House of Lords Journal Volume 16: 10 February 1700

DIE Sabbati, 10 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Address about the Scotch Settlement at Darien:

The Earl of Rochester reported from the Lords Committees appointed to draw an Address to be presented to His Majesty, upon the Resolutions and Debate of the House, relating to the Settlement of the Scotch Colony at Darien, the Address drawn by them.

After reading whereof, and Debate thereupon:

This Question was put, "Whether this House shall agree to the said Address?"

It was Resolved in the Affirmative.

"We, the Lords Spiritual and Temporal in Parliament assembled, being, according to our Duty, ever solicitous for the Preservation and Increase of the Trade of this Kingdom, on which the Support of Your Majesty's Greatness and Honour so much depends, as well as the Security and Defence of Your People, have been very apprehensive, that the Steps lately made towards a Settlement of Your Subjects of the Kingdom of Scotland at Darien may tend to the great Prejudice of this Nation, and possibly to the Disturbance of that Peace and good Correspondence with the Crown of Spain, which, we conceive, is very advantageous to us all: We have, therefore, taken the same into our serious Consideration, as a Matter of the greatest Importance, and proper to be laid before Your Majesty, as the common Father of both Countries: And as we are truly sensible of the great Losses our Neighbour Kingdom hath sustained, both of Men and Treasure, in their Expeditions to that Place, which we very heartily lament; so we should not endeavour, by any interposition of ours, to defeat the Hopes they may still entertain of recovering those Losses, by their further engaging in that Design, but that we judge such a Prosecution on their Parts must end, not only in far greater Disappointments to themselves, but at the same Time prove very inconvenient to the Trade and Quiet of this Kingdom.

"On this Occasion, we humbly presume to put Your Majesty in Mind of the Address of both Houses of Parliament, presented to (fn. 1) His Majesty on the Seventeenth Day of December One Thousand Six Hundred Ninety-five; in the Close of which Address, Your Majesty will see the unanimous Sense of this Kingdom, in relation to any Settlement the Scots might make in The West Indies by virtue of an Act of Parliament passed about that Time in the Kingdom of Scotland, which was the Occasion of the said Address.

"And we humbly represent to Your Majesty, that, having received Information of some Orders Your Majesty had sent to the Governors of the Plantations on this Subject, this House did, on the Eighteenth of January last, come to this Resolution, "That Your Majesty's Pleasure, signified to the Governors of the Plantations, in relation to the Scotch Settlement at Darien, was agreeable to the Address of both Houses of Parliament, presented to Your Majesty on the Seventeenth of December One Thousand Six Hundred Ninety-five."

"And, on the Eighth Day of this Instant February, this House came to this further Resolution, "That the Settlement of the Scotch Colony at Darien is inconsistent with the Good of the Plantation Trade of this Kingdom."

"All which, we humbly hope, Your Majesty will take into Your Royal Consideration. And we are confident, that Your Majesty cannot be thought too partial to the Address of this House, if Your Majesty shall, in the First Place, consider the Advantage and Good of the Trade of this Kingdom; by the Preservation and Improvement of which; both these Kingdoms, and all Your other Dominions, must principally on all Occasions be defended.

Protest against it.

Dissentient,
Halifax.
Abingdon.
Normanby.
Nottingham.
De Longueville.
Torrington.
Weymouth.
Jeffreys.
Dartmouth.
Willughby.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, with the Address of this House.

Union between England and Scotland.

The House being moved, "To appoint a Time for taking into Consideration an Union between England and Scotland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Motion shall be taken into Consideration upon Tuesday next, at Eleven of the Clock; and all the Lords summoned to attend.

Butler's Bill.

The Lord Ferrers reported from the Lords Committees, the Bill, intituled, "An Act to enable Henry Butler Esquire to make Leases of Part of his Estate in Lancashire, for discharging of Incumbrances thereupon," as fit to pass, with One Amendment.

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

Bond's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the settling all Differences concerning the Lady Bond's Will, and for performing the same."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Mr. Justice Powell to assist.

Their Lordships, or any Five of them; to meet on Monday the Six and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Riddel's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling the Manor of Fenham, in the County of Northumberland, for the Payment of the Debts of Thomas Riddell Esquire, and Edward Riddell his Son, and raising Portions for the Daughters of the said Thomas Riddell."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed; whose Lordships are to meet at the same Time and Place.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Richard Onslow and others:

Who brought up a Bill, intituled, "An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom;" to which they desire the Concurrence of this House.

Vandertyd & al. Nat. Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Francis Vandertyd and Agneta Vander-Mersch," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Vandertyd and Agneta VanderMersch."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and desire their Concurrence to their Lordships Amendments.

J'anson's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Bryan J'anson deceased, for Payment of Debts, and Provision for his Wife and Children."

Holman's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to supply the Loss of certain Indentures of Lease and Release, heretofore made by Philip Holman Esquire, since deceased, to George Holman his Son, now also deceased."

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 Rich'd Holford and Mr. Meredith:

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

Jackson versus Warren:

After hearing Counsel at the Bar, upon the Petition and Appeal of Samuel Jackson, Executor of John Warren Esquire deceased, from an Order made in the Court of Chancery in Ireland, the Eleventh of February, One Thousand Six Hundred Ninety-eight, on the Behalf of Hugh Warren, over-ruling a Plea put in by the Appellant to a Bill exhibited by the said Hugh Warren; as also upon the Answer of the said Hugh Warren put in thereunto:

Judgement.

Added, per Ord. 19 Feb. 1699.

After due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order complained of in the said Petition shall be, and is hereby, reversed; and that the Plea of the Appellant be allowed: And it is also further ORDERED, by the Consent of the Appellant Samuel Jackson, and the Respondent Hugh Warren, That the Enrolment of the Decree in the original Cause between the Appellant and Respondent in the Court of Chancery in England, and of the Dismission in the cross Cause, be laid open, in order to the Re-hearing both Causes in the same Court; and that the Respondent Hugh Warren, upon his giving sufficient Security in the said Court of Chancery, to perform such Order and Decree as shall be made there upon the Re-hearing of the said Causes, shall be discharged from the Prison of The Fleete, to which he now stands committed: And that there shall be no Proceedings in Ireland until after the Re-hearing of the Causes here, so as the Respondent procure the Causes to be heard before the Ninth Day of March next.

Adjourn.

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