late of Sir James Beverley in Huntingtonshire, to be sold: That the Petitioner is not provided for by the said Bill, as well as other Creditors of the said James Beverley: And praying, That his said Debt may be secured by the said Bill, as well as the Debts of other Creditors of the said James Beverley.

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

Leave of Absence.

Ordered, That Mr. Pawlet have Leave to go into the Country, for Recovery of his Health.

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 the better preventing the Exportation of Wool, and encouraging the Woollen Manufactures of this Kingdom, . . . . . . be taken into Consideration upon Friday Morning next.

Leave of Absence.

Ordered, That Sir Thomas Tayler have Leave to go into the Country for a Week, upon extraordinary Occasions.

Registry of Deeds.

Ordered, That the Report from the Committee, to whom the Bill for registring Memorials of Deeds, Feoffments, Conveyances, and Wills, was committed, be taken into Consideration upon Saturday Morning next.

Irish Forfeitures.

Resolved, That this House will, To-morrow Morning resolve itself into a Committee of the whole House, to consider further of the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Call of the House.

Ordered, That the House be called over upon Monday Morning next: And that all such Members as shall not then attend, not having Leave to be absent, be sent for in Custody of the Serjeant at Arms attending this House.

Ways and Means.

Resolved, That this House do immediately 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.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee That they had come to several Resolutions; 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.

A Motion being made, and the Question being put, That all Committees be revived;

It passed in the Negative.

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