House of Lords Journal Volume 15: 13 December 1695

Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.

'House of Lords Journal Volume 15: 13 December 1695', in Journal of the House of Lords: Volume 15, 1691-1696, (London, 1767-1830) pp. 610-612. British History Online https://www.british-history.ac.uk/lords-jrnl/vol15/pp610-612 [accessed 25 April 2024]

DIE Veneris, 13 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Arch. Cant. Arch. Ebor. Epus. London. Epus. Duresme. Epus. Menev. Epus. Sarum. Epus. Elien. Epus. Peterb. Epus. Cicestr. Epus. Lincoln.	Joh'es Sommers Miles, Ds. Custos Magni Sigilli. Dux Leeds, Ds. Præses. Comes Pembroke, Ds. Custos Privati Sigilli. Dux Somerset. Dux St. Albans. Dux Bolton. Dux Shrewsbury. Dux Newcastle. March. Halifax. March. Normanby. Comes Dorset, Ds. Camerarius. Comes Oxon. Comes Kent. Comes Huntingdon. Comes Bridgewater. Comes North'ton. Comes Manchester. Comes Rivers. Comes Stamford. Comes Kingston. Comes Chesterfield. Comes Sunderland. Comes Craven. Comes Sussex. Comes Feversham. Comes Berkeley. Comes Rochester. Comes Fauconberge. Comes Monmouth. Comes Marleborough. Comes Torrington. Comes Scarbrough. Viscount Longueville.	Ds. Bergevenny. Ds. Willoughby Er. Ds. Berkeley Ber. Ds. Ferrers. Ds. Eure. Ds. Willoughby Par. Ds. Hunsdon. Ds. Howard Esc. Ds. Raby. Ds. Vaughan. Ds. Culpeper. Ds. Clifforde L. Ds. Lucas. Ds. Rockingham. Ds. Berkeley Str. Ds. Granville. Ds. Ossulstone. Ds. Godolphin. Ds. Jeffreys. Ds. Cholmondeley. Ds. Ashburnham. Ds. Lempster.

PRAYERS.

Thanks to Bp. of Lincoln.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be given to the Lord Bishop of Lincolne, for his Sermon preached before this House in the Abbey Church, at Westm'r, the Eleventh Instant; and he is hereby desired to print and publish the same.

Address, representing the Inconveniencies and Disadvantages to the Trade of this Kingdom, which attend the Scots Act for establishing an East India Company.

The Earl of Rochester reported from the Committee (appointed Yesterday to draw an Address, to be presented to His Majesty, to represent to Him the great Prejudice, Inconveniencies, and Mischiess, the Act for establishing an East India Company in Scotland may be to the Trade of this Kingdom) the Address following; (videlicet,)

"We, the Lords Spiritual and Temporal and Commons in Parliament assembled, having taken into our Consideration the State of the Trade of this Kingdom, do find, that, besides many other Disadvantages and Difficulties it now lies under, an Act of Parliament that hath lately received Your Majesty's Royal Assent in Your Kingdom of Scotland, for erecting a Company trading to Africa and The Indies, is likely to bring many great Prejudices and Mischiefs to all Your Majesty's Subjects that are concerned in the Wealth or Trade of this Nation: And therefore, in all Duty to Your Majesty, and the Care we ought to have of this Kingdom, we do humbly represent to Your Majesty, that the said Act does provide,

"That all Ships, Vessels, Merchandize, Goods, and other Effects whatsoever, belonging to that Company, shall be free from all Manner of Restraints or Prohibitions, and of all Customs, Taxes, Cesses, Supplies, or other Duties, imposed or to be imposed, by Act of Parliament or otherwise, for the Space of One and Twenty Years; and further, that the said Company, (fn. 1) whose Members, Officers, Servants, or others belonging thereto, shall be free both in their Persons, Estates, and Goods employed in the said Stock and Trade, from all Manner of Taxes, Cesses, Supplies, Excises, Quartering of Soldiers transient or local, or levying of Soldiers, or other Impositious whatsoever, during the Space of One and Twenty Years:

"By reason of which great Advantages granted to the Scotch East India Company, and the Duties and Difficulties that lie upon that Trade in England, a great Part of the Stock and Shipping of this Nation will be carried thither, and by this Means Scotland be made a Free Port for all East India Commodities; and consequently those several Places in Europe which were supplied from England will be furnished from thence much cheaper than can be done by the English; and therefore this Nation will lose the Benefit of supplying Foreign Parts with those Commodities, which hath always been a great Article in the Balance of our Foreign Trade: Moreover the said Commodities will unavoidably be brought by the Scotch into England by Stealth, both by Sea and Land, to the vast Prejudice of the English Trade and Navigation, and to the great Detriment of Your Majesty in Your Customs. And when once that Nation shall have settled themselves in Plantations in America, our Commerce in Tobacco, Sugar, Cotton, Wool, Skins, Masts, &c. will be utterly lost, because the Privileges of that Nation granted to them by this Act are such, that that Kingdom must be the Magazine for all those Commodities, and the English Plantations and the Traffick thereof lost to us, and the Exportation of our own Manufactures Yearly decreased.

"Besides these, and many other Obstructions that this Act will unavoidably bring to the general Trade of this Nation; another Clause in the said Act, whereby Your Majesty promises, "to interpose Your Authority, to have Restitution, Reparation, and Satisfaction made, for any Damage that may be done to any of the Ships, Goods, Merchandize, Persons, or other Effects whatsoever, belonging to the said Company, and that upon the Public Charge," does seem to engage Your Majesty to employ the Shipping and Strength at Sea of this Nation, to support this new Company, to the great Detriment even of this Kingdom.

"All which great Prejudices, Inconveniencies, and Mischiefs, arising by the said Act, we in all Duty and Faithfulness lay before Your Majesty."

To which the House agreed.

Bayly's Papers, concerning the Ship Avarilla, sent to the Admiralty.

After hearing Mr. Bayly this Day, concerning a Paper delivered by him to this House the Tenth Instant, intituled, "The Case of the Owners of the Ship Avarilla, Burthen 150 Tuns:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Copy of the abovesaid Paper shall be sent to the Commissioners of the Admiralty; and that they give this House an Account, in Writing, with all convenient Speed, of what they have done upon the Matters therein complained of.

The House was adjourned during Pleasure, and put into a Committee, to consider further of the Papers delivered by the East India Company, and other Merchants, the Tenth Instant.

The House was resumed.

Papers concerning Merchants Losses at Sea, Committee to consider.

Lords Committees appointed by the House, to inspect several Papers delivered to this House by the East India Company, and several other Merchants, relating to their Losses at Sea; whose Lordships, having considered of the said Papers, are to report to the House their Opinion thereupon:



Comes Pembroke, Ds. Privati Sigilli. Dux Somerset. Dux Bolton. Dux Shrewsbury. March. Normanby. March. Halifax. Comes Huntingdon. Comes Bridgewater. Comes Manchester. Comes Kingston. Comes Rivers. Comes Rochester. Comes Fauconberge. Comes Monmouth. Comes Marleborough. Comes Torrington. Comes Romney.	Ds. Ferrers. Ds. Clifford L. Ds. Berkeley Str. Ds. Godolphin. Ds. Herbert Ch.

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Heads for a Conference with H. C. on the Address against the Scots Act.

ORDERED, That the same Lords who are of the Committee withdraw presently, to draw what shall be added to the Address.

Then the House was adjourned during Pleasure, and the Lords withdrew.

After some Time, the House was resumed.

And the Earl of Rochester reported what was drawn by the Committee, to be offered at a Conference with the House of Commons, upon delivering the Address, as follows; (videlicet,)

"The Lords do not, in this Address to the King, propose any Remedies, as is usual in most Addresses that are presented to His Majesty; because the Inconveniencies complained of arise in a Kingdom independent of this, for which the Remedies will in their Opinion be more securely provided for in Bills that may be agreed on between the Two Houses here: But, because some Length of Time may be requisite for the preparing such Bills for the Royal Assent, their Lordships have thought it necessary, by this Address, that His Majesty in the mean Time may be fully informed of the great Mischiefs which this Scotch Act of Parliament may bring upon the Trade of this Nation."

To which the House agreed.

Message to H. C. for the Conference.

A Message was sent to the House of Commons, by Sir Miles Cook and Sir Richard Holford:

To desire a Conference, To-morrow, at Twelve of the Clock, in the Painted Chamber, upon a Matter relating to the Trade of this Kingdom.

ORDERED, That the Lords who were a Committee to draw the Address do manage the Conference.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) decimum quartum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.