House of Lords Journal Volume 18: 7 February 1708

DIE Sabbati, 7 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills; and to return Freemans.

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

Who brought up a Bill, intituled, "An Act for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Eight, and other Uses, by Sale of Annuities charged on a Fund not exceeding Forty Thousand Pounds per Annum, to arise by appropriating several Surpluses, and by granting further Terms in the Duties on Low Wines, and on Hawkers, Pedlars, and Petty Chapmen, the Stamp Duties, the One Third Subsidy, the Duty on Sweets, and One of the Branches of Excise; and by making other Provision in this Act mentioned," to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for vesting in Ralph Freman the Younger Esquire, and his Heirs, divers Manors and Lands, in the County of Essex, comprized in his Marriage Settlement; he having settled other Manors and Lands, in the County of Hertford, of greater Value, to the like Uses in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message from the House of Commons, by Sir Robert Eden and others:

Who brought up a Bill, intituled, "An Act to make the Ship Ambuscade (a French Privateer, taken by Her Majesty's Ship The Dover, and condemned and sold as Prize) a free Ship;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Joseph Jekyll and others:

Who brought up a Bill, intituled, "An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line;" to which they desire the Concurrence of this House.

Security of Her Majesty's Person and Protestant Succession, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line."

Address relating to the Complaint against Commodore Kerr.

The Duke of Bolton reported from the Lords Committees (appointed to consider the Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London, to whom was referred the Complaint exhibited by Mr. Thomas Wood against Captain William Kerr, and the said Captain Kerr's Answer thereunto) an Address drawn by their Lordships.

Which was read, and agreed to by the House, as followeth; (videlicet,)

"May it please Your most Excellent Majesty,

"We, Your Majesty's most dutiful and obedient Subjects, the Lords Spiritual and Temporal in Parliament assembled, do humbly inform Your Majesty, That there has been laid before this House, by Mr. Thomas Wood, in Behalf of himself and divers other Jamaica Merchants, a Complaint against Captain William Kerr, late Commander of a Squadron of Your Majesty's Ships at that Island, for refusing to grant Convoys for their Ships to the Spanish Coasts of America; and in particular, that the said Mr. Thomas Wood had offered to the said Captain Kerr the Sum of Six Hundred Pounds, as a Gratuity, if he would order One of Your Majesty's Men of War under his Command to go as Convoy to The Neptune Sloop and Martha Galley, loaded with Woollen and other Goods of Your Majesty's Subjects: That the said Captain Kerr, at that Time, seemed pleased with the Proposal; and said, "The Windsor should be the Ship;" and ordered Mr. Wood to make what Dispatch he could, in getting the Galley and Sloop ready. On which Encouragement, he got them ready to sail, and bought Three Hundred Negroes to put on Board them; and then acquainted Captain Kerr therewith, and with the great Charge he was at in maintaining the Negroes, and his Fear of their Sickness. Captain Kerr then said, "he feared he could not spare a Man of War;" but the next Day, sent Mr. Tudor Trevor, Captain of The Windsor, to acquaint Mr. Wood, that Captain Kerr said, "he thought Mr. Wood could not have offered less than Two Thousand, or at least Fifteen Hundred Pounds." Whereupon Mr. Wood declared, "The Sum was so great, that the Trade could not bear it;" and so the Sloop and Galley proceeded on their Voyage without Convoy; and in their Return, the Sloop, loaded with great Wealth, being pursued by French Privateers, and having no Convoy, and crouding too much Sail to get from the Enemy, was unhappily overset and lost.

"The said Mr. Wood also made another Complaint, "That, upon a further Application to the said Mr. Kerr, for a Convoy for Three Sloops bound for the said Spanish Coast, he promised to give The Experiment Man of War, commanded by Captain Bowler, as a Convoy, for which the said Mr. Wood agreed to give Eight Hundred Pounds; Four Hundred Pounds, Part whereof, was paid to the said Bowler, and the other Four Hundred Pounds was made payable, by Note, to one Mr. Herbert, for the Use of Mr. Kerr; which Note was sent in a Letter to Mr. Kerr, and by him put into Mr. Herbert's Hands: And besides that, as a further Encouragement for allowing the said Convoy, Mr. Kerr had an Adventure of Fifteen Hundred Pounds in the said Sloops, without advancing any Money." To this Complaint Mr. Kerr put in his Answer; and both Parties were fully heard, by themselves and their Witnesses: And, upon the whole Matter, the House came to this following Resolution: "That the said Complaint of the said Mr. Wood against the said Captain Kerr, as well in relation to The Neptune Sloop and Martha Galley, as also in relation to the other Three Sloops that went under the Convoy of The Experiment Man of War, hath been fully made out, and proved, to the Satisfaction of this House."

"These Matters we think ourselves bound in Duty to lay before Your Majesty; as being of the highest Consequence to the Trade of Your Majesty's Subjects, whereupon the Wealth and flourishing Estate of the Kingdom doth so manifestly depend.

"We do also think ourselves obliged to inform Your Majesty, That in the Examination of these Complaints, we find divers corrupt and unjustifiable Practices of the like Kind (though not attended with altogether such aggravating Circumstances) have been too frequent in Your Majesty's Fleet: And we are humbly of Opinion, that nothing can be of more pernicious Consequence than the suffering such Abuses to proceed with Impunity. And therefore we beseech Your Majesty, to be pleased to give such effectual Orders and Directions as shall for the future prevent the like corrupt Doings, to the Oppression of the Merchants, who at this Time lie under many heavy Discouragements. And we do humbly hope Your Majesty will be pleased to declare, in such Manner as may be most public and effectual, to all Commanders of Squadrons and Captains of Ships of War, that their Care and Diligence, in attending, protecting, and securing, the Trade of Your Majesty's Subjects, when any Charge of that Nature shall be committed to them, or when they shall have any Opportunity of doing it, shall be a sure, particular, and principal Recommendation of them to Your Majesty's Favour, in any of their Pretensions to Promotion in Your Majesty's Service."

Lords to attend the Queen with it.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, with the humble Address of this House, agreed to this Day, relating to Captain Kerr.

Union more complete, Bill:

The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the Bill, inintituled, "An Act for rendering the Union of the Two Kingdoms more entire and complete."

After some Time, the House was resumed.

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

Then it was proposed, "To read the Bill a Third Time."

And it being also proposed, "To adjourn:"

And Debate thereupon:

The Question was put, "Whether this House shall be now adjourned?"

It was Resolved in the Negative.

Hodie 3^a vice lecta est Billa, intituled, "An Act for rendering the Union of the Two Kingdoms more entire and complete."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Dorchester.

"1st. Because the Clause in the Bill, which relates to the Privy Council, determines the Privy Council of Scotland so soon as the First Day of May next; by which Time, the Provision made in the same Bill, instead of the Privy Council, for the Security of the Peace, by appointing Justices of the Peace to be constituted under the Great Seal of Great Britain, in the several Counties of Scotland, cannot be expected to take Effect: And therefore we conceive, that if that Clause had been framed so as not to take Place till the First of October next, as was proposed, the Privy Council of Scotland had then been abolished as certainly as by the present Bill, and with more Security to the Peace and Tranquillity of that Part of the United Kingdom.

"2dly. Because the Clause in the Bill, which appoints the Commissions and Powers to Justices of the Peace, authorizes those Justices to proceed against Offenders during the First Fifteen Days after the Crime committed; and that in the Liberties of Heritable Officers and Officers for Life, which, at the Time of the Union of the Two Kingdoms, the Justices of Peace (and all ordinary Officers and Ministers of Justice) were by Law excluded from doing; and therefore we apprehend, that the last mentioned Clause in the Bill might be construed to be an Encroachment upon the Twentieth Article of the Union, and by that Means be the Occasion of raising great Jealousies and Discontents throughout that Part of the United Kingdom.

"Cowper, C.

"Rivers.

Godolphin.

"Somerset.

"Marldorough.

"Pembroke.

Cardigan.

"J. Bridgewater.

"Radnor.

"Mar.

"Wemyss.

"Lothian.

"Jonat. Winton.

Seafield.

"Cholmondeley.

"Berkeley.

Crafurd.

"Roseberie.

"Herbert.

"Loudoun.

"Leven.

"Glasgow.

"Stair.

Ilay.

"Greenwich."

Message to H. C. that the Lords agree to the Bill.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Pitt:

To acquaint them, that the Lords have agreed to the Bill, intituled, "An Act for rendering the Union of the "Two Kingdoms more entire and complete," without any Amendment.

Church Statutes, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the avoiding of Doubts and Questions touching the Statutes of divers Cathedral and Collegiate Churches."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday the Fourteenth Day of this Instant February, at Eleven a Clock.

Peers from Scotland, Bill to settle Method of returning.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Twelve a Clock, this House shall be put into a Committee, to consider of Heads for a Bill to settle the Method of returning Peers from Scotland to the Parliament of Great Britain.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Veneris, 16 die Aprilis, 1708, Hitherto examined by us,
Rochester.
Orford.
Townshend.
Somers.