Veneris, 19 die Julii; 1° Gulielmi et Mariæ.
Servants of Charles II.
A PETITION of the surviving Servants of the late
King Charles the Second, and in Behalf of the Widows and Orphans of such of the Servants as are deceased,
was read; setting forth, That at the said King's Death,
there was a great Debt owing to the Servants of his Family
and Houshold; to wit, for Arrears of Fees, Salaries, and
Wages, payable not only at the Exchequer, but in divers
publick Offices, for Riding Charges, Lodgings out of
Court, Provisions, Disbursements, and other Services, due
by Bills or Warrants payable in the Office of Treasurer
of the Chamber, for Board-wages, Horse-hire, Horse-liveries; for Liveries in Monies and other Provisions in the
great Wardrobe; for Wages in the Offices of Works; and
for the Salaries of Yeomen Warders in the Tower of
London: That the said Servants, at the said King's Death,
were recommended by him for Payment, to the Care of
the late King James the Second: To whom they addressed
for Relief: And he recommended their Case, and the Care
of their Payment, to the late King James: Who passed
an Act, wherein was granted an Imposition on Tobacco
and Sugars, from Midsummer 1685 to Midsummer 1693;
and therein was a special Provision made for Payment of
the Servants said Debt: Which Imposition, in the First
Three Years and a Quarter, ended last Michaelmas, produce in neat Money Five hundred Three thousand Seven
hundred Ninety-seven Pounds Twelve Shillings and Fourpence Halfpeny, being from thence to endure for Four
Years and Three Quarters longer: That, by King James'
Direction, an Account was made up, wherein several of the
Servants Debts were omitted, and others much retrenched; viz. The Sums due to the Widows and Orphans of
such Servants as died before the Sixth February 1684,
were wholly cast out, and referred to a subsequent Account, hitherto delayed: The Arrears of those that quitted, or were dismissed, their Services or Employments,
before the said Sixth Day of February 1684, were not
considered at all: Likewise the Monies, due by Bills,
signed by the Lord Chamberlain, Lords of the Privy
Council, or others, were laid aside in the said Account,
and remain still without any Satisfaction: And as to the
Arrears of Fees, Salaries, &c. and other constant Allowances in Money, which were due to the surviving Servants, they were paid only as followeth; viz. Where the
Salary or Allowance did not exceed Twelve-pence per
Diem, the full Arrear was satisfied; but where the same
did exceed Twelve-pence per Diem, so much of the Arrear only as became due at or before Midsummer 1679,
was computed and paid, with a Third Part of what became due between Midsummer 1679, and Christmas 1684;
retrenching the other Two Thirds of what became due
within the Compass of that Time, being Five Years and a
half; whereby the said Provision in the Act is prevented;
and the Petitioners deprived of their just Debts: And
for that the Monies hitherto applied towards the Payment of the Debts and Arrears, out of the said Imposition, hath not exceeded Three hundred thousand Pounds,
or thereabouts; and for that the said Act hath already
afforded, in Money and Loans, above Four hundred
thousand Pounds, towards the Stores of the Navy, and
other publick Uses; and for that the Remainder of the
said Imposition, modestly computed, will afford near
Eighty thousand Pounds more, before its Expiration; of
which, the Debt still due to the said Servants does not
amount to One Fourth Part: And praying the Consideration of the House, That the Monies remaining due, of
the Debts above enumerated, either because omitted in
the said former Account, or by reason of the Retrenchments of Two Thirds, may be paid out of the said Imposition, before the Expiration thereof.
Ordered, That the Consideration of the said Petition
be referred to the Committee of the whole House, to
whom the Bill for settling the Revenue is referred.
Preventing Export of Wool.
Resolved, That the House do now proceed in the
Consideration of the Report, made from the Committee
to whom the Bill for preventing the Exportation of Wool,
And the Amendments, agreed upon at the Committee,
were all read over the First time throughout; and afterwards, a Second time, one by one; and, upon the Question
severally put thereupon, were agreed unto by the House.
A Clause was offered to be made Part of the Bill, That
any Person may buy any Cloth, Stuff, Stockings, or any
other Woollen Manufacture; and export the same beyond
Sea freely, and without Molestation, paying the usual
Customs: Which was twice read; and, upon the Question put thereupon, agreed unto by the House, to be
made Part of the Bill.
Ordered, That the Bill so amended, be ingrossed.
Reversing Judgments against Oates.
Ordered, That Mr. Attorney General and Sir John
Trevor, be added to the Committee to whom it was referred to prepare Reasons for a Conference upon the Bill
for reversing the Judgments against Mr. Oates.
Leave of Absence.
Ordered, That Mr. Weld have Leave to go into the
Country, for Three Weeks.
Ordered, That Mr. Henry Manaton have Leave to go
into the Country, for a Month.
Answer to Address.
Colonel Birch acquaints the House, That the Members of the House, who are of his Majesty's Privy
Council, and He, had attended his Majesty with the
Address of this House, That the Duchess of Mazarine
may be removed out of his Majesty's Dominions: And
that his Majesty was pleased to say, That he would
consider of it; and return an Answer.
Resolutions against Sir F. Pemberton, &c. for Judgments given against Topham.
The House being acquainted, that Sir Francis Pemberton and Sir Thomas Jones, attended at the Door, according to their Order;
They were severally called in; and asked, What were
the Reasons for over-ruling the Plea of Serjeant Topham
to the Jurisdiction of the Court of King's Bench, to the
Action brought against him by one Jay: And they severally gave an Account thereof accordingly. And, being
further severally asked, Whether they gave their Reasons, when they gave the Judgment; They said, That
they did not; being not desired so to do; and the Case
being not argued, nor any Motion made in the Arrest of
And then they withdrew.
Resolved, That Sir Francis Pemberton giving Judgment to over-rule the Plea to the Jurisdiction of the
Court of King's Bench, in the Case between Jay and
Topham, has broken the Privileges of this House.
Resolved, That Sir Thomas Jones giving Judgment to
over-rule the Plea to the Jurisdiction of the Court of
King's Bench, in the Case between Jay and Topham, has
broken the Privileges of this House.
Ordered, That Sir Francis Pemberton be taken into
Custody of the Serjeant at Arms attending this House,
for his Breach of the Privileges of this House in giving
Judgment to over-rule the Plea to the Jurisdiction of
the Court of King's Bench, in the Case between Jay and
Ordered, That Sir Thomas Jones be taken into Custody of the Serjeant at Arms attending this House, for
his Breach of the Privileges of this House, in giving
Judgment to over-rule the Plea to the Jurisdiction of the
Court of King's Bench, in the Case between Jay and
Lords agree to Conference.
Then the Lord Colchester went up to the Lords, to
desire a free Conference, according to the Order of
The Lord Colchester acquaints the House, That he
having been, according to their Order, up with the
Lords, to desire a free Conference; the Lords do agree
thereunto; and do appoint it to be To-morrow at Twelve
of the Clock, in the Painted Chamber.
Reversing Judgment against Sir W. Williams.
Ordered, That the Bill for reversing the Judgment in
the Court of King's Bench, upon an Information against
Sir Wm. Williams, and asserting the Rights and Freedoms of Parliament, be read a Second time on Monday
Morning next, at Ten of the Clock; and nothing to intervene; And that Sir Robert Sawyer do then attend in
Ordered, That all Committees be revived; and do sit
Then the Question was put, That the House do now
adjourn till To-morrow Morning.
The House divided.
The Noes go forth.
|Tellers for the Yeas,
|Tellers for the Noes,
||Sir Ralph Dutton,
|Mr. Leveson Gowre,
And so it was resolved in the Affirmative.
And then the House adjourned till To-morrow
Morning, Eight a Clock.