House of Lords Journal Volume 19: 7 July 1714

Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 19: 7 July 1714', in Journal of the House of Lords: Volume 19, 1709-1714, (London, 1767-1830) pp. 749-753. British History Online https://www.british-history.ac.uk/lords-jrnl/vol19/pp749-753 [accessed 19 April 2024]

In this section

DIE Mercurii, 7 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Eliens.
Epus. Bangor.
Epus. Lincoln.
Epus. Landav.
Epus. Asaphen.
Epus. Hereford.
Epus. Meneven.
Epus. Roffen.
Epus. Bristol.
Epus. Cestrien.		 Ds. Harcourt, Cancellarius.
Comes Oxon. & Mort. Thesaurarius.
Dux Bucks & Nor. Præses.
Comes Dartmouth, Custos Privati Sigilli.
Dux Shrewsbury, Camerarius.
Dux Somerset.
Dux Cleveland.
Dux Graston.
Dux Ormonde.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
Dux Devonshire.
Dux Montagu.
Dux Kent.
March. Dorchester.
Comes Poulet, Senescallus.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Northampton.
Comes Denbigh.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Torrington.
Comes Scarbrough.
Comes Rochford.
Comes Orford.
Comes Jersey.
Comes Greenwich.
Comes Wharton.
Comes Godolphin.
Comes Mar.
Comes Loudoun.
Comes Findlater.
Comes Northesk.
Comes Dundonald.
Comes Dunmore.
Comes Orkney.
Comes Roseberie.
Comes Portmore.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Kilsyth.
Viscount Bolingbroke.		 Ds. Bergevenny.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Paget.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John.
Ds. Compton.
Ds. Howard Escr.
Ds. Bruce.
Ds. Colepeper.
Ds. Rockingham.
Ds. Osborne.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Hervey.
Ds. Cowper.
Ds. Balmerino.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.

PRAYERS.

Vagrants Bill:

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for reducing the Laws relating to Rogues, Vagabonds, Sturdy Beggars, and Vagrants, into One Act of Parliament; and for the more effectual punishing such Rogues, Vagabonds, Sturdy Beggars, and Vagrants, and sending them whither they ought to be sent."

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

And the Lord North & Grey reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Then the Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Longitude at Sea, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for providing a Public Reward for such Person or Persons as shall discover the Longitude at Sea."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

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

And the Lord Bishop of Ely reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Then the Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Dagenham Level Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the speedy and effectual preserving the Navigation of the River of Thames, by stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex; and for ascertaining the Coal Measure."

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

It was Resolved in the Affirmative.

Scotch Linen Cloth Bill:

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and make more effectual an Act, passed in the Tenth Year of Her Majesty's Reign, for preventing Abuses in making Linen Cloth; and regulating the Lengths and Breadths, and equal sorting of Yarn in each Piece made in Scotland; and for whitening the same."

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

And the Lord Delawar reported from the Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then the Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Four preceding Bills.

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

To acquaint them, that the Lords have agreed to the Four several Bills aforementioned, without any Amendment.

Stealing and killing Cattle, to prevent, Bill.

The House was adjourned during Pleasure, in order to be put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing and punishing the stealing or unlawful killing of Cattle."

The House was resumed.

And the Lord Chief Baron of the Court of Exchequer being heard in relation to the said Bill:

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight.

Wrecks, for preserving, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the preserving all such Ships, and Goods thereof, which shall happen to be forced on Shore, or stranded, upon the Coasts of this Kingdom, or any other of Her Majesty's Dominions."

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

And the Lord Delawar reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto."

Messages from H. C. with a Bill; and to return the Bill for enlisting Soldiers without Authority; and the following ones:

A Message was brought from the House of Commons, by Mr. Chancellor of the Exchequer and others:

To return the Bill, intituled, "An Act to prevent the listing Her Majesty's Subjects to serve as Soldiers without Her Majesty's License;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, also, by Mr. Chancellor of the Exchequer and others:

With a Bill, intituled, "An Act to continue an Act of the Sixth Year of Her Majesty's Reign, intituled, An Act to enable Her Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of Her Dutchy of Cornwal, or annexed to the same;" to which they desire the Concurrence of this House.

Bourchier's Bill;

A Message was brought from the House of Commons, by Mr. Berkeley and others:

To return the Bill, intituled, "An Act for Sale of Part of the Estate late of Brereton Bourchier Esquire, deceased, for Payment of Debts, and other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ld. Vise Massereen's Bill;

A Message was brought from the House of Commons, by Mr. Shakerley and others:

To return the Bill, intituled, "An Act for confirming a Settlement made on the Marriage of the now Lord Viscount Massereene; and for better securing the Jointure of his Lady, and of Rachel Viscountess Dowager Massereene; and for vesting in Trustees certain Lands and Tithes in Ireland, to be sold, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wm. Brown's Bill;

A Message was brought from the House of Commons, by Mr. Edwards and others:

To return the Bill, intituled, "An Act for vesting Part of the Estate of William Browne, an Infant, lying in the Parishes of Bridgwater, Northpetherton, and Weston Zoyland, in the County of Somerset, in Trustees, to be sold, for Payment of a Mortgage, and other Debts and Legacies;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lady Kingston's Bill;

A Message was brought from the House of Commons, by the Lord William Powlet and others:

To return the Bill, intituled, "An Act to enable the Right Honourable Rachel Lady Kingston, an Infant, to make a Lease of Part of her Jointure Estate, notwithstanding her Infancy;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and the Bill to render more effectual the Acts to prevent Dangers from Recusants; and for settling Presentations to Benefices of Papists.

A Message was brought from the House of Commons, by Sir William Whitlocke and others:

To return the Bill, intituled, "An Act for rendering more effectual an Act made in the Third Year of the Reign of King James the First, intituled, An Act to prevent and avoid Dangers which may grow by Popish Recusants; and also of one other Act, made in the First Year of the Reign of Their late Majesties King William and Queen Mary, intituled, An Act to vest in the Two Universities the Presentations of Benefices belonging to Papists; and for vesting in the Lords of Justiciary Power to inflict the same Punishments against Jesuits, Priests, and other trafficking Papists, which the Privy Council of Scotland was empowered to do by an Act passed in the Parliament of Scotland, intituled, Act for preventing the Growth of Popery;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the Amendments were read, and agreed to.

And a Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Rogers, to acquaint them therewith.

Equivalent Accompts and Vouchers, &c. Report.

The Lord Halifax reported from the Lords Committees, to whom the general Abbreviate of the Receipts and Payments, made by the Commissioners of Equivalent, was referred; and who were to examine the Accompts and Vouchers relating to the Equivalent-money; and to whom likewise was referred the Consideration of the Bill, intituled, "An Act to discharge and acquit the Commissioners of Equivalent, for the Sum of Three Hundred Eighty-one Thousand Five Hundred and Nine Pounds, Fifteen Shillings, Ten Pence Half Penny, by them duly issued, out of the Sum of Three Hundred Ninety-eight Thousand Eighty-five Pounds, Ten Shillings, which they received, as follows; (videlicet,)

"That the Committee have read and considered the 15th Article of Union, the 15th and 16th Acts of the last Parliament of Scotland, and an Act of the First Parliament of Great Britain, intituled, An Act for the further directing the Payment of the Equivalent-money; wherein Directions are given how the Sum of £.398,085. 10s. and all other Equivalents to beanswered to Scotland, pursuant to the Agreements in the Treaty of Union, should be applied; how, and by whom, the several Kinds of Debts therein mentioned shall be certified and established, and the Order in which they shall be paid.

"That they have seen and examined the Warrants and Certificates by which these several Debts are established, and the Accompts of Payments made by the Commissioners of Equivalent out of the £ 398,085. 10s. which they acknowledged they received pursuant to the said 15th Article of Union, and charge themselves with it accordingly.

"The Accompts stand thus:

The Sums certified and due. Payments made by Commissioners of Equivalent. Balance standing out.
£. s. d. £. s. d. £. s. d.
"Loss, in reducing the English Milled Money, from 5s. 5d. per Crown, to the current Rate in England, 3,021 15 71/6 3,017 18 9 3 16 101/6
"Loss, in re-coining the Scots and Foreign Coin, and reducing it to the Standard of England, 49,888 14 111/6 49,888 14 111/6
Capital Stock, Interest, and Debts, of the African Company, 232,840 9 11½ 229,611 4 8 3,229 5 3½
"Encouragement of the Wool Manufactories, 14,000 — — 14,000 — —
"Commissioners, Secretaries, &c. to the last Two Treaties of Union, 30,500 — — 30,498 12 2 1 7 10
"1 Class, Civil List, Commissioners of Parliament, Bishops, &c. 27,568 17 9⅓ 27,553 17 9⅓ 15 — —
"2 Class, Civil List in Money, 4,849 14 7 4,655 6 — 194 8 7
"1 Class, Military List, 14,343 16 — 14,188 — 8 155 15 4
"2 Class, Military List, 18,085 19 72/3 14,458 2 85/6 3,627 16 105/6
"Incident Charges, Fees, and Salaries, which were paid before dividing between Civil and Military List, 2,986 1 61/6
"Total of Fees and Salaries due to Servants, to the 14th March and 30th April last, and of necessary Charges of the Commission before 26th March 1714, 7,637 18 21/6
£. 398,085 10 — 381,509 15 10½ 21,227 10 9½
Balance due, 16,575 14 1½
From which deduce the Fees and Salaries due to Servants from 14th March and 30th April, to the 24th June 1714, 125 — —
Balance remaining 24th June 1714, 16,450 14 1½
£. s. d.
The Debentures, 2d Class, Civil Lists, 40,795 14 7
The Debentures, 3d Class, Ditto, 5,188 14
The Debentures, 4 Class, Ditto, 29,555 16 5
The Debentures, 2d Class, Military List, 47,095 12 21/5
The Debentures, 3d Class, Ditto, 15,565 9 10
138,201 7 —1/5
The Second General Accompt of the Barons of Exchequer, 10,992 — 6 —
149,193 7 65/6
The Interest of these Debentures, from 24th June 1708, to 24 June 1714, 44,758 — 3
The Salaries due to the Commissioners of Equivalent, so long as the Balance of £ 16,450, 14s. 1d. ½ is in their Hands; and if the Debts payable in Ready Money are otherwise provided for, 15,129 11 3½
Total Debts standing out 24 June, 1714, £. 230,308 9 105/6

"That their Lordships did compare several Vouchers, under each of the Heads of the above Accompts, with the Accompts of Payment laid before them by the Commissioners of Equivalent; all which Vouchers and Accompts did exactly agree. And Four of the aforesaid Commissioners did declare, upon Oath, That they firmly believed the whole other Vouchers were there ready to be produced; and that, to the best of their Knowledge, they were all of the same Exactness with the Vouchers which had been called for and examined by their Lordships."

His Lordship further reported from the said Committee, "That they had considered the aforementioned Bill; gone through the same, and think it fit to pass, without any Amendment."

Commissioners of Equivalent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to discharge and acquit the Commissioners of Equivalent, for the Sum of Three Hundred Eighty-one Thousand Five Hundred and Nine Pounds, Fifteen Shillings, Ten Pence Half-penny, by them duly issued, out of the Sum of Three Hundred Ninety-eight Thousand Eighty-five Pounds, Ten Shillings, which they received."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Brewer, attending to solicit against a Bill, Complaint of an Assault:

Upon reading the Petition of Samuel Brewer Clothier; setting forth, "That he is employed by the Clothiers in the West, to solicit against the passing of the Bill depending in this House, relating to mixed or medley Broad Cloth; and that he was assaulted, in the Court of Requests, by one Mr. Day; and praying the Protection of this House."

Day to be attached for it.

And the Petitioner and Henry Colthurst being called in; and making Oath, at the Bar, of the said Assault:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said Mr. Day, and bring him in safe Custody to the Bar of this House, to answer for his Offence; and this shall be a sufficient Warrant in that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Sir Andrew Kennedy and Cuming, Report concerning:

The Earl of Findlater reported from the Lords Committees, appointed to examine the Allegations of the Petition of Sir Andrew Kennedy and John Vere Kennedy his Son, Conservators of the Scots Privileges in The Netherlands; praying, "That the Order or Judgement of this House, of the 19th of April 1711, may be made effectual to them: That the Committee had considered the said Petition, and examined the Allegations thereof, and heard the Parties in relation thereunto; and it appearing that Sir Alexander Cuming had not made Payment of the Costs, which, pursuant to the said Order or Judgement of this House, were taxed by the Lords of Session at the Sum of One Hundred Pounds Sterling; and notwithstanding the said Sir Alexander doth pretend to be entitled to a Debt owing by Sir Andrew, for which he pleads Compensation; as also that the Creditors of Sir Andrew had attached this Sum in his Hands; nevertheless neither of the said Allegations were made good by the said Sir Alexander: And in respect the said Costs ought to have been immediately paid, the Committee are therefore of Opinion, That the said Sum of One Hundred Pounds ought to be forthwith paid to the said Sir Andrew; and which ought to be declared no Way subject to, or affectable by, any Pretence of Compensation or Attachment: And it further appearing to the Committee, that Sir Andrew Kennedy and John Vere Kennedy his Son had not the full Enjoyment and Possession of their Office of Conservator, as directed by the above mentioned Order of this House, notwithstanding Her Majesty's Letter to The States General on Behalf of the said Sir Andrew and his Son; and that Sir Andrew, in endeavouring to obtain Possession of his said Office, having been put to very great Trouble and Expence, occasioned chiesly by a posterior Commission granted to Sir Alexander Cuming under the Great Seal for the said Office (which has been presented to The States of Zeland and Magistrates of Campvere); it is therefore the Opinion of this Committee, That the House be moved, that an humble Address be presented to Her Majesty, that Her Majesty will be graciously pleased to grant a new posterior Commission of the aforesaid Office of Conservator to the said Sir Andrew Kennedy and John Vere Kennedy, that thereby the said Order of this House may be rendered effectual to them."

Which Report, being read by the Clerk, was agreed to by the House, and the following Orders made;

Costs to be paid.

"Ordered, That the Sum of One Hundred Pounds Costs, taxed by the Lords of Session, be forthwith paid by Sir Alexand'r Cuming to Sir Andrew Kennedy; and the same is hereby declared no Way subject to, or affectable by, any Pretence of Compensation or Attachment."

Address about the Office of Conservator of Scots Privileges in The Netherlands, to Kennedies.

"Ordered, That an humble Address be presented to Her Majesty, That Her Majesty will be graciously pleased to grant a new posterior Commission of the Office of Conservator of the Scots Privileges in The Netherlands, to Sir Andrew Kennedy and John Vere Kennedy, that thereby the Order or Judgement of this House, of the 19th of April 1711, may be rendered effectual to them."

Ordered, That the said Address be presented to Her Majesty by the Lords with White Staves.

A Message was brought from the House of Commons, by Mr. Lowndes and others:

Message from H. C. with a Bill.

With a Bill, intituled, "An Act for Relief of the Exporters of Gold and Silver Thread, Lace, and Fringe, Callicoes, and other Goods therein mentioned, in relation to the Drawbacks for the same; and for better securing the Duties upon several of the said Commodities;" to which they desire the Concurrence of this House.

Exporters of Gold and Silver Thread, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for Relief of the Exporters of Gold and Silver Thread, Lace and Fringe, Callicoes, and other Goods therein mentioned, in relation to the Drawbacks for the same; and for better securing the Duties upon several of the said Commodities."

Messages from H. C. to return Eymer et al. Nat. Bill.

A Message was brought from the House of Commons, by Mr. Chapman and others:

To return the Bill, intituled, "An Act for naturalizing James Eymer and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

L. Dingwall and L Cranston, Precedency.

The House being informed, "That the Title of Lord Dingwall, in Scotland, is in his Grace the Duke of Ormonde; and that some Papers relating to the Precedency thereof are ready to be produced, at such Time as the House shall please to appoint:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of this Matter be, and is hereby, referred to the Lords Committees for Privileges; to examine the same, and report their Opinion thereupon to the House.

Their Lordships to meet To-morrow, at Ten a Clock in the Forenoon, in the House of Peers.

Insolvent Debtors, Bill.

Ordered, That the Bill, intituled, "An Act for the Relief of poor insolvent Debtors," be read a Second Time on Saturday next.

Public Accompts, for taking, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for taking, examining, and stating, the Public Accompts of the Kingdom."

Then, it being proposed, "To commit the Bill;"

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Ordered, That the said Bill be rejected.

Lottery Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for laying additional Duties on Soap and Paper, and upon certain Linens, Silks, Callicoes, and Stuffs, and upon Starch and exported Coals, and upon stamped Vellum, Parchment, and Paper, for raising One Million Four Hundred Thousand Pounds, by Way of a Lottery, for Her Majesty's Supply; and for Allowances on exporting Made Wares, of Leather, Sheepskins, and Lamb-skins; and for Distribution of Four Thousand Pounds, due to the Officers and Seamen for Gun-money; and to adjust the Property of Tickets in former Lotteries; and touching certain Shares of Stock in the Capital of the South Sea Company; and for appropriating the Monies granted to Her Majesty."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee on the said Bill.

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

And the Lord Delawar reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the Third Time on Friday Morning next.

Trade with Spain:

Ordered, That, To-morrow, this House will take into further Consideration the State of the Trade of this Kingdom with Spain and The West Indies; and the Lords to be summoned.

Commissioners of Trade, and their Secretary and Clerks, to attend:

Ordered, That such of the Members of the House of Commons, who are Commissioners for Trade and Plantations, be desired to attend this House To-morrow.

Ordered, That such of the Commissioners for Trade and Plantations, who are not Members of the House of Commons, and Mr. Popple their Secretary, do attend this House To-morrow.

Ordered, That all the Clerks attending in the Office of the Board of Trade do attend this House Tomorrow.

Gilligan to attend:

Ordered, That Mr. Gilligan do attend this House To-morrow.

Committee for Assiento to attend.

Ordered, That the Committee of the South Sea Company for the Assiento do attend this House Tomorrow.

Message to H.C. for Members to attend.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

To acquaint them, that the Lords do desire that such of the Members of the House of Commons who are of the Committee of the South Sea Company for the Assiento, and also William Lownds Esquire a Member of their House, may have Leave to attend this House Tomorrow.

Taylor to attend;

Ordered, That Mr. Taylor, of the Treasury, do attend this House To-morrow.

and Capt. Johnson.

Ordered, That Captain Johnson do attend this House also To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, octavum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

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