House of Lords Journal Volume 15: 9 January 1696

DIE Jovis, 9 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Cath. Fane's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for enabling the Lady Katherine Fane to sell the Reversion of certain Fee-farm Rents, given to her by her Grandfather John Bence Esquire," as fit to pass, with One Amendment.

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

Stoner's Bill.

The Earl of Bridgewater also reported from the Committee, the Bill, intituled, "An Act for the enabling Thomas Stoner Esquire, Son and Heir of John Stoner Esquire, deceased, to make a Jointure and Settlement of his Estate in Marriage, notwithstanding his Minority," as fit to pass, with One Amendment.

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

Powell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting several Messuages and Lands belonging to Samuel Powell Esquire in Trustees, for Payment of his Debts."

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

It was Resolved in the Affirmative.

Oaths in Ireland, for amending, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for altering Part of an Act made in the Third Year of His present Majesty and the late Queen, intituled, An Act for the abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and Powell's Bill.

A Message was sent to the House of Commons, by Sir John Francklyn and Sir John Hoskyns:

To carry down the said Bills, and desire their Concurrence to them.

Exports and Imports, Account of;

The Earl of Manchester reported from the Committee, appointed to consider of the Papers delivered into this House from the Commissioners of the Customs, "That it is the Opinion of that Committee, That the Commissioners of the Customs do make up an Account every Year of all the Branches of the Trade of this Kingdom, Outwards or Inwards, to the End a perfect and particular Balance of the said Trade may appear; and the said Account to be ready to be laid before this House when called for."

To which the House agreed; and ordered as followeth; (videlicet,)

Annual Account of them to be made out by the Commissioners of the Customs.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Customs do make up an Account every Year of all the Branches of the Trade of this Kingdom, Outwards or Inwards, to the End a perfect and particular Balance of the said Trade may appear; and the said Account to be ready to be laid before this House when called for."

Sir Richard Verney's Petition, claiming a Writ of Summons, as Descendant of L. Willoughby de Broke:

Upon a Question put, "Whether Sir Richard Verney's Petition shall be read?" And it being carried in the Affirmative:

The Petition of Sir Richard Verney Knight, with His Majesty's Reference thereupon to this House, was read, as follows; (videlicet,)

"To the King's most Excellent Majesty.

"The humble Petition of Sir Richard Verney Knight;

"Humbly sheweth,

"That Sir Robert Willughby Knight of the Garter, your Petitioner's Ancestor, whose Heir he is, was summoned to Parliament, as a Baron of this Realm, Anno 7 Hen. VII; the Writ being directed, Roberto Willughby de Broke, Chevalier; and being also summoned to other ensuing Parliaments, died seised of the said Dignity of a Baron, by Writ, to him and his Heirs; to whom succeeded Sir Robert Willughby Knight, his Son and Heir; who being likewise summoned to Parliament, among the Peers of this Realm, Temp. Hen. VIII, sat accordingly, and died seised of the said Dignity, to him and his Heirs: Whereupon the said Dignity came to Elizabeth Lady Grevile, Grandchild, and at length sole Heir, to the said Sir Robert Willughby Knight, the Second Baron of that Name; and, by several Mesne Descents, is now come to your Petitioner, as rightful Heir to Margaret Lady Verney his Grandmother; which Marg't Lady Verney was Grandchild, and at length sole Heir, to the foresaid Elizabeth Lady Grevile.

Your Petitioner therefore humbly prays Your Majesty, That he may have Your Majesty's Gracious Writ of Summons to Parliament accordingly.

"And Your Petitioner shall daily pray for Your (fn. 1) Majesty, &c.

"Richard Verney."

King's Reference:

"William R.

"We are graciously pleased to refer this Petition to the House of Peers, to examine the Petitioner's Claim and Title therein mentioned; and to certify Us how the same shall appear to them, with their Opinion thereupon.

"Given at Our Court at Kensington, the Fourth Day of January 1695, in the Seventh Year of Our Reign.

"By His Majesty's Command.

"Shrewsbury."

Petition to be considered.

Upon reading the Petition of Sir Richard Verney Knight, presented to His Majesty; praying, "That he may have a Writ of Summons to Parliament;" as also His Majesty's Reference thereof to this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Sir Richard Verney shall be considered on Friday the Seventeenth Day of this Instant January, at Eleven of the Clock in the Forenoon; and all the Lords summoned then to attend.

Silver Coinage Bill, Amendments considered.

Then the House proceeded upon the Consideration of the several Amendments made by them to the Bill, intituled, "An Act for the regulating the Coinage of the Silver Money of this Kingdom;" to which Amendments the Commons have disagreed.

And the Amendments preceding the Clause agreed by the Lords to be added to the said Bill, 9 Press, 24 Line, marked (A), being postponed;

The said Clause being read, as follows; (videlicet,)

Clause added by the Lords, for making good the Deficiency of all clipped Money whatsoever, as well as what is paid to the King in Taxes, &c. not insisted upon by them:

"And because there may be more Money remaining in the Hands of the Subjects of this Realm than what is sufficient to be paid to His Majesty for Taxes or otherwise, or that the Possessors of such Money shall not choose to apply the same to the said Uses: Therefore, to the End that the Deficiencies of such clipped or diminished Money may be also ascertained and known, in order to the making them good at the Public Charge in such Manner as may be hereafter provided, be it Enacted, That the same Persons respectively, who are by this Act appointed to try, tell, mark, and weigh, the clipped or diminished Money which shall be paid in for His Majesty's Use, upon the Accompt of Taxes, Loans, or otherwise, shall also try, tell, mark, and weigh, such other clipped or diminished Money as shall be offered to them by the Possessors thereof on or before the Five and Twentieth Day of January which shall be in the Year of our Lord One Thousand Six Hundred Ninety-five; and at the same Time, (Notice having been given as aforesaid) in the Presence of such Possessors, cut, or cause to be cut, to the Middle thereof, every Piece of clipped or diminished Money, which they find to be Sterling Silver, without diminishing the Silver; and what they find to be counterfeit, shall cut into Two Pieces, and immediately deliver back to the Bringer thereof; and shall then set down, in Words at Length as well as Figures, in Two several Books to be provided for that Purpose, the Tale, Weight, and Deficiency of the clipped or diminished Money so cut to the Middle thereof as aforesaid, in Manner following; (that is to say) in one Column of each of the said Books, what the said Money doth amount unto by Tale; and in another Column of the said Books, what is the true Weight of the same Money; and in another Column of the said Books, what is the Deficiency thereof; and in a Fourth Column of the said Books, the Possessors Names, Additions, and Places of Abode; and, after such Entry, shall cause a true Copy thereof, signed and sealed by the said Receiver General, or such other Person or Persons as shall be appointed, and by the Trier, to be forthwith delivered to the respective Possessors of such clipped or diminished Money, together with such his clipped or diminished Money so cut to the Middle thereof, as aforesaid; all which is to be performed without Charge to the Possessor or Bringer of such clipped or diminished Money: And be it further Enacted, That such clipped or diminished Money so cut to the Middle thereof, if good Silver, shall from thenceforth pass in Payments by Weight, according to the present Standard of the Mint, and not by Tale: And be it also Enacted, That every Leaf of the said Books, in which such Entries shall be made, shall be signed by the said respective Receivers and Triers; and One of the said Books shall, before the Tenth Day of January in the Year of our Lord One Thousand Six Hundred Ninety-five, be returned by the respective Receiver General into the Receipt of His Majesty's Exchequer, and the other of the said Books shall remain in the Hands of the Sheriff of every respective County, to the End that the respective Persons to whom Copies of the said Entries have been delivered may have Resort thereto, at reasonable Times, without Fee or Reward."

And, after Debate thereupon,

This Question was put, "Whether this House shall insist upon the abovesaid Clause?

It was Resolved in the Negative.

Protest against that Resolution.

"Dissentientibus,

"Because we conceive, that, in the Bill for new regulating the Coin of this Kingdom, the Commons having taken Care to make good the Deficiencies of such clipped Monies only as were to be paid to the King on the Account of His Majesty's Revenues or Taxes, it was agreeable to common Equity and Honesty, that Provision should be made to supply the Deficiencies of all other clipped Monies whatsoever that were to pass in Payments amongst the Subjects of this Kingdom: And therefore we could not consent to the leaving out this Clause, that had been added to the Bill by the Lords, which had so impartially taken Care of the Benefit and Advantage of the Subject in general, so much for the Honour and Justice of the House of Peers.

"Rochester.
Kingston.
Marleborough.
H. London.
Clifforde."

The Amendments, 11th Press, 13 and 15 Line, being read (concerning the Mints), were postponed.

Clause added by the Lords, that the Officers of the Mint shall receive no Gold to coin for a limited Time, and that no Gold shall be imported, not insisted on by them.

The Clause (B), to be added to the Bill, II Press, 16 Line, being read, as follows:

"And whereas the common People of this Realm, by reason of the Badness of the Silver Coins, do frequently take, and accept in Payment, the Gold Coins at a very high and unusual Rate or Price; which Practice gives Occasion to Foreigners to import their Gold at a very unreasonable Profit, and tends very much to the Damage and Loss of the Public: Be it therefore further Enacted, by the Authority aforesaid, That, from the Tenth Day of January which shall be in the Year of our Lord One Thousand Six Hundred Ninety-five, until the First Day of November next ensuing, the Officers of His Majesty's Mint or Mints shall not receive into the said Mint or Mints any Gold whatsoever to be coined, or shall coin the same for any Person or Persons whatsoever; and that, from and after the said Tenth Day of January, until the said First Day of November, no Coins of Gold whatsoever, whether the same be the Coins of this Realm or Foreign Coins, shall be imported or brought from any Foreign Ports or Places, into the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, under Pain of Confiscation thereof."

The Question was put, "Whether this House shall insist upon the said Clause?"

It was Resolved in the Negative.

And the Clause (C) being also read, as follows; (videlicet,)

Clause added by the Lords, allowing the Exportation of the Coin for a limited Time, not insisted upon by them.

"And be it further Enacted, by the Authority aforesaid, That from and after the Second Day of February which shall be in the Year of our Lord One Thousand Six Hundred Ninety-five, until the End of the next Session of Parliament, it shall and may be lawful for any Person or Persons, Natives or Foreigners, Bodies Politic or Corporate, to export or carry forth of this Realm any coined Money of this Realm, without paying any Customs or other Duties for the same upon such Exportation, making due Entries thereof as for other Merchandize; any Law or Statute to the contrary notwithstanding: Provided always, and be it Enacted, That, from and after the said Second Day of February, until the End of the next Session of Parliament, no other Gold or Silver, in English or Foreign Bullion or Plate, shall be exported or carried out of this Realm, upon Pain that the Exporters thereof shall incur the same Penalties and Forfeitures which by the Laws of this Realm such Persons who export any English Money out of this Realm are to undergo and suffer."

The Question was put, "Whether this House shall insist upon the said Clause?"

It was Resolved in the Negative.

Protest against that Resolution.

"Dissentientibus,

"Because we conceive it inconsistent with the Rules of common Prudence, when the Bill for new regulating the Coin of this Kingdom provides that all the clipped Money shall be re-coined up to the old Standard of the Mint, there should not be a Liberty granted by Law to export the Coin of this Kingdom, whilst the Occasion lasts of supporting so great an Expence for the Armies Abroad; and so long as the Exportation of Bullion is permitted, and that of Coin prohibited, it seems to us undeniable, that the Coin must be melted down again into Bullion; which, we conceive, will be much more prejudicial to the Nation, and not so easily to be drawn back by a Balance of Trade as if that Wealth were preserved in the Coin of this Kingdom.

"Rochester.
Marleborough."

The postponed Amendments, which relate to the Clause marked (A), being severally read, were desisted from; and the Amendment made by the Commons, to the Lords Amendment, 6 Skin, 13 Line, was read, and agreed to.

Then the postponed Amendments made by the Lords, 11 Press, 13 and 15 Lines (concerning the Mints), being read; and Debate thereupon;

This Question was put, "Whether this House shall insist upon their Amendments?"

It was Resolved in the Affirmative.

Committee to prepare Reasons for the Lords insisting on some Amendments to the Bill; and what shall be offered, concerning the Commons denying the Lords a Right of inflicting Pecuniary Penalties.

Lords Committees appointed by the House to draw Reasons, to be offered at a Conference with the House of Commons, for the Lords insisting upon their Amendments made to the Bill, intituled, "An Act for the regulating the Coinage of the Silver Money of this Kingdom," in the 11 Press, 13 and 15 Lines, and what shall be offered at the Conference, in relation to what was said by the Commons at the Close of the last Conference on this Bill; and report to the House.

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) decimum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.