Journal of the House of Commons: Volume 12, 1697-1699. Originally published by His Majesty's Stationery Office, London, 1803.
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Mercurii, 16 die Februarii ;
10° Gulielmi Tertii.
A PETITION of John Jeanes, and Christopher Hoskins, in behalf of themselves, and several others that were broke out of his Grace the Duke of Ormond's Troop of Horse Guards in Flanders, was presented to the House, and read; setting forth, That the Petitioners gave considerable Sums of Money to be admitted into his Majesty's Service, and mounted themselves with Horses and Accoutrements; which, on being broke, were taken from them, without any Satisfaction; and that there is a great Arrear of Pay due to them; but they can get nothing: And praying Relief therein.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of Mr. Francis Molyneux is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.
A Petition of David Deacon, and Thom. Bradshaw, Soldiers under Captain John Alfeur, in Colonel Lea's Regiment of Dragoons, was presented to the House, and read; setting forth, That Deacon having a Furlow to see his Friends, and the Regiment being broke before the Furlow was out, the said Captain not only stopped all his Pay and Arrears, but took his Horse and Accoutrements; and Bradshaw wants his Subsistence, and Arrears of Pay: And praying Relief in the Premises.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Soldiers of Colonel Langston's Regiment is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.
A Petition of the Merchants of London trading to Virginia and Maryland, in behalf of themselves, and the Inhabitants of the said Plantations, was presented to the House, and read; setting forth, That the encouraging the Exportation of Tobacco will be of very great Advantage to his Majesty's Plantations, and this Kingdom; which, the Petitioners conceive, may be effected by opening and enlarging the Trade to Russia therein: And praying, That they may offer their Reasons, at the Bar of this House, for the Bill now depending for encouraging and improving the Trade to Russia.
Ordered, That the said Petitioners be heard at the Bar of this House, upon the Second Reading of the said Bill.
Ayre and Calder Navigation.
A Petition of Lords of Manors, Freeholders, and Tenants, upon the Rivers of Ayre and Calder, above Castleforth, was presented to the House, and read; setting forth, That they are unwilling to oppose the Bill, depending in the House, for making the said Rivers navigable, because it will be for a publick Good; but Sir John Blanet having raised his Mill and Dam at Castlefort above Half a Yard higher than it used to be, it causeth the Lands above the said Dam, for near Five Miles, to overslow much sooner than formerly, to the great Damage of the Owners: And praying, That the said Bill may not debar the Petitioners from recovering their Damages.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
A Petition of the Freeholders and Inhabitants of the Town of Tadcaster, in the County of York, was presented to the House, and read; setting forth, That the said Town is situate on the River Wharfe, by which several Goods are brought thither, which is a great Part of the Trade of the Inhabitants; and if the Rivers Ayre and Calder should be made navigable, by virtue of a Bill depending in this House for that Purpose, but little Water will slow into the River Wharfe; so that the Petitioners will be deprived of that Benefit they have always enjoyed: And praying, That the said Bill may not pass.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
Trade to Germany.
Ordered, That Leave be given to bring in a Bill for supporting the Merchant-Adventurers of England in their Trade to Germany: And that the Lord Fairfax and Sir William St. Quintin do prepare, and bring in, the Bill.
Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the Borough of Saltash, in the County of Cornwall, in the room of Francis Buller Esquire, deceased.
A Bill for confirming and establishing the Administration of the Goods and Chattels of Sir. William Godolphin Knight, deceased; was read a Second time.
Resolved, That the Bill be committed to Mr. Travers, Sir Marm. Wivell, Sir Wm. Lowther, Mr. Arnold, Mr. Thornhagh, Sir John Philipps, Sir Jos. Jekyll, Sir Jacob Ashley, Mr. Sloane, Lord Digby, Mr. Shackerly, Mr. Molesworth, Mr. Monson, Mr. Clarke, Mr. York, Mr. Godolphin, Colonel Granville, Mr. Norris, Mr. Hooper, Mr. Mountague, Mr. Lowther, Mr. Baldwyn, Sir Tho. Dyke, Mr. Stonehouse, Mr. Nicholas, Lord Pawlet, Sir Robert Burdet, Mr. Ashby, Mr. Colt, Mr. Moyle, Lord Fitzharding, Sir Fra. Masham, Sir Chr. Musgrave, Mr. Yates, Mr. Pocklington, Mr. Bethell, Mr. Ettrick, Mr. Jenkins, Sir Tho. Roberts, Mr. Kirby, Mr. Cooper, Sir John Bolles, Sir Henry Goff, Mr. Palmes, Mr. Blofield, Mr. Gwyn: And they are to meet this Afternoon, at Five a Clock, in the Speaker's Chamber.
Ordered, That it be an Instruction to the said Committee, That they have Power to receive a Clause to make good such Charities as appear to have been expressly declared by Sir William Godolphin, in Writing, before he went out of England, out of such Parts of the Estate as shall be recovered from beyond the Seas; or, in failure thereof, to be supplied out of the Residue in England; which shall come to the Hands of the Administrators, if any such there be, after Debts and Legacies paid.
Ordered, That the ingrossed Bill to encourage the Woollen Manufacture in England; and to restrain the Exportation of Woollen Manufactures from Ireland into foreign Parts; and for the better preventing the Exportation of Wool from England and Ireland; be read the Third time upon Monday next.
Excise Bills of Exchange.
Ordered, That Mr. Sheldrake do, To-morrow Morning, lay before this House an Account of such Bills of Exchange, as were sent by the Collectors of Excise, payable to the Commissioners for the Duties of Excise in milled Money and Gold, and have been paid in Exchequer-Bills.
Persons to attend.
Ordered, That Mr. Noell and Mr. Story, Officers to the Commissioners of Excise, do attend this House Tomorrow Morning.
Buying and selling Offices.
A Bill to prevent the Buying and Selling of Offices, and Places of Trust, was, according to Order, read the First time.
Resolved, That the Bill be read a Second time upon Friday Morning next.
A Bill for regulating of Printing, and Printing-Presses, was, according to Order, read the First time.
And a Motion being made, and the Question being put, That the Bill be read a Second time;
It passed in the Negative.
Resolved, That the Bill be rejected.
Freedom of Elections.
Mr. Foley, according to Order, presented to the House a Bill for the further securing the Freedom of Elections of Members to serve in Parliament: And the same was received.
The Bill was read the First time.
Resolved, That the Bill be read a Second time upon Monday next.
King appoints to be attended.
The Lord Conningsby acquainted the House, That he having, according to their Order, waited upon his Majesty, to know his Majesty's Pleasure, when he would be attended by this House, his Majesty had been pleased to appoint To-morrow at Four a Clock, at Kensington, in the Afternoon.
Grants from the Crown.
Then the Copies and Accounts presented to the House by Mr. Lowndes, upon Monday last, were, according to Order, read; and are as follow; viz.
N° 1. A Copy of the Constat annexed to a Warrant of the 12th Day of January 1697; importing a Grant of Lands, Tenements, and Hereditaments, Parcel of the Manor and Bailiwick of St. James, in the County of Middlesex.
All those Pieces or Parcels of Land situate, lying, and being, in or near the Parish of St. Ann within the Liberty of Westminster, heretofore accounted within the Parish or Parishes of St. Martin in the Fields, or St. Giles in the Fields, in the said County of Middlesex, or in one of them, anciently called or known by the Name of Kemp's field, and Bunche's-close, Coleman-hedge, or Colemanhedge-field, containing together, by Estimation, 22 Acres; and Doghouse-field, alias Brown's-close, containing, by Estimation, Five Acres and an Half, and were since more lately called or known by the Name or Names of Soho, or Soho-fields, in the said County; which Premises are now laid out into Streets, and other Places, with many Tenements and Buildings erected thereon; the chief of which are at present known and distinguished by the Names following; viz. King's-square, alias Soho-square, Greek-street, Church-street, Moor-street, Compton street, Frith-street, Charles-street, Sutton-street, Queen-street, Dean-street, King's-court, Faulconberg-court, Rose-street, North Side of King's-street, West Side of Crown-court, alias Hog-lane, South Side of the Road called Acton Road leading from St. Giles's towards Tyburne; the whole Ground aforesaid being limited and bounded as followeth; viz. By the said high Road leading towards Tyburne, on the North; By the said Lane or Street called Crownstreet, alias Hog lane, towards the East; By the said Street, or high Road, leading towards Piccadilly, called King'sstreet, over against the Land called the Military Ground, now also built upon, towards the South; and By the Backpart of Houses and Lands late in the Tenure of Sir Wm. Poultney Knight, deceased, or his Assigns, in a Street called Old Soho, alias Wardour-street, in Part, and by a Lane called Hedge-lane, now Princes-street, in other Part, towards the West: All which Pieces or Parcels of Land, with all and singular their Appurtenances, were, inter alia, granted the 17th Day of July, in the Year of our Lord 1672, by the late Queen-Mother Henrietta Maria's Trustees, by Directions or Warrants from his late Majesty King Charles the IId. to John Harvey Esquire, and Sir John Coell Knight, in Trust for the late Earl of St. Albans; to hold to the said John Harvey and Sir John Coell in Trust, as aforesaid, for and during, and unto the full End and Term of Three-and-thirty Years, to commence from the Feast of St. Michael the Archangel, in the Year of our Lord 1681; rendering therefore yearly, during the said Term, at the Feast of St. Michael the Archangel, the several Sums of 52 s. and 6 d. and Sixteen Shillings for the Price of a Sheep; in all, per Annum, 3 l. 8 s. 6 d. payable to the Receipt of the Exchequer, or to the Bailiff or Receiver of the Premises for the Time being: And the same were also further granted to the said Earl's Use, amongst divers other things, by Indenture under the Great Seal of England, bearing Date on or about the 10th Day of September, in the 26th Year of the Reign of the said late King Charles the IId, made, or mentioned to be made, between the said King's Majesty, of the First Part; the Right Honourable Henry Earl of St. Albans, John Harvey Esquire, and Sir John Coell Knight, of the Second Part; and Baptist May Esquire, of the Third Part; to hold for the Term of 20 Years, to commence from the Expiration of the former; which last Term will end at the Feast of St. Michael the Archangel 1734; reserving the same Rents of 52 s. 6 d. and 16 s. for the Price of a Sheep, payable in like manner as by the former Grant; together with all and singular Houses, Edifices, Buildings, Courts, Yards, Gardens, Lights, Easements, Cellars, Drains, Sewers, Ways, Waters, Watercourses. Conduits, Pipes, Stables, Stable-yards, and all other Commodities, Advantages, Emoluments, Hereditaments, Reversion and Reversions, Remainder and Remainders, Rents, Issues, and Profits, of the Premises before described, whether known by the Names aforesaid, or by whatsoever other Name or Names the same, or any Part or Parcel thereof, are now, or hereafter may be, called; with their and every of their Appurtenances val' in lxviii s. vi d.
Memorandum, There were 37 Years to come, at Michaelmas last, 1697, of the several Terms granted, as aforesaid, to the said late Earl of St. Albans' Trustees: The Value of the Premises hath been lately computed (exclusive of what is herein after-mentioned to be granted in Fee, or for long Terms) at or about 10,000 l. per Annum, considering Casualties and Decays, during the remaining Term; and the Reversion in Fee is valued at 25,000 l. continuing a Fee-farm Rent of 3 l. 8s. 6d.
This Constat is made by a special Order from the late Right Honourable the Lords Commissioners of his Majesty's Treasury, and in pursuance of his Majesty's Command, in order to a Grant of the Premises therein contained (except such Part thereof as shall be thought sit to be excepted), to be passed, under the Great Seal of England, unto the Right Honourable William Earl of Portland, or to such Person or Persons as he shall nominate, his or their Heirs and Assigns for ever, rendering to his Majesty, his Heirs and Successors, for the same, the Annual and Fee-farm Rent of 3 l. 8s. 6d. payable at the Feast of St. Michael the Archangel, or within 20 Days after, at the Receipt of the Exchequer, or to the Hands of the Receiver-General of the County of Middlesex for the Time being. A Clause is sit to be inserted, for entering the Grant with the Auditor, for charging the said Rent accordingly, and all such beneficial Clauses added as may make the same more firm, valid, and effectual, to the Grantee.
His Majesty King Charles the IId having, by Letters Patents under his Great Seal, bearing Date the 30th Day of May, in the 31th Year of his Reign, granted unto Thomas Lord Jermyn, and his Heirs, all that Piece or Parcel of the said Kemp's-field, or Bunche's-close, whereon the Fabrick of a Church, lately called the Greek Church (now or lately used by the French Protestants), and certain Alms-houses, are erected, together with the said Fabrick of a Church, and Alms-houses; which said Parcel of Ground last-mentioned is situate near the said Crown-street, alias Hog-lane; and contains on the West Side, from North to South, 97 Feet of Assize, little more or less; on the East Side thereof, 147 Feet; and from East to West, on the South Side, 145 Feet; and on the North Side thereof, 142 Feet; together with all Ways and Passages to the said Piece or Parcel of Ground belonging or appertaining, or therewith used; which Premises were granted, as aforesaid, to hold to the said Thomas Jermyn, his Heirs and Assigns for ever, to the Use of the Poor of the Parish of St. Martin's in the Fields; and therefore fit to be excepted.
This is a Grant by Letters Patents from his present Majesty, under the Great Seal, bearing Date the 5th Day of May 1697; made unto Thomas Pitt Esquire, of Part of the said Lands (included in the aforegoing Constat, but not in the Valuation), consisting of Two Pieces or Parcels of Ground, with divers Tenements thereon erected; the 1st Piece situate on the West Side of Dean-street aforesaid; and abutting Northward on the back Part of certain Houses in a small Court, called St. Ann's-court, in Depth there 165 Feet of Assize, little more or less; and thence extending Southward, fronting East on the said Street, in Length 580 Feet of Assize, or thereabouts; and in Depth, at the South End thereof, terminated by certain Gardens belonging to divers Tenements on the South Part of a Court, called Dean's-court, 130 Feet, or thereabouts; and is bounded on the West by the said Houses and Ground late belonging to Sir William Poultney, or his Assigns, in the said Street, called Old Soho, alias Warder-street; the other Piece situate on the East Side of the same Dean-street, containing in Front, Westward to the said Street, 100 Feet of Assize, or thereabouts; and being of unequal Depth, adjoining Eastward to several Yards belonging to the Houses of Richard Osburne, George Samms, * Wood, * Frost, or some of them; and abutting South on some Houses formerly demised to Matthew Frith by Richard Frith and William Pim, and North on other Ground of the said Wm. Pym; which last Premises were granted to the said Thomas Pitt for 99 Years, to commence from the Feast of St. Michael the Archangel, which shall be in the Year of our Lord 1734, (being computed to be the Expiration of the said several Leases made to the said Earl of St. Albans' Trustees); reserving the annual Rent of 13s. 4d. payable at the Receipt of Exchequer, or to the Hands of the Receiver-General of the County of Middlesex for the Time being, at Michaelmas only, as by the said Letters Patents may more fully appear.
Other Part of the said Premises, included also in the Boundaries mentioned in the Constat aforegoing, but not comprised within the said Valuation, consisting of all that Piece or Parcel of Ground abutting North on the said King'ssquare, alias Soho-square; and containing in Front, next the said Square, from East to West, 76 Feet of Assize, little more or less; and in Depth from North to South, as the same abutteth East on the House and Ground now or late of Garrett Weymand, and others, extending from the said Square to Queen-street aforesaid, 280 Feet of Assize, little more or less; and as the same abutteth West in Part on the House and Ground, now or late of Cardogan Thomas, 154 Feet of Assize, or thereabouts; in the other Part (the same jetting out in a strait Lane Westward 40 Feet) on the said Frith-street, 126 Feet of Assize, little more or less; together with the capital Messuage or Tenement, Messuages or Tenements, and all Out-houses, Stables, and other Edifices and Buildings thereupon erected and built, with all and every of their Appurtenances whatsoever; were, by several mesne-Conveyances or Assignments, under the said Earl of St. Albans' Grant, vested in the late Duke of Monmouth, for the greatest Part of the said Earl of St. Albans' Terms; and the said Duke forfeiting the same; his late Majesty King Charles the IId, the 28th of January 1684, made a new Grant thereof to Sir Stephen Fox, and Mr. Nicolas Fenn, for the remaining Term, in Trust for the Duchess of Monmouth, and other Uses, as by that Deed may appear; and another Lease thereof, was made the 30th of March 1688, to the said Duchess, for the Term of Twoand-fifty Years, to commence from the aforesaid Feast of St. Michael the Archangel, 1734.
The aforegoing Parcels, granted to Captain Pitt, being out of the Crown for 136 Years; and the other Part to the Duchess of Monmouth for about 89 Years to come; the Premises thereby leased were not now valued; nor are the same much worth, after the Expiration of those long Terms; and the small Rents of 13s. 4d. reserved on Mr. Pitt's, and 20s. on the said Duchess' Grants, will not become due to the Crown till after the Year 1734: It is therefore humbly submitted to his Majesty's good Pleasure, and the Judgment of the Right Honourable the Lords Commissioners of his Majesty's Treasury, whether both, or which, of these Parcels be excepted out of the intended Grant to my Lord Portland, or included therein.
Part of the said Kemps-field hath been, by Act of Parliament made in the 30th Year of the Reign of his late Majesty King Charles the IId, intituled, An Act for making the Part of the Parish of St. Martin's in the Fields a new Parish, to be called the Parish of St. Anne within the Liberty of Westminster, appropriated for ever to the Use of the said Parish, as followeth; viz. All that Parcel of Land, containing 233 Feet from East to West, a little more or less, and 184 Feet from North to South, a little more or less; abutting South on a Parcel of Ground, here under-mentioned, then designed, and since employed, for a Glebe in the aforesaid Street, called King'sstreet; and North upon a Parcel of Ground, then in the Possession of Mr. Richard Frith, since enjoyed as Backyards or Gardens to certain Houses fronting Comptonstreet aforesaid; West on the Street or Road going to Soho, now called Prince-street, and heretofore Hedge-lane; and East upon the Street aforesaid, called Dean-street; which is thereby declared to be for ever employed, separated, and used, for a Parish Church, and Cemetery, or Church-yard; and also all that Parcel of Ground, Part also of the said Kemp's-field, being the designed Glebeland aforesaid, in a Street called King's-street there, near unto the said Cemetery, or Church-yard of the said Church, containing from East to West 213 Feet, a little more or less; which last Parcel, is by the said Act, directed to belong to the Rector of the said Church, and his Successors, as of his or their Demesne, as of Fee, in the Right of the said Church; which several Parcels of Land, according to these Dimensions and Boundaries, I think are sit to be excepted out of the intended Grant.
This Grant is to pass, by his Majesty's special Command, in Consideration of certain defective Fee farm Rents conveyed to the said Earl of Portland, . . . the good, faithful, and acceptable Services performed to his Majesty by his Lordship, and the Rent beforementioned to be reserved, and made payable.
Exa' per Sa. Travers, Domini Regis Supervis. Gen.
N° II. A Copy of a LIST, directed in Letters to the Lords Justices of Ireland, of the 15th Day of September 1697, for granting several forfeited Lands and Estates specified therein, amounting to the clear yearly Value of Two thousand and One Pound Eighteen Shillings and Nine-pence Halfpeny; as followeth; viz.
Examined. James Bonnell, Register.
N° III. A Copy of a Schedule annexed to Letters of the Lords Justices of Ireland, of the 23d Day of April 1697, for granting unto Maurice Annesley Debts, Judgments, and Incumbrances, therein mentioned.
Discoveries made by Maurice Annesley Esquire, of Debts and Incumbrances on Lands, which by the Forfeitures and Rebellion of the Proprietors are now vested in his Majesty.
The first and last of the above Particulars are in Charge in the Rent-roll of Forfeitures for the Year, ending Lady-day 1696, as is above expressed. Certified this 14th of December 1695.
James Bonnell, Register to the Commissioners of Forfeitures.
The several Particulars, as above-mentioned, were discovered by Maurice Annesley Esquire; and his Majesty's Title found accordingly, by several Inquiries at Naas. Certified this 14th of December 1695.
Richard Darling, Solicitor to the Commissioners of Forfeitures.
16 December 1695. According to the Rate which we have agreed with Discoverers, the within named Maurice Annesley Esquire, ought to have the Fourth Part of the clear Profits accruing to his Majesty out of the within named Discovery
Grants from the Crown.
N° IV. A Copy of a Schedule mentioned in Letters to the Lords Justices of Ireland, of the 1st Day of December 1697, for demising to Tho. Cook several Lands forfeited to his Majesty; together with a Report of the Lords Justices, relating thereunto; as followeth, viz.
A Schedule, containing the several Denominations of Land held by Donogh O Bryon, with the Number of Acres, and Quit-rent.
Our very good Lords,
In Answer to your Lordships Letter to us, bearing Date the 13th of April last, concerning the Petition of Thomas Cook Merchant; we have considered the same: And, the better to inform ourselves of the Matter desired by the Petitioner, we referred the same to the Commissioners of his Majesty's Revenue, and Forfeitures; as also to his Majesty's Solicitor-General; whole Reports we herewith inclose; and most humbly submit the same to his Majesty's Royal Consideration, and good Pleasure. We are, our very good Lords,
Your Lordships most humble Servants,
The 27th May 1697.
Commissioners Revenues Report.
To their Excellencies the Lords Justices General, and General Governors, of Ireland.
May it please your Excellencies,
In Obedience to your Excellencies Order of Reference, dated the 29th April last, on the annexed Petition of Tho. Cooke Merchant, directing us to examine, and report to your Excellencies, the several Denominations of the Lands desired by the Petitioner, what the yearly Value of such Lands is, with what Incumbrances we find thereon, together with our Opinion what may fitly be done therein; we have considered the same, and annexed a Schedule, containing the several Denominations of the said Lands, the Number of Acres, and the Quit-rent payable out of the same: And we humbly report to your Excellencies, That we find the said Lands were held by Donnagh O Bryan, by a Lease under the Petitioner, for several Years yet to come, and unexpired: That the said Donnagh O Bryan is outlawed for High Treason, and his Right to the said Leafe thereby forfeited to his Majesty: That, on the Inquisition held in the County of Cork in 1694, his Majesty's Title to the said Forfeiture was found; but it doth not appear thereby, at what Rent the said Bryon held the same, nor what Number of Years are yet to come on the Lease. We find the full Yearly Value of the said Lands, for a Lease of 31 Years, to be 120 l. per Annum. We further humbly report to your Excellencies, That no other Proof hath been offered to us, either of the Number of Years of the said Lease, of the Rent payable, or of what Arrears are due thereon, save only Mr. Solicitor-General's Report to your Excellencies, and the Affidavit of Edward Yeomans thereto annexed: That by the said Report it appears, that the said Lease was for 89 Years from the Year 1636; that the yearly Rent, payable to Mr. Cook, is 60 l.; and that the Arrear, due at the 25th of March last, is 384 l. 17s. 6d. Upon the Whole, the said Lands being of the full yearly Value of 120 l. which is 60 l. per Annum over and above the reserved Rent, we value his Majesty's Interest therein, which, according to Mr. Solicitor-General's Report, appears to be for 28 Years, to be worth 150 l. over and above the said Arrear: And we value a Lease for 30 Years of the Premises, under the Rent of 10 l. per Annum, besides the Quit-rent (which is what is desired by the Petitioner), to be worth 10 l. per Annum more, clear, over and above all Arrears and Incumbrances. All which we humbly submit to your Excellencies Consideration, this 22th Day of May 1697.
To the Right Honourable the Lords Justices of his Majesty's Kingdom of Ireland.
Grants from the Crown.
In Obedience to your Lordships Order of Reference, dated the 29th Day of April 1697, to me directed, I have considered the Petition of Thomas Cook Merchant, referred to your Lordships by the Right Honourable the Lords Commissioners of his Majesty's Treasury in England; and do find, That the Petitioner is lawful Proprietor of the Lands of Dungillane, in the County of Cork, and Kingdom of Ireland, containing Four Ploughlands and an Half; and that most of the said Land is coarse and mountainous, but not unprofitable Ground. I further find, That, after the Petitioner had purchased the Inheritance of the said Land, there happened Contests and Suits, both in Law and Equity, between the Petitioner and one Dennis Bryen; who insisted, that a Lease of the said Four Ploughlands and Half was made by Dominick late Lord Viscount Sarsfeild of Kilmallock, then Owner of the said Lands, to Daniel O Bryan and John O Bryan, bearing Date in the Year 1636, for the Term of 89 Years, commencing some time in the Year 1636, at the yearly Rent of 60 l. payable at Michaelmas, and the 25th of March; to the Benefit and Remainder whereof he was intitled, as Administrator to the Survivor of the said joint Lessees; the Reality of which Lease the Petitioner for some time contested; but at length the said Bryan obtained a Decree in the High Court of Chancery in this Kingdom, to enjoy the said Lands, under the said Lease, during the Remainder of the said Term of 89 Years, paying the Rent thereon reserved, to the Petitioner, his Heirs and Assigns. I find by Certificate, bearing Date the 5th Day of May 1697, under the Hand of James Tisdall Esquire, Deputy-Clerk of the Crown of his Majesty's Court of King's-Bench, hereunto annexed, That the said Dennis O Bryen of Dungelane stands indicted, and outlawed, for High Treason by him committed against his present Majesty, since his Accession to the Crown; whereby his Right to the said Lease is forfeited to his Majesty: But I do not find, That the said Lands have yet been seized into his Majesty's Hands; or that any Inquisition hath been taken, finding the Forfeiture of the said Bryen, or his Majesty's Title to the said Lease. Edmund Yeomans Gentleman, in an Affidavit hereunto annexed, dated 12 April 1695, made in a Cause then depending in the Chancery between the Petitioner and the said Bryen, deposeth, That he verily believes, there was Seven Years Rent due, out of the said Lands, to the Petitioner, on the 25th Day of March 1695, by the said Dennis O Bryen, and that the Quit-rent thereof was also then in Arrear since 1688; there being at that time no Distress on the said Lands to take for the Quitrent, or Landlord's Rent. I am also informed, and believe it to be true, That the said Bryen hath not since that time paid any Part of the said Arrear of Rent, or of the Rent incurred since Lady-day 1695; but that the Petitioner, soon after that time, possessed himself of the said Lands, by virtue of a Custodiam, obtained from his Majesty's Court of Exchequer, upon an Outlawry in Debt, upon Bond, against the said Bryen, at the Suit of the Petitioner. I find, That Colonel James Mansergh is intitled to the Seventh Part of the said Rent of 60 l. reserved on the said Bryen's Lease, amounting to 8 l. 11 s. and 6d. yearly; so as Seven Years Rent, due to the Petitioner at Lady-day 1695, amounts to the Sum of 360 l. 3s. 0d.; out of which, deducting the usual Abatement of a Year and a Half's Rent for the War, amounting to 77 l. 3s. 6d.; there remained, payable by the said Bryen to the Petitioner, at Lady-day 1695, inclusive, 282 l. 19s. 6d.; which, with Two Years Rent more, become due at Lady-day last, amounting to 102 l. 18s. makes in the Whole, at the 25th Day of March last, inclusive, the Sum of 384 l. 17s. 6d. I am not able to give your Lordships Information of the Value of the said Lands, nor whether the said Arrear be worth more than the Purchase of the said Lease, or whether any Benefit can accrue to his Majesty's Revenue by the same: But, upon the whole Matter, am humbly of Opinion, That the said Lease is forfeited to his Majesty by the Outlawry of the said Bryen for Treason; and that it is in his Majesty's Power to make a Lease or Grant of the said Lands to the Petitioner, during the Remainder of the said Term of 89 Years; it not appearing to me, That the said Bryen is adjudged to be comprehended within, or intitled unto the Benefit of, any Articles; and though he should be, yet he is not restorable to the said Lease for Years by virtue thereof, unless by his Majesty's special Grace and Favour: But whether his Majesty will graciously please to grant the Petitioner's Request, by making him a Lease of the said Lands; and, if so, upon what Terms, and under what Rent; is fit, in my humble Opinion, to be wholly referred to his Majesty's Royal Will and Pleasure: All which is, nevertheless, humbly submitted to your Lordships Consideration, this 7th Day of May 1697.
N° V. A Copy of the Schedule specified in a Letter to the Lords Justices of Ireland, of the 15th Day of September 1697, for granting to the Marquis of Puissar, and his Heirs, several forfeited . . . . therein specified; viz.
Grants from the Crown.
Exth James Bonnell, Register.
N° VI. A Copy of the Warrant, mentioned in Letters to the Lords Justices of Ireland, of the 16th Day of April 1697, for granting to Thomas Raylton Esquire several Judgments forfeited to his Majesty in Ireland; viz.
Right Trusty and Right Well-beloved Cousins and Counsellors, and Right Trusty and Well-beloved Cousin and Counsellor, We greet you well. Whereas the Commissioners of our Treasury here have laid before Us a Report made to you, upon the Petition of William Wigg Esquire, for a Grant of certain Debts mentioned in a Schedule thereunto annexed; which you transmitted unto them; whereby it appears, That the said Debts are due by several Judgments, remaining of Record; and are found by Inquisition to be forfeited unto us by the several Persons under-mentioned; that is to say,
Grants from the Crown.
Our Will and Pleasure now is, and We do hereby direct, authorize, and command, That you forthwith cause good and effectual Letters Patents to be passed under the Great Seal of that our Kingdom, by and with the Advice of our Council learned in the Law there, or some of them, containing a good and effectual Grant from Us unto our Trusty and Well-beloved Tho. Railton Esquire, in Consideration of the many good and faithful Services by him performed unto Us, of all our Right, Title, Interest, and Benefit, of and in the afore-mentioned Judgments, and every of them, and of and in all the Debts, Interest, Sum and Sums of Money, whatsoever, due, and owing, or which ought to accrue, unto Us thereupon, respectively, by reason of the Attainders, Outlawries, or other Forfeitures, of the respective Persons for whom the same were entered up, as aforesaid, or for any other Matter, Cause, or Thing whatsoever, and which have not hitherto been answered to our Use; To hold to the said Thomas Railton, his Executors, Administrators, and Assigns, to the only Use and Behoof of him the said Thomas Railton, his Executors, Administrators, and Assigns, for ever, without any Account, or other Matter or Thing whatsoever, to be rendered or done unto Us, our Heirs or Successors, for the same, or any Part thereof: And you are to cause to be inserted in the said Grant full Power and Authority to and for the said Thomas Railton, his Executors, Administrators, or Assigns, to and for his and their only Use and Behoof, to ask, demand, prosecute, sue for, levy, and recover, the respective Sums owing unto Us, on the said Judgments afore-mentioned, or any of them, in his or their own Name or Names, or in the Name or Names of Us, our Heirs or Successors, and with the Aid of our Exchequer, in that our Kingdom, if need be; and to do all other Acts, Matters, and Things, which We, our Heirs or Successors, may, might, or could do, for the levying recovering, or receiving thereof, or for compounding, acquitting, or discharging the same; and all such other Powers, Clauses, and Provisoes, as shall be thought best, and most proper, for the Accomplishment of our Royal Intention herein before declared. And this shall be, as well to you, as to our Lieutenant, Deputy, or other chief Governor or Governors, of that our Kingdom, for the Time being, and to all others herein concerned, a sufficient Warrant. So We bid you very heartily farewell. Given at our Court at Kensington, the 16th Day of April 1697, in the 9th Year of our Reign.
By his Majesty's Command,
N° VII. An ACCOUNT of what Sums are found to have been paid unto Richard Kent, and Cha. Duncomb, Esquires, Cashiers of the Customs and Excise, for Interest of Monies lent by them, or either of them, from the Year 1670.
Grants from the Crown.
N° VIII. An ACCOUNT of what Money hath been issued to Mr. Burton and Mr. Knight, for Premiums and Rewards for advancing Money, and other Services, since the 1st Day of May 1695.
|3d April 1696||5,000||—||—||11,713||7||9|
|27 April 1697||750||—||—|
Ordered, That Candles be brought in.
And they were brought in accordingly;
Grant of Mr. Mountague.
A Debate arising in the House upon a Grant made to Mr. Railton, of some Recognizances, and other Securities, forfeited in Ireland, which the Honourable Charles Mountague Esquire, Chancellor of the Exchequer, and a Member of this House, owned to be for his Benefit;
The Question was put, That the said Mr. Mountague do withdraw.
The House divided.
The Yeas go forth.
|Tellers for the Yeas,||
Sir Thomas Dike:
|Tellers for the Noes,||
So it passed in the Negative.
Resolved, That it is the Opinion of this House, That the Honourable Charles Mountague Esquire, Chancellor of the Exchequer, for his good Services to this Government, does deserve his Majesty's Favour.
And then the House adjourned till To-morrow Morning, Ten a Clock.