House of Lords Journal Volume 20: 24 February 1718

Die Lunæ, 24 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Raw Silk, &c. Manufacturers, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making more effectual an Act made in the Eighth Year of the Reign of the late Queen Anne, intituled, An Act for employing the Manufactures, by encouraging the Consumption of Raw Silks and Mohair Yarn."

Papers, relating to Newcastle, delivered.

The House being informed, "That a Person attended at the Door, in order to lay before the House Papers relating to the Matter in Question, on the Bill concerning the Hospital of The Holy Jesus, in Newcastle upon Tyne."

He was accordingly called in; and delivered, at the Bar, upon Oath, an authentic Copy of the Inspeximus of Two Charters granted to the Town of Newcastle; as also a Copy of a Clause of the Charter granted to that Town the 31st of Queen Elizabeth, restraining that Corporation as to their purchasing of Lands.

And then he withdrew.

King's Answer to the Address:

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Saturday last, That His Majesty would be pleased to give Order, that the Draught of the Articles of War intended to be established, for the Service of the Year One Thousand Seven Hundred and Eighteen, might be laid before this House; and that His Majesty had been pleased to give Order accordingly."

Articles of War delivered.

The House being informed, "That a Person from the Office of the Secretary at War attended;" he was called in; and, at the Bar, presented to the House, in Pursuance of the aforementioned Address, a Copy of the said Draught of the said Articles of War.

And then he withdrew.

Messages from H. C. to return the D. of Devon's Bill;

A Message from the House of Commons, by Sir Charles Turner and others:

To return the Bill, intituled, "An Act for settling the Estates of the most Noble William Duke of Devonshire, and William Cavendish Esquire, commonly called Marquis of Hartington, Son and Heir Apparent of the said Duke, on the Marriage of the said Marquis of Hartington with Catherine Hoskins Spinster, only Child of John Hoskins Esquire, deceased;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

D. of Kent's Bill;

A Message from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act to enable Henry Duke of Kent, and Anthony Grey Esquire, commonly called Earl of Harrold, to make Jomtures for the Wife or Wives of the said Earl of Harrold; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Eversfield's Bill;

A Message from the House of Commons, by Mr. Conyers and others:

To return the Bill, intituled, "An Act for vesting divers Lands and Tenements, in the County of Sussex, Part of the Estate of Charles Eversfield Esquire, in Trustees, for a present Provision for his Son, and for the Payment of the Debts of the said Charles Eversfield;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Shipperdson's Bill.

A Message from the House of Commons, by Mr. Eden and others:

To return the Bill, intituled, "An Act to enable Ralph Shipperdson Esquire to make Sale of his Estate in Studley Roger, in the County of York, freed from the Uses and Trusts in the said Ralph Shipperdson's Marriage Settlement; and to settle his Estate at East Mourton, in the County of Durham, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Amendments to D. of Kent's Bill to be considered.

Ordered, That the Amendments made by the Commons to the Bill, intituled, "An Act to enable Henry Duke of Kent, and Anthony Grey Esquire, commonly called Earl of Harrold, to make Jointures for the Wife or Wives of the said Earl of Harrold, and for other Purposes therein mentioned," be taken into Consideration Tomorrow; and that the Judges who had the said Bill under their Consideration when the same was before this House do then attend their Lordships.

Causes put off.

Ordered, That the Cause wherein the Lord Caber is Appellant; and Catherine Nagle and others are Respondents, which was appointed to be heard this Day, be put off to Wednesday next; and that the other Causes be removed in Course.

Mutiny, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

Protest against it:

Dissentient.

1st, Because the Number of Sixteen Thousand Three Hundred Forty-seven Men is declared necessary by this Bill: But it is not therein declared, nor are we able, any Way, to satisfy ourselves, from whence that Necessity should arise; the Kingdom being now (God be praised) in full Peace, without any just Apprehension, either of Insurrections at Home, or Invasions from Abroad.

"2d, Because so numerous a Force is near double to what hath ever been allowed within this Kingdom, by Authority of Parliament, in Times of public Tranquility; and being, as we conceive, no Ways necessary to support, may, we fear, endanger our Constitution, which hath never yet been intirely subverted but by a Standing Army.

"3d, Because the Charge of keeping up so great a Force ought not unnecessarily to be laid on the Nation, already overburthened with heavy Debts: And this Charge we conceive to be still more unnecessarily increased, by the great Number of Officers now kept on the Establishment, in Time of Peace; a Number far greater (in Proportion to that of the Soldiers commanded by them) than hath ever yet been thought requisite in Times of actual War.

"4th, Because such a Number of Soldiers, dispersed in Quarters throughout the Kingdom, may occasion great Hardships, and become very grievous to the People, and thereby cause or increase their Disaffection; and will probably ruin many of His Majesty's good Subjects on whom they shall be quartered, and who have been already by that Means greatly impoverished.

"5th, Because such a standing Force, dangerous in itself to a free People in Time of Peace, is, in our Opinion, rendered yet more dangerous, by their being made subject to Martial Law; a Law unknown to our Constitution, destructive of our Liberties, not endured by our Ancestors, and never mentioned in any of our Statutes but in order to condemn it.

6th, Because the Officers and Soldiers themselves, thus subjected to Martial Law, are thereby, upon their Trials, divested of all those Rights and Privileges which render the People of this Realm the Envy of other Nations, and become liable to such Hardships and Punishments as the Lenity and Mercy of our known Laws utterly disallow: And we cannot but think those Persons best prepared, and most easily tempted, to strip others of their Rights, who have already lost their own.

"7th, Because a much larger Jurisdiction is given to Courts Martial, by this Bill, than to us seems necessary for maintaining Discipline in the Army; such Jurisdiction extending not only to Mutiny, Desertion, Breach of Duty, and Disobedience to Military Commands, but also to all Immoralities, and every Instance of Misbehaviour, which may be committed by any Officer or Soldier towards any of his Fellowsubjects: By which Means, the Law of the Land, in Cases proper to be judged by that alone, may, by the summary Methods of Proceedings in Courts Martial, be obstructed or superseded, and many grievous Offences may remain unpunished.

"8th, Because the Officers, constituting a Court Martial, do at once supply the Place of Judges and Jurymen; and ought therefore, as we conceive, to be sworn, upon their trying any Offence whatsoever: And yet it is provided by this Bill, "That such Officers shall be sworn, upon their trying such Offences only as are punishable by Death:" Which Provision we apprehend to be defective, and unwarranted by any Precedent; there being no Instance, within our Knowledge, wherein the Judges of any Court, having Cognizance of Capital and lesser Crimes, are under the Obligation of an Oath in respect of the one, and not of the other.

"9th, Because the Articles of War, thought necessary to secure the Discipline of the Army in Cases unprovided for by this Bill, ought, in our Opinion, to have been inserted therein, in like Manner as the Articles and Orders for regulating and governing the Navy were enacted, in the Thirteenth Year of King Charles the Second; to the End that due Consideration might have been had, by Parliament, of the Duty enjoined by each Article to the Soldiers, and of the Measure of their Punishment; whereas the Sanction of Parliament is now given, by this Bill, to what they have had no Opportunity to consider.

"10th, Because the Clause in the Bill, enabling His Majesty to establish Articles of War and erect Courts Martial, with Power to try and determine any Offences to be specified in such Articles, and to inflict Punishments for the same, within this Kingdom, in Time of Peace, doth, as we conceive, in all those Instances, vest a sole Legislative Power in the Crown; which Power, how safely soever it may be lodged with His present Majesty, and how tenderly soever it may be exercised by Him, may yet prove of dangerous Consequence, should it be drawn into Precedent in future Reigns.

"11th, Because the Clause in the Bill, alledged to be made for enabling honest Creditors to recover their just Debts from Soldiers, seems to us rather to give a Protection to the Soldier, than any real Advantage to his Creditor, or other Person having just Cause of Action against him. It protects the Person of a Soldier from Executions, as well as Mesne Process, for any Debt under Ten Pounds; and it protects the Estate and Effects, as well as the Person, of every Soldier, from all other Suits but for Debt, where the Cause of Action doth not amount to the like Sum. And in other Cases, where the Cause of Action exceeds that Value, Plaintiffs are, in many Instances, put under such unreasonable Difficulties, as, we conceive, before they can be allowed even to commence their Suit, that their bare Compliance therewith may become more grievous to them than the Loss of their Debt, or a quiet Submission to the Wrong sustained; by which Means, His Majesty's good Subjects may be highly injured in their Properties, and insulted in their Persons, by the Soldiery; and yet be deprived of the legal Remedies appointed for the Redress of such Grievances.

"W. Ebor. Northampton.
"Strafford.
"Fran. Cestriens.
Scarsdale.
"Bristol.
"Gower. Greenwich.
"Boyle.
"Compton. Poulett.
"Litchfield.
"Bute. Tadcaster.
"Guilford. Harcourt.
"Bingley.
"North & Grey. Foley. I'lay.
"Dartmouth. Mansel.
"Montjoy.
"Bathurst. Weston.
"P. Hereford. Trevor.
"Oxford.
"Fr. Roffen. Abingdon."

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Rogers:

To acquaint them, that the Lords have agreed to the last mentioned Bill, without any Amendment.

Message from thence, with a Bill.

A Message from the House of Commons, by Mr. Craggs and others:

With a Bill, intituled, "An Act to appoint Commissioners, to take, examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States, for Subsidies during the late War;" to which they desire the Concurrence of this House.

Newcastle Hospital Bill.

The Order of the Day being read, for resuming the adjourned Debate, which arose at the Third Reading of the Bill relating to the Hospital of The Holy Jesus, in Newcastle upon Tyne; the Copy of the Clause of the Charter granted to the said Town, which was laid before this House on Saturday last, as also that laid before their Lordships this Day, were read.

Ordered, That the said adjourned Debate be further adjourned to Wednesday the Fifth Day of March next.

Napier's Bill, Standing Order dispensed with.

The House (according to Order) proceeded to take into Consideration the Motion made on Saturday last, for dispensing with the Standing Order of this House in relation to the Commitment of Private Bills, so far as that the Committee to whom the Lady Napier's Bill stands committed may have Leave to meet on a shorter Day than directed by the said Standing Order.

And, after Consideration thereof accordingly;

Ordered, That the said Standing Order be so far dispensed with, as that the said Committee may meet, to consider of the said Bill, To-morrow Morning.

Malt, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Eighteen; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or destroyed; and for appropriating the Supplies granted in this Session of Parliament."

Commissioners of Army, Debts, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to appoint Commissioners, to take, examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States, for Subsidies during the late War."

St. Giles's Church, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower the Commissioners, appointed to put in Execution the Acts of the Ninth and Tenth Years of Her late Majesty's Reign, for building Fifty new Churches in and about the Cities of London and Westminster, and Suburbs thereof, to direct the Parish Church of St. Giles in the Fields, in the County of Middlesex, to be re-built, instead of One of the said Fifty new Churches."

Ordered, That the said Bill be read a Second Time on Thursday next.

St. Michael's, Cornhill, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for finishing the Tower of the Parish Church of St. Michael, Cornhill, London, out of the Duties arising, pursuant to the Act of the Ninth Year of the late Queen, for building Fifty new Churches in and about the Cities of London and Westminster, and the Suburbs thereof."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Rogers:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

East Grinstead Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending the Roads from the City of London to the Town of East Grinstead, in the County of Sussex, and to the Towns of Sutton and Kingston, in the County of Surrey."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten a Clock in the Fore noon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bone Lace Bill referred to a Select Committee.

Whereas Wednesday next is appointed, for the House to be put into a Committee of the whole House upon the Bill, intituled, "An Act for Relief of the whole Traders and Dealers in English Bone Lace, by obviating several Doubts in the several Acts for licensing Hawkers and Pedlars:"

The House being this Day moved, "In regard the said Bill is of a Private Nature, being for the Advantage of divers poor People employed in the Manufacture of Bone Lace, that the same may be referred to a Select Committee:"

It is Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the usual Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum quintum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.