House of Lords Journal Volume 16
1 July 1698

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1767-1830

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'House of Lords Journal Volume 16: 1 July 1698', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 335-336. URL: http://www.british-history.ac.uk/report.aspx?compid=13645 Date accessed: 25 October 2014.


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DIE Veneris, 1 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Winton.
Epus. Rochester.
Epus. Peterborow.
Epus. Glocester.
Epus. St. Asaph.
Epus. Chichester.
Dux Cumberland.
Ds. Cancellarius.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Norfolke.
Dux Devon, Ds. Senescallus.
Dux Somersett.
Dux Richmond.
Dux South'ton.
Dux Ormond.
Dux Northumb'l'd.
Dux St. Albans.
Dux Newcastle.
March. Halifax.
March. Normanby.
L. Great Chamberlain.
Comes Oxford.
Comes Dorsett.
Comes Bridgwater.
Comes Leicester.
Comes Denbigh. 2.
Comes Warwick & Holl'd. 1.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Carnarvon.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Macclesfield.
Comes Radnor.
Comes Rochester.
Comes Portland.
Comes Montagu.
Comes Marlborough.
Comes Scarborough.
Comes Bradford.
Comes Romney.
Comes Tankerville.
Comes Albemarle.
Comes Orford.
Ds. Bergaveny.
Ds. Audley.
Ds. Willughby Ers.
Ds. Berkley Ber.
Ds. Wharton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Raby.
Ds. Jermyn.
Ds. Vaughan.
Ds. Colpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Thomas Littleton and others:

Who brought up a Bill, intituled, "An Act for taking away Half the Duties lately imposed on Glass Wares, and the Whole Duties lately laid on Stone and Earthern Wares, and Tobacco-pipes; and for granting (in Lieu thereof) new Duties upon Whale Fins and Scotch Linen;" to which they desire the Concurrence of this House.

Whale Fins and Scotch Linen, additional Duties on, and to abate those on Glass Ware, &c. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for taking away Half the Duties lately imposed on Glass Wares, and the Whole Duties lately laid on Stone and Earthen Wares, and Tobacco-pipes; and for granting, in Lieu thereof, new Duties upon Whale Fins and Scotch Linen."

Message from H. C. with a Bill.

Also a Message from the House of Commons, by Sir Francis Marsham and others:

Who brought up a Bill, intituled, "An Act to give Leave to the Ship Sally Rose (formerly taken as Prize) to arrive, and import her Lading, and to trade as an English-built Ship;" to which they desire the Concurrence of this House.

Trafford's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for enabling Humphry Trafford Esquire to raise Four Thousand Pounds upon his Estate, for Payment of his Debts," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Humphry Trafford Esquire to raise Four Thousand Pounds upon his Estate, for Payment of his Debts."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Bill for settling the Trade to The East Indies, &c.

After hearing Counsel, for and against the Bill, intituled, "An Act for raising a Sum not exceeding Two Millions, upon a Fund for Payment of Annuities after the Rate of Eight Pounds per Cent. per Ann. and for settling the Trade to The East Indias;" and Debate thereupon:

This Question was put, "Whether this Bill shall be read a Second Time?"

It was Resolved in the Affirmative.

Protest against its being read a Second Time.

"Dissentient.

"1st. Because this Bill puts an unreasonable Hardship upon the present East India Company; since it plainly appeared at the Bar of this House, that a Security, of which we conceive there was no Reason to doubt, had been offered by the said Company for raising the whole Two Millions for the public Service; whereas the Bill investing the new Subscribers with the Trade upon the Subscription of One Million only, does not, as we conceive, give so much as a Probability of raising more; and it may be reasonably enough doubted, whether the separate Trade allowed in this Bill, concurrent with a joint Stock, may not prove so inconsistent as to discourage the Subscriptions from ever coming near to the said Million.

"2dly. Because the Bill puts a Period to the Charter of the East India Company, and gives the whole Trade thither to other Persons, without so much as suggesting that the said Charter, or the Trade carried on by virtue of it, hath been prejudicial to the King or Kingdom; though the said Company have an express Clause in their Charter, that it shall not be determined without Three Years Warning, even if it should appear not profitable to the King or this Realm. And the Bill granting likewise a Supply of Two Millions, in which the Commons pretend the House of Lords ought not to make any Alteration; we are of Opinion, their Lordships are thereby likewise deprived of the Freedom of their Vote, in the Matter of the East India Trade; to which it cannot be denied but they have an equal Right with the Commons; and yet, by its being joined to a Bill of Supply, this House must either be the Occasion of disappointing so large and necessary a Grant for the public Service, or be put upon the unreasonable Hardship of consenting to a Matter, which, though it seems never so unjust, it is fruitless for them to examine, if their Amendments are not to be admitted because offered to a Money Bill; which we humbly conceive to be a manifest Violation of the Rights of this House, and tending to an Alteration of the Constitution of the Government.

"Halifax.

Scarsdale.
Rochester.
Anglesey.
Audley.
Torrington.
H. London.
Willughby.
Granville.
Tho. Roffen.
Berkeley of Berkeley.
Howard.
Denbigh.
Peterborow.
Berkeley.
Godolphin.
Jeffreys.
Guilford.
E. Gloucester.
P. Winchest'R.
Dartmouth."

Hodie 2a vice lecta est Billa, intituled, "An Act for raising a Sum, not exceeding Two Millions, upon a Fund for Payment of Annuities after the Rate of Eight Pounds per Cent. per Ann. and for settling the Trade to The East Indias."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven of the Clock.

Garway discharged of his Bail for Goudet.

Upon reading the Petition of Thomas Garway Merchant; shewing, "That he is Bail for John Goudet, for his Appearance upon an Impeachment of the House of Commons; and the said John Goudet having pleaded Guilty, and now in Custody of the Black Rod; and praying to be discharged from being any further his Bail."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Garway shall be, and he is hereby, discharged from the Security entered into for the said John Goudet.

Leave versus Prison Bill.

Upon reading the Petition of Elizabeth Leave:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lords Committees to whom the Bill, intituled, "An Act for the further Relief of Creditors in Cases of Escapes, and for the further preventing Escapes and other Abuses in the Keepers of Gaols," stands committed.

Juries at the Affizes, &c. for better Return of, Bill:

It is ORDERED, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the more easy Return of Juries at the Affizes and Sessions," on Tuesday next, at Eleven of the Clock; and that some of the Judges do then attend.

St. John & al. versus Norton, in Error.

Whereas this Day was appointed for hearing the Errors argued, upon the Writ of Error wherein John St. John and others are Plaintiffs, and Anne Norton Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Monday next, at Eleven of the Clock in the Forenoon.

Den Phel. de la Guerrz's Power returned.

The House being this Day moved, "That a Paper, now in the Custody of Mr. John Walker, Clerk Assistant to the House of Peers, intituled, "A Power from the Testamentaries to Don Phell. to prove the Notorial Act in Spain," marked N° 2, may be delivered to the Agent for Don Pheil. De la Guerra:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Paper shall be delivered as desired.

Adjourn.

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