House of Lords Journal Volume 18: 23 April 1707

DIE Mercurii, 23 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Prayers.

Drawbacks on Goods carried to Scotland, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent the Mischiefs of a fraudulent Practice, in obtaining Drawbacks for Goods carried from England to Scotland, in order to be brought back again, and in carrying Goods by Englishmen or Foreigners from Foreign Parts into Scotland, without paying English Duties; and for better securing the Duties of Goods brought from The East Indies."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had made some Progress in the Bill; and desire another Time may be appointed, for the House to be putin to a Committee again upon the said Bill."

And his Lordship also reported, "That the following Question had been put to the Judges, upon the First Clause in the Bill;" (videlicet,)

Judges decline answering a Question concerning a Clause in it, as likely to come before them in the Courts below:

"Whether, as the Laws now stand, there be a sufficient Remedy to prevent the Inconveniencies mentioned in the Clause of the Bill, which has been now read, in respect to Drawbacks?"

"And that the Judges had excused themselves from answering that Question, upon Account of the Difficulty of the Case; and as it is a Question which they ought not to answer, it being likely the Case would come before them in the Courts below; and other Reasons by them given in the Committee."

Hereupon, the House being moved, "To appoint a Day, to take this Matter of the Judges into Consideration:"

After Debate;

This Matter to be taken into Consideration:

The Question was put, "Whether this Matter, relating to the Judges not answering the abovesaid Question in the Committee, shall be taken into further Consideration To-morrow Morning?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Beaufort.

"Buckingham.

"Northampton.

"Rochester.

"Winchilsea.

"Dartmouth.

"Poulett.

"Jersey.

"Leigh.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House will take into further Consideration, the Matter of the Judges not answering the Question put to them in the Committee of the whole House, upon the First Clause in the Bill relating to Drawbacks; (videlicet,) "Whether, as the Laws now stand, there be a sufficient Remedy to prevent the Inconveniencies, mentioned in the Clause of the Bill, which has been now read, in respect to Drawbacks."

Gunpowder, to prevent bringing to London, &c. Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the Dangers which may arise, from bringing great Quantities of Gunpowder into London or Southwarke."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee had gone through the said Bill; and think it sit to pass, with some Amendments."

Which were read Twice, and agreed to.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.