House of Lords Journal Volume 17
2 February 1705

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1767-1830

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'House of Lords Journal Volume 17: 2 February 1705', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 642-645. URL: http://www.british-history.ac.uk/report.aspx?compid=14843 Date accessed: 24 July 2014.


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DIE Veneris, 2 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Carliol.
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Buckingham, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Newcastle.
Dux Marlborough.
Comes Bridgewater.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Torrington.
Comes Scarbrough.
Comes Orford.
Comes Jersey.
Viscount Townshend.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Colepeper.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Conway.

PRAYERS.

Guy's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Thomas Guy Gentleman, deceased, in Trustees, to be sold, for the Payment of his Debts."

Hatcher's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for raising Money, for Payment of the Debts of Thomas Hatcher Esquire, by Sale or Mortgage of some Part of his Estate; and for the better Execution of several Powers in his Marriage Settlement."

Abuses of Collectors, &c. to prevent, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for remedying Abuses of Collectors of several Public Taxes; and for the issuing out Process (in Case of Deficiencies upon the Land Tax for the Year One Thousand Seven Hundred and Five) only against such Places where the Deficiencies shall happen; and for relieving the Division of Kesteven, in the County of Lincolne, against the Deficiency charged thereupon for the Year One Thousand Six Hundred Ninety-eight; and for examining the Accompts of the Receivers and Collectors of the County of Devon, and City of Exon," shall be read on Thursday next, at Twelve a Clock.

Burr's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting an Estate, mortgaged in Fee by Thomas Burr to Anthony Tomkins (now in Infants) in Trustees, to re-convey the same to the said Thomas Burr, or as he shall appoint, upon Payment of all the Monies due on the said Mortgage."

D. of Devonshire's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Trustees, certain Manors and Lands of William Duke of Devonshire, and William (commonly called Marquis of Hartington), to enable them to mortgage the same, for Payment of Debts; and, subject thereunto, to settle the same to the like Uses as the same are now settled."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Comes Pembroke, P.
Dux Buckingham, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Newcastle.
Dux Marlborough.
Comes Bridgewater.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Torrington.
Comes Scarbrough.
Comes Orford.
Comes Jersey.
Viscount Townshend.
Arch. Cant.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Carliol.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Culpeper.
Ds. Rockingham.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Conway.

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Hooper's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising Money, by a Mortgage of a Plantation in The Barbadoes, to pay the Debts of Robert Hooper."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named.

Whitley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Whitley Esquire, as he was One of the Sureties of Morgar Whitley Esquire, lately Receiver General for the Counties of Chester and North-Wales."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Richard Cobb Esquire, as One of the Sureties for Thomas Cobb Gentleman, deceased, Receiver General for the County of Southampton," stands committed.

Their Lordships, or any Five of them; to meet on Monday the Fifth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Malett's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Trustees all the Estate of Baldwin Malett Esquire, and William Malett his Son and Heir Apparent, for Payment of the Debt of the said Baldwin Malett to Her Majesty, as he was Receiver General for the County of Somersett, and City and County of the City of Bristol; and for settling the Residue on the said William Malett, his Heirs and Assigns for ever, as by Agreement between the said Baldwin Malett and William Malett."

Delays in Writs of Error, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent Delays in Writs of Error in several Cases."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Coke's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for Confirmation of an Agreement, made between Thomas late Lord Bishop of Carlisle and Thomas Coke Esquire, for vesting the Rectory of Melborne, in the County of Derby, in the said Thomas Coke and his Heirs, upon Augmentation of Rents to the Bishopric of Carlisle, and of the Stipend to the Vicar of Melborne," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Grainge's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate of Joseph Grainge and Elizabeth his Wife in Trustees, to be sold; and to dispose of Part of the Money arising by such Sale, for the Maintenance of the said Elizabeth, pursuant to their Marriage Settlement; and to apply the Residue to the Payment of the Debts of the said Joseph Grainge."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Green's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Green, of Gavellacre, in the County of Southampton, Clerk, to sell some Estates in Hacklestone, in the County of Wilts; and for the settling other Estates, in Gavellacre, in the County of Southampton, of a better Value, to the same Uses."

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Freeman and others:

Who brought up a Bill, intituled, "An Act for Sale of several Lands and Hereditaments of George Nodes Esquire, in the County of Hertford, for Payment of his Debts, and the Debts of George Nodes Esquire his Father, deceased, charged thereupon;" to which they desire the Concurrence of this House.

Nodes's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of several Lands and Hereditaments of George Nodes Esquire, in the County of Hertford, for Payment of his Debts, and the Debts of George Nodes Esquire his Father, deceased, charged thereupon."

Report of Address, Admiralty Papers.

The Earl of Orford reported from the Lords Committees, (appointed to consider of the Books and Papers delivered into this house from the Commissioners of the Admiralty), an Address drawn by them.

Which was read, and agreed to, as follows; (videlicet,)

"May it please Your most Excellent Majesty,

"We, Your Majesty's most loyal and obedient Subjects, the Lords Spiritual and Temporal in Parliament assembled, having referred several Books and Papers laid before the House, from the Treasury, Admiralty, and Navy Offices, to a Committee; and received and fully considered their Report thereupon, think ourselves bound in Duty to represent to your Majesty the following Observations:

"It appears to us, by the Accompts of the Navy, that the Charge of the Navy (exclusive of the Ordnance for Sea Service) for the Three last Years, amounts to the Sum of £. 6,559,127. 12s. 2d.

"It does also appear, by the Books delivered by the Lord Treasurer, that the Provision designed by Parliament for the Service of the Navy (excluding the Ordnance for Sea Service, for the said Three Years) amounted to the Sum of £. 6,193,094. 15s. 00d.

"So that the Charge of the Navy within that Time has exceeded what was designed by the Parliament, besides the Charge of the Ordnance for Sea Service, the Sum of £. 366,032. 17 s. 2 d.

"We also observe, that whereas the Provision intended by Parliament for the said Three Years amounted (as aforesaid) to the Sum of £. 6,193,094. 15 s.; it appears, by the Accompts of the Treasury, that there has been issued to the Use of the Navy, (exclusive of the Ordnance) to the Eighth of Nov'r 1704, the Sum of £. 5,051,788. 15 s. 4 d.

"So that there has been issued for the Use of the Navy £. 1,142,361. 2 s. 4 d. short of the Proportion allotted to that Service by Parliament.

"But we beg Leave to observe, that the Navy Accompts make the Sum received by the Treasurer of the Navy, between Michaelmas 1701 and Michaelmas 1704, to amount to £. 5,420,700. 11 s. 1 d.; which Difference, we conceive, arises by the Navy Accompts commencing sooner than the Treasury Accompts, and by the voluntary Charge of the Treasurer of the Navy.

"We also beg Leave to acquaint Your Majesty, that, by the Accompts delivered in and signed by the Commissioners of the Navy, it appears, the Debt of the Navy, at Michaelmas 1704, amounted to the Sum of £. 2,266,864. 17 s. 10 d.; and that the Debt of the Navy, at Michaelmas 1702, amounted to the Sum of £. 1,016,767. 3 s. 9 d.

"So that the Debt of the Navy, in Two Years Time, has increased the Sum of £. 1,250,097. 14 s. 1 d.

"But we take Notice, that by the Treasury Books it appears, that the Funds given by Parliament, for the Service of the War, have proved deficient, and fallen short of answering the Services intended by Parliament, and several extraordinary Expences of the War, the Sum of £. 1,194,249. 16 s. 51/4.

"We further humbly observe to Your Majesty, that by the Treasury Books it appears, Provision was made by Parliament, that a Number of Men, not exceeding Forty Thousand (including Five Thousand Marines) should be employed for the Service of the Year 1704; for whose Wages there was appointed the Sum of £. 731,507. 1 s. 2 d.: That the Charge of Wages for that Year, by the Navy Accompts, amounts to the Sum of £. 651,963. which Sum of £. 651,963, amounts only to the Wages of Thirtythree Thousand Four Hundred and Thirty-four Seamen. So that Fifteen Hundred and Sixty-six Seamen were wanting, to make up the Number of Thirty-five Thousand; who, with the Five Thousand Marines ought to have been employed at Sea, to make up the Forty Thousand Men.

"We beg Leave farther to observe to Your Majesty, that there were the last Year Ten Flags in Sea Pay; videlicet, Three Admirals, Three Vice Admirals, and Four Rear Admirals; and that Three of these were not in their Posts.

"That Mr. Churchill, Admiral of the Blue, has not been at Sea in any Year of this War.

"Mr. Graydon, Vice Admiral of the Red, has been ashore all this last Year.

"And that Sir James Wishart, though a Rear Admiral, has been the last Year Captain to the Admiral of the Fleet.

"There were Two Vice Admirals of the Red, and Two Rear Admirals of the Blue; but no Vice Admiral of the White: Which seems to us to have been very irregular, and to have been done in Favour of Mr. Graydon, to continue him in the Service; although this House had voted, "That his Behaviour, in letting the Four French Ships escape, was a Prejudice to Your Majesty's Service, and a great Dishonour to the Nation; and that his Proceedings in Jamaica had been a great Discouragement to the Inhabitants of that Island, and prejudicial to Your Majesty's Service;" and thereupon we did, on the 29th of March last, make an humble Address to Your Majesty, "That the said Graydon might not be employed any more in Your Service." But we have been acquainted, since the Report made to us from our Committee, that the said Mr. Graydon is discharged; and we humbly beseech Your Majesty, that he may be no more employed in Your Majesty's Service.

"We humbly offer it to Your Majesty, as our Opinion, that the permitting Officers to be absent from their Duty, is not only of ill Example, but may prove of very fatal Consequence in Time of Service.

"We humbly desire Leave to observe to your Majesty, that it appears by the Navy Books, in the Year 1697 (the last Year of the last War) the Pensions amounted only to Seven Thousand and Seventyseven Pounds; since which Time they are so far increased, that the Estimate of the Pensions for the Year 1705 amount to Eighteen Thousand and Eleven Pounds; One of these is a Pension of Three Hundred Nineteen Pounds, Seventeen Shillings, and Six Pence, to Sir John Munden; though Your Majesty, upon Consideration of the Circumstances relating to the Expedition to Corunna; had been pleased to determine, that he had not done his Duty, and that Your Majesty did not think fit to continue him in Your Service, and declared Your Pleasure, that he should be immediately discharged from his Post and Command in the Navy.

"We have been also informed, that the Pension of Admiral Nevill's Widow, which is set down in the Books as continuing, has not been paid for Two Years past. At the same Time we find the Pensions so much increased, we have been informed, that some Officers of Your Majesty's Fleet have been laid aside, without any Pension or Consideration, though no Crime or Misbehaviour has been laid to their Charge.

"We beg Leave to observe farther, that, in the ordinary Estimate of the Navy, delivered in to the Parliament, and for which Allowances were Annually demanded and made, there is put down for the Prince's Council Seven Thousand Pounds; whereas it appears, that in the Year 1702 they were only Four in Number, in the Year 1703 Five, and Six only in the Year 1704; and yet it does not appear that more than a Thousand Pound apiece has been paid to them.

"We also observe, that Mr. Churchill's Appointments from the Navy are, as Prince's Council, a Thousand Pounds; for Pension, Five Hundred; as Admiral of the Blue, Twelve Hundred Seventy-seven Pounds, Ten Shillings; and for Table-money (though not at Sea), Three Hundred Sixty-five Pounds; in the Whole, Three Thousand One Hundred and Fortytwo Pounds, Ten Shillings.

Memorandum, The Scheme mentioned to be annexed to this Address, is the same which was reported and entered on the 18th Day of January last.

"Upon a careful Inspection of the Admiralty Book, relating to Your Majesty's Ships employed from the First of January to the First of November 1704, as Cruizers and Convoys for the Home Trade (though the same be kept very confusedly); we have extracted out of it, and annexed to this our humble Address, a Scheme of the Number of Ships, and the Time for which the same have been employed in cruizing, or as Convoys for the Protection of Trade; to which we humbly desire to refer.

"In that Scheme, all the Days are set down that can be found, when any of these Ships were cruizing; and, upon a Calculation, all of them together have not done the Duty of Three cruizing Ships, kept constantly on the Service for Ten Months; besides, several of these Cruizers were ill chosen, and improper Ships for that Purpose, as being the worst Sailers in the Fleet, particularly The (fn. *) Warspright, Expedition, Gloucester, Assistance, and Falkland; and the Number of Ships that have been at any Time employed within that Time as Cruizers do not exceed Twenty-two, and for Home Convoys Seven.

"Whereas, in the late War, the Parliament judged it necessary that there should be employed, for Protection of Trade, besides the main Fleet, and Foreign Convoys, Four Third Rates, Sixteen Fourth Rates, Thirteen Fifth Rates, and Ten Sixth Rates; in the Whole, Forty-three.

"Having thus humbly laid these our Observations before Your Majesty; we rest assured, that Your Majesty's great Wisdom and tender Concern for the Happiness of Your Subjects will dispose You to apply the proper Remedies. Your Majesty is fully satisfied, that the Honour and Safety of Your Dominions, and the Security of Trade, depend entirely upon a due Management of the Naval Affairs; and therefore we doubt not but Your Majesty will consider of the fittest Methods, and give the most effecttual Orders, for the restoring and establishing the Discipline of the Navy. And, as we are very sure Your Majesty is touched, in the most sensible Manner, with the late heavy Losses of the Merchants, and the Persons of many Hundreds of your Seamen; so we humbly beseech Your Majesty to give Your Commands, that all possible Methods may be taken, for the Encouragement of Seamen, the guarding of the Coasts, and the Protection of Trade."

House to attend the Queen with it.

ORDERED, That the whole House do attend Her Majesty, with the said Address.

It is 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 Majesty, with their Address agreed to this Day.

To secure England from Dangers arising by Acts passed in Scotland, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland."

Hodie 3a vice lecta est Billa, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Pitt:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Method of passing Bills between the Houses.

Lords Committees appointed to consider the Method of passing Bills between the Two Houses; whose Lordships, having considered thereof, and searched such Precedents concerning the same as they shall think fit, are afterwards to report to the House:

Dux Bucks, C. P. S.
Dux Bolton.
Comes Stamford.
Comes Sunderland.
Comes Rochester.
Comes Torrington.
Viscount Townshend.
Epus. Carliol. Ds. Ferrers.
Ds. Wharton.
Ds. Pagett.
Ds. Poulett.
Ds. Mohun.
Ds. Guilford.
Ds. Sommers.
Ds. Halifax.

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

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Coke and others:

Who brought up a Bill, intituled, "An Act to naturalize Margarita Cecilia Cadogan, Wife of Brigadier General Cadogan, and Gilbert Affleck;" to which they desire the Concurrence of this House.

Cadogan & al. Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize Margarita Cecilia Cadogan, Wife of Brigadier General Cadogan, and Gilbert Affleck."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Eyre and others:

Who brought up a Bill, intituled, "An Act for giving like Remedy upon Promissory Notes as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange;" to which they desire the Concurrence of this House.

Promissory Notes and Inland Bills of Exchange, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for giving like Remedy upon Promissory Notes as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange."

ORDERED, That the said Bill be read the Second Time on Monday next, at Twelve a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

* Sic.