House of Commons Journal Volume 12: 17 April 1699

Lunæ, 17 die Aprilis;

Undecimo Gulielmi Tertii.

Prayers.

Weslyd's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for the enabling Cyriac Weslyd Esquire to sell some Part of his Estate, which, by Articles upon his Marriage, was agreed to be settled upon his Wife and Children; and for the Settling of other Part of his Estate, of better Value to the same Uses; was read the Second time.

Resolved, That the Bill be committed to Mr. Champneys, Mr. England, Mr. Wynne, Sir Robert Edon, Mr. Dormer, Mr. Hughes, Sir John Bolls, Mr. Brotherton, Dr. Davenant, Mr. Hancock, Sir Richard Cocks, Sir Godfrey Copley, Mr. Cooke, Colonel King, Mr. Whichcot, Mr. Bernardiston, Mr. Herne, Mr. Godolphin, Mr. Hayes, Sir Thomas Davall, Sir John Fleet, Lord Fairfax, Mr. Gwyune, Mr. Rudge, Mr. Mounstevens, Mr. Hammond, Sir Chr. Hales, Mr. Blaake, Sir Robert Cotton, Mr. Thornhaugh, Sir Willoughby Hickman, Mr. Duncomb, Mr. Blofeild, Sir Richard Farrington, Mr. Gerrard, Mr. Bridges, Mr. Dymock, Mr. Perry, Mr. Osborne, Mr. Varney, Mr. Hoar; and all the Members that serve for the County of Lincoln: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Foster's Estate.

Sir Robert Eden reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for the Confirming of a Grant, and Settlement, made by William Foster Esquire, of divers Manors and Lands in the County Palatine of Durham, and County of Northumberland, to Thomas Lord Fairfax, and others, upon certain Trusts and Uses therein mentioned, was committed, That they had examined the same, and found the Allegations therein to be true; and that all the Parties concerned therein had given their Consents thereunto, to the Satisfaction of the Committee; and that they had made an Amendment to the Bill; which they had 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 was twice read; and, upon the Question put thereupon, agreed unto by the House; and is as followeth; viz.

Pr, 4. L. 30, after "Rent-charge," add "And, until such time as the Rent-charge shall be sold, the said Trustees shall pay the Interest that shall become due upon the said Bond, in such Course, and with such Preference, in Order of Time, as is above directed for Payment of the said Bond."

Privilege of Members in Suits.

Resolved, That no Member of this House have any Privilege, except for his Person only, against any Commoner, in any Suit or Proceedings in Courts of Law or Equity, for any longer time than the House shall be actually sitting for the Dispatch of Business in Parliament; and that the same be a standing Order of the House.

Conway's Estate.

Mr. Sloan reported from the Committee, to whom the Bill to enable Popham Conway Esquire, and his Two younger Brothers, to make Leases of their Estates, was committed, That they had examined the same, and found the Allegations therein to be true; and that all the Parties concerned had given their Consents thereunto, to the Satisfaction of the Committee; and that the Committee had made several Amendments to the Bill; which they had 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 once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

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

Reyal Oak Lottery.

Mr. Lowndes, according to Order, presented to the House an Account of the Pensions upon the Royal Oak Lottery:

And the Title thereof was read:

And the Account is as followeth; viz.

An ACCOUNT of the Pensions upon the Royal Oak Lottery; viz.

Wm. Lowndes.

Ordered, That the Consideration of the said Account be referred to the Committee, to whom the Bill to suppress the Royal Oak Lottery, and all other Lotteries, is committed: And that the Grantees of the said Pensions be heard, before the said Committee, upon Wednesday Morning next, when the said Committee is to sit.

Leeke's Estate.

Mr. Brotherton reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable Katherine Leeke, an Infant under the Age of Oneand-twenty Years, to settle and dispose of her Estate, upon her Marriage; and also the ingrossed Bill, from the Lords, intituled, An Act to enable Thomas Okeover Gentleman, Son and Heir apparent of Rowland Okeover, of Okeover, in the County of Stafford, Esquire, together with the said Rowland Okeover, to make a Jointure, and Settlement, upon the Marriage of the said Thomas Okeover; was committed; That they had examined the same, and found the Allegations therein to be true; and that all the Persons concerned had given their Consent thereunto; and that, as to the Petition of Robert Peale and his Wife, in relation to the Bill of the said Katherine Leeke, Mr. Abbington, and Mr. Henry Tate, who had a Power, from the Petitioners, to oppose the same, or to agree upon Terms, as they should think fit, declared, that they had made an Agreement in behalf of the Petitioners, and desired to withdraw the Petition; and that the Committee had directed him to report the said Bills to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Raising Militia.

Mr. Bridges, according to Order, reported, from the Committee of the whole House, to whom the Bill for raising the Militia of this Kingdom, for the Year One thousand Six hundred Ninety-nine, although the Month's Pay, formerly advanced, be not repaid, was committed, the Amendments, made by the said Committee, to the said Bill; which they had 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 once read throughout, and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

A Clause was offered, to be added to the Bill with Blanks, That * * *

And the same was twice read; and the Blanks filled up:

And then the same was, 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, with Blanks, That * * * *

And the same was twice read; and the Blanks filled up:

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

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

Irish Arrears.

Ordered, That Sir Wm. Hustler, Sir Richard Cocks, Mr. Milbank, Sir Godfrey Copley, Mr. Robinson, Mr. Danby, Sir Lyon. Jenkins, be added to the Committee, to whom the Petition of Colonel Coote's Soldiers was referred.

Duty on Glass.

Mr. Lowndes, according to Order, presented to the House an Account of the Produce of the Duty on Glass-wares, from the 1st of August 1698, to the 4th of February 1698: And also,

An Account of the net Produce of the new Duty on Whale-Fins, and Scotch Linen, from the 10th of July last; and the remaining Half-Duty on Glass-ware, from the 1st of August last to the 15th of April 1699, inclusive:

And a Year's Estimate of the Scotch Linen, WhaleFins, and Half-Duty on Glass:

Which Accounts were read; and are as followeth; viz.

AN ACCOUNT of the Produce of the Duty on Glass-wares, from the 1st Day of August 1698, to the 4th of February 1698 / 9

An ACCOUNT of the net Produce of the new Duty on Whale-Fins, and Scotch Linen, from the 10th July last; and the remaining Half Duty on Glass-ware, from the 1st August last to the 15th of April 1699, inclusive; viz.

Note, There are many Debentures standing out: So that a just Account cannot be given of Drawbacks.

As also the Accounts of the Out-Ports are returned no farther than to Christmas last.

17 April 1699.
Cha. Carkesse.

17 April 1699.
Cha. Carkesse.

Ordered, That the Consideration of the said Accounts be referred to the Committee of the whole House, to whom the Bill for taking off the remaining Duties on Glass-wares is committed.

Duty on Glass.

The House, according to Order, resolved itself into a Committee of the whole House, to consider further of the said Bill.

Mr. Speaker left the Chair.

Sir John Packington took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir John Packington reported from the said Committee, That they had gone through the Bill; and made an Amendment thereunto; which they had directed him to report, when the House will please to receive the same.

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

Encouraging the Fishery.

A Bill for establishing and regaining the Fishery was read a Second time.

Resolved, That the Bill be committed, to a Committee of the whole House.

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

Ways and Means.

Mr. Cowper, according to Order, reported, from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to his Majesty, the Resolutions which they had 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 read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That a Duty be laid upon all Paper, Vellom, Parchment, and Pasteboard.

Ways and Means.

Resolved, That it is the Opinion of this Committee, That the said Duty be after the Rate of 30 l. for every 100 l. of the Value of all Paper, Vellom, Parchment, and Pasteboard, imported, according to the Rates set down in the Book of Rates, made in the 12th Year of King Charles the IId, over and above all Duties already payable for the same.

Resolved, That it is the Opinion of this Committee, That the said Duty be paid ad Valorem, for all such Sorts of the said Commodities as are not particularly valued in the said Book of Rates.

Resolved, That it is the Opinion of this Committee, That a further Duty of 20 l. for every 100 l. Value, be paid for all printed Paper, or Books, imported, according to the Value of the Paper so printed, or made into Books, set down in the said Book of Rates.

Resolved, That it is the Opinion of this Committee, That the said Duties be paid by the Importer for all the said Commodities, imported at any time after the 13th Day of April 1699, during the Space of Five Years.

Resolved, That it is the Opinion of this Committee, That the said Duty on all Paper, Vellom Parchment, and Pasteboard, made within this Kingdom, be after the Rate of 20 l. for every 100 l. of the Value thereof, according to the several Values of the like Kinds of Paper, Vellom, Parchment, and Pasteboard, set down in the said Book of Rates.

Resolved, That it is the Opinion of this Committee, That the said last-mentioned Duty be paid ad Valorem, for all such Sorts of the said Commodities as are not particularly valued in the said Book of Rates.

Resolved, That it is the Opinion of this Committee, That the said last-mentioned Duty be paid by the Maker, for all the said Commodities made within this Kingdom, at any time after the 13th Day of April 1699, during the Space of Five Years.

Resolved, That it is the Opinion of this Committee, That a further Duty be laid upon all Rock-Salt, and Salt-Rock not refined.

Resolved, That it is the Opinion of this Committee, That the said Duty be rated and charged by allowing only 70 Pound Weight to the Bushel; by which the Duty, now charged thereon, shall be collected, and levied, for the future.

Resolved, That it is the Opinion of this Committee, That the present Duty of 8d. per Gallon on low Wines, and Spirits of the first Extraction, drawn from Molosses and other foreign Materials, or any Mixture therewith, be reduced to 4d. per Gallon.

Resolved, That it is the Opinion of this Committee, That the present Duties on all low Wines, and Spirits of the first Extraction, drawn from English Materials, other than malted Corn, be reduced to 1½d. per Gallon.

Resolved, That it is the Opinion of this Committee, That a further Duty be laid upon all Sweets, whereby the present Duties charged thereon shall be increased to 1 l. 16s. per Barrel.

Resolved, That it is the Opinion of this Committee, That the Duties payable for Vinegar, made in this Kingdom, be settled at 8s. per Barrel.

Resolved, That it is the Opinion of this Committee, That a Duty be laid on all Cinders, made of Pit-Coal, water-borne in order to be shipped.

Resolved, That it is the Opinion of this Committee, That the said Duty be after the Rate of 5s. per Chaldron.

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

The Tenth Resolution being read a Second time;

An Amendment was proposed to be made thereunto, by adding "and that the said Duty be charged at the Pits:"

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 the said Duty be rated and charged by allowing only 70 Pound Weight to the Bushel; by which the Duty, now charged thereon, shall be collected, and levied, for the future: And that the said Duty be charged at the Pits.

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

Ordered, That a Bill, or Bills, be brought in upon the said Resolutions: And that Mr. Cowper and Mr. Lowndes do prepare, and bring in, the same.

Privilege of a Member in a Suit.

Sir Rowland Gwyn, according to Order, reported, from the Committee of Privileges and Elections, the Matter upon the Petition of Dame Elizabeth Windham, as it appeared to the said Committee; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of the Lady Windham; praying, That she may be at Liberty to proceed at Law, for the Recovery of 1,000 l. secured to be paid to her, by her late Husband Sir Thomas Wyndham, deceased; wherein, as she alleges, she was obstructed by Sir Francis Wyndham's insisting on his Privilege:

That there was a Treaty by Sir Francis Wyndham and Thomas Wyndham, Father and Brother of Sir Francis, the Sitting-Member, for a Marriage to be had between the said Thomas and Elizabeth, the Petitioner, Daughter of Sir George Crook: The said Marriage was agreed upon and a Settlement to be made, in Consideration thereof, and of 4,000 l. Portion; and a Settlement was made accordingly, of Sir Fran. Wyndham's, the Father's, Estate; viz.

15th February 1675. Of the Manor of Trent, with several Lands in the County of Somerset, to the Use of Sir Francis the Father, for Life; and, after his Death, to Dame Ann, his Wife, for her Life, for her Jointure; Remainder to Thomas, for his Life; and, after the Death of Sir Francis, Ann, and Thomas, there is a Term vested in Sir William Portman, Arthur Onslow, and Richard Crook, upon the Trusts therein mentioned: And of the Manor of Pillesdon, and Estate in Dorsetshire, upon Thomas, for Life; then upon the Petitioner, for Life, for her Jointure; and afterwards a Term vested in the said Trustees, for 200 Years, upon the Trusts in that Deed mentioned:

In which Settlement there is a Covenant by Sir Francis the Father, and Thomas, That the Estate settled in Dorsetshire, for the Jointure of the Petitioner, was then of the Value of 600 l. per Annum, over and above all Charges:

And the Trusts of the several Terms of 200 Years were declared to be, That, in Failure of Issue Male, if there was but One Daughter, for raising a Portion of 4,000 l. for her, payable at her Age of One-and-twenty, or Marriage, which should first happen; and, in the mean time, to pay her 40 l. per Annum, for her Maintenance:

And by the said Settlement, in Failure of Issue Male of Thomas, the Estates were to remain to the Heirs Males of Sir Francis the Father.

20th January 1678, Sir Thomas Wyndham, his Father being dead, by Indenture made between himself of the one Part; and Andrew Worth, Nicholas Johnson, and Roger Hewet, of the other Part; doth covenant to levy a Fine of the Dorsetshire Estate, and also another Fine of the Somersetshire Estate; which several Fines are, by the said Deed, declared to be ( (fn. 1) ) [to the Use of Sir Tho. Wyndham, for Life; and, after his Decease], to the Use of the said Andrew Worth, Nicholas Johnson, and Roger Hewet, for the Term of Ninety-nine Years; and, from the Determination of that Estate, to the Use of the Heirs Male of Sir Francis Wyndham the Father; the Remainder to the right Heirs of the said Sir Tho. Wyndham; and as to the Term for Years, it is declared in Trust, That the said Wrought, Johnson, and Hewet, by Selling, Mortgaging, Demising, or other Disposition thereof, or any Part thereof, should pay and satisfy such Debts, as the said Sir Thomas should owe at the time of his Death, together with their own Charges; and, in the next place, to pay and satisfy such Sums as the said Sir Thomas Wyndham, by any Deed, or Writing, under his own Hand, testified by One or more credible Witnesses, should direct and appoint; and also the Legacies of the said Sir Thomas Wyndham.

18 June 1683. By Indenture-Tripartite, between Sir Thomas and the Petitioner, of the First Part; John Winter and Bullen Reymes, of the Second Part; and Denzill Onslow and Francis, now Sir Francis Wyndham, of the Third Part; in Consideration of 2,500 l. paid by the said Sir Francis, to Sir Thomas; and for settling the Estate to the Uses therein mentioned; the said Sir Thomas does covenant, That he and the Petitioner would levy a Fine of the Lands in Dorsetshire, and himself would levy another Fine of the Lands in Somersetshire; which were declared to the Uses following; viz.

To the Use of Denzill Onslow, for 1,000 Years, without Impeachment of Waste, in Trust for Sir Francis, for Security of the said 2,500 l. with Interest, at Five Years End; Remainder to Sir Thomas, for Life; Remainder to his First and other Sons, in Tail Male; Remainder to Sir Francis, for Life; Remainder to his First and other Sons in Tail Male; with other Remainders over.

Sir Thomas covenanted, That the Premises were free from Incumbrances, except a Term of 99 Years, to commence from his Death; which was intended to be assigned to Richard Onslow Merchant, in the First Place further to secure the Payment of the said 2,500 l. with Interest; and then in Trust for securing the Payment of Dame Elizabeth the Petitioner 1,000 l. within Three Months after his Death, in case the survive him, and not otherwise; and if she die in his Life-time, then for securing the like Sum of 1,000 l. to Anne, Daughter of Sir Thomas and Dame Elizabeth, to be paid within Three Months after his Death; and then, after the Term, was to attend upon the Inheritance, settled as aforesaid.

And, except the Jointures of Dame Anne and Eliz. there is, in the same Deed, a Proviso, That, till Default in Payment of the 2,500 l. with Interest, Sir Thomas and all other the Remainder may enjoy.

And it is at last further agreed, by the Parties to that Deed, That the Premises shall remain charged with 10 l. per Annum more to Anne, the Daughter of Sir Thomas, till her Portion is payable.

5 September 1693. Roger Hewet, being the surviving Trustee, by Indenture made between him, of the First Part; and Richard Onslow Merchant, of the other Part; in Pursuance of a Decree in Chancery; wherein the said Sir Fran. Wyndham and the Petitioner were Petitioners against the said Roger Hewet; assigned over the Term of 99 Years, granted by the Deed of 20th January 1678, to the said Richard Onslow.

24 November 1698. That the Petitioner's Daughter Anne being married to William James Esquire, the several Terms of 200 Years, and 200 Years, in the Dorsetshire and Somersetshire Estates, for raising the said Anne's Portion, are, in pursuance of a Decree in Chancery, upon paying the Sum of 4,669 l. for the said Anne's Portion, and for Arrears of Maintenance, and Interest and Costs, by way of Mortgage, assigned over to Sir Thomas Meeres and Nicolas Martin.

And it does appear, by a Receipt on the Back of the said Deed, signed by William James Esquire; who married Anne the Daughter of the said Sir Thomas; and also by Anne his Wife; that they did receive the said Money of Sir Francis Windham accordingly.

That the Petitioner has been in Possession of her Jointure in Dorsetshire, ever since the Death of her Husband Sir Thomas, and so still is; but, as her Counsel alleged, the same is but of the Value of 300 l. per Annum; and at that Value, offered to part with it to Sir Francis Wyndham:

That Dame Anne, Relict of Sir Francis the Father; held the Somersetshire Estate, as her Jointure-Estate, till July last, when Sir Francis entered thereupon, as well by virtue of the said Settlement, in Remainder upon him, for Default of Issue Male of Sir Thomas, as to satisfy him the 2,500 l. and Interest, by him paid in 1683, and of which the Interest was, and is, in Arrear, since the Death of Sir Thomas, in 1692: And that he holds such Possession, as well for these Purposes, as to pay himself the 4,669 l. and Interest, which he paid to the said Mr. James; which Charges of 2,500 l. and Interest, and the said 4,669 l. and Interest, are precedent to the Petitioner's Claim of the said 1,000 l.

And Sir Francis Wyndham's Counsel insisted,

That the said Somersetshire Estate, which he is in Possession of, is but about 150 l. per Annum clear of Taxes, and other Out-goings: And that he has yet received but One Half-year's Rent thereout, which is all the Estate that he hath, until after the Petitioner's Death, towards Satisfaction of the said Monies, so due to him as aforesaid.

Ordered, That the further Consideration of the said Report be adjourned till Thursday Morning next, Eleven a Clock.

Supply Bill; Land Tax.

Resolved, That this House will, To-morrow Morning, proceed in the further Consideration of the Report of the Bill for granting to his Majesty the Sum of One million Four hundred eighty-four thousand and Fifteen Pounds One Shilling Eleven-pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions.

Malmesbury Election.

Ordered, That the Report from the Committee of Privileges and Elections, touching the Election for the Borough of Malmesbury, in the County of Wilts, be made upon Thursday Morning, after the Report touching the Lady Windham is considered.

Penalties on Embezzlement of Prizes.

Ordered, That the Bill to indemnify the Captains of his Majesty's Ships from such Penalties and Disabilities as have been inflicted upon them, upon Pretence of Embezzlements of Goods, taken as Prizes, be read a Second time upon Friday Morning next.

Committees

Ordered, That all Committees be adjourned.

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