House of Lords Journal Volume 16: 26 April 1699

DIE Mercurii, 26 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Common Pleas, sat Speaker.

E. Warwick takes the Oaths.

Edward Earl of Warwick and Holland took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Salter et al. against the Bill for freeing the Ships K. W. and C. II. from Penalties.

Upon reading the Petition of William Salter and Charles Robertson, Officers of His Majesty's Customs in the Port of London; praying, "That they may be heard, before the passing of the Bill, intituled, An Act to discharge the Ships King William and Charles the Second from the Penalties of the Act of Navigation:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, as desired, on Friday the Eight and Twentieth Day of this Instant April, at Eleven of the Clock in the Forenoon; and also any other Persons who shall think themselves concerned therein.

Supply Bill;

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty the Sum of One Million Four Hundred Eighty-four Thousand and Fifteen Pounds, One Shilling, Eleven Pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions."

After some Time, the House was resumed.

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

To which the House agreed.

ORDERED, That the said Bill be read the Third Time To-morrow, at Eleven of the Clock in the Forenoon.

Seymours and Conway's Bill:

Whereas, by an Order of the Twentieth of April, One Thousand Six Hundred Ninety-eight (which this House hath caused to be entered among the Standing Orders of this House), it was ORDERED, "That when any Committee shall be appointed on a Private Bill, Notice thereof shall be affixed on the Doors of this House, Fourteen Days before the Meeting of the said Committee;" and whereas a Bill, intituled, "An Act to enable Popham Conway, Francis Seymour, and Charles Seymour, Esquires, and their Issue Male, severally and successively, to make Leases of their Estates;" was, pursuant to the said Order, committed, to meet on the Fifth Day of May next:

Standing Order for Committee not to meet without Fourteen Days Notice, dispensed with.

The House being this Day moved, "That, in regard this Session of Parliament may probably end before that Time;" and forasmuch as this House is informed "that all Persons concerned in the said Bill are consenting thereto, and desirous the same may pass;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Committee shall meet To-morrow, at Ten of the Clock in the Forenoon, to take the said Bill into Consideration, notwithstanding any former Order of this House to the contrary.

London Society of Ulster versus Bp. of Derry.

Upon reading the Petition of the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in the Kingdom of Ireland; shewing, "That they exhibited a Petition to this House, the Four and Twentieth of March last, complaining of the Proceedings of the Bishop of Derry in Ireland, in obtaining Possession of several Lands and Tenements in the said Kingdom, contrary to an Order of this House of the Four and Twentieth of May last, and imprisoning of several Persons, who acted on Behalf of the Petitioners in Pursuance of the said Order; and that the Possession of the Petitioners Lands and Tenements are still withholden and detained from them by the said Bishop, in Breach of, and contrary to, the said Order; and praying an Order to put and keep the Petioners in the quiet Possession of the Premises:"

Upon Consideration whereof, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor, or Commissioners for executing the Office of Lord Chancellor of Ireland, shall forthwith give Order, That the Petitioners and their Tenants be restored unto, and kept in, the quiet Possession of, the Premises in Question, as they were at the Time of making of the Orders and Decree in this Cause by the Court of Chancery in Ireland, from which the said Bishop of Derry appealed to the House of Lords there.

Contractors for Half-pence, &c. against the Bill to prevent their being coined.

Upon reading the Petition of the Contractors for making Copper Half-pence and Farthings; praying to be heard, before the passing of the Bill, intituled, "An Act to prevent the coining of Half-pence and Farthings for One Year longer:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, as desired, on Saturday the Nine and Twentieth Day of this Instant April, at Eleven of the Clock in the Forenoon.

Message from H. C. to return Pulteney's Bill.

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

To return the Bill, intituled, "An Act for the enabling the surviving Trustee of Sir William Pulteney Knight deceased to make Leases, for the raising Monies, for Payment of his Son William Pulteney's Debts, and other Purposes therein mentioned;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments, being read Twice, were agreed to; and ORDERED, That the Commons have Notice thereof.

Ward et al. versus E. of Meath.

The House this Day taking into Consideration the Plea of Edward Earl of Meath and his Wife, to the Petition and Appeal of Edward Ward Esquire and others, the Twentieth of April Instant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plea, shall be, and is hereby, overruled and set aside; and that the Earl of Meath, or his Agent here in Town, do put in an Answer to the said Petition on Friday next: And it is further ORDERED, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday next, at Eleven of the Clock in the Forenoon.

Heads for a Conference, on the Lords insisting on their Proviso to the Billingsgate Bill.

The Earl of Bradford reported from the Lords Committees, appointed to draw what shall be offered, at a Conference with the House of Commons, for their Lordships insisting on their Proviso (A) added to the Bill, intituled, "An Act for making Billingsgate a free "Market for Sale of Fish," as follows.

"1. Whereas it is said by the Commons, that the Demand of Cod and Ling, mentioned in the Proviso added by the Lords, is a Discouragement to the Fishery; their Lordships do conceive the contrary, for that the Contracts anciently made, in the Reigns of H. VIII. and K. J. I. with the Merchants trading to Westmony and Iseland, on which the Kings of England have ever since received their Cod Fish and Ling, were made in Favour of the Traders, and to encourage them to trade; for thereby the Kings gave the Merchants trading a full Satisfaction for their Fish, by remitting to them the Custom of their Salt for the curing of their Fish; and moreover did oblige Themselves to furnish them with a Man of War, for their Convoy, if Occasion required.

"2. The Lords do conceive, this Duty can be no Discouragement to the Fishery, since One Hundred Fish were never demanded out of any Vessel that brought less than Three Thousand Fish; and the King, by His Contract, hath no more of a Vessel that brings Ten Thousand, or Twenty Thousand Fish, which for the most Part they do; neither do the King's Officers cull out the Fish, or any Ways disturb the Owner; but the Meter throweth out Two Hundred Fish, out of which the King's Yeoman of His Salt Stores takes One Hundred.

"3. The Lords cannot find that ever this Duty was controverted, when in the Collection of the King's Officers; or that any Complaint hath been made, that the Custom of Salt hath ever been demanded of the Fishermen in this Case.

"4. The Lords do conceive, that what is yielded by Way of Contract and Agreement, cannot be called an Imposition, or be a Wrong to any body.

"5. Whereas it is said, if this Amendment should pass into a Law, it would give too much Countenance to such a Demand, and consequently be directly contrary to the Intent of the Bill: The Lords do find, that this Duty is established by a Law already, in the 5th Year of Q. Eliz. and the 5 Chap.; and only propose by this Proviso, that this Act may not take it away. For these Reasons, therefore, the Lords do hope, that the Commons will agree to the Proviso."

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

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

To desire a Conference, upon the Subject-matter of the last Conference, To-morrow, at One of the Clock in the Afternoon, in the Painted Chamber.

Burford to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Joel Burford and Moses Greenaway, who seized the Ship Charles the Second, do attend this House on Friday next, at Eleven of the Clock in the Forenoon.

Sir David Collier et al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Sir David Collier, Isaac La Melionere, Peter de Belcastel, and William Reiatore."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Ship Hope to trade as a free Ship, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Ship Hope (of great Length, and very serviceable for bringing Masts into this Kingdom) to trade as an English-built Ship."

ORDERED, That the Consideration of the said Bill be committed to the same Committee to whom Mr. Conway's Bill stands committed.

Hough's Bill.

The Lord Bishop of Chester reported from the Lords Committees, the Bill, intituled, "An Act for the Sale of the Estate of Zenobia Hough, for the Payment of the Debts of her Husband, and other Uses," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of Zenobia Hough, for the Payment of the Debts of her Husband, and other Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendment to it.

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

To return the said Bill, and desire their Concurrence to their Lordships Amendment, made therein.

Answer from H. C. about the Conference on the Billingsgate Bill.

The Messengers sent to the House of Commons, return Answer:

That the Commons do agree to a Conference with this House, upon the Subject-matter of the last Conference, To-morrow, at One of the Clock, in the Painted Chamber.

ORDERED, That the Lords who drew the Reasons be Managers of the Conference.

Adjourn.

Georgius Treby Miles, Capitalis Justiciarius Com. Placit. declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, (videlicet,) vicesimum septimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.