DIE Jovis, 2 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. Duresme, & Crewe.
Epus. St. Asaph.
|Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
Dux Devonshire, Senescallus.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Ds. Grey W.
Ds. Berkeley Str.
L. Ranelagh's Answer to Observations of Commissioners of Accompts.
This Day Mr. Bryan Murchtagh delivered, at the Bar,
the Answer of Richard Lord Ranelagh, to the Observations of the Commissioners of Accompts.
ORDERED, That this Answer be referred to the
Lords Committees appointed to consider of the Observations, and other Answers, formerly delivered to this
Baesh & Ux. versus Moore & al.
After hearing Counsel, upon the Petition and Appeal
of Sir Edward Baesh Knight and Dame Anne his Wife,
from a Decretal Order made in the Court of Chancery,
the Ninth of July One Thousand Six Hundred Ninetyseven, and a subsequent Order of the Two and
Twentieth Day of December One Thousand Six Hundred Ninety-seven, in a Cause wherein John Moore
Gentleman and Mary his Wife, Administratrix of Edmund Hussey Gentleman deceased, were Complainants,
against the said Sir Edward Baesh and his Wife, Anne
Waad Widow and Relict of William Waad deceased,
Richard Hinde and Robert Hinde Executors of Samuel
Hinde, and others, were Defendants; and praying, "That
the said Decretal Order and Judgement of the Court
of Chancery (so far as the same extends to charge
the Premises mentioned in the Petition, recovered at
Law by the Petitioners, farther than by Law they
are charged by Force of the said Mortgage in the Petition mentioned) may be reversed in that Particular:"
As also upon the Answer of John Moore and Mary his
Wife put in thereunto; and of the Answer of Richard
Hinde, surviving Executor of Samuel Hinde, who was
declared Respondent to the said Appeal, by Order of
this House, of the Eight and Twentieth of January last,
upon the Petition of Sir Edward Baesh and Dame Anne
his Wife; and due Consideration of what was offered
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Decretal and subsequent Orders complained of in the said Appeal shall
be rectified, by adding thereto the Words following;
(videlicet), "That the mortgaged Premises shall stand
charged with what shall be found due thereupon, against
any Title the Defendants Baesh and his Wife claim,
by, from, or under, the said William Waad, in the Appeal mentioned."
Queen's Answer to Address, concerning Boucher.
The Duke of Bolton reported Her Majesty's Answer
to the Address of this House, presented to Her Majesty
Yesterday, in relation to Boucher, as followeth; videlicet,
"I shall encourage him to be ingenuous in his Confession; and, if he be so, will pardon him."
Address for a Fleet to be immediately fitted out, for Home Service.
The Earl of Rochester, pursuant to the Order of the
Day, reported an Address drawn by the Lords Committees appointed to consider of the several Papers delivered in to this House from the Admiralty-office.
Which was read, as followeth:
"We, Your Majesty's most dutiful and loyal Subjects the Lords Spiritual and Temporal in Parliament
assembled, humbly acquaint Your Majesty, That we
are informed by a Committee of our own Body, to
whom we referred the Consideration of several Papers delivered in to this House from the Admiraltyoffice, relating to the present Condition of the
Navy, That they had desired his Royal Highness Prince George of Denmarke, Lord High Admiral
of England, to cause to be laid before their Lordships an Account, in Writing, what Number of Ships,
fit for Home Service, may be got ready and manned
within Twenty Days; to which the said Committee
received in Answer a Paper, intituled,
"A List of such Ships of Her Majesty's as are
now at Home in Sea Pay; with an Account
which of them are designed on Foreign Service, and what Number of Men they want, to
make up their allowed Complements, according to the last Musters:"
"Whereby it appears, that Sixty-two Ships, from
the Second to the Sixth Rate, are now designed for
the Home Service, which want the Number of Three
Thousand One Hundred Forty-nine Men, to make up
their allowed Complements; and that One and Thirty
Ships, from the Second to the Sixth Rate, designed
on Foreign Service, want the Number of Two Thousand Three Hundred Thirty-two Men, to make up
their allowed Complements; to which is added, in
the Close of the said Paper, that, by the foregoing
List, it will appear, that several of the Ships are in
Want of considerable Numbers of Men, to make up
their Complements; their Captains have Press Warrants, with strict Orders to endeavour to get what
Men they can; but it is very uncertain, by what Time
they will be able to get such a Number as will put
them into a Condition to proceed to Sea; and, for that
Reason, it is impossible to inform the said Committee,
how many of them can be got ready and manned for
Home Service in Twenty Days.
"Which we having taken into our serious Consideration, and judging it highly necessary, though at
present, by reason of the great Want of Men, the
allowed Complements for the whole Number of Ships
cannot be depended on, yet that there should be a
Strength at Sea for the Defence of the Kingdom in
this Conjuncture, do think it an indispensable Duty
incumbent on us, to make this humble Application
to Your Majesty, desiring that You would be pleased
to give speedy and effectual Orders, that such a
Number of Ships, proper for the Home Service,
may be forthwith got ready and manned; as may be
competent to provide for the Security of the Nation,
and protect the Trade of it, together with a regular
Convoy for the Coasters and Colliers; without which,
we conceive, these Matters of so great Importance
to the Safety of Your Majesty, and the Peace of the
Kingdom, as well as the Naval Stores, and such Ships
of War as cannot be immediately fitted out to Sea,
lie daily exposed to any Insult from Your Majesty's
House to attend the Queen with it.
To which Address the House agreed; and ORDERED, That the whole House do attend Her Majesty with
the said Address.
ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That, the Lords with White
Staves do attend Her Majesty, humbly to know, what
Time Her Majesty will please to appoint, for this House
to attend Her with their Address.
The Lord Haversham reported from the Lords Committees appointed to consider of the Petition of Charles,
James and Richard Hore, as followeth; (videlicet,)
Report upon Hore's Petition of Abuses in Victualing the Navy.
"By the Lords Committees appointed to consider
of the Petition of Charles, James and Richard
Hore, relating to several Abuses in the Victualing Her Majesty's Navy:
"ORDERED, To report,
"That it appeared to their Lordships, That a Petition was presented, by Charles Hore, to the Council
of His Royal Highness Prince George of Denmarke,
Lord High Admiral of England, on the Third of
February 17023;, complaining of great Abuses and
Frauds committed in the Victualing of Her Majesty's
Navy; and representing, that, without a speedy and
strict Inspection, it would be impossible to detect those
Abuses, or prevent the dangerous Effects thereof; and
therefore praying, That His Royal Highness will
please to order an immediate Survey of the Provisions for the Fleet to be made, by proper and fitting
Persons, who have no Dependance on the Navy or
Victualing-office, and make Report to His Royal
Highness of the State of the Victualing; and that
the Petitioner may have his Royal Highness's Protection for his Witnesses till heard; a List of whose
Names he is ready to deliver, they being daily threatened to be pressed into the Service, in order to stifle
"Upon the Eighth of February, several of Mr.
Hore's Witnesses, on his Petition, were protected by
the Prince from being pressed.
"Upon which Petition, his Royal Highness gave an
Order, on the Ninth of February 17023;, to Sir Cloudesley Shovel and Sir Richard Haddock, requiring them
forthwith to survey the Provisions complained of, in
which they Should be attended by Mr. Hore, or others
he should bring. His Royal Highness also gave an
Order to the Lord Marquis of Carmarthen, on the
Eleventh of February following, to assist Sir Cloudesley
Shovel and Sir Richard Haddock, in taking the aforesaid Survey.
"That the Prince's Council was sensible of the Necessity of an immediate Survey, appears, not only from
the Tenor of the Prince's Order, but also by their
ordering their Solicitor to attend a Justice of Peace
in taking the Affidavits of Twenty Evidences for the
Queen, of which Justice Rider swore and examined
Seven on the Tenth and Eleventh of February 17023;.
"And yet that the Prince's Council knew this Order
was not put in Execution, is evident, by several
Letters that passed between Mr. Hore and Mr. Birchet
Secretary to the Admiralty; Mr. Hore insisting, "That
the Persons who had desired to be present, would not
attend at the Survey, unless they were empowered
by the Admiralty;" and Mr. Birchet acquainting Mr.
Hore, "That such a Power was not judged either reasonable or proper to be granted."
"But, on the Six and Twentieth of February following, his Royal Highness gave another more express
and peremptory Order to Sir Cloudesley Shovel and
Sir Richard Haddock; requiring them to survey the
Provisions complained of within Four Days, though
Mr. Hore or any other should not attend them.
"Which Order likewise the Prince's Council knew
was not executed; as appears by a new Order of the
Nineteenth of April following, directed to the Navy
Board, requiring them to report which of the Members of Trinity House were fittest to be employed, in
Conjunction with my Lord Carmarthen and others, to
survey the Provisions.
"And on the Three and Twentieth of April, there
was another Order, directed to the Lord Carmarthen,
&c. to take a strict Survey of the Provisions complained of; which Order the Prince's Council knew
also was not executed.
"For, on the Thirtieth of the same April, they granted the last and most peremptory Order to the Lord
Carmarthen and others, requiring them to take a strict
Survey of the Provisions complained of without Mr.
Hore, if he still should refuse to attend the same;
upon which, a Survey was accordingly taken in a few
"So that, from the Date of the First Order to the
Date of the last and peremptory Order, there was
near Three Months.
"Upon the Whole, their Lordships are of Opinion,
That the Prince's Council, in not commanding an immediate and strict Survey of Her Majesty's Provisions
for the Fleet, upon such a Complaint, according to
his Royal Highness's Order of the Ninth of February 1702/3, but suffering a known Delay thereof till
the Thirtieth of April following, gave not only too
great Discountenance to a Complaint of that Nature
and Consequence, but also near Three Months Opportunity for removing what tainted and stinking
Provisions there might be then in the Store-houses,
or so changing the State thereof, that the Frauds
and Abuses complained of might thereby very easily
After Debate thereupon;
The Question was put, "Whether this House do
agree to the Report?"
It was Resolved in the Affirmative.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Veneris, tertium diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.