House of Lords Journal Volume 19: 28 May 1713

DIE Jovis, 28 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Burgoyne's Bill.

PRAYERS.

The Earl of Sussex reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the Counties of Warwick and Bedford, (late the Estate of Sir Roger Burgoyne Baronet, deceased,) in Trustees, for divers Purposes therein mentioned," was committed: That they had considered the said Bill; that the Parties concerned had given their Consents thereunto; and that the Committee had directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Don versus Sir Alexander Don.

Upon reading the Petition and Appeal of James Don Esquire, from an Interlocutory Sentence, or Decree, of the Lords of Council and Session in North Britain, the Twentieth of January last, and a Re-hearing, wherein the said Lords did adhere to their former Interlocutor, made on the Behalf of Sir Alexander Don; praying the Reversal of the same:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Alexander Don may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Twentyfifth Day of June next, at Eleven a Clock.

James Don, Order for Writings.

Upon reading also the Petition of James Don Esquire Appellant, against Sir Alexand'r Don Respondent; shewing, "That the following Writings are all in the Possession of the said Respondent; videlicet,

"1 st, Disposition and Renunciation of Broom Lands, by Mr. Donn, of Rutherford, and his Lady, to Sir Alexand'r Donn.

"2. Contract of Marriage between Sir James Donn of Newtoun, and Mary Scot his Wife.

"3. Procuratory of Resignation by him and his Father, relating to the said Contract of Marriage.

"4. Instrument of Resignation following the said Procuratory.

"5. Charter under the Great Seal, following on the said Instrument of Resignation.

"6. Instrument of Seisin on the said Charter.

"The abovementioned are the Writings of Newton.

"The Writings relating to the Lands of Rutherford are as follows:

"1st, Disposition by Sir Francis Scott to old Sir Alexander Donn in Life Rent, and to his Son Mr. Donn of Rutherford in Fee, of the Lands and Barony of Rutherford."

"2. Instrument of Resignation on the said Disposition.

"3. Charter under the Great Seal, on the said Instrument of Resignation.

"4. Instrument of Seisin on the said Charter.

"5. The Respondent's own special Retour, as Heir to the last Sir Alexand'r Donn of Rutherford.

"6. Precept under the Quarter Seal on the said Retour.

"7. Instrument of Seisin on the said Precept.

"All which will be absolutely necessary to be produced upon the Hearing of this Cause, the same having been read in the Court below;" and praying, "That the said Sir Alexander may be ordered to put the said Writings into the Hands of the Clerk of the Parliaments, that the Petitioner's Counsel and Agents may have Recourse to them, the better to enable them to maintain the Justice of the Appellant's Pretensions:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Alexander Donn do forthwith cause the Papers and Writings asorementioned to be delivered to the said Clerk, or his Deputy, in order that the Petitioner's Counsel and Agents may have Recourse to them; and that the same may be made Use of at the Hearing in this House.

E. Nottingham et al. Marquis of Halifax's Executors, Bill.

The Lord Carteret reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for the Sale of the Reversion and Inheritance of the Manor of Morley, in the County of York, together with a Term of Five Hundred Years therein, decreed to be sold, for Payment of Debts; and also for exchanging a Fee-farm Rent of the Coheirs of William late Marquis of Halifax, issuing out of Part of Leffield Forrest, in Rutlandshire, for a Fee-farm Rent of Daniel Earl of Nottingham, issuing out of Hertingfordbury Park, in Hertfordshire; and for settling the same to such Uses as the said Fee-farm Rent in Rutlandshire was settled: That they had considered thereof, and the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

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

E. Thomond's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for confirming several Grants in Fee-farm, made by Henry Earl of Thomond, by Virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act: That they had considered of the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to by the House.

E. Coventry's Bill.

The Earl of Yarmouth reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for raising Five Thousand Pounds Portion, together with Maintenance-money, out of several Lands in Middlesex and Warwickshire, charged therewith (being the Estate of the Right Honourable Gilbert Earl of Coventry); and for paying the same to the Lady Ann Coventry his Daughter, at her Marriage, though the same should be before her Age of Eighteen Years: That they had considered thereof; that the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

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

Lee's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling Henry Lee the Younger, alias Lee Warner, to make a Jointure upon his Marriage," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

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

Rachda'e and Boulton Inhabitants, for River Douglas, Bill.

Upon reading the Petition of the Inhabitants of Rachdale, in the County of Lancaster; as also the Petition of the Inhabitants of the Town of Boulton, in the same County; praying, "That the Bill depending in this House, for making the River Douglas, alias Asland, in the said County, navigable, may pass:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions do lie on the Table, until the Second Reading of the said Bill.

Messages from H. C. with Bills;

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

With a Bill, intituled, "An Act for granting to Her Majesty Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Thirteen; and for making forth Duplicates of Lottery Tickets, lost, burnt, or destroyed; and for enlarging the Time for adjusting Claims in several Lottery Acts; and to punish the counterseiting or forging of Lottery Orders; and for explaining a late Act in relation to Stamp Duties on Customary Estates which pass by Deed and Copy;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Arthur Kay and others:

With a Bill, intituled, "An Act for making Enclosures of some Part of the Common Grounds in the West Riding of the County of York, for the endowing poor Vicarages and Chapelries, for the better Support of their Ministers;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for diverting the Crown of the Remainder in Fee Simple of and in the Manor and Advowson of Stourton, in the County of Wilts, and several Lands, Tenements, and Hereditaments, to the same Manor belonging, expectant on certain Estates Tail; and for vesting the same in certain other Persons, therein named, to the Intent the same may be barred, by proper Methods in Law, for the Purposes therein mentioned;" to which they desire the Concurrence of this House.

and to return Charlton Parsonage house Bill.

A Message was brought from the House of Commons, by Sir George Beaumont and others:

To return the Bill, intituled, "An Act for the Exchange of the Parsonage-house at Charlton, in Kent, and Close thereto adjoining, in Lieu of another House and Lands there;" and to acquaint this House, that they have agreed to the same, without any Amendment.

State of the Nation to be considered.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Twelve a Clock, this House will take into Consideration the State of the Nation; and all the Lords to be summoned; and the Causes removed, in Course.

Papers concerning Treaties of Commerce with France, and the Barrier Treaties, delivered.

The Lord Guilford, from the Commissioners of Trade and Plantations, presented to the House, pursuant to the Orders of the 19th and 20th Instant, several Papers, relating to a Treaty of Commerce with France, before the Treaty of Peace at Ryswick, and since the Year 1708; as also Papers relating to the Treaty in 1709, between Her Majesty and The States General, for securing the Succession of the Crown of Great Britain, and for settling a Barrier for the said States General, with
Lists thereof; (videlicet,)

" 169 6/7, January 4th. 1. A Letter from Mr. Tucker, by Order of Mr. Secretary Trumbull, to inquire about the Readiness of the Merchant Ships designed for Barbadoes, Jamaica, and The Leeward Islands; and to consider of Matters fit for a Treaty of Commerce between England and France.

"14th. 2. A Letter from Mr. Tucker, with Three Draughts of a Treaty of Commerce with France.

"18th. 3. Memorial from Mr. John Smith, about the French Trade.

"February 1st. 4. Memorial from the Merchants of Exeter, relating to the Treaty of Commerce with France.

"5. Letter from Mr. John Smith, of the 18th of January, 169 6/7 with a Memorial about Debts, &c. in France.

"March 12th. 6. Letter from Mr. Sanson Secretary of the Custom-house, dated the 11th of March, 169 6/7 with an Abstract of the several Laws relating to the Trade with France, since the Book of Rates, Anno 1660.

"22d. 7. Letter from Mr. John Smith, giving Account of the Freedom the English had formerly in Dunkirk.

"24th. 8. Letter from Mr. Heron, Secretary to the African Company, dated the 23d of March 1696 / 7;, about their Losses by the French; with a Paper, intituled, "The Case of Sir Richard Levet, &c."

"9. Memorial from Mr. Seignoret, relating to the Trade with France.

"1697, April 5th. 10. The Council of Trade's Letter to Mr. Secretary Trumbull; with a Copy of a Draught of a Treaty of Commerce with France, and other Papers relating thereunto.

"November 23d. 11. Extract of a Letter from Paris, of the 18th of November, 1697, relating to Trade.

"12. Extract of the Minutes of the Commissioners of Trade and Plantations, relating to a Treaty of Commerce with France, before the Treaty at Ryswick, 1697.

"1709, May 18th. 1. A Letter from the Earl of Sunderland, of the 16th May, 1709, to the Commissioners for Trade and Plantations; directing them to consider the several Treaties of Commerce with France.

"23d. 2. Copy of a Memorial from several Merchants concerned in the Tobacco Trade; proposing, that, by a Treaty with France, Tobacco may be allowed to be imported into that Kingdom, under an easy Duty, without Farm or Monopoly.

"27th. 3. Memorial from Mr. Galdie, relating to a Treaty of Commerce with France, &c.

"4. Memorial from Mr. Harris, about the French Settlements at Hispaniola, &c. and the ill Consequences they are of to Jamaica.

"31st. 5. Letter from Mr. Eyre, of the 27th of May, 1709, relating to the Duties laid on English Manufactures in France.

"6. Copy of a Letter from Mr. Spicer Mayor of Exeter, of the 28th of May, 1709; inclosing a Memorial from the Merchants of that City, relating to a Treaty of Commerce with France; and particularly the Customs received at Rouen since 1654.

"7. Copy of a Memorial relating to a Treaty of Commerce with France, and some Considerations about the Settlement of that Trade.

"1709, June 1st. 8. Copy of a Memorial from several North British Merchants, relating to a Treaty of Commerce with France.

"3d. 9. Copy of a Representation of the Mayor, Burgesses, and Inhabitants, of Lyme Regis; praying, "That, in a Treaty of Commerce with France, the Prohibition of English Manufactures may be taken off, and Satisfaction made for several Goods formerly seized in Britany."

"September 1st. 10. Copy of a Letter from Mr. Hollidge, of Bristol, of the 25th of May, 1709, relating to the high Duties on English Manufactures in France.

"11. Copy of a Memorial from Mr. Gualtier; containing Considerations on the Benefit of an open Trade with France, &c.

"12. An Arrest of the King of France, relating to the Entries of English Goods into that Kingdom; dated the 6th September, 1701.

"13. Copy of a Memorial relating to the Droit D'Aubaine in France.

"14. Letter from Mr. Savage, of the 1st of June, 1709; enclosing an Account of the Duties upon French Commodities; with Reference to the several Laws relating to the Trade with France, since 1660.

"15. Memorial from the Company of Clockmakers; praying, "That the French King may be obliged, in the Treaty of Commerce to be made with France, to take off the Prohibition of Clocks, &c."

"16. Copy of a Memorial from Mr. Samuel Lock; proposing, "That the Duties in France laid on English Manufactures may be taken off."

"October 18th. 17. Letter to the Earl of Sunderland; enclosing the Project of a Treaty of Commerce with France, together with other Papers relating thereunto.

"1710, April 26th. 18. Copy of the Turkey Company's Petition to Her Majesty, relating to their Trade with France, in Case of a Peace.

"1711, December 11th. 19. Memorial from the Turkey Company; containing what they desire may be stipulated for them, in relation to the Turkey and Levant Trade, in Case of a Treaty with France.

"21st. 20. Letter from the Earl of Dartmouth; enclosing Two Memorials of the Merchants, trading to Turkey and Hudson's Bay; and desiring to know what is proper to be offered at a Treaty of Peace, in relation to those Trades.

"21. Petition of the Governor and Company of Merchants trading into The Levant Seas; relating to what they desire may be done for them, in a Treaty of Commerce with France.

"22. Petition of the Governor and Company of Adventurers of England trading into Hudson's Bay, to Her Majesty; praying, "That, at a Treaty of Peace, the French may be obliged to renounce all Right to the said Bay."

"17 11/12;, February 8th. 23. Memorial from the Hudson's Bay Company, containing what they desire may be stipulated for them, at the ensuing Treaty of Peace.

"19th. 24. Letter from the Commissioners of Trade to the Earl of Dartmouth, upon a Petition and Memorial of the Turkey Company; concerning what they desire may be done for them, at the ensuing Treaty of Peace.

"25. Letter from the Commissioners of Trade and Plantations to the Earl of Dartmouth, on the Petition of the Hudson's Bay Company; containing what they desire may be stipulated for them, at the ensuing Treaty of Peace.

"March 24th. 26. Letter from Mr. Secretary St. John to the Commissioners for Trade, of the 18th of March, 1711; enclosing the Draught of a Treaty Marine and of Commerce with France.

"1712, April 2d. 27. Letter from Mr. Lock, of the 31st of March, 1712; in Answer to One writ him the 26th, relating to a Treaty of Commerce with France.

"28. Letter to the Secretary of the Turkey Company, relating to the 9th Article of the Treaty of Commerce between the Dutch and the French, in 1697.

"5th. 29. Memorial from the Levant (or Turkey) Company, relating to their Interest in a Treaty of Commerce with France.

"1712, April 9th. 30. Memorial from the Levant Company, relating to their Interest in a Treaty of Commerce with France.

"31. Memorial from Sir William Johnson and Mr. Smith, in Behalf of North Britain; in Answer to a Letter writ them, relating to a Treaty of Commerce with France.

"32. Memorial from Mr. Lawrence Galdie; in Answer to a Letter writ him the 26th of March, 1712, about a Treaty of Commerce with France.

"15th. 33. Letter to Mr. Secretary St. John; with Observations of the Commissioners for Trade upon the Project of a Treaty of Commerce with France.

"May 9th. 34. Letter from Mr. Secretary St. John, of the 8th of May, 1712; relating to a Tariff and Treaty of Commerce with France.

"July 24th. 35. Letter from the Lord Bolingbroke to the Commissioners of Trade, dated the 21st of July, 1712, with the Treaty of Commerce with France.

"17 12/13;, January 9th. 36. Memorial from several West India Merchants and Planters, relating to a Treaty of Commerce with France.

"37. Restrictions to be made upon granting the Tariff of 1664 to the Dutch.

"February 17th. 38. Memorial from the East India Company; representing, "That some Sorts of East India Goods are prohibited in France, and high Duties laid on others, to the great Loss of this Nation; and praying the favourable Interposition of the Commissioners for Trade in the enfuing Treaty of Commerce, that the English Merchants may be on the same Foot of Trade, touching East India Goods, as they were in the Beginning of the Reign of King Charles the Second."

"39. Letter from the Commissioners for Trade, to the Earl of Dartmouth; with the Copy of a Memorial from the East India Company, for Her Majesty's Pleasure thereupon.

"17 12/13;, February 20th. 40. Memorial from several Clothiers and others concerned in the Woollen Manufacture of this Kingdom; praying, "That, in the ensuing Treaty of Commerce with France, the Importation of our Woollen Manufactures thither may not be discouraged, or subjected to high Duties."

"41. Memorial from several Merchants and Dealers in Serges, Druggets, &c.; praying "the favourable Interposition of the Commissioners for Trade, that, in the present Treaty of Commerce with France, the said Commodities should not be prohibited, nor excessive Duties laid or continued on their Importation into that Kingdom."

"42. Letter from the Commissioners for Trade to the Earl of Dartmouth; with Two Memorials, from several Merchants and others concerned in the Woollen Manufacture of this Kingdom, for Her Majesty's Pleasure thereupon.

"24th. 43. Letter to the Commissioners of Trade, from the Earl of Dartmouth, of the 20th; in Answer to One writ his Lordship the 17th Instant, enclosing the Copy of a Memorial from the East India Company.

"44. Representation and Petition of the Company of Weavers of London, to the Commissioners for Trade and Plantations; praying "Care may be taken of the English Silk and Woollen Manufactures, with regard to the Detriment they may receive from any Stipulation of a free Trade with France."

"17 12/13;, February 25th. 45. Letter from the Commissioners of Trade and Plantations, to the Earl of Dartmouth; with the Copy of a Memorial from the Company of Weavers of London, relating to the Silk and Woollen Manufactures.

"26th. 46. Letter from the Earl of Dartmouth, of the 24th of February, 1712, in Answer to One from the Commissioners for Trade and Plantations, to his Lordship, of the 20th of the same Month; with Two Memorials relating to the Woollen Manufactures.

"March 3d. 47. Letter from the Earl of Dartmouth, to the Commissioners for Trade and Plantations, of the 27th of February, 1712; in Answer to One from them, with the Petition of the Company of Weavers, London.

"48. Memorial from the Headsmen, Wardens, and Assistants, of the Worsted Weaving Company at Norwich, in relation to a Treaty of Commerce with France.

"49. Memorial from the Merchants, Clothiers, Serge-makers, and others, concerned in the Woollen Manufactures of Taunton, in relation to a Treaty of Commerce with France.

"17 12/13;, March 4th. 50. Letter from the Commissioners of Trade to the Earl of Dartmouth; with Two Memorials, one from Norwich, the other from Taunton, concerning the Woollen Manufacture, in relation to a Treaty of Commerce with France.

"51. Extract of the Minutes of the Commissioners of Trade and Plantations, relating to a Treaty of Commerce with France, since the Year 1708.

"1711, December 22d. (A.) Letter from the Commissioners of Trade to Mr. Secretary St. John, relating to the Duties exacted by the Dutch on the Manufactures of Great Britain going out of The Spanish Low Countries into the Towns of the new Conquests.

"1712, October 16th. B. Copy of a Letter from the Commissioners of Trade to the Lord Bolingbroke, in Answer to his of the 17th of September 1712, relating to the Flanders Trade.

"17 12/13;, February 11th. C. Letter from the Commissioners of Trade, to the Lord Viscount Bolingbroke, in Answer to his Lordship's of the 4th of February, 17 12/13;, relating to Instructions for the Commissaries to be appointed, on Her Majesty's Part, for settling the Trade of The Netherlands.

"D. Ordinance of the Council of State of The United Provinces, dated the 31st of October, 1710."

And the said Lists being read:

Merchants Petition against the 8th and 9th Articles of the Treaty of Commerce with France.

A Petition of the Spanish, Italian, and Portugal Merchants, Exporters of the Woollen Manufactures and Product of Great Britain, and the Importers of the sundry Merchandizes of those Countries, for the Employment of the Poor, was presented to the House, and read; expressing their Apprehension, "That the 8th and 9th Articles of the Treaty of Commerce between Great Britain and France, should they be rendered effectual, may be greatly detrimental to the Petitioners, and the Commerce, Navigation, and Manufactures of this Kingdom; and praying, that they may be heard, by their Counsel, thereupon:"

It is Ordered, That the said Petition do lie on the Table.

Papers read.

Then several of the aforementioned Papers delivered from the Commissioners of Trade were read; and Ordered, That the Remainder thereof be read on Saturday next.

Excommunication too frequent, to prevent, Bill.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent the too frequent Denunciation of Excommunication, in the Exercise of Ecclesiastical Jurisdiction:"

It is Ordered, That this House shall be put into a Committee thereupon, on this Day Sevennight, at Twelve a Clock.

Ellins' Bill.

Ordered, That the Bill to give Leave to William Ellins to surrender himself to Commissioners of Bankrupts, for the Benefit of his Creditors, be read a Second Time on Tuesday next, at Eleven a Clock.

River Douglas navigable, Bill.

Ordered, That the Bill for making the River Douglas, alias Asland, in the County of Lancaster, navigable, be read a Second Time, on Saturday the Sixth Day of June next, at Twelve a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 29 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lords went to the Abbey Church, Westminster, to hear a Sermon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.