House of Lords Journal Volume 17: 1 February 1704

DIE Martis, 1 Februarii.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

PRAYERS.

Pitfield & al. versus Packer's Bill.

Upon reading the Petition of Alexander Pitfeild and Nicholas Goodwin; shewing, "That they are, amongst others, considerable Creditors of Philip Packer Esquire, by Mortgages and Judgement;" and praying, "That they may be heard, by their Counsel, before the passing of the Bill, intituled, An Act for making some Provision for, and settling the Fortune of, Anne Packer, in Trustees, for the Purposes therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, as desired, before the Lords Committees appointed to consider of the said Bill, on Friday the Fourth Day of this Instant February, at Ten a Clock in the Forenoon.

Sir C. Ingleby to attend, about Fermer's Bill.

Upon reading the Petition of Mary Fermer Widow; shewing, "She hath a Bill depending in this House, to set aside a voluntary Settlement made by the Petitioner, of the Manors of Mersham and Pett, and other Lands, in the County of Sussex; which Settlement being by Lease and Release, dated the Fifteenth and Sixteenth Days of November One Thousand Six Hundred Ninety-four, and in the Hands of Sir Charles Ingleby, who refuses to attend therewith the Lords Committees to whom the said Bill stands referred:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Charles Ingleby, and also Mr. John Jenkinson, do attend the Lords Committees appointed to consider of the said Bill, on Wednesday the Second Day of this Instant February, at Nine a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and that the said Deeds of Lease and Release be then produced by the said (fn. 1) Charles Ingleby.

Savage versus Humble.

Upon reading the Petition of Diana Savage; praying, "some Alterations in the Order of this House, of the Five and Twentieth Day of January last past, upon reading her Appeal in this House; and that the Service of the Respondent's Clerks or Solicitors in Chancery may be good Service, in order to their answering thereunto; and that the Time may be enlarged for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of this House shall be altered, by the Addition of these Words, ["or such of their Representatives as are proper to be brought before this House, in order to the Petitioner's Relief;"] and that their Answers shall be put in, to the said Appeal, on Tuesday the Eighth Day of this Instant February, at Ten a Clock in the Forenoon; and the Service of this Order on the Respondent's Clerks or Solicitors in Chancery shall be deemed good Service, in order thereunto.

Barrington versus Harnage.

Upon reading the Petition of Mary Barrington, Respondent to the Appeal of Richard Harnage; praying, That a Day may be appointed, for hearing of the said Appeal:"

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 the Seventeenth Day of this Instant February, at Ten a Clock in the Forenoon.

Chamberlaine, Leave to withdraw her Appeal.

The House being moved, "That Dame Margaret Chamberlaine may have Leave to withdraw her Appeal, brought into this House the Twentieth of December last pass, to which the Countess Dowager of Abingdon and Sir Robert Dashwood have put in their Answers the Seventeenth Day of January last pass:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Margaret Chamberlaine hath hereby Leave given to withdraw her Appeal, as desired; and that the Answer put in to the said Appeal be also withdrawn.

D. Hamilton versus L. Mohun.

Upon reading the Petition of the Duke and Dutchess of Hamilton, against some Part of the Judgement of this House, on the Behalf of Charles Lord Mohun:

It is ORDERED, That the said Petition be rejected; and that the Blank in the Draught of the said Judgement be filled up with the ["First Day of February One Thousand Seven Hundred and Four."]

Thanks to Bp. St. Asaph, for his Sermon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be, and are hereby, given to the Lord Bishop of St. Asaph, for his Sermon preached before this House, in the Abbey Church at Westminster, Yesterday; and he is hereby desired to print and publish the same.

Sir R. Kemp's Bill.

The Earl of Manchester reported from the Lords Committees, the Bill, intituled, "An Act for vesting Lands in Essex, devised by Sir Robert Kemp Knight, deceased, to the Children and Grandchildren of Elizabeth Outlaw, One of his Sisters and Coheirs, in Trustees, to be sold, for the Benefit of the Devisees," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Lands in Essex, devised by Sir Robert Kemp Knight, deceased, to the Children and Grandchildren of Elizabeth Outlaw, One of his Sisters and Coheirs, in Trustees, to be sold, for the Benefit of the Devisees."

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

It was Resolved in the Affirmative.

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

Commissioners of Accompts, Army.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners, appointed to state the Accompts of the Army, do lay their Accompts before this House To-morrow, at Ten a Clock in the Forenoon.

Papers delivered concerning Scotch Conspiracy:

The Earl of Nottingham delivered several Papers and Letters, relating to the Scotch Conspiracy.

Which were ordered to be sealed up, with the other Papers relating to that Matter.

Then the Lord Steward reported Her Majesty's Answers to the Addresses agreed to by this House on Saturday last; (videlicet,)

Queen's Answer to Address about them; and the Prosecution against Boucher.

"1. Her Majesty having so lately acquainted you, that She had communicated to you all the Particulars relating to the Design against Scotland, which could yet be made public, without Prejudice to the Service; Her Majesty did not expect to be pressed upon that Matter, before it was scarcely possible that the State of it could be altered: And Her Majesty makes no Doubt but, before the End of the Session, there will be a proper Time to communicate that which can't now be made public without great Inconvenience.

2. Her Majesty hath long since directed a Prosecution against Boucher, and very lately examined what Steps have been made in that Matter; and Her Majesty finds, if there has been any Delay in the bringing of Boucher to his Trial, it has been occasioned only by the great Difficulty and Backwardness of several Persons to give Evidence in Matters of Fact, the Truth of which they cannot but know."

Frampton's Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for the better vesting in Giles Frampton Esquire the Manor and Farm of Moorton, alias Moreton, and Hurst, in the County of Dorset, in Possession; and for the better securing the same, and the other Manors, Farms, Messuages, Lands, Tenements, and Hereditaments, late of William Frampton Esquire, deceased, to him the said Giles Frampton, and such as are entitled in Remainder after him, upon the Death of Tregonwell Frampton Esquire," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed; with the said Amendments.

State of the Fleet; and Papers concerning it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Royal Highness Prince George of Denmarke, Lord High Admiral of England, be, and he is hereby, desired to lay, or cause to be laid, before this House, the following Accompts, in Writing, on or before Monday the Seventh Day of this Instant February; at Eleven a Clock in the Forenoon; (videlicet,)

1. "A List of all Her Majesty's Ships in Sea Service, with their State and Complements, the 1st of November last."

2. "A List of the same, as it stands this Day."

3. "An Account of the present State of the Repair of the Navy in Harbour; with what Number of Ships, from the First to the Fifth Rate, they have Boatswain and Carpenters Stores for Eight Months."

4. "How they have made the Distribution of Victuals, according to the Declaration of this Year, in the several Ports."

5. "A Copy of the Memorial presented to His late Majesty about the 1st November 1699."

6. "Admiral Greydon's Orders and Instructions from the Admiralty, with the Numbers of Ships, Rates, and Complements, under his Command, on his Expedition to The West Indias."

7. "Sir Cloudesly Shovell's Orders and Instructions for his late Expedition to The Streights, with the Number of the Ships, Rates, and Complements, under his Command."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Clarke and others:

Who brought up a Bill, intituled, "An Act for the Increase of Seamen, and better Encouragement of Navigation, and Security of the Coal Trade;" to which they desire the Concurrence of this House.

Seamen, for Increase of, and Coal Trade, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Increase of Seamen, and better Encouragement of Navigation, and Security of the Coal Trade."

Message from H. C. to return L. Carteret's Bill.

A Message was brought from the House of Commons, by Sir Cyrill Wyche and others:

To return the Bill, intituled, "An Act for vesting several Estates, in the Counties of Cornwal and Devon, and several Leasehold Estates, in Trustees, to be sold, for raising Portions for the Younger Children of George Lord Carteret deceased; and for laying out the Overplus of the Money, raised by such Sales, in Purchase of other Lands;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Worcester Work-house, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting a Work-house in the City of Worcester, and for setting the Poor on Work there."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday the Fifth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir C. Bickerstaff's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Estates of Sir Charles Bickerstaffe Knight in Trustees, to be sold, for Payment of Debts, and making Provision for his Wife and Daughter."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named; who are to meet on Wednesday the Fifteenth Day of this Instant February, at the Time and Place aforesaid.

Gresham College, &c. Bill.

The Lord Sommers reported from the Lords Committees, appointed to consider the Allegations in the Preamble of the Bill, intituled, "An Act for better enabling the Mayor, Commonalty, and Citizens of London, and the Wardens and Commonalty of the Mystery of Mercers of the said City of London, and the Lecturers of Gresham Colledge, in the said City, to pay the Charities given by the last Will and Testament of Sir Thomas Gresham;" (videlicet,)

"That, on Perusal of the Books of Accompts produced by the Mercers Company, their Lordships find, that the several Sums alledged by them to be borrowed (amounting in the Whole to upwards of Sixty Thousand Pounds) are entered in the said Books, as borrowed upon the Accompt of Gresham Colledge, for re-building The Royal Exchange; and that, by the said Books, at Midsummer One Thousand Seven Hundred and Two, the Gresham Accompt is Debtor to the Mercers Company Sixty-three Thousand Four Hundred Seventy-four Pounds.

Their Lordships also find, by the said Books, that there was an Estimate given in by Mr. Hook, who was One of the City Surveyors appointed for that Purpose, "That the Expence of re-building the said Exchange, after the Manner it was built before, would be between Four and Five Thousand Pounds, if it were all to be of new Materials; but the old Materials (of which an Estimate could not be then made, the Whole lying in Ruin, though he thought them considerable) would lessen that Charge:" But the Committee of the Mercers Company and the Committee of the City agreed to other Models, and joined in building the said Exchange as it now is.

"The Chamberlain of the City of London has produced to their Lordships an Accompt of the whole Money which came in by the Duty on Coals; and affirms, that no Part of that Money was applied to the re-building the said Exchange; but says, "That a Sum, equal to that advanced by the Mercers Company, was advanced by the City, for re-building The Exchange, out of the Revenues of the City;" but he says, it cannot be distinguished, by the City Accompts, out of what Part of the Revenue of the City, or out of what Monies under the Management of the City, that Sum was paid."

Hereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee again, upon the said Bill, on Friday the Fourth Day of this Instant February, at Eleven a Clock in the Forenoon.

Report from Commissioners of Public Accompts.

After reading this Day the Report of the Commissioners appointed by One Act of Parliament, passed Primo Annæ Reginæ, intituled, "An Act for taking examining, and stating, the Public Accompts of the Kingdom:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That any Person or Persons, who shall think themselves therein concerned, may have a Copy of any Part of the said Report; and do put in their Answer or Answers thereunto, in Writing, on or before Thursday the Tenth Day of this Instant February, at Ten a Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.