DIE Martis, 13 Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. Duresme, & Crew.
Epus. Cov. & Lich.
Dux Leeds, Præses.
Comes Pembroke, Custos Privati Sigilli.
Dux Devon, Ds. Senescallus.
Dux St. Albans.
Comes Lindsey, Ds. Magnus Camerarius.
Ds. Willughby Er.
Ds. Willughby Br.
Ds. North & Grey.
Ds. Howard Esc.
Barailleau & al. Nat. Bill.
vice lecta est Billa, intituled, "An Act
for naturalizing Peter Barailleau and others."
Fitch versus Attorney General and Commissioners of the Navy.
Whereas Friday next was appointed for hearing of
the Cause wherein John Fitch is Appellant, and His
Majesty's Attorney General and Commissioners of the
Navy are Respondents:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
the said Cause, by Counsel, at the Bar, on Monday the
Sixth Day of February next, at Eleven of the Clock in
Report of Reasons for adhering to Amendments to the Bill for preventing the Exportation of Corn, Malt, &c.
The Earl of Rochester reported from the Lords Committees appointed to draw what shall be offered, at a
Conference with the House of Commons, for their
Lordships insisting on their Amendments made to the
Bill, intituled, "An Act to prohibit the Exportation of
any Corn, Malt, Meal, Flour, Bread, Biscuit, or
Starch, for One Year, from the Twentieth Day
of January, One Thousand Six Hundred Ninetyeight."
Then the Reasons drawn by the Committee were
read, and agreed to, as follow; (videlicet,)
"The Lords do not insist on their Amendments in the
11th and 12 L. of the 4th Skin.
"The Lords insist on their Amendments in the 5th,
10th, 14th, and 23d L. of the 4th Skin.
"And ground their Reasons for so doing chiefly on a
Matter of Fact; which if they are misinformed in,
they shall be ready to agree with the Commons:
And the Matter of Fact is this, That there hath no
Provision of Corn, Malt, or Meal, of late Years
been carried out of England, for any of the Plantations in America; some small Quantity of the finest
Flour for the principal Persons residing there hath
been sometimes transported from hence; but not for
the Use of the Inhabitants in general.
"And that all those Plantations have for some Time
past, and now do, and will furnish themselves hereafter, with all these Commodities, from New England
or Pensilvania, because they are to be had always
cheaper from those Parts than from hence; so that,
if this Fact be true, the allowing Leave for Corn to
be carried from hence will not obviate the Inconveniencies mentioned in the Reasons given by the Commons;
(videlicet,) That it would be of dangerous Consequence to accustom the Southern Islands in America
to draw such Provisions from New England, Pensilvania, and other Parts on the Continent; for those in
the Plantations, unless they are strictly prohibited to
fetch them from New England, which this Act does
not intend, will in all Probability have them from
those Places where they can be supplied the cheapest.
So then, if this Matter of Fact be true, which their
Lordships have taken the best Means they could to be
informed of, they cannot but think it may be of
great Use, in such a Year as it is apprehended this
may prove, for great Scarcity of Corn, to leave as
few Doors open as is possible for the Transportation
of any, and especially not to allow of a Licence to
carry any to the Plantations; which seems to them,
if the Matter of Fact here alledged be true, to be a
Means for the carrying it to other Places, on the Pretence that it is designed for the Plantations.
"As to the other Amendment in Question, in the
30th Line of the 5th Skin:
"The Lords agree, that the Proviso sent up in the
Bill from the House of Commons is more proper to
prevent Disputes betwixt the People and the Customhouse Officers, than the Clause prepared by their
Lordships, if that were the only Thing to be taken
care of: But the Lords do not observe, that the
Proviso in the Bill takes any Care to hinder the
People, under Pretext of carrying Corn to the Market in Boats, to carry it directly on Shipboard for
Exportation; and they conceive their own Clause is
much more proper to prevent any ill Practice of that
Sort. Upon the whole Matter, the House of Lords
being of Opinion, that the Bill to which these Amendments relate is very seasonable and necessary; their
Lordships are desirous to make it as strong and effectual for the Ends designed by it as is possible; and for
these Reasons, the Lords think fit to insist upon these
Message to H. C. for another Conference about it.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Sir John Hoskyns:
To desire a present Conference, upon the Subjectmatter of the last Conference, relating to the Bill, intituled, "An Act to prohibit the Exportation of any
Corn, Malt, Meal, Flour, Bread, Biscuit, or Starch,
for One Year, from the Twentieth Day of January,
One Thousand Six Hundred Ninety-eight."
Oldbury versus Wynne:
After hearing Counsel this Day, at the Bar, upon the
Petition and Appeal of John Oldbury, of London, Merchant, from a Decree made in the Court of Chancery,
the First of June One Thousand Six Hundred Ninetyeight, and the Confirmation thereof on the Fourteenth
Day of November last, and subsequent Orders made on
the Behalf of Owen Wynne; as also upon the Answer
of the said Owen Wynne put in thereunto:
After due Consideration of what was offered thereupon,
it is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Petition and Appeal of John Oldbury shall be,
and is hereby, dismissed this House; and that the Decrees and Orders complained of in the Appeal shall be,
and they are hereby, affirmed.
Answer from H. C.
The Messengers sent to the House of Commons return Answer:
That the Commons will give a Conference, as desired.
Conference on the Bill to prevent the Exportation of Corn, &c.
Then the Commons being come to the Conference,
the House was adjourned during Pleasure, and the
Lords went to the Conference.
Which being ended, the House was resumed.
And the Earl of Rochester reported, "That they had
delivered the Reasons to the Commons, as commanded."
Supply Bill, for disbanding the Army.
vice lecta est Billa, intituled, "An Act
for granting an Aid to His Majesty, for disbanding
the Army, and other necessary Occasions."
The Question was put, "Whether this Bill shall
It was Resolved in the Affirmative.
ORDERED, That the Commons have Notice, the
Lords have agreed to the said Bill, without any Amendment.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
(videlicet,) primum diem Februarii jam prox. futur.
hora undecima Aurora, Dominis sic decernentibus.