THE CASE OF ROBERT CECILL, Esq UPON The BILL for the Limiting the Power of his Brother JAMES EARL of SALISBƲRY to Cut of the Jntaile of his ESTATE.
THAT upon his Father's Marriage with the Lady Margaret Mannors, his Grandfather, William Earl of Salisbury, by Lease, and Release, did settle several Castles, Lordships, Mannors, Tenements, and Hereditaments, to the value of about 8000 l. per Annum, (after some particular Estates since spent,) to the use of the first, and all, and every other Son and Sons of the said Father, on the Body of the said Lady Margaret begotten, and their Heirs Males successively, in Tail Male, with several Remainders over.
That his Father had Issue by the said Lady Margaret, James now Earl of Salisbury, himself, and three other Sons, inheritable to the said Estate successively.
That the Present Earl in the time of the late King James II. (notwithstanding his being descended of a Protestant Family) became a Papist, and Zealously engaged in the Popish Interest; and having no Issue did then Suffer a Common Recovery of Lands to the Value of 40000 l. of the said Estate, and thereby barred the Remainder thereof; and the said Earl, persisting in his Zeal to that party, doth intend to suffer a Common Recovery of the Residue of the said Estate; whereby the said Robert Cecill who is a Protestant, and Zealous for the present Government will be barred of the Remainder, and my Lord impowred to settle it upon some Person of his own Religion.
The Design of the said Bill is therefore to prevent the destroying of the Remainder of the said Estate, and restrain the present Earl from Voluntary Waste, allowing him Liberty to provide for younger Children if he should have any; and to make a Jointure to any Wife that he should marry, andall other necessary Priveledges and Provisions for the Support and Improvement of the Estate, and to preserve the Right of the younger Children of the late Earl, or any Creditors of the said Earl, or Legatees of his Will,
l. | s. | d. | |
My Lord hath Fee Simple Lands, which descended from his Father, per Annum | 1611 | 00 | 00 |
Lands of which he hath suffered a Common Recovery, and are now Fee Simple, are per Annum | 1377 | 00 | 00 |
The Reversion in Fee, after the death of a Great Aunt, per Annum | 350 | 00 | 00 |
The Reversion of the Ninety Years Trust, for the payment of his Father's Debts, Legacies, and younger Children's Portions, being per Annum 2700 l. may be valued at | 5000 | 00 | 00 |
Part of the Estate of which my Lord hath suffered a Common Recovery, is the New Exchange, which are small Rents upon Leases for Years; the Fines of which, when they were last renewed, came to 14000 l. Most of these Leases will expire in Eighteen Years, and all in Twenty. | |||
The present Incumbrances upon these Estates are, by Mortgage | 10000 | 00 | 00 |
Debts upon simple Contract, as my Lord's Agent hath alledged | 7000 | 00 | 00 |
Notwithstanding which, my Lord will have a Fee Simple Estate, to dispose of as he pleases, to the value of above | 60000 | 00 | 00 |
My Lord's present Revenue in Fee Simple Lands in Possession is, per Annum, | 2988 | 00 | 00 |
The Intail'd Estate in Possession is, per Annum, | 2000 | 00 | 00 |
My Lady's Estate in Possession is, per Annum | 2000 | 00 | 00 |
In all, per Annum, | 6988 | 00 | 00 |
The Ten Years Trust for payment of Portions and Annuities; of which, Seven Years and an half are expired | 3500 | 00 | 00 |
His Great Aunt's Jointure | 350 | 00 | 00 |
His Share of my Lady Salisbury's Mother's Jointure | 1000 | 00 | 00 |
Which, in less than Three Years time, will be a certain Revenue of | 10488 | 00 | 00 |
Besides the Expectation of the Jointures. | |||
Of which, the Remainder that Mr Cecill hopes to preserve, is, per Annum, but | 5500 | 00 | 00 |
And if he should be Earl of Salisbury, will come to him thus incumbred. | |||
Annuities granted by his Father per Annum | 950 | 00 | 00 |
Hatfield-House, Gardens, and Parks, which are accounted 1000 l. per Annum, do not bring in more Profit, than what will keep them in Repair. | |||
The present Lady Salisbury, or any other Wife, will have a Jointure per Annum | 1500 | 00 | 00 |
The Revenue which will remain to Mr. Cecill, after these Deductions, will be | 2100 | 00 | 00 |
Which, if my Lord hath younger Children, he hath power to charge with 5000 l. Portion to each. |
If it be objected, That the late Lord Salisbury left great Debts, and that the present Lord is disabled by this Bill to pay them.
It is answered, That my Lord is not in the least concernedin the payment of his Fathers Debts, there being two Trustees created by the late Lord for the discharge of them which are confirmed by this Bill.