House of Lords Journal Volume 20: 8 March 1718

DIE Sabbati, 8 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ludolph & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Martin Ludolph, Ulrick Jansen, and John Ludolph Spellerberg."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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.

Spieker & al. to be added to Nat. Bill.

Upon reading the Petition of John Spieker and Laurence Gundelach; praying, "That they may be admitted into the abovementioned Bill:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee to whom the said Bill stands committed; and that their Lordships may admit the Petitioners accordingly, if they think fit.

Ships stranded, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for enforcing and making perpetual an Act of the Twelfth Year of Her late Majesty, intituled, An Act for the preserving of 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, "was committed: "That they had gone through the Bill, and made some Amendments thereunto, as follow:

"Line the 22d. Before ["And"], insert a Proviso marked (A).

"(A). Provided always, and it is hereby further Enacted, That the said Act, or any Thing therein contained, shall not be construed to extend to, or any Ways affect, the ancient Jurisdiction and Usage of the Admiralty Court of the Cinque Ports, or the Officers thereto belonging; but the proper Officers of the said Admiralty Court shall be, and are hereby, authorized and empowered to put the said Act in Execution, within the Jurisdiction of the said Cinque Ports, in as full and ample Manner, to all Intents and Purposes, as any other Person or Persons are by the said Act appointed to do in any other Parts of this Kingdom.

"At the End of the Title of the Bill, add, ["and for inflicting the Punishment of Death on such as shall wilfully burn or destroy Ships"]."

Which Amendments were read Twice by the Clerk, and agreed to by the House.

Cary to be attached, for Non-payment of Costs on his Appeal.

Upon reading the Petition of Thomas Mattocks and others, Respondents to the Appeal of John Cary Esquire and others; setting forth, "That the Petitioners Agents, on the Third Instant, served Mr. Allen, the said Cary's Solicitor on hearing the Appeal, with the Order of this House, for the Payment of One Hundred Pounds Costs; and also their Lordships Order, that the Service of the said Order on the said Solicitor should be good Service; but the said Allen and the Appellant Cary have both since refused to pay the said Costs;" and praying, "That the Appellant Cary, for such his Contempt, may be taken into Custody, of the Usher of the Black Rod, until he shall have obeyed the said Order; or that such Order may be made therein as to this House shall seem meet:"

And Michael Calamy being called in, and examined, upon Oath, at the Bar, touching the Allegations of the said Petition:

It is Ordered, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said John Cary, for his Contempt in not paying the said Costs; and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

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

Report on Habkin's Pettouching Costs in Scotland.

Ordered, That the Report from the Committee to whom was referred the Consideration of the Petition of William Habkin, Belt-maker in Edinburgh, reciting an Order and Judgement of this House, on hearing his Appeal, and praying, "That the same may be made effectual for the Petitioner's Relief, touching Costs both here and in Scotland," which was to have been received on Thursday last, be now received.

Then the Earl of Clarendon reported from the said Committee, "That their Lordships have accordingly considered the said Petition, and have examined into the Facts therein alledged; and find, that, on hearing the Petitioner's Appeal, the 19th Day of August 1715, this House did reverse the Interlocutors and Decree of the Lords of Session, therein complained of, whereby he was refused his Demands, by his Bill exhibited to them, as to Interest and Costs; and ordered the said Lords of Session to cause the Costs and Expences of the Appellant, in the Suit before their Lordships, to be taxed and ascertained; and that the same, when so taxed, should be forthwith paid to the Petitioner: The Committee likewise inform the House, That the Petitioner produced before them his Bill of Costs both here and in Scotland, amounting to £. 408. Sterling, which he exhibited before the said Lords of Session on the 3d of February 1716; but they found that, by the Judgement of this House, the Expences craved in the Process depending before the Lords of Session were only remitted to be determined by them, which were refused; and against which the Petitioner appealed; and therefore remitted to the Lord Grange, to modify the said Accompt, or report as he should find just; whose Lordship, on the 29th of November 1717, having considered the Accompt of Expences given in by the said William Habkin of the Suit before the Lords of Session, amounting to the Sum of £. 951. 8s. 6d. Scots, modified the same to the Sum of £.760. Scots; and decerned, that is, decreed therefor. But, upon a Representation made by Roger Hoge Merchant in Edinburgh, the Respondent to the Petitioner's said Appeal, the 4th of December following, the Petitioner was, on the 5th of the same Month, directed to see and answer; and in the mean Time the extracting the said Decree was stopt: And, some short Time after, the said Accompt, with the Instructions thereof, and the Judgement of this House, were ordered to be put into the Clerk's Hands; and it did not appear to the Committee, that any further Proceedings have been had thereupon. And their Lordships, upon Consideration of the whole Matter, are of Opinion, That the said Lords of Session have rightly proceeded, to tax only the Costs of Suit before them, and not the Costs of the Petitioner's Appeal to this House; and that no final Order should be made by this House upon the Petitioner's Complaint, touching the said Costs, until it be seen what Costs the Lords of Session will allow: But, in respect of the great Delay which it appears to the Committee has been in the taxing the Petitioner's Costs ordered by this House, the Committee are likewise of Opinion, the Lords of Session should tax and allow the Petitioner the Costs he has or shall be put to in the Taxation of his said Costs."

Which Report, being read by the Clerk, was agreed to by the House.

Running of Goods, to prevent, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act against the clandestine Running of uncustomed and prohibited Goods; and for the more effectual preventing of Frauds relating to the Customs and Excise."

Merchants, against it.

A Petition of several Merchants and Traders in and about the City of London, in Behalf of themselves and all other fair Traders in Great Britain, was presented to the House, and read; praying, "That they may be heard, by Counsel or otherwise, against the abovementioned Bill, before the same pass into a Law; or that such Relief may be granted therein as this House shall think fit."

Ordered, That the said Bill be read a Second Time on Monday next; and that the said Petition do lie on the Table, till it may be proper to take the same into further Consideration.

St. Giles's Church, to rebuild, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Commissioners, appointed to put in Execution the Acts of the Ninth and Tenth Years of Her late Majesty's Reign, for building Fifty new Churches in and about the Cities of London and Westminster, and Suburbs thereof, to direct the Parish Church of St. Giles in the Fields, in the County of Middlesex, to be re-built, instead of One of the said Fifty new Churches."

Proposal to add some Words in it:

Then it being moved, "That, in the 3d Line of the 1st Press, after the Words ["Queen Anne"], the Words ["of pious Memory"] may be there inserted:"

The same was objected to.

And, after Debate;

The Question was put, "Whether the said Words ["of pious Memory"] shall be there inserted?"

It was Resolved in the Negative.

Protest against rejecting them.

Dissentient.

"Because we cannot but judge these Words ["of pious Memory"] highly decent and proper to have been inserted, in a Bill reciting Two pious and gracious Acts of Parliament passed in the Reign of Her late Majesty, for the building of Fifty new Churches; a Work earnestly recommended by Her Majesty to Her Parliament, and by them declared to be so much for the Honour of God, the Spiritual Welfare of Her Majesty's Subjects, the Interest of the Established Church, and the Glory of Her Majesty's Reign.

"W. Ebor.
"Buckingham.
"Joh. London.
"P. Hereford.
"Oxford.
"Fran. Cestriens.
"Geo. Bristol.
"North & Grey.
"Poulett.
"Compton.
"Fr. Roffen.
"Boyle.
"Mansel. Bathurst.
"Willoughby De Broke.
"Strafford.
"Berkeley Of Stratton.
"Masham. Foley".

Then, after further Debate in relation to the aforementioned Bill;

Bill passed:

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Buckingham.

1. Because, it doth not appear to us, from any Declaration in His Majesty's Name to either House of Parliament, that His Royal Leave was given for bringing in the said Bill; as we humbly conceive it ought to have been, for bringing in a Bill of this Nature.

"2. Because this Bill, in our Opinion, manifestly tends to defeat the Ends and Purposes of Two Acts of Parliament, for building Fifty new Churches; and yet at the same Time afferts, that the Intentions of the said Acts would be hereby answered.

"3. Because this Bill further asserts, "That the Parish of St. Giles is in no Condition to raise or pay the Sum of £. 3000. and upwards, for the Repair of its Parish Church;" which we apprehend to be evidently false in Fact; and, if true, to be no Reason for rebuilding the said Church out of the Fund given for building Fifty new Churches.

"4. Because this Bill moreover asserts, "That the said Parish Church when re-built, and the Church which is now building in the said Parish by virtue of the Acts for building Fifty new Churches, will be sufficient for the Inhabitants of the said Parish;" whereas we are credibly informed, and, upon the best Calculation, do believe, that there are about Forty Thousand Souls in the said Parish; and do think that Three new Churches, together with the present Parish Church, will be barely sufficient for that Number.

"5. Because, if this Precedent of re-building old Churches out of the Fund appropriated for building new ones should be followed, and the Ends of the abovesaid Acts should be thereby in any great Measure defeated, we are apprehensive that many Thousands of His Majesty's good Subjects, in and about these populous Cities, will be left unprovided of Churches whereunto they may resort for the public Worship of God; and will thereby remain destitute of the necessary Means of being instructed in the true Christian Religion, as it is now professed in the Church of England, and established by the Laws of this Realm.

"W. Ebor.
"Joh. London.
"P. Hereford.
"Geo. Bristol.
Fran. Cestriens.
"Bathurst. Oxford.
"North & Grey. Poulett.
"Strafford.
"Boyle.
"Foley.
"Willoughby De Broke. Mansel.
"Berkeley of Stratton. Fr. Roffen.
"Masham."

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

A Message was sent to the House of Commons, by Mr. Fellows and Mr. Orlebar:

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

Baroness Lovet's Pet. rejected.

A Petition of Emilia Baroness Lovet, Wife of Alexand'r M'kenzie, late of Frazerdale, was presented to the House, and read; praying, "That Simon Frazer may not, in a Clause in the Bill relating to the Sale of the forfeited Estates in Great Britain and Ireland, be designed Lord Lovet; or that the Petitioner may be heard, by her Counsel, against the same; and have such Relief as to the House shall seem meet:"

Ordered, That the said Petition be rejected.

Mrs. Mackenzie's Pet. rejected.

A Petition of Mary Mackenzie, Wife of the late Earl of Seafort, was presented to the House, and read; expressing "her Apprehensions that her Paternal Estate may, by her Husband's Attainder by Parliament, of High Treason, become liable to the Inquiry and Cognizance of the Commissioners for forfeited Estates, and praying Relief."

Then it was moved, "To reject this Petition."

And, after Debate;

The Question was put, "Whether this Petition shall be rejected?"

It was Resolved in the Affirmative.

Creditors forfeited Estates Pet. rejected.

A Petition of Ninian Boyd Esquire and others, in Behalf of themselves and many Hundreds more, Creditors to sundry forfeited Persons, whose late Estates are in that Part of Great Britain called Scotland, and of others whose Names are thereunto subscribed, was presented to the House, and read; praying, "That they may be heard, by their Counsel, at the Bar of this House, against several Clauses of the Bill for Sale of the forfeited Estates, before the same pass into a Law."

Then it was moved, "To reject this Petition."

And after Debate;

The Question was put, "Whether this Petition shall be rejected?"

It was Resolved in the Affirmative.

Forfeited Estates, Bill.

Then the House (pursuant to the Order of the Day) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold."

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

And the Earl of Clarendon 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 Tuesday next; and the Lords to be summoned, and Notice given them of the Occasion.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.