Jovis, 25 die Julii; 1° Gulielmi et Mariæ.
Prayers.
Claims on Revenue.
A PETITION of Dame Goodetha Prise, Relict
of Sir Herbert Price, Baronet, Master of the
Houshold to his late Majesty King Charles the Second,
was read; setting forth, That the Petitioner was Maid
of Honour to the Queen Mother; and in lieu of a Marriage Portion, usually given to others, his Majesty King
Charles the First was graciously pleased, by his Letters
Patents, to grant to the Petitioner, and her Husband, and
the longest Liver of them, an Annuity of Four hundred
Pounds per Annum, payable Quarterly at the Exchequer:
That the Petitioner is now helpless and infirm, being
Eighty Years old, and hath nothing for herself and Family to subsist on, but her said Annuity; which if taken
away, they must be ruined: And praying a Continuance
of her Pension, during that short time she, in all Likelihood, can live.
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.
A Petition of Edmund Portmans was read; setting
forth, That the Petitioner did lend his late Majesty King
Charles the Second Twenty-two thousand Six hundred
and Four Pounds, which was secured to him by Three
several Tallies of Loan, upon the Fourth Quarter of the
Eighteen Months Tax granted to his Majesty in the
Twenty-fifth Year of his Reign: And the said Money,
with all Interest for the same, is still owing: And praying, when the Revenue Bill comes to be settled, that his
Case may be taken into Consideration.
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 committed.
Act against multiplying Gold and Silver.
Sir Walter Moyle reports from the Committee, to whom
the Bill for repealing the Statute of 5 Hen. IV. against
multiplying Gold and Silver, was referred, That the Committee had thought fit to make several Amendments to the
Bill: Which he read in his Place, with the Coherence;
and afterwards delivered the same in at the Clerk's Table;
Where the same were the first Time read throughout;
and afterwards, a Second time, one by one; and, upon
the Question severally put thereupon, agreed unto by the
House.
Ordered, That the Bill, so amended, be ingrossed.
Shirly's Estate.
Resolved, That the ingrossed Bill, sent down from the
Lords, intituled, An Act for enabling Hannah Shirly,
Widow, and Mary Batilhey, alias Shirley, her Daughter,
to settle and dispose of certain Lands and Tenements, in
the Counties of Middlesex and Essex, be now read.
The Bill was read the First time.
Resolved, That the Bill be read a Second time.
Supply Bill; Coffee, Tea, &c.
Resolved, That the Committee appointed to prepare
Reasons to be offered at a Conference with the Lords,
Why this House doth not agree to the Amendments proposed by the Lords to the Bill, for collecting the Duties
upon Coffee, Tea, and Chocolate, at the Custom House,
do withdraw, and sit, during the Sitting of the House.
Tanned Leather.
Resolved, That the ingrossed Bill, sent down from the
Lords, intituled, An Act for explaining Part of an Act
made in the First Year of King James the First, concerning Tanned Leather be now read.
The Bill was read the First time.
Resolved, That the Bill be read a Second Time.
Importing Iron Wire.
A Petition of divers Freemen of London, and other
Workers of Iron Wire, was read; setting forth, That
the said Commodity of Iron Wire hath been, and is, of
great and common Use in this Kingdom in several Trades,
as particularly by Braziers, Tin-plate Workers, Makers
of Boxes, Jack Chains, Bird Cages, Windows, Hooksand-eyes, and many other Trades; and many hundred
Persons have been bred up in preparing Iron Wire in
those and many other Trades, whereby they have comfortably maintained themselves and Families: That there
were several Quantities imported of that Commodity, till
of late Years upon Pretence of an old Statute in Edward
the Fourth's Time, the same has been seized as prohibited
Goods: That by reason of such Prohibition, and that
there is not near sufficient of the said Commodity made
in England, to satisfy for the several Uses it is to be employed in, there are many Families and Persons, who used
to work in the said Commodity, are gone to Decay, for
want of such wire to work on; and some of the Wire,
made here, is not fit to be used in several of the said
Works: And praying, That a Bill may be admitted to
be brought in, to give Leave for the said Wire to be imported.
Resolved, That the Petition do lie upon the Table.
Leave of Absence.
Ordered, That the Lord Willoughby of Eresby have
Leave to go into the Country, for Six Weeks.
Titus Oates.
A Petition of Titus Oates was read; setting forth, That
the Petitioner upon the Address of the honourable House
of Commons, in the Year 1678, had a Pension of Six
hundred and Twenty-four Pounds per Annum settled upon
him by the late King Charles the Second; and Sixty
Pounds per Annum allowed for his Lodgings; and Two
hundred Pounds per Annum for his Service to the King
and Kingdom, in discovering the horrid Popish Conspiracy; of which Pension he has been debarred these Eight
Years: That, for the said Discovery, the Petitioner hath
been imprisoned above these Five Years, and put in the
Pillory One-and-twenty Times, and whipped from Aldgate to Newgate, and from Newgate to Tyburne; and, by
reason of his long Imprisonment and great Sufferings, is
become very poor, and very much in Debt: And praying,
That he may be restored to his Pension.
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.
Leave of Absence.
Ordered, That Mr. Johnson have Leave to go into
the Country, for a Fortnight.
Claims on Revenue.
A Petition of John Danvers, Esquire, was read;
praying a Proviso, annexed to it, might be added to the
Bill for settling the Revenue: But was withdrawn for
That Reason.
A Petition of Henry Earl of Peterborow was read;
setting forth that the late King Charles the Second, by
his Letters Patents, dated the One-and-thirtieth Day of
March, in the Fifteenth Year of his Reign, in Consideration of the great Service of the Petitioner in possessing and settling the City, Fort, and Garison of Tangier
in Africa, did grant the Annuity or Pension of One
thousand Pounds per Annum, for the Petitioner's Life,
payable out of the Exchequer: And praying, that the
said Pension may be continued and paid, according to
the Tenor of the Letters Patents.
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 committed.
Collection of Customs, &c. after Death of Charles II.
Mr. Papillion reports from the Committee, to whom
it was referred to collect out of the Books and Proclamations touching the Customs and Excise, what they conceived necessary relating to the collecting the same, between the Death of King Charles the Second, and the Parliament which was held in the time of King James the
Second, That the Committee had done the same accordingly: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where
the same was read; and is as followeth:
Relating to the Customs, they find, That the Commissioners that appeared at the Custom-house to sit and act
for the collecting those Duties, from the Sixth Day of
February 1684, the Time of the Death of King Charles
the Second, to the Nineteenth Day of May, 1685, when
the Parliament called by King James the Second, met,
were as followeth; the Lord Cheny, Sir John Worden, Sir
Nich. Butler, Sir Dudly North, Sir John Buckworth, Mr.
Tho. Chudly, Mr. Wm. Dickenson:
That the Lord Cheny continued his Attendance to the
Two-and-twentieth Day of March, some few Days excepted:
That a Patent for establishing Commissioners came the
Third of March; and then Sir John Worden took his
place:
That Sir Dudly North's first Appearance at the Custom
House, as a Commissioner, was the Third of April; and
Mr. Tho. Chudlye's the Seventh of April:
That the other Commissioners continued the Whole
time, and constantly appeared, except only now-and-then,
a Day's Intermission.
That The Sixth February, 1684, a Proclamation for
the Continuance of Officers, notwithstanding the Death
of King Charles the Second, was published.
That, this Proclamation was, by the Commissioners of
the Customs, sent the Seventh of February to the several
Ports; and the Officers required to receive the Duties for
all Goods imported before his Majesty's Death.
That Sir Richard Temple signed these Letters with the
rest of the Commissioners; and also appeared at the Custom House the Ninth of February: But, by the Books, it
doth not appear that he came at any time after.
That the Tenth of February, Letters were sent signed
by Sir Nicolas Butler, Sir John Buckworth, and Mr.
Dickenson, to the Officers in the several Ports, with Proclamations for continuing the Collection of the Customs
and Subsidies.
That the said Proclamation is dated the Ninth of February.
Collection of Customs, &c. after Death of Charles II.
That in these Books there doth not appear what Contests were with any Merchants touching the Payment of
the Duties, nor what Presentments and Reports were
made to, or what Directions received from, the Lord
Treasurer; only the Seventh of April, there is Mention
made in the Minute Book, of Three Parcels of Crape;
and the Eighth of April, about Calves Skins at Hyth;
and the Thirteenth April, Orders given to prosecute the
Master of the Charity of Margett, for putting Goods on
Shore the Nine-and-twentieth and Thirtieth of March:
Also, in the Book of Abstract of Letters, it appears, that
the Twelfth of March, 1684, Letters were sent to the
several Ports, with Deputations to the Excise Officers to
seize Goods. These Letters were signed by the Lord
Cheny, Sir Nic. Butler, and Sir John Buckworth.
That the Twenty-fourth February, 1684, Letters,
signed by the Lord Cheny, Sir Nic. Butler, and Wm.
Dickenson, were sent to the Officers of the Customs in several Places, with Directions for the Choice of Parliament
Men; some of which Letters had a Postscript to order
the Officers to take Directions from the Duke of Albemarle, and the Earl of Bath: Another Letter, recommended Sir Robert Southwell for Penrin; and the rest
were in general Terms.
That the Fourteenth March 1684, Letters, signed by
Sir Nic. Butler, Sir John Worden, and Sir John Buckworth, were sent to the Officers in Kent, to assist for the
Choice of Sir Wm. Twisden, and Major Knatchbold.
That Mr. Fran. Miller informed the Committee, That
in less than Fourteen Days after the Death of King Charles
the Second, he went down to the Custom House, to discourse the Commissioners: He told them, He was not
free to pay the Customs, and had his Fears, what might
come hereafter: And Sir Nicolas Butler told him, That
it was Fears brought on the former Rebellion: That
there was about Four of the Commissioners present; he
doth not well remember their Names; but said, they
told him, He could not have up his Goods, but he must
pay the Customs.
That Mr. Nic. Cutler affirmed, That he remembered
Mr. Miller's Application to the Commissioners; and that
Sir Nic. Butler said, Fears and Jealousies were the first
Step to the last Rebellion.
That Mr. William Cockram said, That there was discourse amongst the Merchants concerning the Customs:
And that they appointed some of them to meet at the
Custom House: and that he, with Mr. Miller, and some
others, did meet, and went to the Commissioners: He remembered Sir John Buckworth, Sir Nic. Butler, and Mr.
Wm. Dickenson, were present: That the Commissioners
asked the Merchants, What Lawyers they had advised
with: To which the Merchants replied, They had not
advised with any Lawyers: Sir Nic. Butler replied, "We
know what you are;" and said, If they would dispute,
they were ready to dispute it: And Sir John Buckworth
said to them, "Do not dispute it, it must be paid."
And relating to the Excise, they find a printed Proclamation, dated the Sixteenth February, in the first Year
of King James the Second; setting forth, That whereas,
the Commissioners of Treasury, viz. The Lord Godolphin,
Sir John Ernly, Sir Stephen Fox, Sir Dudley North, and
Frederick Thynn, had for the better Improvement of the
Revenue of Excise, of 5 Februarii, contracted with Sir
Peter Apsley, Sir Benjamin Bathurst, and Ja. Grahme,
for the whole Duty of Excise for Three Years, from that
Day, at the Rent of Five hundred and Fifty thousand
Pounds, to be paid by Quarterly Payments; as also, that
his Majesty had been certified, by the Opinion of the
Judges, that the said Contract was valid in Law, and
had Continuance, during the said Three Years, as well
for that Part granted to Charles IId for Life, as the
other granted to him, his Heirs, and Successors, notwithstanding the Death of the said King: Therefore the said
Proclamation requires all Commissioners and Sub Commissioners of Excise, and all Officers to be aiding and assisting in the collecting and levying the said Duties, for
the said Terms of Three Years, &c.
A Copy of a Commission of King James the Second,
dated Eleventh March, in the first Year of his Reign,
to Sir Denny Asburnham, Baronet, Fra. Parrey, Esquire,
Charles Davenant, Doctor of Laws, John Freind, Felix
Calvert, Nathan' Hornbey, and Rich. Grahme, Esquire,
reciting the several Acts of Parliament for granting the
Excise, and the Contract made by the Lords Commissioners
of the Treasury with Sir Peter Apsley, Sir Benjamin Bathurst, and James Grahme, for Three Years, as before
expressed, doth nominate and appoint the said Sir Denny
Ashburnham, &c. to be chief Commissioners and Governors for Receipt of the Excise; to execute all Powers
made touching the collecting the said Duties, and to commissionate Officers in such Manner, as the Lord Treasurer, &c. by and with the Approbation of the said Sir Peter
Apsley, &c. should direct: and also to levy all Fines and
Forfeitures: The said Commission doth also impower the
said Persons to collect the Duty on Fire-hearths, &c.
A Copy of an Indenture made the Thirtieth March
1685, between Sir Peter Apsley, Sir Benj Bathurst, and
Ja. Grahme, on the one Part; and Sir Denny Ashburnham, Fran. Parry, Charles Davenant, John Friend, Felix
Calvert, Nathanael Hornbey, and Rich. Grahme, on the
other Part; reciting the several Acts of Excise, and the
Contracts above-mentioned: And then the said Sir Peter
Apsley, &c. constitute Sir Denny Ashburnham, &c. their
true and lawful Attornies; and depute them, in their
Names, to collect, levy, and receive, and cause to be
collected, levied, and received, all the Impositions, &c.;
and to apply the Money, first to the Payment of the Five
hundred and Fifty thousand Pounds to the King, then to
the Payment of all Salaries, and the Residue to them the
said Sir Peter Apsley, &c.: And Sir Denny Ashburnham,
&c. covenant to apply the Money accordingly.
Also a Copy of the King's Commission, dated Second
April, in the First Year of his Reign, constituting Robert
Spencer, Esquire, Charles Fanshaw, Esquire, Sir Paul
Neale, Knight, Geo. Dodington, Esquire, and Edward
Seymour, Esquire, to be Commissioners of Appeals.
That all the afore-mentioned Commissioners of the Excise, but Felix Calvert, subscribed a List of the Salaries
for the Quarter, beginning the Five-and-twentieth of December 1684, and ending Twenty-fifth March 1685; and
another List of Salaries, from 25 March, 1685, to the
Four-and-twentieth of June following, was signed by
Francis Parry, Charles Davenant, John Freind, and Nathanael Horneby: Both which Lists were presented to the
Lord Treasurer for his Allowance, as appears by the Copies of the said Lists, registered in the Excise Books presented to the House.
Resolved, That the Report do lie upon the Table, to
be considered when the Heads of Exceptions out of the
Bill of Indemnity shall come on again to be considered.
Supply Bill Coffee, Tea, &c.
Sir John Trevor reports from the Committee, appointed
to prepare Reasons to be offered at a Conference with the
Lords, why this House doth not agree with the Lords in
the Amendments by them proposed to be made to the
Bill for collecting the Duty upon Coffee, Tea, and Chocolate, at the Custom House, That the Committee had
prepared the same accordingly: and he read them in his
Place; and afterwards delivered the same in at the Clerk's
Table: Where the same were read; and agreed unto by
the House; and are as followeth; viz.
Reasons to be given to the Lords at a Conference
against their Amendments to the Bill for collecting
the Duties upon Coffee, Tea, and Chocolate, at the
Custom House.
1st. The Commons have always taken it for their undoubted Privilege (of which they have ever been jealous,
and tender,) That, in all Aids given to the King by the
Commons, the Rate, or Tax, ought not to be any way
altered by the Lords. The Amendment made by your
Lordships, being in point of Time, the Commons hope
your Lordships will not, at this Time, renew a Question
concerning the Method of granting Aids, which has
formerly, in Instances of like Nature, occasioned great
Debates; and which may now beget many Conferences,
spend much Time, and end in great Inconveniencies.
2. This Amendment, proposed by your Lordships,
makes the Bill incoherent: For both Houses having agreed,
That the Forfeitures should commence from the Twentieth of July, it will look strange, that the Forfeitures
should begin before the Duty is made payable.
3. Ships are now arriving daily with the Commodities
mentioned in the Bill; which will be a Loss to the King,
by putting the Commencement of the Duty so far off.
4. As to the Proviso, which your Lordships have sent
to the Commons, the Commons do disagree to it; and
for That do refer to their First Reason; the Proviso being,
an Alteration and Lessening of the Grant, made by the
Commons. And the Commons do, for these Reasons,
hope your Lordships will agree with them; and not revive old Disputes.
Conference desired with Lords.
Resolved, That a Conference be desired with the Lords
upon the Subject Matter of the said Amendments.
Ordered, That Mr. Pelham do go up to the Lords, to
desire the said Conference.
Claims on Revenue.
A Petition of Eliz. Elyott, Foster Sister to King Charles
the Second, was read; setting forth, That her late Husband Mr. Thomas Elyott, Groom of the Bed Chamber to
King Charles the Second, had spent the best Part of his
Life in his Majesty's and his Father's Service; and dying
left the Petitioner with Five Children, without maintenance: That his Majesty, taking her deplorable Condition into Consideration, with the said Services of her Husband and Father (who spent near Three thousand Pounds
per Annum in the Service of the Crown); and that the Petitioner had the Honour to be his Foster Sister, (her Mother
having been his said Majesty's Nurse); did, by his Letters
Patents, grant to her a Pension of Five hundred Pounds
per Annum for Life; which she enjoyed during his Majesty's Life: But when the late King James came to the
Crown, upon her refusing to turn Papist, though often
solicited by a Priest thereto, she was denied any Benefit
of her Patent; and hath received nothing, since his said
Majesty King Charles died, thereon: And praying that
some Provision may be made, for securing her said Pension, in the Bill for settling the Revenue, or otherwise as
the House shall think fit.
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.
Regulating Tryals.
A Message from the Lords, by Doctor Edisbury and
Mr. Meredeth;
Mr. Speaker, The Lords have commanded us to put
this House in mind of an Act for Regulation of Tryals.
And then the Messengers withdrew.
Conference with Lords.
Mr. Pelham acquaints the House, That he having,
according to their Order, been up to the Lords to desire
a Conference; they do agree to a present Conference, in
the Painted Chamber.
Resolved, That the Committee to whom it was referred
to prepare the Reasons for the said Conference, do manage
the Conference.
Then the Managers went to the Conference accordingly:
And being returned;
Mr. Hamden reports, from the Conference with the
Lords, That the Managers had attended the same; and
delivered their Reasons, why this House doth not agree
with the Lords in the Amendments to the said Bill.
Leave of Absence.
Ordered, That Mr. Preston have Leave to go into the
Country, for a Month.
Ordered, That Mr. Manaton have Leave to go into
the Country, for Five Weeks.
Supply Bill; settling Revenue.
Then the House resolved into a Committee of the whole
House, to consider of the Bill for settling the Revenue.
Mr. Speaker left the Chair.
Mr. Hamden took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Royal Assent to Bills.
A Message from his Majesty, by Sir Thomas Duppa,
Gentleman Usher of the Black Rod;
Mr. Speaker,
The King commands this honourable House to attend
His Majesty, immediately, in the House of Peers.
Accordingly Mr. Speaker, with the House, went up to
attend his Majesty.
And being returned;
Mr. Speaker acquaints the House, That his Majesty
had given the Royal Assent to several Bills; viz.
An Act for an additional Duty of Excise upon Beer,
Ale, and other Liquors.
An Act to regulate the Administration of the Oaths
required to be taken by Commission or Warrant Officers,
employed in their Majesties Service by Land, by Virtue
of an Act made this present Session of Parliament, intituled,
An Act for the abrogating the Oaths of Supremacy and
Allegiance, and appointing other Oaths.
An Act for taking away the Court holden before the
President and Marches of Wales.
An Act to vest, in the Two Universities, the Presentations of Benefices belonging to Papists.
An Act for erecting a Court of Conscience at Newcastle
upon Tyne.
An Act for erecting Courts of Consciences in the Cities
of Bristoll and Gloucester, and the Liberties thereof.
An Act for the better Regulating of the Salt-works in
Droitwich.
An Act to enable Thomas Chettle to sell Part of his
Estate, for Payment of his Debts, and making Provision
for his Wife and Children.
Supply Bill; settling Revenue.
Mr. Speaker left the Chair.
Mr. Hamden took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Hamden reports from the Committee of the whole
House, That they had made some Progress in the Bill for
settling the Revenue; and had agreed upon a Resolution,
which they had directed him to report to the House: And
he read the same in his Place; and afterwards delivered
the same in at the Clerk's Table: Where the same was
read; and is as followeth; viz.
Resolved, That it is the Opinion of this Committee,
That a Motion be made to the House, That a Committee
be appointed to prepare and bring in a Clause, That the
Duties, settled by the Book of Rates, now in being, shall
continue and be collected, until a new Book of Rates
shall be settled by the Commons in Parliament, and signed
by their Speaker, and no longer; and to Enact, That
the said new Book of Rates shall be settled between the
Space of Three Years, from the First Day of August,
which shall be in the Year of our Lord 1689.
The said Resolution being read a Second time;
Resolved, That the House doth agree with the Committee, That a Committee be appointed to prepare and
bring in a Clause, That the Duties settled by the Book of
Rates, now in being, shall continue and be collected until
a new Book of Rates shall be settled by the Commons in
Parliament, and signed by their Speaker, and no longer;
and to Enact, That the said new Book of Rates shall be
settled within the Space of Three Years, from the First Day
of August, which shall be in the Year of our Lord 1689.
And it is referred to Mr. Hamden, Sir William Williams,
Mr. Sacheverell, Mr. Finch, Mr. Attorney General, Sir
Hen. Capell, Mr. Solicitor General, Mr. Buscowen, Sir
John Trevor, Sir Wm. Ashurst, Mr. Grey, Colonel Birch,
Sir Tho. Lee, Sir Patience Ward, or any Three of them:
And they are to meet this Afternoon at Five of the Clock
in the Speaker's Chamber.
Then Mr. Hamden also acquainted the House, That he
had Direction from the Committee to move the House,
That they may sit again To-morrow Morning at Ten of
the Clock.
Resolved, That this House do, To-morrow Morning,
at Ten of the Clock, resolve itself into a Committee of the
whole House to proceed in the further Consideration of
the Bill for settling the Revenue.
A Petition of the Duchess of Buccleug, was read; setting forth, That the late King Charles obliged himself to
lay out Forty thousand Pounds Sterling, as a Purchase for
Land, in Consideration of a Marriage he proposed between
the Petitioner and the late Duke of Monmouth; but his
Affairs not permitting him to lay out so great a Sum, he,
by Two Letters Patents, dated Twenty-second February
1664, and Eighteenth June 1673, did grant to the Duke
Two Pensions, amounting to Eight thousand Pounds per
Annum, and a Jointure of Four thousand Pounds per Annum
to the Petitioner, payable out of the Excise: And praying a Confirmation of such her Jointure.
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.
And then the House adjourned till To-morrow
Morning, Nine of the Clock.