House of Lords Journal Volume 19: 13 July 1713

DIE Lunæ, 13 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Bertie and others:

With a Bill, intituled, "An Act for encouraging the Tobacco Trade; and for Ease of Merchants, as to Wine Bonds; and for disposing of Goods lying long in Her Majesty's Warehouses, for the Duties; and for the explaining a former Act as to a Duty of Fifteen per Cent. on certain Linens, and for allowing the making of Quarter Pieces of Linen in Scotland; and for discharging the Lustring Company from sealing Lustrings and Alamodes, to be made in Great Britain; and for continuing the Deputations of Customhouse Officers, notwithstanding the Death or Removal of any Commissioners of the Customs; and for Relief of Sir John Lambert and others, in relation to the Duties of certain Wines taken as Prize; and for the better enabling the Bank of England to lend Money on Stock of the South Sea Company; and for the more effectual taking, stating, and determining, several Accompts, relating to the Forces and Marines;" to which they desire the Concurrence of this House.

Tobacco Trade, &c. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for encouraging the Tobacco Trade; and for Ease of Merchants, as to Wine Bonds and Tobacco Bonds; and for disposing of Goods lying long in Her Majesty's Warehouses, for the Duties; and for the explaining a former Act as to a Duty of Fifteen per Centum on certain Linens, and for allowing the making of Quarter Pieces of Linen in Scotland; and for discharging the Lustring Company from sealing Lustrings and Alamodes, to be made in Great Britain; and for continuing the Deputations of Custom-house Officers, notwithstanding the Death or Removal of any Commissioners of the Customs; and for Relief of Sir John Lambert and others, in relation to the Duties of certain Wines taken as Prize; and for the better enabling the Bank of England to lend Money on Stock of the South Sea Company; and for the more effectual taking, stating, and determining, several Accompts, relating to the Forces and Marines."

Rejected.

Ordered, That the said Bill be rejected.

New Church in The Strand, &c. Bill.

The Lord Bishop of Hereford reported from the Lords Committees, to whom the Bill, intituled, "An Act to vest in the Commissioners for building Fifty new Churches in and about London and Westminster, and Suburbs thereof, as much of the Street near The May Pole in The Strand, in the County of Midd'x, as shall be sufficient to build One of the said Churches upon; and for restoring to the Principal and Scholars of King's Hall and College of Brazen-Nose, in the University of Oxon, their Right of Presentation to Churches and Chapels, in Stepney Parish," was committed: "That they had considered the said Bill, as also the Petition to them referred; and agreed to a Clause to be added to the Bill, to save the Petitioner's Right."

Which was read Twice, and agreed to; and the Clause ordered to be engrossed.

Messages from H. C. with Bills; and to return the Bill for Soldiers, &c. to exercise

A Message was brought from the House of Commons, by Sir William Windham and others:

Trades, Bill; and Leighton's Bill.

To return the Bill, intituled, "An Act to enable such Officers and Soldiers as have been in Her Majesty's Service during the late War to exercise Trades; and for Officers to accompt with their Soldiers;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

A Message was brought from the House of Commons, by Mr. Shackerley and others:

To return the Bill, intituled, "An Act for enabling Sir Edward Leighton Baronet to charge his Estate with Four Thousand Pounds (preferable to Six Thousand Pounds already charged thereupon by his Marriage Settlement), for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, by Mr. Bertie and others:

With a Bill, intituled, "An Act for the better Encouragement of the making of Sail-cloth in Great Britain;" to which they desire the Concurrence of this House.

E. Arran's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Charles Lord Weston, and Earl of Arran in the Kingdom of Ireland, to take the Oath of Office, as Master of Her Majesty's Ordnance in the Kingdom of Ireland, before the Barons of Her Majesty's Court of Exchequer at Westm'r; and to qualify himself for the legal Enjoyment of the said Office."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Method of demanding Supplies by the Crown, Report about.

The Duke of Bolton reported from the Lords Committees, appointed to consider the Method and Manner of demanding Supplies by the Crown, as follows; (videlicet,)

"That the Committee have sat several Times, and looked into many Precedents; and find, that the usual Method of demanding Supplies has been from the Throne, in the House of Lords; but they, not having Time to perfect a Report with that Exactuess as they think requisite to be done in a Matter of so great Consequence to the Rights of the House of Peers, they humbly submit it to the Consideration of the House, whether they will not put it in some Method of having this Matter more fully examined and laid before them, and stated to the House."

Which being read by the Clerk;

Referred to the Committee for the Journal.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Report be referred to the Lords Sub-committees appointed to peruse and perfect the Journals of this and the last Session of Parliament; and that their Lordships do search the Journals of this House, from the Restoration in the Year 1660, with respect to the Method and Manner of demanding Supplies by the Crown.

Archbold versus Toole:

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of James Archbold Gentleman, from Two Decrees, or Orders, made in the Court of Exchequer in Ireland, in a certain Cause, wherein Peter Toole Gentleman was Plaintiff, and the Petitioner Defendant; one made the 7th of December 1711, and the other the 12th of February 1712; praying, "That the same may be reversed:" As also upon the Answer of the said Peter Toole put in thereunto; Counsel appearing for the Respondent, but no Counsel for the Appellant:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House; and that the Decrees, or Orders, therein complained of, shall be, and are hereby, affirmed: And it is further Ordered, That the said James Archbold shall pay, or cause to be paid, to the said Peter Toole, the Sum of One Hundred Pounds, for his Costs, in defending the said Appeal in this House.

Dawson et al. versus Franklyn:

After hearing Counsel, upon the Petition and Appeal of William Dawson, Richard Gough, Roger Braddyll, and Richard Martin, from a Decree made in the Court of Exchequer, on or about the Eleventh Day of May last, in certain Causes, wherein the Petitioners, William Dawson, Rich'd Gough, and Roger Braddyll, were Complainants, and William Franklyn Defendant; and the said William Franklyn was Complainant, and all the Petitioners Defendants; praying the Reversal of the said Decree: As also upon the Answer of the said William Franklyn put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement reversed in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the Decree, whereby it is ordered, "That all Money stopped, and due, and payable, or thereafter to become due and payable, to him the said Franklyn, by virtue of the Contract in the said Decree mentioned, should be forthwith duly and in Course paid to, and received by, Franklyn, as formerly; and that he should pay the same forthwith into the Bank of England, from Time to Time, as the same should be received," be reversed: And it is further Ordered and Adjudged, That all such Money stopped, and due and payable, or which shall hereafter become due and payable, to the said Franklyn, by virtue of his said Contract, be forthwith duly and in Course paid, by the Commissioners or Treasurer of the Navy, into the Bank of England; and shall be issued from thence, for the Benefit of the several Partners, according to their respective Interests therein, pursuant to the said Articles, as the Court of Exchequer shall from Time to Time direct.

Hackney Chairs, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining the Acts for licensing Hackney Chairs."

Ordered, That the Consideration of the said Bill be committed to the same Committee as the Lord Weston's Bill stands committed; to meet at the same Time and Place.

Sail Cloth Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Encouragement of the making of Sail Cloth in Great Britain."

Ordered, That the said Bill be read a Second Time To-morrow, the First Business.

Adjourn.

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