House of Lords Journal Volume 17: 5 February 1703

DIE Venerls, 5 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Malted Corn, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the encouraging the Consumption of Malted Corn, and for the preventing the Running of French and Foreign Brandy."

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 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.

St. Paul's Cathedral, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the finishing and adorning the Cathedral Church of St. Paul's, London."

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

Jurors, Leather, and Vagrants, Bill to continue Laws about.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing former Acts, for exporting Leather, and for Ease of Jurors, and for reviving and making more effectual an Act relating to Vagrants."

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

L. Viscount Roseberie versus Taylor & al.

After hearing Counsel, upon the Petition and Appeal of Archibald Primrose, Lord Viscount Roseberie in the Kingdom of Scotland, and the Lady Dorothy his Wife, only Daughter and Heir of Everingham Cressey Esquire, deceased, by Anne his deceased Wife, from Decrees and Proceedings in the Court of Chancery, of the Second of March One Thousand Six Hundred Ninety-four, and the Two and Twentieth of November One Thousand Six Hundred Ninety-five, and other Proceedings mentioned in the said Appeal, on the Behalf of James Taylor and Elizabeth his Wife, and Samuel Tireman; and praying the Reversal of the said Decrees and Proceedings, and to be relieved therein; as also upon the Answer of the said James Taylor and Elizabeth his Wife, and Samuel Tireman, put in thereunto; and due Consideration of what was offered thereupon:

Judgement.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decrees complained of in the said Appeal shall be, and are hereby, reversed, as to the Interest: And it is ORDERED, That Interest shall be paid to the Appellants, out of the said Estate, from the Death of the said Everingham Cressey the Appellant's Father, at Five per Cent. per Annum, for the Two Thousand Pounds Portion; discounting Yearly, towards sinking the said Principal and Interest, the Profits received by Mr. Nevill the Trustee out of the said Estate; and that it be sent back to the Court of Chancery, to take the said Accompt as directed: This is to be done without Prejudice to Tireman's Mortgage.

Observations from Commissioners of Accompts; Report about.

His Grace the Duke of Somerset reported from the Lords Committees, appointed to consider of the Observations delivered into this House from the Commissioners of Accompts:

"That the said Commissioners had not attended the Committee; but, upon Consideration of the whole Matter, the Committee had ordered him to report as followeth:

"The Committee, appointed to consider of the Observations in the Book of Accompts, delivered into this House the Fifteenth Day of January last and the Second of this Instant February, have made some Progress in considering the said Observations; and do humbly take Leave to acquaint the House, That they have examined into the First of those Observations; and also the further Observation, delivered into this House the Second Instant, relating to the transmitting the ordinary Imprest Rolls to the Queen's Remembrancer: They have inspected several of the original Imprest Rolls, delivered into the House by Mr. Barker, Deputy to Her Majesty's Remembrancer: They also examined divers Officers of the Exchequer, and others, upon Oath; and do find, that, by the ancient and uninterrupted Course of the Exchequer, Two Imprest Rolls are to be made out for each Year; the one, comprehending all Sums imprest from the End of Trinity Term to the End of Hillary Term; the other, containing all such Sums from that Time to the End of Trinity Term; which Rolls are commonly called Half-yearly Rolls, though improperly: They find, that, by the ancient Course of the Exchequer, these Imprest Rolls, being made out by the Auditor of the Receipt, are to be delivered by him to the Clerk of the Pells, whose Duty it is to examine and sign them; and, this being done, the Clerk of the Pells delivers them to the Remembrancer.

"This Usage was by Degrees discontinued in the Reign of King Charles the Second; and the Remembrancer, or his Agent, used to come to the Office of the Auditor of the Receipt, and take away the Imprest Rolls from thence immediately: But, in the Time when the Earl of Rochester was Treasurer, the ancient Usage was restored; and he did order that the Imprest Rolls should be carefully examined, and signed by the Clerk of the Pells, before they should be transmitted to the Remembrancer; and accordingly, since that Time, the ancient Custom has been observed, as well before as since the Act of Parliament made in the Eighth and Ninth Year of His late Majesty, for the better Observation of the Course anciently used in the Receipt of the Exchequer; (that is to say,) the said Half-yearly Rolls, when made out and signed by the Auditor, have been by him transmitted to the Clerk of the Pells; and when the Clerk of the Pells has examined and signed them, he, or his Deputy, has delivered them to the Remembrancer; and this appears by the Remembrancer's Endorsement upon the Rolls: The Committee finds, that Charles Lord Halifax has been Auditor of the Receipt from the End of November One Thousand Six Hundred Ninety-nine, since which Time Six Imprest Rolls have been transmitted to the Remembrancer; and there is a Seventh Roll now under Examination of the Office of the Pells; and no other Roll can be prepared till after the Twelfth of this Instant February.

"Upon the whole Matter, the Committee are humbly of Opinion, That Charles Lord Halifax, Auditor of the Receipt of the Exchequer, hath performed the Duty of his Office, in transmitting the ordinary Imprest Rolls to the Queen's Remembrancer, according to the ancient Custom of the Exchequer, and the Direction of the Act 8° and 9° Gulielmi Tertii Regis, intituled, "An Act for the better Observation of the Course anciently used in the Receipt of the Exchequer;" and that he hath not been guilty of any Neglect or Breach of Trust upon that Account."

Which Report being read, as also the Examinations taken upon Oath by the Committee, as also the Dates and Endorsements of the several Imprest Rolls delivered by Mr. Barker, Deputy to the Queen's Remembrancer; it was proposed, "To agree with the Opinion of the Committee, in this Report."

Then the Question was put, "Whether this House will agree to the Opinion of the Committee, in this Report?"

It was Resolved in the Affirmative.

Vote approving Lord Halifax's Conduct, as Auditor of the Exchequer.

It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That Charles Lord Halifax, Auditor of the Receipt of the Exchequer, hath performed the Duty of his Office, in transmitting the ordinary Imprest Rolls to the Queen's Remembrancer, according to the ancient Custom of the Exchequer, and the Direction of the Act Octavo et Nono Gulielmi Tertii Regis, intituled, "An Act for the better Observation of the Course anciently used in the Receipt of the Exchequer;" and that he hath not been guilty of any Neglect, or Breach of Trust, upon that Account.

Proceedings upon Observations from the Commissioners of Accompts, to be printed and published:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Proceedings of the House, and of the Committee appointed to consider of the Observations in the Book of Accompts, delivered into this House the Fifteenth of January last, and the Second Day of this Instant February, and the Resolution of this House thereupon, shall be forthwith printed and published.

Committee to draw up what shall be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to the same Committee who are appointed to consider of the Observations of the Commissioners of Accompts, to draw up and give Directions what shall be printed and published.

Address for a List of Persons who have had Licenses to come from France since 8th March last.

The House being moved, "That a List be laid before this House, of all such Persons as have had Licenses to come out of France since the Eighth Day of March last:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly move Her Majesty, from this House, to desire, "That Her Majesty will be pleased to give Order, that a List may be laid before this House, of all such Persons as have had Licenses to come out of France since the Eighth Day of March last."

Abjuration Oath, Bill to enlarge the Time for taking.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Time for taking the Oath of Abjuration, and also for re-capacitating and indemnifying such Persons as have not taken the same by the Time limited, and shall take the same by a Time to be appointed."

After some Time spent therein, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill; and think it fit to pass, with several Amendments and Clauses."

ORDERED, That the Report of the said Bill be made on Monday next, at Eleven a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.