House of Commons Journal Volume 12: 5 March 1698

Sabbati, 5 die Martii;

10° Gulielmi Tertii.

Prayers.

JACOB Giles Zinck, Adrian Lernoult, James Lamouche, Thomas Thomas, Stephen Fagett, Francis Varigand, Mary Martha Lernoult, David Bosanquett, Francis Andrews, Elias Dupuy, Claude Fennereau, John Hanett, Lewis Augier, John Cheselyn, and Isaac Hoguett, took the Oaths appointed in Order to their Naturalization.

Servants of Cha. II.

Ordered, That Mr. Thornhagh, Mr. Blofeild, Mr. Taylor, Sir Wm. Williams, Mr. Mawdit, Mr. Phillips, be added to the Committee, to whom the Petition of King Charles the IId's Servants is referred.

Ankholm Drainage.

Ordered, That all the Members that serve for the Counties of Rutland and Nottingham be added to the Committee, to whom the Petition of Sir Stephen Anderson, and others, the Lords of several Manors, and Freeholders, within the Level of Ankholme, in the County of Lincolne, is referred.

Resumption of Grants.

A Petition of Frederick, Letitia, and Eliz. Porter, Children of Sir Charles Porter, late Lord Chancellor of Ireland, was presented to the House, and read; setting forth, That, in regard to the Petitioners Father's sudden Death, and Compassion to the Petitioners, his Majesty was pleased to grant the Petitioners, for their Support, an Estate in Fee, of Four hundred Pounds per Annum, over and above Incumbrances and Quit-rents; since which Grant the Petitioners have received no Benefit thereby, and many Incumbrances have since appeared thereon; so that the same will amount to but little more than Half what was intended: And praying, That the Bill in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, may not affect the said Grant.

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

Ditto.

A Petition of Colonel Robert Wolsley, and Captain Richard Wolsley, for, and on the Behalf of, Mary Neville Widow, Dorothy Wolsley, Spinster, and William Wolsley an Infant, was presented to the House, and read; setting forth, That his Majesty, for the many Services of Brigadier Wm. Wolsley, was pleased to promise him 1,000 l. a Year of the forfeited Estates in Ireland; and, in pursuance thereof, did grant him 371 l. per Annum for Twenty-one Years; and the Thousand Pounds a Year was intended to the Brigadier, and his Heirs; but he, dying before it could be effected, by his last Will devised all his Estate to the Petitioners Robert and Richard, in Trust for his Family; but, by the Bill in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, his Majesty's said Bounty is like to be destroyed: And praying a saving Clause as to the Three hundred and Seventy-one Pounds per Annum; and that the Grant may be made good as to the 1,000 l. per Annum.

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

Resumption of Grants.

A Petition of James Fitz-Gerald Esquire, Counsellor at Law, was presented to the House, and read; setting forth, That the Petitioner was an Inhabitant in Limerick at the time of the Surrender thereof, and conceives himself comprised in the Articles; and applied to the Council-Board at Dublin, and proved his Qualification; but it was objected, That the Petitioner had before taken Quarters and Protection of the English; and so he was thought not within the Articles, though it is contrary to the plain Sense and Letter of the Second Article: That the Petitioner is outlawed, and his Estate seized, though he was never in Arms, nor bore any Office, under the late King James: And praying, That his Case may be considered, and his Grievances redressed.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Publick; is committed.

Ditto.

A Petition of Major Christopher Wray was presented to the House, and read; setting forth, That he has served his Majesty ever since his Accession to the Crown: That he is Son and Heir to his Mother, who had an Estate of Inheritance in Ireland, which is now seized into his Majesty's Hands, on the Forfeiture of the Petitioner's Father: That he petitioned the King for a Lease of the said Lands, at an easy Rent; who referred it to the Lords Justices of Ireland: And praying an Exception of the said Estate in the Bill before the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Maurice Annesly Esquire was presented to the House, and read; setting forth, That his Majesty was pleased, in Consideration of his Losses in Ireland, to grant the Petitioner to the Value of Two thousand Pounds, out of the Forfeitures contained in a Schedule annexed to the Petition, or out of such Forfeitures as he should discover: And praying, That his said Grant may not be prejudiced by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Ditto.

A Petition of Thomas Lacye, Patrick Sarsfield, and William Galwey, in behalf of themselves, and others intitled to the Benefit of Declarations, Proclamations, and Protections, published and given during the late War in Ireland, was presented to the House, and read; setting forth, That, by the King's Declaration of the 22d of February 1688, a full Indemnity, and Enjoyment of their Estates, was promised to all that should, before the 10th of April then next, submit themselves to this Government; which they did as soon as they could, and took the Oath of Fidelity; and yet they have been outlawed, though they never were concerned in the Wars in Ireland: And praying, That the publick Faith may be made good, and Provision made for the Petitioners against the said Outlawries, by the Bill in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

Resumption of Grants.

A Petition of Michael Moor, in behalf of himself, and others comprised within the Articles made upon the Surrender of Drogheda, was presented to the House, and read; setting forth, That, by the said Articles of the 3d of July 1690, it was agreed, That the Roman Catholick Dwellers of that Town should not be molested in their Properties; and accordingly they have hitherto enjoyed their Estates, which are not above 300 l. per Annum, though they are outlawed contrary to the said Articles: And praying a saving Clause for the Petitioners may be inserted in the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688.

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

A Message from the Lords, by Sir Miles Cook and Mr. Pitt:

Mr. Speaker,

Importing Bone-lace, &c.

The Lords have agreed to the Bill, intituled, An Act for rendering the Laws more effectual for preventing the Importation of foreign Bone-lace, Loom-lace, Needlework, Point, and Cut-work, without any Amendments: Also,

Earl of Macclesfields Divorce.

The Lords have passed a Bill, intituled, An Act for dissolving the Marriage between Charles Earl of Macclesfeild and Anne his Wife; and to illegitimate the Children of the said Anne: To which they desire the Concurrence of this House: Also,

Gardner's Marriage. Settlement.

The Lords have passed a Bill, intituled, An Act to rectify a Mistake in the Marriage-Settlement of William Gardner Esquire: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Newcastle Water-works.

A Bill for the better supplying the Town of Newcastle upon Tyne with fresh Water was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir William Blackett, Mr. Mountague, Sir Wm. Bowes, Sir Wm. Coriton, Sir Wm. Hustler, Sir Wm. Lowther, Sir Henry Colt, Lord Irwyn, Sir Marm. Wivell, Mr. Thornhagh, Mr. Norris, Sir Fra. Masham, Mr. Lowther, Mr. Monckton, Mr. Brotherton, Sir Robert Burton, Mr. England, Sir Wm. York, Mr. Price, Sir Henry Hobart, Sir John Kay, Mr. York, Mr. Harrison, Mr. Perry, Mr. Gery, Mr. Colt, Mr. Lambton, Sir Wm. Ashurst, Sir Geo. Hungerford, Mr. Pocklington, Mr. Hammond, Sir John Phillips, Mr. St. John, Mr. Mawdit, Mr. Machell, Mr. Osborne: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Colchester Channel.

A Bill to cleanse, and make navigable, the Chapel from the Hithe at Colchester to Wivenhoo, was, according to Order, read the First time.

Resolved, That the Bill be read a Second time upon this Day Sevennight.

Articles of Limerick.

Mr. Secretary Vernon presented to the House the Articles upon the Surrender of Limerick:

And a Copy of the Articles upon the Surrender of Galway:

And of his Majesty's Declarations to the Rebels in Ireland, of the 1st of July, and 1st of August, 1690:

And of General Ginckell's Declaration for calling in the Irish; referring to a Proclamation of the Lords Justices, of the 7th of July 1691, offering large Conditions to those that should come in.

And the Titles of them were read.

Ordered, That the Consideration of the said Articles, and Declarations be referred to the Committee of the whole House, to whom the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Public; is committed.

Earl of Macclesfield's Divorce.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for dissolving the Marriage between Charles Earl of Macclesfield and Anne his Wife; and to illegitimate the Children of the said Anne, be read the First time, upon Monday Morning next.

Privilege— a Petition for Discharge.

A Petition of Samuel Hoyle, Scrivener, in custody of the Serjeant at Arms, for a Breach of Privilege against Antony Hammond Esquire, a Member of this House, was presented to the House, and read; acknowleging his Offence, and begging Pardon for the same: And praying to be discharged out of Custody.

Ordered, That the said Samuel Hoyle be brought to the Bar, upon Monday Morning, in order to his Discharge.

Privilege of a Member in a Suit.

A Petition of Robert Bullock Esquire; Benj. Sterry Gentleman, and Anne his Wife; Clare Windham Gentleman, and Catharine his Wife; Daughters and Orphans of John Wall Esquire, deceased; was presented to the House:

And the same relating to Sir Edward Seymour, a Member of this House; who not being in the House;

Ordered, That the Petition do lie upon the Table until Sir Edward Seymour shall attend in his Place: And that the same be then read.

Leave of Absence.

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

Poor Laws.

Mr. Pagitt reported from the Committee appointed to draw up Reasons, to be offered at a Conference with the Lords, for disagreeing to one of the Amendments, made by their Lordships, to the Bill, intituled, An Act for explaining an Act, made the last Session of Parliament, intituled, An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom, That they had drawn up Reasons accordingly; which they directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were twice read; and agreed unto by the House; and are as follow; viz.

The Commons do not agree to the Lords Amendment, Press 2 L. 13. after " Certificate," add " or the Children of such Person, born in that Parish;" Because, the Children of Persons coming into a Parish by Certificate may, as well as any other Person whatsoever, intitle themselves, as the Law now stands, to Settlement in the said Parish, by being either bound Apprentices, or hired Servants, by the Year there: And the Commons therefore think it not reasonable they should be debarred of such Privilege; which they will certainly lose, if the said Amendment be agreed to.

Conference desired with Lords.

Resolved, That a Conference be desired with the Lords, upon the Subject-matter of the said Amendment.

Ordered, That Mr. Paget do go to the Lords, and desire the said Conference.

Salmon Preservation.

Ordered, That the Report from the Committee, to whom the Bill for the Increase and Preservation of Salmon, and the Fry of Salmon, in the Rivers of this Kingdom, was committed, be made upon Wednesday Morning next.

Timber in New Forest.

The House being informed, That the Petitioners, and Counsel, attended, to be heard upon the Bill for the Increase and Preservation of Timber in the New-Forest, in the County of Southampton;

They were called in; and heard at the Bar accordingly: And also several Witnesses were examined.

And then the Petitioners, and Counsel, and Witnesses, withdrew.

And Mr. Smith reported, from the Committee of the whole House, to whom the said Bill was committed, the Amendments made by the Committee thereunto; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, all but one, which was disagreed unto, agreed unto by the House.

A Clause was offered to be added to the Bill, That the Money for the Expences of the Inclosures be paid out of the Exchequer.

And the same was twice read; and, by Leave of the House, withdrawn.

And a Clause was offered to be added to the Bill, to free the Borderers upon the Forest from Trespasses:

And the same was once read.

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

It passed in the Negative.

Ordered, That the Bill, with the Amendments, be ingrossed.

Russia Trade.

The House being informed, That the Treasurer of the Russia Company attended, with such things as the House had ordered to be laid before them;

He was called in; . . at the Bar delivered in to the House the Book of Bye-laws and Orders; and also an Account of what Woollen Manufactures they and their Members have exported for the last Seven Years.

And then withdrew.

And the Titles thereof were read.

Ordered, That the Consideration of the said Books and Account be referred to the Committee of the whole House, to whom the Bill for encouraging and improving the Trade to Russia is committed.

Ditto.

Resolved, That this House will, upon Monday Sevennight, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Freedom of Elections.

Ordered, That the Bill, for the further securing the Freedom of Elections of Members to serve in Parliament be read a Second time, upon this Day Sevennight.

Supply Bill; vacating Grants in Ireland.

Resolved, That this House will, upon this Day Sevennight, resolve itself into a Committee of the whole House, to consider further of the Bill for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688; and for appropriating the same to the Use of the Publick.

Interest of Money.

Ordered, That the Bill to lower the Interest of Money be read upon this Day Month.

And then the House adjourned till Monday Morning, Nine a Clock.