House of Lords Journal Volume 15
1 April 1696

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1767-1830

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'House of Lords Journal Volume 15: 1 April 1696', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 723-725. URL: http://british-history.ac.uk/report.aspx?compid=12298 Date accessed: 24 October 2014.


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DIE Mercurii, 1 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Londin.
Epus. Dunelm.
Epus. Winton.
Epus. Cov. & Lich.
Epus. Menev.
Epus. Sarum.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Hereford.
Epus. Gloucestr.
Epus. Cicestr.
Epus. Asaph.
Epus. Lincoln.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Comes Pembroke, Ds. Privati Sigilli.
Dux Somerset.
Dux Bolton.
March. Halifax.
March. Normanby.
Comes Kent.
Comes Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Bolingbrooke.
Comes Manchester.
Comes Stamford.
Comes Kingston.
Comes Chesterfield.
Comes Essex.
Comes Anglesey.
Comes Bathe.
Comes Craven.
Comes Feversham.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Monmouth.
Comes Bradford.
Comes Romney.
Comes Rochford.
Comes Tankerville.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Berkeley Ber.
Ds. Hunsdon.
Ds. Coventry.
Ds. Howard Esc.
Ds. Raby.
Ds. Vaughan.
Ds. Ward.
Ds. Culpeper.
Ds. Clifforde.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Dartmouth.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert Ch.

PRAYERS.

India Silks and Callicoes, to prohibit the Wearing of, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for restraining the Wearing of all Wrought Silks, Bengalls, and Dyed, Printed, or Stained Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia and The East Indies."

ORDERED, That the said Bill be read the Second Time on Friday next.

Wool, to prevent the Exportation of, and to encourage the Importation of it from Ireland.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual preventing the Exportation of Wool, and for encouraging the Importation thereof from Ireland."

ORDERED, That the said Bill be read the Second Time on Saturday next, at Twelve of the Clock.

Linen Drapers to be heard against the Bill to prevent the Wearing of India Silks, &c.

Upon reading the Petition of the Linen Drapers; praying, "That they may be heard, by their Counsel, at the Bar, before the passing of the Bill, intituled, "An Act for restraining the Wearing of all Wrought Silks, Bengalls, Dyed, Printed, or Stained Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia and The East Indies:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, on Friday next, at Ten of the Clock in the Forenoon; and also any other Persons, who shall think themselves concerned therein.

Honour of Tutbury, Needwood Forest, &c. to revest in the King, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed on the Bill, intituled, "An Act for re-vesting in His Majesty the Honour of Tutbury, Forest of Needwood, several Manors, Parks, Lands, Offices, and other Profits thereunto belonging, and for vacating several Letters Patents therein mentioned," on Tuesday next, at Twelve of the Clock.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Quakers Bill; the Bill for enforcing the Practisers of the Law to take the Oaths, shall be read the Second Time on Monday next, at Eleven of the Clock, the First Business; and that the House shall be put into a Committee, upon the Bill for regulating Jurors and Juries, at Twelve of the Clock the same Day.

Duty on Houses, to make good Deficiencies in clipped Money, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates or Duties upon Houses, for making good the Deficiency of the clipped Money."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

To let them know, the Lords have agreed to the said Bill, without any Amendment.

Message from thence, to return the Bristol Hospitals Bill.

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

To return the Bill, intituled, "An Act for crecting of Hospitals and Work-houses within the City of Bristol, for the better employing and maintaining the Poor thereof;" and to acquaint this House, that they have agreed to their Lordships Amendments made therein.

Sir T. Clarke versus Cary, in Error:

Whereas this Day was appointed for hearing the Errors argued, upon the Writ of Error brought into this House the Tenth of March last, wherein Sir Talbot Clarke is Plaintiff, and John Cary Defendant; Counsel appearing for the Defendant, but none for the Plaintiff:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in His Majesty's Court of King's Bench, for the said John Cary, against the said Sir Talbot Clarke, shall be, and is hereby, affirmed: And it is further ORDERED, That the said Sir Talbot Clarke shall pay, or cause to be paid, unto the said John Cary, the Sum of Twenty Pounds for his Costs.

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth; (videlicet,)

"Et postea, scilicet, 1° Die April. Anno Regni dict. Domini Regis nunc Octavo, vis. & per Cur. Parliament. nunc hic plenius intellect. omnibus & singul. Præmiss. diligenterque examinat. & inspect. tam Record. & Process. præd. ac Judic. superinde reddit. quam præd. Caus. & Mater. per præd. Talbot Clarke superius pro Error. assign. videtur Cur. Parliament. nunc hic, quod nec in Record. & Process. præd. nec in Redditione Judicii præd. in ullo est Errat. ac quod Record. ill. in nullo vitiosum aut defectivum existit.; ideo per eandem Cur. Parliament. cons. est, quod Judic. præd. in omnibus affirmetur, ac in omni suo Robore stet & Effectu; dict. Caus. æ Mater. superius pro Error. assign. in aliquo non obstant. Et ulterius cons. est per eandem Cur. Parliament. quod præd. Joh'es Cary recuperet versus præfat. Talbot Clarke Vigint. Libr. eidem Joh'i per Cur. Domini Regis hic secundum Form. Statut. inde edit. & provis. adjudicat. pro Mis. Cust. & Dampnis suis, quæ sustin. Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis præd. Brevis de Error.; & præd. Joh'es habeat inde Execution. &c.; ac superinde Record. præd. necnon Process. præd. coram Domino Rege, ubicunque &c. per Cur. Parliament. hic remittuntur, &c."

E. I. Company's Charters, &c. Report concerning.

The Lord Herbert of Chirbury reported from the Lords Committees appointed to consider the Charters of the East India Company, and what other Regulations may be requisite for establishing an East India Company, "That their Lordships had received Observations from Mr. Sheldon and Mr. Polexfen; and an Estimation in Writing, from the present East India Company, of their Stock. They have also had Observations, by Way of Answer, made in Writing on the said Estimate, by the said Mr. Sheldon and Mr. Polexfen, in Pursuance of some Orders of their Lordships; and their Lordships have agreed on several Regulations for an East India Company with a Joint Stock; (videlicet,)

"That the Books shall lie open Three Months, for Subscriptions of a Sum not exceeding Three Millions.

"That no Person be permitted to subscribe more than £. 10000.

"That any Subscriber, as often as required by any One Member of the Company, shall take an Oath, that the Money subscribed by him is his own proper Money, and not in Trust for any other Person.

"That One Half of the Money subscribed be paid at the Time of Subscription thereof, and the Remainder at a Time to be appointed before the closing the Books.

"That every Person having £.1000, shall have a Vote; and if any Person shall have more than £.10000, he shall have but Ten Votes.

"That no Sum less than £. 1000 shall have a Vote.

"That no Foreigner shall be of the Company.

"That every Member of the Company shall take the Oaths to the Government and to the Company.

"That the Court of Committees shall consist of Persons who shall have at least £. 1000 apiece Stock, and who shall have taken the said Oaths.

"That the Governor and Deputy Governor shall have each £. 4000 Stock of their own proper Money; and that the Four and Twenty of the Committee shall have each at least £. 1000 of their own Money, and the said Governor and Deputy Governor to be chosen out of them; and all of them to take an Oath to that Effect, at the Time of their Election.

"That no Governor nor Deputy Governor shall serve above Two Years, nor shall be chosen again within Two Years.

"That not above Sixteen of the old Committee shall be continued above a Year.

"That, on the Death of the Governor, Deputy Governor, or any Committee-man, a new Choice shall be made; and the Person elected shall take the said Oaths.

"That the Company may empower the Captains and Seamen, employed by them, to bring Home such Commodities as the Company shall license; the said Captains and Seamen making Oath, that the Goods imported by them are for their own proper Benefit.

"That they shall have a Power to make Bye-Laws, not repugnant to the Laws of the Land; the Governor or Deputy being present; and the said ByeLaws to be approved by a General Court of Adventurers.

"That an Account shall be Yearly given to the Privy Council, of the Value of the Goods exported the preceding Year.

"That none of the Goods exported be re-imported into any of His Majesty's Kingdoms.

"That a General Court shall be called, when required by Six Members that have Votes; and that it shall not be broken up, but by Consent of the Majority.

"That Private Committees shall be appointed by the General Court of Adventurers only.

"That no Member of the Company shall dispose of any Part of the Stock, without Consent of a General Court.

"That the Cash of the Company shall be kept at such Place as the said Court shall direct.

"That no Goods shall be delivered, till the Company be actually paid, or Security given.

"That the Cash be kept by Three of the Committees at least.

"That no Sum shall be disposed without Accompt, unless where previous Directions shall be first given by a General Court of Adventurers.

"That no Permission Ships be granted, on Forfeiture of their Charter.

"That nothing (except Salt-petre to the King) shall be sold by Private Contract; nor shall any Lot be set up exceeding £. 500.

"That £. 100000 at least of English Manufactures shall be Yearly exported to The East Indies.

"That 500 Tun of Salt-petre be Yearly imported for His Majesty's Use.

"That all Dividends shall be made in Money, and not otherwise.

"That an Accomptant do keep a Book, to lie open for all Persons to look into.

"That, upon Debate in the General Court, or Committee, if the Voices be equal, the Governor shall have the casting Voice; and in his Absence, the Deputy Governor shall have the same.

"That the East India Company shall be obliged to employ constantly in their Trade Fifteen Ships, at least, of 500 Tun and upwards.

"Their Lordships offer the said Estimate, Observations, and Regulations, to the Consideration of the House.

"And they also leave the Time of the Continuance of the Act for an East India Company to the House.

"As likewise for the House to set the Value of the Stock of the present East India Company."

Regulations necessary for the Establishment of an East India Company.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Report made this Day from the Lords Committees appointed to consider the Charters of the East India Company, and what other Regulations may be requisite for establishing an East India Company, shall be considered on Friday next, the First Business after Twelve of the Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) secundum diem Aprilis, hora decima Aurora, Dominis sic decernentibus.