House of Lords Journal Volume 18: 15 December 1707

DIE Lunæ, 15 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

East India Goods, Duties to secure, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for better securing the Duties of East India Goods."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for better securing the Duties of East India Goods."

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

It was Resolved in the Affirmative.

Ordered, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Freman, Leave for a Bill.

After reading and considering the Report made by the Lord Chief Justice of the Court of Queen's Bench and Mr. Justice Powell, upon the Petition of Ralph Freman the Elder Esquire, Ralph Freman the Younger, and Elizabeth his Wife, for themselves, and in the Behalf of William Freman, Catesby Freman, and Ralph Freman, Three Infants, Sons of the said Ralph Freman the Younger and Elizabeth his Wife; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of the said Petition.

Report from Committee for encouraging Privateers in The West Indies.

The Lord Halifax reported from the Lords Committees appointed to receive Proposals for setting out and encouraging Privateers in The West Indies, as follows; (videlicet,)

"That their Lordships have received several Proposals from Merchants trading to The West Indies, and have considered the same; and have also heard Sir John Jennings in relation to them; and have made the Resolutions following, which they humbly offer to the Consideration of the House:

"1. That the Prize-offices, both in Jamaica and in all other Parts of America, be forthwith abolished; and that the Captors be entitled to the sole Property and Disposal of all they take, which shall appear to be lawful Prizes.

"2. That all Persons, who shall be engaged or employed in Privateers, or Trading Ships, in those Parts, shall not be liable to be pressed, or taken out of them, upon any Pretence, or by any Person, whatsoever: And for the more effectual preventing the Merchants Ships, or Privateers, from harbouring or entertaining any Seamen who shall desert Her Majesty's Service, that the Masters of Merchant Ships, and Commanders of Privateers, be obliged to give in, to the Chief Officer of the Custom-house of the Port from whence they shall fail, an exact List of all the Men belonging to their respective Vessels, containing their Names, Ages, and Description of their Persons; and that the said Officers of the Customs be obliged to return to the respective Masters and Commanders attested Copies of the said Lists so delivered unto them; and that, upon the Death or Alteration of any Seaman, they do immediately alter their List, and deliver in the same to the Chief Officer of the Customs in any Foreign Port where they shall arrive, in Manner as aforesaid; which said Lists shall be produced and shewn to the Captains of any Ships of War demanding the same: And if any Men belonging to Her Majesty's Ships of War are found on board any Merchant Men, or Privateer, not contained in those Lists, the respective Master or Commander shall be subject to such Penalty as the House shall think fit, for every such Man so found on board: And, for the constant supplying Her Majesty's Ships with Men in The West Indies, that the Merchant Ships trading to those Parts, and the Packet Boats going thither, should be obliged to receive a Number of Men, above their Complement, entered into Her Majesty's Service as from that Time, and deliver them over to the Commander in Chief of Her Majesty's Ships there.

"And that the beneficial Trade, already improved, to The Spanish West Indies, may not be disturbed or injured by the Privateers; that as well the Men of War as Privateers be instructed and prohibited not to molest or take any Boat or Canoe belonging to the Spaniards, either on their Shore, or going to or returning from our Traders within Seven Leagues of the Shore, between the River Delahacha to the River Chaque, between which Distances on the Continent our Trade with the Spaniards is chiefly carried on; but that all Ships belonging to the Enemy, sailing from or returning to Europe, shall be free Prize to the Captors, as in all other Places.

"That there be likewise a Penalty set upon the Commanders of Privateers, for detaining or concealing any Men belonging to the Merchants Ships trading to The West Indies.

"3. That Her Majesty be empowered to make Grants, by Commission, Charter, or otherwise, to such Societies, or particular Persons, as shall engage in any Expedition at Sea, or on Land, for the destroying of the Enemy's Ships or Settlements, so that the said Undertakers may be secure of an undoubted Property in what they shall happen to be possessed of.

"4. That, in regard Seamen are now very hard to be procured, and that Her Majesty's Fleet, as well as Privateers, may be easier supplied, all Merchant Ships and Privateers, during the War, may be permitted to man with Three Quarters Foreigners.

"5. That, for the greater Encouragement of Foreign Seamen to come into the Service of this Nation, all such Foreigners shall, after Two Years continued Service, either in Her Majesty's Fleet, in any Privateer or Merchant Ship, be actually naturalized.

"6. That, Timber being very scarce, and Her Majesty wanting great Quantities for Her Navy, there may be a Permission to build or buy a certain Number of Ships in Foreign Parts, to be employed for Privateers."

Judges to prepare, and bring in, a Bill.

Which said Report, being read, was agreed to by the House; and the following Order made:

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Baron Smith do prepare, and bring in, a Bill, pursuant to the Report made this Day from the Lords Committees appointed to receive Proposals for setting out and encouraging Privateers in The West Indies."

State of the Fleet and Trade, &c; of of the War in Spain, and the Expedition to Toulon.

The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the State of the Nation, in relation to the Fleet, and the Trade of the United Kingdom of Great Britain, the State of the War in Spain, and the Expedition to Thoulon.

After some Time spent therein, the House was resumed.

And the Lord Herbert reported, "That the Committee of the whole House had come to the Resolutions following; (videlicet,)

"That an humble Address be made to Her Majesty, from this House, That Her Majesty will please to give Order, that there may be laid before this House, the Orders and Instructions given to the Earl of Peterborow, the Earl Rivers, and the Earl of Gallway, in relation to their respective Commands in Spain; and an Accompt of what Money has been sent to Spain since the Taking of Barcelona; and also an Account of what Men have been sent thither since that Time, and what Number of Men were in Spain at the Battle of Almanza.

"That an humble Address be made to Her Majesty, from this House, That Her Majesty will please to give Order, that there may be laid before this House, the Orders and Directions which have been sent from hence to the Earl of Gallway, since Christmas last, to the Time of the Battle of Almanza.

"That an humble Address be made to Her Majesty, from this House, That Her Majesty will please to cause to be laid before this House, the Transactions passed with the Earl of Gallway, between November One Thousand Seven Hundred and Five and Lady-day One Thousand Seven Hundred and Six, in relation to the Relief of Barcelona.

"That an humble Address to made to Her Majesty, from this House, That Her Majesty will please to cause to be laid before this House, what Account, since the Earl of Peterborow's Return Home, has been taken of his Proceedings in Spain."

Which said Resolutions, being severally read by the Clerk, were agreed to by the House; and the following Orders made; (videlicet,)

Address, for Instructions, &c. to the E. of Galway & al. concerning their Commands in Spain.

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, from this House, humbly to desire Her Majesty, That She will please to give Order, that there may be laid before this House, the Orders and Instructions given to the Earl of Peterborow, the Earl Rivers, and the Earl of Gallway, in relation to their respective Commands in Spain; and an Accompt of what Money has been sent to Spain since the Taking of Barcelona; and also an Account of what Men have been sent thither since that Time, and what Number of Men were in Spain at the Battle of Almanza.

"Also the Orders and Directions which have been sent from hence to the Earl of Gallway, since Christmas last, to the Time of the Battle of Almanza.

"And also the Transactions passed with the Earl of Galway, between November One Thousand Seven Hundred and Five and Lady-day One Thousand Seven Hundred and Six, in relation to the Relief of Barcelona.

"As also what Account, since the Earl of Peterborow's Return Home, has been taken of his Proceedings in Spain."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Friday next, at Twelve a Clock, this House shall be put into a Committee again, to consider further of the State of the Nation, in relation to the Fleet, and the Trade of the United Kingdom of Great Britain, the State of the War in Spain, and the Expedition to Thoulon.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir James Campbell and others:

Who brought up a Bill, intituled, "An Act for repealing and declaring the Determination of Two Acts passed in the Parliament of Scotland; the one, intituled, "Act for the Security of the Kingdom;" the other, "Act anent Peace and War;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Lunæ, 5 Die Aprilis, 1708.
Hitherto examined by us,
Townshend.
Jo. Bangor.
Herbert.
Somers,
Halifax.