House of Lords Journal Volume 18: 25 February 1708

DIE Mercurii, 25 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cherril to Studley, Highway Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for the better Amendment of that Way which leads from Cherril through Calne to Studley Bridge, in the County of Wilts," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Amendment of that Way which leads from Cherril through Calne to Studley Bridge, in the County of Wilts."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

East Riding York, Register, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements, or Hereditaments, within the East Riding of the County of York, or the Town, and County of the Town of Kingston upon Hull."

E. Rzdnor, Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Queen's Bench and Mr. Justice Powell, to whom was referred the Petition of Charles Bodvile Earl of Radnor; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner has hereby Leave to bring in a Bill, as desired.

Killingworth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of a Piece of Ground, late of John Killingworth Esquire, deceased, on which stood several old and decayed Tenements; and applying the Purchasemoney for the Benefit of his Wife and Daughters."

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

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

E. Bindon & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Henry Earl of Bindon and Henrietta Countess of Bindon his Wife, the Right Honourable Sarah Countess Dowager of Thomond, and the Right Honourable Henry Earl of Thomond; praying Leave to bring in a Bill, to enable the said Countess of Bindon, together with the said Earl of Bindon her Husband, to make Leases of all or any Part of the Manors and Lands, and Town of Carlow, in the Petition mentioned, for the encouraging of the re-building of the said Town, and better improving the said Manors and Lands; and also for the evidencing the several Settlements, so as they may be made Use of in any Courts of Law or Equity in the Kingdom of Ireland, for preserving and maintaining the Rights of the several Persons who claim under the same:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Queen's Bench and Mr. Justice Dormer; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Rolle & al. Petition rejected.

Upon reading this Day the Report of the Judges, upon the Petition of Robert Rolle, John Rolle, Dennis Rolle, Grandsons of Sir John Rolle deceased, and of Dennis Rolle and Charles Rolle Younger Sons of the said Sir John Rolle; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned, and due Consideration of the said Report:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, rejected.

Sir Henry Bond's Attainder, Bill to reverse.

The Earl of Sunderland, by Her Majesty's Command, brought in a Bill, intituled, "An Act for the Reversal of the Attainder of Sir Henry Bond Baronet, in Ireland;" which Bill was signed by Her Majesty.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Reversal of the Attainder of Sir Henry Bond Baronet, in Ireland."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for Sale of Part of the Estate of James Hamilton Esquire, deceased;" to which they desire the Concurrence of this House.

Hamilton's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of James Hamilton Esquire, deceased."

Upon the First Reading of the Bill, intituled, "An Act for Sale of Part of the Estate of James Hamilton Esquire, deceased:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to the Lord Chief Justice of the Common Pleas and the Lord Chief Baron of the Exchequer; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the more effectual making and keeping the River Tone navigable;" to which they desire the Concurrence of this House.

River Tone, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual making and keeping the River Tone navigable."

Cruizers and Convoys, Bill.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better securing the Trade of this Kingdom, by Cruizers and Convoys:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee thereupon, on Saturday next, at Twelve a Clock; at which Time the Petitioners, the Owners of the Ship Worcester, shall be heard, if the Committee think fit.

Militia, Scotland, Bill.

The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for settling the Militia of that Part of Great Britain called Scotland."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Militia of that Part of Great Britain called Scotland."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Sir Seymour Pile's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Sir Seymour Pile's Estate, for Discharge of Incumbrances and Debts; and laying out the Residue of the Money arising by such Sale, for a Provision for himself and Family."

Cochineal, for Importation of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Importation of Cochineal, during this War, and Six Months after."

Ambuscade, a free Ship, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to make the Ship Ambuscade (a French Privateer, taken by Her Majesty's Ship The Dover, and condemned and sold as Prize) a free Ship."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom Mr. Killingworth's Bill stands committed.

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

Carey's Petition, claiming the Barony of Hunsdon.

The Earl of Sunderland, by Her Majesty's Command, presented to the House, a Petition of William Ferdinand Carey Esquire, with Her Majesty's Reference thereupon.

Which was read, and is as follows; (videlicet,)

To the Queen's most Excellent Majesty.

The humble Petition of William Ferdinand Carey Esquire;

Humbly sheweth,

"That Sir Henry Carey Knight, your Petitioner's Ancestor, was, by Your Majesty's Predecessor Queen Elizabeth, created Baron of Hunsdon, in the County of Hertford, to him and the Heirs Males of his Body, by Letters Patent, dated the Thirteenth Day of January in the First Year of Her Reign.

"That the said Sir Henry Carey Knight, Baron of Hunsdon, was summoned, by the said Queen's Writ, to the Parliament held in the First Year of Her Reign, and to several succeeding Parliaments of the said Queen, till his Death, and did sit and vote in them as a Baron of Parliament; and, by being so created, sitting and voting, was ennobled in Blood, and had an Inheritance in the said Dignity, to him and the Heirs Males of his Body.

"That the said Dignity descended to his Son and Heir Sir George Carey Knight, who died without Issue Male; whereupon the said Dignity became lawfully vested in Sir John Carey Knight, Second Son of the aforesaid Sir Henry Carey Knight, First Baron of Hunsdon; and after his Decease, it descended to Sir Henry Carey Knight of the Bath, his Son and Heir, whose Son and Heir Sir John Carey Knight of the Bath succeeded his Father, who were all possessed of the said Dignity; but, upon the Decease of the last mentioned Baron of Hunsdon without Issue Male (who was likewise Viscount Rochford and Earl of Dover), the said Dignity of Baron of Hunsdon was inherited by Sir Robert Carey Knight, Son and Heir of Sir Horatio Carey Knight, Son and Heir of Sir Robert Carey Knight, Son and Heir of Sir Edmund Carey Knight, Third Son of the said Sir Henry Carey Knight, who was First created Baron of Hunsdon; which Sir Robert Carey Knight was seised of the said Dignity, by being summoned, sitting, and voting, in several Parliaments in the Reigns of the late King Charles the Second and James the Second, till the Time of the Decease of the said Sir Robert Carey without Issue.

"After whose Decease, the said Dignity of Baron of Hunsdon was inherited by Robert Carey Esquire, Son and Heir of Ernestus Carey Esquire, Second Son of the said Sir Robert Carey Knight, Son and Heir of the said Sir Edmund Carey Knight, Third Son of the said Sir Henry Carey Knight, First Baron of Hunsdon, who was likewise seised of the said Dignity, by being summoned, sitting, and voting, in several Parliaments, in the Reigns of King William and Queen Mary, and of Your most Gracious Majesty, till his Death, without any Issue, which happened on the Eleventh Day of September in the Year 1703.

"Whereupon the said Dignity of Baron of Hunsdon, by Virtue of the said Limitation to the Heirs Males, is descended and come to Your Petitioner (born beyond the Seas, but naturalized by Act of Parliament passed in the Second Year of the Reign of the late King William and Queen Mary), as Lineal Heir Male of Sir Henry Carey Knight, his Ancestor, created Baron of Hunsdon by Queen Elizabeth; (videlicet,) as only Son and Heir of Wm. Carey Esquire, only Son and Heir of Ferdinand Carey Esquire, Third Son of the aforementioned Sir Robert Carey Knight, Son and Heir of the said Sir Edmund Carey Knight, the Third Son of the said Sir Henry Carey Knight, so created into the said Dignity of Baron of Hunsdon, as by a Copy of your Petitioner's Pedigree, hereunto annexed, may more plainly appear.

"Your Petitioner therefore most humbly prays, That Your Majesty will be graciously pleased to direct Your Royal Writ of Summons to him the said William Ferdinand Carey, to sit in Your present Parliament, whereby he may be entitled to the like Privileges formerly enjoyed by his Ancestors, Barons of Hunsdon.

"And Your Petitioner shall ever pray, &c.

"William Ferdinand Carey."

Queen's Resurence of it.

"Anne R.

We are graciously pleased to refer this Petition to the House of Peers, to take the Petitioner's Claim and Title into their Consideration, and to do and determine thereupon what shall be found just and right.

"Given at Our Court at Kensington, this Three and Twentieth Day of February 170⁷/8, in the Sixth Year of Our Reign.

"By Her Majesty's Command.

"Sunderland."

Carey's Claim to the Barony of Hunsdon, referred to Committee Privileges.

Upon reading this Day the Petition of William Ferdinand Carey Esquire, claiming the Title of Baron of Hunsdon, as descended to him from his Ancestors; and praying a Writ of Summons to Parliament; which Petition was presented to Her Majesty, and by Her Majesty referred to this House, with his Pedigree annexed to the said Petition:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges: Who are to send for and hear such Persons thereupon as they shall think fit; and to report to the House their Opinion thereupon, when, and as often as, they shall see Cause.

Which Committee is to meet on Monday next, in the House of Peers, at Ten a Clock in the Forenoon; and to adjourn as they please.

Report of Address, relating to Merchants Complaints, &c. on Account of Losses for Want of Cruizers and Convoys.

The Duke of Bolton reported from the Lords Committees, to whom was referred the Consideration of the Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London, an Address drawn by them, pursuant to the Order of this House, of the Seventeenth Instant.

Which was read, and agreed to by the House; (videlicet,)

Address.

"We, Your Majesty's most dutiful and obedient Subjects, the Lords Spiritual and Temporal in Parliament assembled, do humbly acquaint Your Majesty, That, early in this Session of Parliament, a Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London, was presented to the House, whereby they complained of great Losses, by the ill-timing of Convoys, and for Want of Cruizers; so that they durst no longer engage the Remainder of their Estates, to carry on their several Trades, unless immediate Care was taken to remedy these Two main Causes of their Misfortunes.

"This Petition containing Complaints of great Consequence to Your Majesty's Subjects; and we being sensible that nothing but a strict and impartial Inquiry into Matters of Fact could put them in a due Light, and enable us to distinguish between illgrounded Clamours and a just Cause of Complaint; in order to take the usual Method of being rightly and fully informed, did refer the Petition to a Committee; and did also refer to the same Committee several Papers, which the House had found necessary to call for from the proper Offices, for their better Information in divers Things relating to the Navy.

The Committee having prepared a Report, and presented it to the House; upon a mature Consideration, it was approved and agreed to; and we think it our Duty, humbly to lay the same before Your Majesty.

"The Lords Committees have heard many of the Petitioners upon their Oaths; and have caused them to put their Depositions into Writing, and to sign the same.

"After this Report had been made and agreed to; the House was moved, "That it might be transmitted to the Lord High Admiral." Which was readily assented to; and the same was transmitted accordingly, together with all the Depositions relating thereto.

"On the Ninth of January last, a Paper was laid before the House, which purported to be the Lord High Admiral's Answer.

The House took this Answer into their most serious Consideration; and finding several Facts stated therein very differently from what had been asserted by the Merchants upon their Oaths (who had therefore, according to the Methods of Justice, a Right to be further heard, by Way of Reply); and finding several other Things alledged, in the Answer, which at First Sight seemed to be plain Mistakes; we thought it necessary, for our further Information and Satisfaction, to appoint a Committee, to hear the Merchants, and also to make such Observations upon the Answer as they should think proper.

"The Committee having perfected their Report, and laid it before the House; the same was agreed to. And we think ourselves obliged humbly to present this Second Report to Your Majesty.

"May it please Your Majesty,

"We, having thus performed what we take ourselves to be indispensably obliged to, cannot doubt but it will be graciously accepted by Your Majesty, as coming from most dutiful Subjects, who sincerely wish they may never have Occasion hereafter of making Addresses to Your Majesty, but to congratulate Your Successes, or to return our humble Acknowledgements for the Blessings of Your Reign.

"We beseech Your Majesty to believe, that none of Your Subjects do exceed us in true Respect to his Royal Highness the Lord High Admiral; his great Personal Virtues require it, and his near Relation to Your Majesty makes it our Duty: And as we do not mean that any Thing in this Address should in the least reflect upon him; so, we are very well assured, his Royal Highness will never suffer other Persons to protect themselves, under his Name, from a just Pursuit for such Faults or Neglects as immediately tend to the Ruin of Trade and the Destruction of Britain.

There cannot be a plainer Proof that some Persons employed by the Lord High Admiral have made the worst Use imaginable of the Trust he honours them with, than in their presuming to lay such an Answer before the House of Lords in his Name.

"For (not to take Notice of the many Things which in the Second Report have been already laid before Your Majesty), throughout the whole Paper, there is not the least Hopes given that for the future any better Care shall be taken of the Trade; on the contrary, the whole Turn of the Answer seems to be intended for exposing the Complaints of the Merchants, rather than pitying their Losses.

"We are sure, nothing can be more remote from the Goodness and Compassion of the Lord High Admiral's Temper, and the tender Regard he has always shewn for Your Majesty's Subjects.

"May it please Your Majesty,

"It is a most undoubted Maxim, That the Honour, Security, and Wealth of this Kingdom does depend upon the Protection and Encouragement of Trade, and the improving and right managing the Naval Strength. Other Nations, who were formerly great and powerful at Sea, have, by Negligence and Mismanagement, lost their Trade, and seen their Maritime Strength entirely ruined. Therefore, we do in the most earnest Manner beseech Your Majesty, That the Sea Affairs may always be Your First and most peculiar Care. We humbly hope, that it shall be Your Majesty's chief and constant Instruction to all who shall have the Honour to be employed in Your Councils, and in the Administration of Affairs, that they be continually intent and watchful in what concerns the Trade and Fleet; and that every One of them may be made to know, it is his particular Charge, to take Care that the Seamen be encouraged, the Trade protected, Discipline restored, and a new Spirit and Vigour put into the whole Administration of the Navy."

House to go with the Address.

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

Lords to attend the Queen.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on Her Majesty, humbly to know what Time Her Majesty will please to be attended, with an Address of this House, agreed to this Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Lunæ, 26 die Aprilis, 1708.
Hitherto examined by us,
Orford.
Somers.
Halifax.