House of Lords Journal Volume 17: 1 March 1705

DIE Jovis, 1 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Low Wines, &c. Bill.

Subsidy Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures, and upon Hawkers, Pedlars, and Petty Chapmen, and upon Muslins; and for granting new Duties upon several of the said Commodities, and also upon Callicoes, China Ware, and Drugs;" and also the Bill, intituled, "An Act for granting to Her Majesty a further Subsidy upon Wines and Merchandizes imported," shall be read the Second Time on Saturday next, at Twelve a Clock.

Recruits for Land Forces, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better recruiting Her Majesty's Land Forces and the Marines, for the Year One Thousand Seven Hundred and Five."

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

Report of the Committee, in relation to Naval Affairs.

The Duke of Bolton reported, from the Committee appointed by the House, to consider of the State of the Nation in relation to Naval Affairs, as follows; (videlicet,)

"By Reason of the great Number of Papers brought before them, and the Variety of Matters which have fallen under their Consideration, are not, at present, ready to make a general Report to the House; which they hope to do in a very short Time: But the House having particularly referred to the Committee an Information, sworn at the Bar of the House, by Captain Benjamin Edwards, relating to an unlawful Trade carried on with France, as well from Scotland and Ireland, as from England; they think it their Duty, at present, to report to the House, what they find upon their Inquiry relating to that Head.

"Having caused the Memorial, sworn by the said Captain Edwards, to be read over in his Presence; and examined him, "How far he could be particular as to the Names of the Ships, or of the Masters, he saw at Bordeaux, or in other Parts of France; or as to the Names of other Persons, Her Majesty's Subjects, concerned in Trading there?"

"He named, "One Campbell, Master of the Ship Mary, Burthen about 100 Tons, which came with Provisions in January 1703.

One Gordon, who came with a Dogger of about 100 Tons, with Provisions.

Also one Carter, or Maccarty, in The Lamb, Burthen 70 Tons, laden with Provisions.

These Three came from Ireland.

He saw Two small Vessels, which came from Lime (as he was told); but could not learn their Names.

He saw great Quantities of Lead on the Shore; but could not tell out of what Ship it came.

He saw Five or Six English and Irish Ships at Rochel, and Four at St. Martin's, and another Ship of 80 Tons at Bordeaux; but knows not the Names of the Ships or Masters; nor the Names of the Masters who gave the French Privateers Notice of the Strength of Sir George Rooke's Fleet, as he had mentioned in his Memorial."

He brought several Persons before the Committee, to inform them of this unlawful Trade; particularly, Captain Josiab Francis, who, being sworn, acquainted the Committee, "That he was taken by a Marteneco Privateer, and sent for Bordeaux; but the Ships being driven, by contrary Winds, to Rochel, he saw there John White, of Ross in Ireland, who told him, "He belonged to a Ship which then lay Stern of them." Captain Francis knew the Ship to be The Angel Gabriel, of Ross, Nicholas Rock Master, whom Francis saw several Times after in Rochel. The Ship belonged to Maurice Neale and one Brown, of Rosse."

He saw, at Rochel, James (fn. 1) Mac Creagh, of Dublin, Commander of a Galley, belonging (as he was informed) to Alderman Bell, of Dublin, which then lay out at Pallise Road, with several other Ships, Homeward-bound. (fn. 2) Mac Creagh's Ship had made Three or Four Voyages to France since the War, as Captain Francis was informed.

"An Irish Sloop, of which one John Roberts was Master, came in, and discharged her Lading of Provisions at the Key of Rochel, while Captain Francis was there; which, he was informed, belonged to John Lucas and Thomas Crocker, Merchants, in Youghall.

"He saw Wm. Williamson taking an Account of Provisions then landing out of a Pink; which, Williamson told him, belonged to Alderman Bell, of Dublin. He also said, There were then Fifteen English and Irish Ships in the Port, who waited to go out with several Ships of War that lay in the Road, and were reported to be victualed, and some of them loaden with Provisions out of those Ships.

Rock and (fn. 2) Mac Creagh caused Francis to be close consined, that he might not observe their Trade; and they endeavoured to perswade him; and other Prisoners, to take Service with them, or with the French.

"One Quen, an Irishman, who goes every Year to Martenico, to buy New-England-built Ships for the Irish Trade, offered Captain Francis the Command of the same Ship he came in from Martenico, if he would take an Oath to bring her again to France.

"Francis asking him, "How such a Trade could be carried on with Safety?" He said, "The Government connived at it, in England and Ireland."

At Nants, he met with Thomas Day, Commander of a Ship from Youghall, which belonged to Mr. Lucas and Mr. Crocker; who also told him, "That John Roberts was then at Rochel, with a Sloop belonging to the same Owners."

"And being afterwards in Company with Captain Fowle, at Nants, he spoke with James Hore; who owned, "That his Ship, The Bridget, of Ross, was then down the River; and that her Owner was one Luke Owen, of Ross."

"Captain William Fowles, who was also sent a Prisoner from Martenico to France, informed the Committee, "That, in April last, going between Olerone and St. Martin, they met Six Sail of English and Irish Vessels, coming out among many French Ships; and One Ketch coming near the Ship in which Captain Fowle was, he asked, "Whither they were bound?" And they answering, "For Ireland;" he desired Passage with them; which they refused. He was informed, by One that saw her, "That the same Ketch went then to Bordeaux, and there loaded for Ireland."

In Rochel Road, he saw Three English or Irish Ships; which (as he was informed) had discharged their Provisions on Board some French Men of War lying at the Mouth of the River of Rochford, being bound to Brest, to join the Count de Tholouse.

He saw several Ships in the Pier, which, he was told, were Irish Ships that brought Provisions; and One, he was told, belonged to London.

He was put in the Common Gaol, with about Twenty English Prisoners; where Michael Brown, Master of a Ship belonging to Gallway, and one Ulridge, an Irish Merchant, coming to see him, told him, "There were then in the Road, The Angel Gabriel, of Ross, one Rock Master, and a Sloop belonging to Corke."

"He saw about Two Hundred Barrels of Beef, and some Butter, lying on the Key, by a Pink's Side, belonging to Dublin, and one William Williams watching it; who he knew had been Two Years since Cockswain of Her Majesty's Ship The Arundell. Williams told Captain Francis, "That their Ship belonged to Alderman Bell, of Dublin; and that there was then at Rochell Thirteen or Fourteen more Ships, belonging to Ireland."

"He says, "He saw several Irish Ships in the River of Nants; and met with Two Irish Masters, James Hoar Master of The Bridgett, of Ross; and Thomas Day, Master of a small Bark belonging to Youghall, by whom Captain Francis sent a Letter to his Father; which his Father received.

"The Governor refused him Leave to go abroad, upon Complaint of the Irish Masters and Merchants, that he would see their Ships, and so ruin their Trade."

"Richard Hodges, who was also sent Prisoner from Martenico, informed the Committee, "That, by Means of one White, an English Merchant at Bordeaux, he was first received aboard a Scotch Ship (commanded by one Gordon), and afterwards ordered aboard The Mary, of Glasgow, Alexander Campbell Master, who was then preparing to sail for Scotland.

"He saw at Bourdea'x, a Pink of 120 Tons, reported to belong to White and La Vie, of which one Craven appeared to be Master, bound to London.

"He saw a Ship come in, laden with Provisions, reputed a constant Trader; but did not remember the Master's Name.

"There was also a Ship of 100 Tons, belonging to Glasgow, which went with Swedes Colours, and was laden with Wines. This Ship he met afterwards coming from Scotland.

"One Richard Murphay came in, with a Ship of about Ninety Tons; and, in his Hearing, gave an Account how he was once stopped and examined coming from France; and by what Trick he escaped.

"He heard of several Ships with Provisions come to Rochel, which were expected at Bourdeaux.

"The Master of the Ship he was put aboard desired them to take an Oath, not to discover their coming from France (the Cask being all made Portugal Fashion, and having a false Pass and Clearing from Viana); but it was refused." He says, "When they came to Glasgow, they found no Opposition."

"There was an Affidavit of one Daniel Collet, taken before a Justice of Peace at Bridgewater, laid before the Committee; wherein Collet swears, "That, while he was Prisoner at Bordeaux, he saw several Irish and Scotch Ships come in, to trade there; particularly, The Mary and Anne, of Dublin, with Provisions; and she was laden back with Wines.

"That since that, he saw the same Ship at Waterford; having discharged her Cargo of Wine, and ready to take on Board another Cargo of Provisions."

"Mr. John Waller also gave in an Information of the Account he had, from one Michael, of Corke, of a great Trade carried on with France, from Dublin, Waterford, Ross, Cork, and Lymrick; and "that, by Michael's Means, he seized a Dogger in Oster Bay, laden with Wines from France, the Master's Name Robert Flavy, which he brought into Kinsale, and put into the Hands of the Prize Officers there; with the several Particulars of that Attack; and of the Insolence of Hamilton and Colwell, who pretended to own the Wines; and the Endeavours used to corrupt Waller, to hold his Tongue."

"Mr. Richard Burrough also gave Information, "That The Saint Catherine, of London, a Letter of Mart Ship, Charles Davenish Master, which was laden in The Thames, by Cross, Elliot, Nichols, and Fetiplace, Merchants, in 1702, sailed to Teneriff, and there put up a Swedes Flag, and unladed her Cargo there and at Oratavo, and was re-laden with Canary Wines, and came back to England, and was seized at St. Ives for trading to Spain; but was afterwards cleared at Doctors Commons." The Informer says, "He was so ill used by the several Officers, only because he declared the Truth, that it had been better for him to have been carried Prisoner to France with his Goods; and mentions the Particulars."

"He says, "While this Ship was at Teneriff, the Queen's Ship The Hampshire came, with a Flag of Truce, to demand the Merchants; which was refused by the General: And the Master of The St. Catherine then declared, "He was more afraid of The Hampshire than of any French or Spanish Ships of War."

"In Captain Benjamin Edwards's Information to the House, he gave a particular Relation of his procuring the Ship Friendship to be seized, upon the account of trading to France; and complained of the Proceedings before the Judges of the Admiralty.

"And Mr. Robert Masters and Captain John Edwards were examined by the Committee, in relation to that Matter.

"The Committee did also send for all the Proceedings in the Court of Admiralty, and perused the same, and considered the same.

"But the Register of the Admiralty informing the Committee, "That there was an Appeal depending before the Lords of the Council, against the Sentence given in the Court of Admiralty in that Cause, which was to be soon heard:"

"The Committee ordered the Papers to be re-delivered to the Register, in order that the same might be used at the hearing the Appeal.

"Upon that Hearing, the former Sentence was confirmed; and some of the Lords of the Committee being present when the Appeal was heard, and giving an Account to the Committee of what had passed at the said Hearing, the Committee, as well upon that Account, as upon Consideration of the Papers, were of Opinion, That the said Matter ought not to be further examined into; and that there was no Occasion to have complained of the Sentence of the Court of Admiralty.

"The Committee thought it was proper, without Loss of Time, to transmit Collett's Affidavit to the Secretary of State, to the Intent that some Course might be taken for stopping the Ship Mary Ann, which was therein said to be then sitting out at Waterford.

"The Committee also caused the Names of the Persons and Ships in Ireland, which were sworn to have traded with France, to be delivered to Captain Thomas Knox, who is employed, by the Order of the Lord Treasurer, to prevent a pernicious Trade carried on in Ireland, of transporting Wool to France; for which Purpose, Knox was just then going to that Kingdom.

"Knox delivered to the Committee, an Account of his former Proceedings, in relation to his hindering the exporting of Wool; which is humbly laid before the House, together with the several Informations beforementioned; to which, for greater Certainty in the Particulars, the Committee desire your Lordships will please to be referred.

"The Committee are humbly of Opinion, That there is sufficient Proof of an unlawful Trade carried on with France, from England, Scotland, and Ireland; which they submit to the House."

To which Report the House agreed.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Gilbert Heathcott and others:

Who brought up a Bill, intituled, "An Act for the better Relief of the Creditors of Thomas Pitkin, a Bankrupt; and for the Discovery of the fraudulent Practices of him and his Accomplices;" to which they desire the Concurrence of this House.

Pitkin's Creditors Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Relief of the Creditors of Thomas Pitkin, a Bankrupt; and for the Discovery of the frauculent Practices of him and his Accomplices."

Message from H. C. to return Wicks's Bill.

A Message was brought from the House of Commons, by the Lord William Pawlet:

To return the Bill, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Michael Wicks Esquire, late Receiver General of the Plantation Duties in the Port of London;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Pechels & al. Nat. Bill.

The House, pursuant to Order, proceeded to take into Consideration the Amendments made by the House of Commons, to the Bill, intituled, "An Act for naturalizing Jacob Pechels, Elias Landes, Francis Lacroix, and others."

Which Amendments were read Twice.

The Question was put, "Whether the Clause (A.) shall stand Part of the Bill?"

It was Resolved in the Negative.

Committee to prepare Reasons for disagreeing to a Clause in it.

Lords Committees appointed to draw Reasons, to be offered at a Conference with the House of Commons, upon the Lords Disagreement to the Clause (A.)

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

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House shall take into Consideration the most effectual Ways to prevent the Growth of Popery; and all the Lords summoned to attend.

Adjourn.

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