House of Lords Journal Volume 17: 16 March 1704

DIE Jovis, 16 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mathew versus Phillips.

Whereas To-morrow was appointed, for hearing of the Cause wherein George Mathew and his Wife are Appellants, and Chichester Phillips and Dame Susanna Eaton and others 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 Saturday next, at Ten a Clock in the Forenoon.

Subsidy Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to Her Majesty an additional Subsidy of Tonnage and Poundage, for Three Years; and for laying a further Duty upon French Wines condemned as lawful Prize; and for ascertaining the Values of unrated Goods imported from The East Indias."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be committed to a Committee of the whole House, on Thursday the Three and Twentieth Day of this Instant March, at Twelve a Clock.

Observations of Commissioners of Accompts, Report about.

The Earl of Stamford reported from the Lords Committees, appointed to consider of the Observations delivered into this House by the Commissioners appointed by a late Act of Parliament, for taking, examining, and stating, the Public Accompts of the Kingdom, "That the Committee, in looking over the Report of the Commissioners, find the Accompt not made up of Colonel Bierly's Regiment; and that this Report is grounded upon a Petition of Tarry and Nicholson, on the Behalf of themselves and others, Soldiers of the Regiment of Horse commanded by Major General Wyndham, formerly Colonel Bierly's; praying, That Colonel Byerly may be obliged to accompt with and pay the said Regiment; which Petition was presented to this House the Thirteenth of March Instant, and referred to the said Committee."

And his Lordship further reported, "That the Particulars before mentioned will appear by the Papers reported to the House;" and which were read; (videlicet,)

1. "Report Commissioners, signed Atkins, Lister, Lancton, and dat. 9° Martii 1703."

2. "Major General Wyndham's Letter, dat. 8° April. 1703."

3. "Another Memorial, signed Windham, dat. 8° April. 1703."

4. "An Account signed Windham, 5° April. 1703."

5. "Letter from Col. Byerly to the Commissioners, dat. March 12th."

6. "Another Letter from Col. Byerly, dat. 10th April."

7. "Major General Windham's last Letter, dat. 14 April."

8. "A Letter from Col. Byerly, dat. 29° Junii. Received 1st July 1703."

Public Accompts, for taking, &c. Bill:

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the taking, examining, and stating, the Public Accompts of the Kingdom."

And, after some Time spent therein, the House was resumed.

And, the Lord Ferrers reported, "That the Committee had made some Progress in the Bill; and had made this Amendment in 1st Skin, 15 Line, Leave out ["Robert Byerly Esquire."] And further, That the Committee is of Opinion, That another Person be named by the House, to be put into his Place in the Bill; and also, that the House do name Two other Persons to be named, to be added as Commissioners in the said Bill."

Upon which;

The Question was put, "Whether this House shall agree with the Committee in the First of the said Amendments?"

It was Resolved in the Affirmative.

Protest against an Amendment to it.

"Dissentientibus,

"Buckingham, C. P. S.
Marleborough.
Winchilsea.
Rochester.
Scarsdale.
Osborne.
Thanet.
Abingdon.
Granville.
H. London.
Carnarvon.
N. Duresme.
Nottingham.
Gernsey.
Gower."

Then, it being proposed, "To agree with the Committee, that another Person be named by the House, to be put in the Place of Robert Byerly Esquire; and also that Two other Persons be named, to be added as Commissioners in the said Bill:"

The Question was put, "Whether this House shall agree with the Committee in this Part of the Report?"

It was Resolved in the Affirmative.

"Dissentientibus,
Buckingham, C. P. S.
Marlborough.
Rochester.
Winchilsea.
Scarsdale.
Osborne.
Granville.
H. London.
Nottingham.
N. Duresme.
Gernsey.
Gower."

Then it was Resolved, That the Three Persons to be added as Commissioners in the said Bill shall not be of either House of Parliament, nor in any Public Office or Employment, nor be a Person accomptable to the Government.

It was also Agreed, That the Persons to be named Commissioners shall be balloted for, To-morrow, after One a Clock; and that there be Two Glasses to take the Ballots in, and each Lord to ballot in his Place; and all the Lords summoned to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee again, upon the Bill, intituled, "An Act for the taking, examining, and stating, the Public Accompts of the Kingdom," on Saturday next, at One a Clock.

Justices of Peace, who have been turned out, List of, to be brought in.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk of the Crown in Chancery do lay before this House, with all convenient Speed, a List of all the Justices who have been put out of the Commission of Peace, in the several Counties of this Kingdom, since Midsummer One Thousand Seven Hundred.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.