House of Lords Journal Volume 17: 2 March 1704

DIE Jovis, 2 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Ranelagh's Answer to Observations of Commissioners of Accompts.

This Day Mr. Bryan Murchtagh delivered, at the Bar, the Answer of Richard Lord Ranelagh, to the Observations of the Commissioners of Accompts.

ORDERED, That this Answer be referred to the Lords Committees appointed to consider of the Observations, and other Answers, formerly delivered to this House.

Baesh & Ux. versus Moore & al.

After hearing Counsel, upon the Petition and Appeal of Sir Edward Baesh Knight and Dame Anne his Wife, from a Decretal Order made in the Court of Chancery, the Ninth of July One Thousand Six Hundred Ninetyseven, and a subsequent Order of the Two and Twentieth Day of December One Thousand Six Hundred Ninety-seven, in a Cause wherein John Moore Gentleman and Mary his Wife, Administratrix of Edmund Hussey Gentleman deceased, were Complainants, against the said Sir Edward Baesh and his Wife, Anne Waad Widow and Relict of William Waad deceased, Richard Hinde and Robert Hinde Executors of Samuel Hinde, and others, were Defendants; and praying, "That the said Decretal Order and Judgement of the Court of Chancery (so far as the same extends to charge the Premises mentioned in the Petition, recovered at Law by the Petitioners, farther than by Law they are charged by Force of the said Mortgage in the Petition mentioned) may be reversed in that Particular:" As also upon the Answer of John Moore and Mary his Wife put in thereunto; and of the Answer of Richard Hinde, surviving Executor of Samuel Hinde, who was declared Respondent to the said Appeal, by Order of this House, of the Eight and Twentieth of January last, upon the Petition of Sir Edward Baesh and Dame Anne his Wife; and due Consideration of what was offered thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Decretal and subsequent Orders complained of in the said Appeal shall be rectified, by adding thereto the Words following; (videlicet), "That the mortgaged Premises shall stand charged with what shall be found due thereupon, against any Title the Defendants Baesh and his Wife claim, by, from, or under, the said William Waad, in the Appeal mentioned."

Queen's Answer to Address, concerning Boucher.

The Duke of Bolton reported Her Majesty's Answer to the Address of this House, presented to Her Majesty Yesterday, in relation to Boucher, as followeth; videlicet,

"I shall encourage him to be ingenuous in his Confession; and, if he be so, will pardon him."

Address for a Fleet to be immediately fitted out, for Home Service.

The Earl of Rochester, pursuant to the Order of the Day, reported an Address drawn by the Lords Committees appointed to consider of the several Papers delivered in to this House from the Admiralty-office.

Which was read, as followeth:

"We, Your Majesty's most dutiful and loyal Subjects the Lords Spiritual and Temporal in Parliament assembled, humbly acquaint Your Majesty, That we are informed by a Committee of our own Body, to whom we referred the Consideration of several Papers delivered in to this House from the Admiraltyoffice, relating to the present Condition of the Navy, That they had desired his Royal Highness Prince George of Denmarke, Lord High Admiral of England, to cause to be laid before their Lordships an Account, in Writing, what Number of Ships, fit for Home Service, may be got ready and manned within Twenty Days; to which the said Committee received in Answer a Paper, intituled,

"A List of such Ships of Her Majesty's as are now at Home in Sea Pay; with an Account which of them are designed on Foreign Service, and what Number of Men they want, to make up their allowed Complements, according to the last Musters:"

"Whereby it appears, that Sixty-two Ships, from the Second to the Sixth Rate, are now designed for the Home Service, which want the Number of Three Thousand One Hundred Forty-nine Men, to make up their allowed Complements; and that One and Thirty Ships, from the Second to the Sixth Rate, designed on Foreign Service, want the Number of Two Thousand Three Hundred Thirty-two Men, to make up their allowed Complements; to which is added, in the Close of the said Paper, that, by the foregoing List, it will appear, that several of the Ships are in Want of considerable Numbers of Men, to make up their Complements; their Captains have Press Warrants, with strict Orders to endeavour to get what Men they can; but it is very uncertain, by what Time they will be able to get such a Number as will put them into a Condition to proceed to Sea; and, for that Reason, it is impossible to inform the said Committee, how many of them can be got ready and manned for Home Service in Twenty Days.

"Which we having taken into our serious Consideration, and judging it highly necessary, though at present, by reason of the great Want of Men, the allowed Complements for the whole Number of Ships cannot be depended on, yet that there should be a Strength at Sea for the Defence of the Kingdom in this Conjuncture, do think it an indispensable Duty incumbent on us, to make this humble Application to Your Majesty, desiring that You would be pleased to give speedy and effectual Orders, that such a Number of Ships, proper for the Home Service, may be forthwith got ready and manned; as may be competent to provide for the Security of the Nation, and protect the Trade of it, together with a regular Convoy for the Coasters and Colliers; without which, we conceive, these Matters of so great Importance to the Safety of Your Majesty, and the Peace of the Kingdom, as well as the Naval Stores, and such Ships of War as cannot be immediately fitted out to Sea, lie daily exposed to any Insult from Your Majesty's Enemies."

House to attend the Queen with it.

To which Address the House agreed; and ORDERED, That the whole House do attend Her Majesty with the said Address.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, the Lords with White Staves do attend Her Majesty, humbly to know, what Time Her Majesty will please to appoint, for this House to attend Her with their Address.

The Lord Haversham reported from the Lords Committees appointed to consider of the Petition of Charles, James and Richard Hore, as followeth; (videlicet,)

Report upon Hore's Petition of Abuses in Victualing the Navy.

"By the Lords Committees appointed to consider of the Petition of Charles, James and Richard Hore, relating to several Abuses in the Victualing Her Majesty's Navy:

"ORDERED, To report,

"That it appeared to their Lordships, That a Petition was presented, by Charles Hore, to the Council of His Royal Highness Prince George of Denmarke, Lord High Admiral of England, on the Third of February 17023;, complaining of great Abuses and Frauds committed in the Victualing of Her Majesty's Navy; and representing, that, without a speedy and strict Inspection, it would be impossible to detect those Abuses, or prevent the dangerous Effects thereof; and therefore praying, That His Royal Highness will please to order an immediate Survey of the Provisions for the Fleet to be made, by proper and fitting Persons, who have no Dependance on the Navy or Victualing-office, and make Report to His Royal Highness of the State of the Victualing; and that the Petitioner may have his Royal Highness's Protection for his Witnesses till heard; a List of whose Names he is ready to deliver, they being daily threatened to be pressed into the Service, in order to stifle this Complaint.

"Upon the Eighth of February, several of Mr. Hore's Witnesses, on his Petition, were protected by the Prince from being pressed.

"Upon which Petition, his Royal Highness gave an Order, on the Ninth of February 17023;, to Sir Cloudesley Shovel and Sir Richard Haddock, requiring them forthwith to survey the Provisions complained of, in which they Should be attended by Mr. Hore, or others he should bring. His Royal Highness also gave an Order to the Lord Marquis of Carmarthen, on the Eleventh of February following, to assist Sir Cloudesley Shovel and Sir Richard Haddock, in taking the aforesaid Survey.

"That the Prince's Council was sensible of the Necessity of an immediate Survey, appears, not only from the Tenor of the Prince's Order, but also by their ordering their Solicitor to attend a Justice of Peace in taking the Affidavits of Twenty Evidences for the Queen, of which Justice Rider swore and examined Seven on the Tenth and Eleventh of February 17023;.

"And yet that the Prince's Council knew this Order was not put in Execution, is evident, by several Letters that passed between Mr. Hore and Mr. Birchet Secretary to the Admiralty; Mr. Hore insisting, "That the Persons who had desired to be present, would not attend at the Survey, unless they were empowered by the Admiralty;" and Mr. Birchet acquainting Mr. Hore, "That such a Power was not judged either reasonable or proper to be granted."

"But, on the Six and Twentieth of February following, his Royal Highness gave another more express and peremptory Order to Sir Cloudesley Shovel and Sir Richard Haddock; requiring them to survey the Provisions complained of within Four Days, though Mr. Hore or any other should not attend them.

"Which Order likewise the Prince's Council knew was not executed; as appears by a new Order of the Nineteenth of April following, directed to the Navy Board, requiring them to report which of the Members of Trinity House were fittest to be employed, in Conjunction with my Lord Carmarthen and others, to survey the Provisions.

"And on the Three and Twentieth of April, there was another Order, directed to the Lord Carmarthen, &c. to take a strict Survey of the Provisions complained of; which Order the Prince's Council knew also was not executed.

"For, on the Thirtieth of the same April, they granted the last and most peremptory Order to the Lord Carmarthen and others, requiring them to take a strict Survey of the Provisions complained of without Mr. Hore, if he still should refuse to attend the same; upon which, a Survey was accordingly taken in a few Days after.

"So that, from the Date of the First Order to the Date of the last and peremptory Order, there was near Three Months.

"Upon the Whole, their Lordships are of Opinion, That the Prince's Council, in not commanding an immediate and strict Survey of Her Majesty's Provisions for the Fleet, upon such a Complaint, according to his Royal Highness's Order of the Ninth of February 1702/3, but suffering a known Delay thereof till the Thirtieth of April following, gave not only too great Discountenance to a Complaint of that Nature and Consequence, but also near Three Months Opportunity for removing what tainted and stinking Provisions there might be then in the Store-houses, or so changing the State thereof, that the Frauds and Abuses complained of might thereby very easily be covered."

After Debate thereupon;

The Question was put, "Whether this House do agree to the Report?"

It was Resolved in the Affirmative.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.