House of Lords Journal Volume 16: 31 January 1699

DIE Martis, 13 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barailleau & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Barailleau and others."

Fitch versus Attorney General and Commissioners of the Navy.

Whereas Friday next was appointed for hearing of the Cause wherein John Fitch is Appellant, and His Majesty's Attorney General and Commissioners of the Navy are Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Sixth Day of February next, at Eleven of the Clock in the Forenoon.

Report of Reasons for adhering to Amendments to the Bill for preventing the Exportation of Corn, Malt, &c.

The Earl of Rochester reported from the Lords Committees appointed to draw what shall be offered, at a Conference with the House of Commons, for their Lordships insisting on their Amendments made to the Bill, intituled, "An Act to prohibit the Exportation of any Corn, Malt, Meal, Flour, Bread, Biscuit, or Starch, for One Year, from the Twentieth Day of January, One Thousand Six Hundred Ninetyeight."

Then the Reasons drawn by the Committee were read, and agreed to, as follow; (videlicet,)

"The Lords do not insist on their Amendments in the 11th and 12 L. of the 4th Skin.

"The Lords insist on their Amendments in the 5th, 10th, 14th, and 23d L. of the 4th Skin.

"And ground their Reasons for so doing chiefly on a Matter of Fact; which if they are misinformed in, they shall be ready to agree with the Commons: And the Matter of Fact is this, That there hath no Provision of Corn, Malt, or Meal, of late Years been carried out of England, for any of the Plantations in America; some small Quantity of the finest Flour for the principal Persons residing there hath been sometimes transported from hence; but not for the Use of the Inhabitants in general.

"And that all those Plantations have for some Time past, and now do, and will furnish themselves hereafter, with all these Commodities, from New England or Pensilvania, because they are to be had always cheaper from those Parts than from hence; so that, if this Fact be true, the allowing Leave for Corn to be carried from hence will not obviate the Inconveniencies mentioned in the Reasons given by the Commons; (videlicet,) That it would be of dangerous Consequence to accustom the Southern Islands in America to draw such Provisions from New England, Pensilvania, and other Parts on the Continent; for those in the Plantations, unless they are strictly prohibited to fetch them from New England, which this Act does not intend, will in all Probability have them from those Places where they can be supplied the cheapest. So then, if this Matter of Fact be true, which their Lordships have taken the best Means they could to be informed of, they cannot but think it may be of great Use, in such a Year as it is apprehended this may prove, for great Scarcity of Corn, to leave as few Doors open as is possible for the Transportation of any, and especially not to allow of a Licence to carry any to the Plantations; which seems to them, if the Matter of Fact here alledged be true, to be a Means for the carrying it to other Places, on the Pretence that it is designed for the Plantations.

"As to the other Amendment in Question, in the 30th Line of the 5th Skin:

"The Lords agree, that the Proviso sent up in the Bill from the House of Commons is more proper to prevent Disputes betwixt the People and the Customhouse Officers, than the Clause prepared by their Lordships, if that were the only Thing to be taken care of: But the Lords do not observe, that the Proviso in the Bill takes any Care to hinder the People, under Pretext of carrying Corn to the Market in Boats, to carry it directly on Shipboard for Exportation; and they conceive their own Clause is much more proper to prevent any ill Practice of that Sort. Upon the whole Matter, the House of Lords being of Opinion, that the Bill to which these Amendments relate is very seasonable and necessary; their Lordships are desirous to make it as strong and effectual for the Ends designed by it as is possible; and for these Reasons, the Lords think fit to insist upon these Amendments."

Message to H. C. for another Conference about it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Hoskyns:

To desire a present Conference, upon the Subjectmatter of the last Conference, relating to the Bill, intituled, "An Act to prohibit the Exportation of any Corn, Malt, Meal, Flour, Bread, Biscuit, or Starch, for One Year, from the Twentieth Day of January, One Thousand Six Hundred Ninety-eight."

Oldbury versus Wynne:

After hearing Counsel this Day, at the Bar, upon the Petition and Appeal of John Oldbury, of London, Merchant, from a Decree made in the Court of Chancery, the First of June One Thousand Six Hundred Ninetyeight, and the Confirmation thereof on the Fourteenth Day of November last, and subsequent Orders made on the Behalf of Owen Wynne; as also upon the Answer of the said Owen Wynne put in thereunto:

Judgement affirmed.

After due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Oldbury shall be, and is hereby, dismissed this House; and that the Decrees and Orders complained of in the Appeal shall be, and they are hereby, affirmed.

Answer from H. C.

The Messengers sent to the House of Commons return Answer:

That the Commons will give a Conference, as desired.

Conference on the Bill to prevent the Exportation of Corn, &c.

Then the Commons being come to the Conference, the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Rochester reported, "That they had delivered the Reasons to the Commons, as commanded."

Supply Bill, for disbanding the Army.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, for disbanding the Army, and other necessary Occasions."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) primum diem Februarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.