Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 18 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Roger Crowle Esquire, deceased, in Trustees, for raising Portions for his Younger Children, in regard he (being a Lunatic) could not execute a Power in his Marriage Settlement for that Purpose."
ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hitchcock & al. versus Sedgwick.
A Petition of George Hitchcock Esquire, Anne Fontaine Widow, Wm. Bird, Thomas March, Robert Mitchell, Charles Mitchell, Merchants, John Harvey Esquire, Elizabeth Parr Widow, and others, Creditors of Richard Slaney, a Bankrupt, being this Day offered to the House:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, rejected.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing several former Acts for punishing Officers and Soldiers who shall mutiny, or desert His Majesty's Service; and for punishing false Musters, and for Payment of Quarters for One Year longer."
L. Fairfax & al. versus E. of Derby.
Upon reading the Petition of Charles Lord Fairfax, of Emuli in the Kingdom of Ireland, and Colonel Ralph Widrington; praying, "That they may be at Liberty to examine Witnesses, to prove the Will of Wm. Stanley and the Will of the late Lord Widrington, to whom the Earl of Derby claims to be Heir at Law:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall have Liberty (the Earl of Derby having consented) to examine Witnesses to prove the said Wills, giving reasonable Notice, as in like Cases is usual.
Address for Remedies to be provided for Inconveniencies to Trade in the Proprietary Governments and other Colonies.
The Earl of Rochester reported from the Committee appointed to consider of the State of the Trade of this Kingdom, the Address drawn by them, pursuant to the Order Yesterday.
Which was read, and agreed to, as follows; (videlicet,)
"We, the Lords Spiritual and Temporal in Parliament assembled, having taken into our Consideration the State of the Trade of this Kingdom, with reference to the Plantations in The West Indies, have found many great Abuses of the several good Laws that have been made for the Government of the said Plantations, and very illegal Practices continually carried on, to the great Detriment of this Kingdom, and the lessening of Your Majesty's Customs here; and particularly, that the Act passed in the Eighth Year of Your Majesty's Reign hath been greatly obstructed in the observing the Rules therein appointed, by the Non-compliance of some of the Proprietors of several great Tracts of Land granted by Your Majesty's Predecessors where the Governors are not immediately nominated by Your Majesty, as also by the Remissness or Connivance of Your Majesty's own Governors:
"Towards the remedying of which great Abuses for the present, we humbly address to Your Majesty, that, besides the Instructions usually presented to Your Majesty for Your Royal Signature to be sent to the respective Governors of the Plantations, Your Majesty may be pleased, as a further Incitement to a stricter Performance of their Duty to Your Majesty, at the Close of all the rest of your Instructions, that this following Direction, or to this Effect, may be signified as Your Majesty's Royal Pleasure to every One of the said Governors, and to the several Proprietors and other Governments where the Governors are not immediately nominated by Your Majesty:
"And whereas, notwithstanding the many good Laws made from Time to Time, for preventing of Frauds in the Plantation Trade, which have been enumerated in these and former Instructions, it is manifest that very great Abuses have been, and continue still to be practised, to the Prejudice of the same; which Abuses must needs arise either from the Insolvency of the Persons who are accepted for Security, or from the Remissness or Connivance of such as have been or are Governors in the several Plantations, who ought to take Care that those Persons who give Bond should be duly prosecuted in case of Non-performance: You are to take Notice, that We take the Good of Our Plantations, and the Improvement of the Trade thereof, by a strict and punctual Observance of the several Laws in Force concerning the same, to be of so great Importance to the Benefit of England, and to the advancing of the Duties of our Customs here, that, if We shall be hereafter informed that at any Time there shall be any Failure in the due Observance of these Our present Instructions, by any wilful Fault or Neglect on your Part, We shall look upon it as a Breach of the Trust reposed in you by Us, which We shall punish with the Loss of your Place in that Government, and such further Marks of Our Displeasure as We shall judge reasonable to be inslicted upon you for your Offence against Us, in a Matter of this Consequence, that We now so particularly charge you with.
"And that Your Majesty will be pleased further to direct, that the several Proprietors of the Plantations where Your Majesty hath no Governors of Your own Nomination may enter into Security here, that their respective Deputy Governors shall, from, Time to Time, observe and obey all Instructions that shall be sent to them from Your Majesty, or any acting under Your Authority, pursuant to the several Acts of Trade relating to the Plantations.
"And whereas the Colonies of Connecticut, of Roade Island, and Providence Plantation, have their Governors and Assistants chosen Annually by the People there, are become a great Receptacle for Pirates, and carry on several illegal Trades, contrary to the Acts for the Government of the Plantations, which said Colonies have no Proprietors here in England; that Your Majesty would be pleased to take Care, that the Governors in these several Places be likewise obliged to give Security to observe and obey all such Instructions as shall be sent to them from Your Majesty, or any acting under Your Authority."
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.
Precedents of Penalties imposed by the Lords.
The Lord President reported some Precedents in relation to Penalties, pursuant to the Order Yesterday.
Which were read, and are as follow; (videlicet,)
"5° Eliz. An Act for Relief of the Poor, began with the Lords.
"31° Eliz. For reviving a former Act in 23° Eliz. for repairing of Dover Haven, began likewife with the Lords.
"Both which have Penalties in them.
"Anno 1660. A Poll Bill, wherein certain Persons were charged Double by the Commons, and particularly Romish Recusants; but there was an Abatement made by the Lords of that Charge upon the Recusants; which was agreed to by the Commons, and the Bill passed with the said Amendment.
"Anno 1661. Upon a Bill for repairing Highways there were divers Conferences; in which the Matter of Rates and Penalties was insisted on, so as the said Bill was lost.
"Anno 1671. There were also divers Conferences about the Lords lowering of Rates laid upon Sugars; in which both Houses also insisted upon their several Rights, by which that Bill also was lost."
Message to H.C. for a Free Conference, about the Bill for prohibizing India Silks, &c.
A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Richard Holford:
To let the Commons know, the Lords have confidered of their Message on Tuesday last, for a Free Conference, upon the Subject-matter of the last Conference, upon the Lords Amendments made to the Bill, intituled, "An Act to restrain the wearing of all Wrought Silks and Bengalls imported into this Kingdom from Persia and East India, and all Callicoes printed or stained there;" that the Lords agree to a Free Conference, as desired; and appoint it To-morrow, at Twelve of the Clock, in the Painted Chamber.
ORDERED, That all the Lords be summoned to attend To-morrow; and that they be acquainted, the Free Conference is to be at Twelve of the Clock.
Col. Leighton to bring in a Bill about the Wardenship of The Flees.
After Report this Day from the Lords Committees appointed to consider of the Petition of Colonel Baldwin Leighton:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colonel Baldwin Leighton have Liberty to bring in a Bill for his Relief, in relation to the Office of Warden of The Fleete.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) decimum nonum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.