House of Lords Journal Volume 16: 4 May 1699

DIE Jovis, 4 Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sweets, &c. for further Duties on, Bill, and to abate the Duties on Vinegat, &c.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying further Duties upon Sweets; and for lessening the Duties, as well upon Vinegar, as upon certain low Wines and Whale Fins, and the Duties upon Brandy imported; and for the more easy raising the Duties upon Leather; and for charging Cinders; and for permitting the Importation of Pearl Ashes; and for preventing Abuses in the brewing of Beer and Ale, and Frauds in Importation of Tobacco."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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.

Rock Salt; Duties on, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more full and effectual charging the Duties upon Rock Salt."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Newfoundland Trade, for encouraging, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to encourage the Trade to Newfoundland."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Paper, &c. Duty on Bill, Lords Reasons for insisting on their Amendment to it:

The Lord President reported the Reasons drawn by the Managers, for the Lords insisting upon their Amendments to the Bill, intituled, "An Act for laying a Duty upon Paper, Parchment, Vellum, and Pasteboard, for the Purposes therein mentioned," as follow; (videlicet,)

"The Lords insist on their Amendment, Press the 21th, L. 4th, in the Bill:

"1. Because the Reasons given by the Commons, against your Lordships Amendment, do no Ways relate to the Matter contained in the said Amendment.

"2. Because, although there be nothing in the said Amendment relating to Money; yet the Commons have thought fit to take Occasion thereupon to assert a Claim to their sole and entire Right, not only of granting all Aids in Parliament; but that such Aids are to be raised by such Methods, and with such Provisions, as the Commons only think proper; and that the Lords are not to alter any such Right or Grant, or the Methods or Provisions for collecting, raising, or enforcing, the Payment thereof; to which the Lords can by no Means agree, for many Reasons, which they conceive not necessary to be given upon this Occasion; besides that the Practice at this Day is known to be contrary to some of the Assertions made by the Commons to support the said Claim; but if the said Assertions were exactly true without any Exception (which their Lordships cannot allow), yet it could not with good Reason follow from thence, that if the Commons will insert into a Bill for granting Money to the King, a Clause wholly foreign to the granting or raising that Money, that the Lords may not alter or entirely leave out such a Clause."

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

Message to H. C. for a Conference about it.

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

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

Fowle versus Berkeley.

After hearing Counsel, upon the Petition of Robert Fowle Goldsmith, and the Answer of John Berkeley Esquire put in thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of the said Robert Fowle shall be, and is hereby, dismissed this House.

Answer from H. C.

The Messengers sent to the House of Commons for a Conference return Answer:

That the Commons will send an Answer, by Messengers of their own.

Time fixed by the Lords for the Conference elapsed, without an Answer being received from H. C. Committee to consider what is to be done upon it:

The House taking Notice, that the Time for the Conference was past, and no Answer returned from the Commons:

The Lords following were appointed to withdraw, to consider what is fit to be done upon this Occasion:

The House was adjourned during Pleasure.

The House was resumed.

The Lord President reported, as the Opinion of the Committee, "That an Entry be made in the Journal, as followeth:

Entry concerning it.

"The House having agreed upon Reasons to be offered, at a Conference with the House of Commons, upon the Subject-matter of the last Conference, and having demanded a Conference thereupon, to which the Commons had sent Word they would return an Answer by Messengers of their own; and the Lords finding the End of the Session was so very near, as not to allow of a sufficient Time to proceed upon the said Conference; their Lordships have thought fit to give a particular Direction for the entering those Reasons upon their Books; being fully satisfied, that what their Lordships have asserted in those Reasons is so essential and fundamental a Right of the House of Lords, that they can by no Means depart from it."

Sweets, &c. further Duties on, Bill, and to abate the Duties on Vinegar, &c.

Hodie 3^a vice lecta est Billa, intituled, "An Act for laying further Duties upon Sweets; and for lessening the Duties, as well upon Vinegar, as upon certain low Wines and Whale Fins, and the Duties upon Brandy imported; and for the more easy raising the Duties upon Leather; and for charging Cinders; and for permitting the Importation of Pearl Ashes; and for preventing Abuses in the brewing of Beer and Ale, and Frauds in Importation of Tobacco."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

King present.

His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne (the Peers being also in their Robes); commanded the Gentleman Usher of the Black Rod to signify to the Commons, "It is His Majesty's Pleasure, they attend Him presently."

Who being come, with their Speaker; he made a short Speech, relating to the Money Bills to be passed.

Then the Clerk of the Parliaments received the Money Bills from the Hands of the Speaker, and brought them to the Table; where the Clerk of the Crown read the Titles, as followeth; (videlicet,)

Bills passed.

"1. 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."

"2. An Act for the more full and effectual charging the Duties upon Rock Salt."

"3. An Act for laying further Duties upon Sweets; and for lessening the Duties, as well upon Vinegar, as upon certain low Wines and Whale Fins, and the Duties upon Brandy imported; and for the more easy raising the Duties upon Leather; and for charging Cinders; and for permitting the Importation of Pearl Ashes; and for preventing Abuses in the brewing of Beer and Ale, and Frauds in Importation of Tobacco."

To these Bills the Royal Assent was severally pronounced, by the Clerk of the Parliaments, in these Words,

"Le Roy remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

Then the Bills following were passed:

"4. An Act to encourage the Trade to Newfoundland."

"5. An Act to prevent the Exportation of Wool out of the Kingdom of Ireland and England into Foreign Parts, and for the Encouragement of the Woollen Manufactures in the Kingdom of England."

"6. An Act for limiting certain Times, within which Writs of Error shall be brought, for the reversing Fines, common Recoveries, and ancient Judgements."

"7. An Act for continuing the Act for the more easy Recovery of Small Tithes."

"8. An Act for the making and keeping navigable the Rivers of Aire and Calder, in the County of York."

"9. An Act for making and keeping the (fn. 1) River Trent, in the Counties of Leicester, Derby, and Stafford, navigable."

"10. An Act for taking off the remaining Duties upon Glass Wares."

"11. An Act for the continuing the Imprisonment of Counter and others, for the late horrid Conspiracy to assassinate the Person of His Sacred Majesty."

"12. An Act for raising the Militia for the Year One Thousand Six Hundred Ninety-nine, although the Month's Pay formerly advanced be not re-paid."

"13. An Act for making Billingsgate a free Market for Sale of Fish."

"14. An Act to enable such Officers and Soldiers as have been in His Majesty's Service during the late War, to exercise Trades; and for Officers to account with their Soldiers."

"15. An Act for suppressing of Lotteries."

"16. An Act for the better apprehending, prosecuting, and punishing, of Felons, that commit Burglary, House-breaking, or Robbery, in Shops, Warehouses, Coach-houses, or Stables, or that steal Horses."

"17. An Act to enable post humous Children to take Estates as if born in their Fathers Life-time."

"18. An Act for opening the ancient, and making any new, Roynes and Water-courses, in and near Sedgmore, in the County of Somerset, for rendering the said Moor more healthful and profitable to the Inhabitants."

To these Bills the Royal Assent was severally pronounced, by the Clerk of the Parliaments, in these Words; (videlicet,)

"Le Roy le veult."

"19. 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."

"20. An Act for Sale of the Manor of Downham, in the County of Essex (the Estate of Sir Francis Andrews); and for buying and settling other Lands to the same Uses."

"21. An Act for settling Augmentations on certain Vicarages for ever."

"22. An Act for Sale of some Part of the Estate of Sir Thomas Darcey deceased, for Payment of Debts."

"23. An Act for vesting certain Lands of Sir Thomas Seyliard Baronet, in the County of Kent, in Trustees, to be sold, for the Payment of his Sisters Portions charged thereon."

"24. 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."

"25. An Act to enable Edward Price Esquire to transfer a Charge of One Thousand Pounds, for the Use of his Younger Children, from an Estate in the County of Montgomery, to an Estate in the Counties of Hereford and Radnor, of better Value."

"26. An Act to enable Thomas Okeover Gentleman, Son and Heir Apparent of Rowland Okeover, of Okeover, in the County of Stafford, Esquire, together with the said Rowland Okeover, to make a Jointure and Settlement upon the Marriage of the said Thomas Okeover."

"27. An Act to enable Katherine Leeke, an Infant under the Age of One and Twenty Years, to settle and dispose of her Estate upon her Marriage."

"28. An Act to enable the Town of Liverpool, in the County Palatine of Lancaster, to build a Church, and endow the same; and for making the said Town and Liberties thereof a Parish of itself, distinct from Walton."

"29. An Act for the Encouragement of a new Invention by Thomas Savery, for raising Water, and occasioning Motion to all Sorts of Mill-work, by the impellent Force of Fire."

"30. An Act for the confirming of a Grant and Settlement, made by William Forster Esquire, of divers Manors and Lands, in the County Palatine of Durham, and County of Northumberland, to Thomas Lord Fairfax and others, upon certain Trusts and Uses therein mentioned."

"31. An Act for Sale of the Manor of Lordington, alias Lurtington, and Whitway, and divers Lands in the County of Sussex; and for laying out Five Thousand Pounds in purchasing other Lands, to be settled in Lieu thereof."

"32. An Act to enable Thomas Byde Esquire (an Infant, with the Consent of his Guardians and next Relations) to make a Contract for the buying in of his Mother's Jointure; and to sell a small Estate in Great Amwell, in the County of Hertford; and likewise for the securing and raising a Portion for Barbara Byde, Sister of the said Thomas Byde, and for other Purposes in the Act mentioned."

"33. An Act to enable Samuel Wake, alias Jones, Esquire, to sell Lands, to pay Debts; and to purchase other Lands adjoining to, and formerly Parcel of, the Manor of Waltham, alias Waltham Holy-Cross, in the County of Essex, to be settled to the same Uses."

"34. An Act to enable John Bull, an Infant, to sell his Lands in Kent, for the Payment of Debts and Annuities charged thereon; and for Provision of Younger Children."

"35. An Act to enable William Wrayford Gentleman, and Dame Anne Rich Widow, to make Leases of Houses and Ground in Covent Garden, late the Estate of John Athy, Citizen and Haberdasher of London."

"36. An Act for settling divers Freehold and Leasehold Houses, the Estate of Thomas Cowslade, an Infant, and others, to discharge a Mortgage, and to purchase other Lands, to be settled to the like Uses."

"37. An Act for vesting the Real Estate late of Thomas Lascells Esquire deceased, in Trustees, to be sold, for the Payment of his Debts."

"38. An Act for the enabling Cyriac Weslyd Esquire to sell some Part of his Estate, which, by Articles upon his Marriage, was agreed to be settled upon his Wife and Children; and for the settling of other Part of his Estate, of better Value, to the same Uses."

"39. An Act for the vesting and settling the Estate of Anne Bridges, an Infant, in Bermudas, alias The Summer Istands, in America, in and upon Trustees, to be sold; and laying out the Money arising by such Sale in England, for the Use of the said Anne Bridges."

"40. An Act for the Sale of the Manors of Halwill and Beckett, in the County of Devon, the Estate of John Moor, for Payment of Debts."

"41. An Act for the Ships Hawke and Rainbow to trade as English-built Ships."

"42. 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."

"43. An Act for Sale of the Estate of Dudley Vesey, in Hintlesham, in the County of Suffolk, for the Payment of his Debts."

"44. An Act for the Sale of the Estate of Zenobia Hough, for the Payment of the Debts of her Husband, and other Uses."

"45. An Act to enable John Young Gentleman to sell Lands, for Payment of Debts and Legacies."

"46. An Act to enable Trustees to sell Part of the Estate of George Scott Esquire, to pay Debts, and raise Portions for his Brothers and Sister; and to settle other Part of his Estate."

"47. An Act to enable Thomas Methwold Esquire to raise the Sum of Twelve Hundred Pounds upon his Estate, by him laid out in improving the same."

"48. An Act to enable Robert Aldworth and his Wife to sell their Estate, in or near Wantage, in the County of Berks, for raising Three Hundred Pounds, for Payment of his Debts; and for applying the Residue of the Money for purchasing some other Estate, for the sole Use of his Wife and Children."

"49. An Act to discharge the Ships King William and Charles the Second from the Penalties of the Act of Navigation."

"50. An Act for naturalizing Sir David Collier, Isaac La Melionere, Peter de Belcastel, and William Rietourt."

"51. An Act to naturalize Richard Legg and others."

"52. An Act for naturalizing Augustine Cloribus and others."

"53. An Act to naturalize Scipio Guy and others."

"54. An Act for naturalizing Samuel Bernardeau, Peter Chantreau des Gaudree, and others, Private Gentlemen belonging to His Majesty's Three Troops of Guards and Grenadiers."

To these Bills the Royal Assent was pronounced severally, in these Words; (videlicet,)

"Soit fait come il est desiré."

Then His Majesty was graciously pleased to speak as followeth:

King's Speech.

"My Lords and Gentlemen,

"At the opening this Parliament, I told you, My Opinion was, That you were come together with Hearts fully disposed to do what was necessary for the Safety, Honour, and Happiness of the Kingdom; and, having nothing else to recommend to you, I had Reason to hope for Unanimity and Dispatch.

"You have now sat so many Months, that the Season of the Year, as well as your particular Affairs, make it reasonable you should have a Recess. I take it for granted, you have finished all the Bills which for the present you think requisite to be passed into Laws; and I have given My Assent to all you have presented to Me.

"If any Thing shall be found wanting, for our Safety, the Support of Public Credit, by making good the Faith of the Kingdom, as it stands engaged by Parliamentary Securities, and for Discharge of the Debts occasioned by the War, or towards the advancing of Trade, the suppressing of Vice, and the employing of the Poor, which were all the Things I proposed to your Consideration when we met first; I cannot doubt but effectual Care will be taken of them next Winter; and I wish no Inconvenience may happen in the mean Time."

His Majesty, having ended His aforesaid Speech, called unto the Lord Chancellor, and gave him Directions what to say further.

Who, returning to his Place, pronounced these Words, (videlicet,)

Parliament prorogued.

"My Lords and Gentlemen,

"It is His Majesty's Royal Pleasure, that this Parliament be prorogued to Thursday the First Day of June next: And this Parliament is prorogued accordingly to Thursday the First Day of June next."

Letters from the Lords Justices of Ireland, concerning the Proceedings there, in the Suit between the London Society of Ulster, and the Bishop of Derry.

" (fn. 2) Dublin Castle, the 7th March, 169&frac89;.

"Our very good Lord,

"Your Lordship's Letter, written by Order of the most Honourable House of Peers, of the 14th past, desires an Account of what hath been done here, in Pursuance of their Lordships Declaration and Judgement, made the 24th of May last, in the Case of the Society of London, and the Bishop of Derry, whereby it is ordered, adjudged, and declared, "That the Appeal of the Bishop of Derry to the House of Lords in Ireland, from the Decree or Orders of the Court of Chancery there, made in the Cause wherein the Bishop of Derry was Plaintiff, and the said Society were Defendants, was, coram non Judice; and that all Proceedings thereon are null and void; and that the Court of Chancery in Ireland ought to proceed in the said Cause as if no such Appeal had been made to the Lords there; and if either Party find themselves 'grieved by Decrees or Orders of the Chancery in Ireland, they are at Liberty to pursue their proper Methods, by Way of Appeal to the House of Peers in England."

"As soon as the Lord Chancellor came out of England, we shewed his Lordship that Order; and are now by him assured, "That, since our receiving the same, there hath not been any Proceedings in the Chancery here in the Cause between the Bishop of Derry and the Society of London; neither of the said Parties having made Application to the said Court in any Matter relating to that Cause."

"We remain,

"Our very good Lord,

"Your Lordship's

"Most humble Servants.

"Bolton.

"Gallway."

" (fn. 3) Dublin Castle, the 8th April, 1699.

"Our very good Lord,

"It is with great Concern we hear that our Letter to your Lordship of the Seventh past was not satisfactory to the most Honourable House of Peers, which we understand by your last Letter to us, received on the 4th Instant; and that their Lordships do expect a full and particular Account of all that has passed in Ireland, relating to the Case of the Society of London and the Bishop of Derry, since the Order, Judgement, and Declaration of the House of Peers, of the 24th of May last.

"We have not known or heard of any Thing that has passed in this Kingdom, relating to the said Case, since that Time; save only what has been transacted in the House of Lords here, during their late Session, and what has happened in the Execution of the Orders conceived by them. We did therefore, on Receipt of your Lordship's said Letter, require from the Speaker of that House, an Account of their Proceedings, in relation to the Case of the Society of London and Bishop of Derry, since the 24th of May last, which your Lordship will find fully and particularly stated in his Report, herewith enclosed; and we are assured, that, in Pursuance of the Orders therein mentioned, the Tenants of the Society have been turned out and dispossessed, by the Coroners of London Derry, from the Lands in Dispute between the said Society and the Bishop of Derry; and that the Possession thereof has been delivered to the said Bishop or his Agent; and that likewise the Two present Sheriffs of London-derry were taken into Custody by the Servant or Officer of the House of Lords appointed for that Purpose; which was done upon his Arrival at that Place about Midnight; and in a Manner somewhat extraordinary; Lieutenant Colonel Livesay, who commanded the Soldiers at that Time quartered in London-derry, having officiously intermeddled in that Matter: Upon Notice whereof, we then sent for him hither, where he remained in Consinement, till, having examined into the Matter, we suspended him from his Command and Pay, under which Suspension he still continues.

"This being the most full and particular Account we are able to give of what hath passed in Ireland; relating to the Case of the Society of London and Bishop of Derry; we have only to add, that we are,

"Our very good Lord,

"Your Lordship's

"Most humble Servants,

"Bolton.

"Gallway."

Letter from the L. Chancellor of Ireland, to the Lords Justices there, on the same Subject.

"May it please your Excellencies,

"In Pursuance of your Excellencies Letter of the Fourth Instant, requiring me to give a full and particular Account of all that hath passed in the House of Lords in Ireland, relating to the Case of the Society of London and the Lord Bishop of Derry, since the 24th of May, 1698: It is necessary that I should inform your Excellencies, that the House of Lords, upon the Appeal of the Bishop of Derry against the Society, did, the 24th of September, 1697, order, "That the Sheriffs of the City and County of Londonderry should deliver the Possession of the Lands then in Question unto the Bishop of Derry, or his Order;" and that, on the 30th of November, 1697, on the Complaint of the Lord Bishop of Derry against the several Under-tenants of the said Lands, for a Breach of Privilege, and on the Oath of Richard Anderson, examined at the Bar of the House, who deposed, "That the Sheriffs of the City and County of Londonderry did put the Bishop of Derry into Possession of the said Lands; but the several Under-tenants of the said Lands did afterwards enter into and continue in the Possession of the said Lands;" the Lords ordered, "That the Sheriffs of Derry and County of London-derry should put the Lord Bishop of Derry, or his Attorney, again into the actual Possession of the said Lands, and quiet him in the Possession of the same."

"On Wednesday the 2d of November, 1698, on the Examination of Richard Anderson and Henry Greene, the Lords ordered, "That the Serjeant at Arms should apprehend and take the Bodies of Joseph Morrison and John Dixon, late Sheriffs of the City and County of London-derry, and of Albert Hall and Robert Gambell, the then Sheriffs of the said City and County of London-derry, for a Contempt committed against their House, in not obeying of their Order of the 30th of November, 1697."

"Upon the 12th of November, 1698, the Lords ordered, "That the Serjeant at Arms should apprehend and take the Bodies of any Six of the Persons named in that Order, who were the several Under-tenants of the said Lands in Question, to answer a Breach of Privilege complained of by the Lord Bishop of Derry, in their disturbing his Lordship's Possession in the said Lands."

"On the 18th of November, 1698, the Lords ordered, "That the Coroners of the City and County of London-derry should put the Bishop of Derry into the actual and peaceable Possession of the said Lands in Question."

"On the 19th of November, 1698, the Lords ordered, "That the Serjeant at Arms should apprehend and take the Body of John Campbell, for a Breach of Privilege by him committed against their House, in serving the Bishop of Derry with an Order of the House of Lords in England, and bring him in Custody to the Bar of their House."

"On the 1st of December, 1698, Albert Hall and Robert Gambell, Sheriffs of London-derry, then in Custody, petitioned the House; and their Petition was ordered to lie on the Table; and on the Second of January following, being brought to the Bar of the House, and reprimanded by the Speaker, they were discharged out of Custody.

"On the 3d of December, 1698, on a Complaint of the Bishop of Derry, of a Breach of Privilege committed, in opposing the Coroners in giving his Lordship Possession of the said Lands, and on the Oath of Giles Gifford; the Lords ordered, "That the Serjeant at Arms should apprehend and take the Bodies of Samuel Curry, James Curry, Samuel Crawford, Samuel Bohannan, and William Alexander, for a Breach of Privilege by them committed, in opposing the Coroners in giving the Bishop of Derry Possession of the said Lands; and that the Gaoler of London-derry should deliver into the Custody of the Serjeant at Arms the Bodies of the said several Persons, if they should be in the Custody of the said Gaoler."

"This, my Lords, is the most exact Account I am able to give of what passed in the House of Lords in Ireland, relating to the Case of the Society of London and the Bishop of Derry; which I therefore humbly lay before your Excellencies, this 8th Day of April, 1699.

"J. Methwen, C."