House of Lords Journal Volume 17: 19 February 1704

DIE Sabbati, 19 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shepherd & al. versus Sir W. Humble.

Upon reading the Petition of Samuel Shepheard, of London, Merchant, and Anne Brooks Widow; shewing, That Sir William Humble had a Decree, for a Sum of Money to be paid out of the Queen's Printing house, in a Cause wherein the Petitioner and Mrs. Savage were Parties; and thereby would defeat a Demand that Mrs. Savage and the Petitioner have thereunto, prior in Time to the Demand of the said Sir William Humble; to reverse which Decree, Mrs. Savage hath brought her Appeal; and the Petitioners being Parties to the said Cause, and their Titles and Interest derived from the said Savage, and depend on the same Devise, and determining of the Right of the One determines the Right of the other;" and the Petitioners praying Liberty to be heard, by their Counsel, at the Hearing of the said Cause:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, as desired, at the Hearing of the said Cause.

Trye, concerning Royston and Caxton Highways Bill.

Upon reading the Petition of William Trye Esquire; shewing, "That, upon the Petition of the Gentlemen and Landholders of the Hundreds of Dudston and King's Barton, and the several Parishes leading from Birdlip to Gloucester, they were ordered to be heard, by their Counsel, against a Clause, or Clauses, in the Bill, intituled, "An Act for repairing the Highways between Royston and Caxton, in the County of Cambridge, and for the better enforcing the repairing of the Highways from Birdlip, and the Top of Crickly Hill, in the County of Gloucester, to the City of Gloucester;" by which Clause, or Clauses, the Petitioner is appointed Undertaker to repair the said Highways, and to give Security for doing thereof in Five Years; and praying to be heard, by his Counsel, touching the said Clause, or Clauses:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, when the other Petitioners are heard, in relation to the said Clauses.

Time limited for Appeals.

It is Declared and Agreed, by the Lords Spiritual and Temporal in Parliament assembled, That, after this Day, this House will not receive any Petitions of Appeals, or Writs of Error, during this Session of Parliament.

Supply Bill, Annuities, &c.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, for carrying on the War, and other Her Majesty's Occasions, by selling Annuities, at several Rates, and for such respective Terms or Estates as are therein mentioned."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be committed to a Committee of the whole House, on Wednesday next, at One a Clock.

Messages from H. C. with a Bill; and to return Ivory's.

A Message from the House of Commons, by Sir Mathew Dudley and others:

Who brought up a Bill, intituled, "An Act to discharge the Governor and Company for making hollow Sword Blades in England, of the Sum of Eighteen Thousand Eight Hundred Sixty-four Pounds, Seven Shillings, One Penny Half-penny, by Mistake overcharged in the Purchase-money for several forfeited and other Estates and Interests in Ireland, purchased by them;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Bryan Stapleton and others:

To return the Bill, intituled, "An Act for supplying the Defect of the Execution of the Power of Sir John Ivory Knight deceased, for making Provision for his Younger Children;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Packer attends about Reflections on this House.

The House being informed, "That there are some scandalous Reflections on this House, in a printed Paper (intituled, "The Case of Philip Packer Esquire, relating to a Bill passed in the House of Lords, and now brought down to the House of Commons:")"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Phillip Packer do attend this House on Monday next, at Ten a Clock.

After some Time, the House being informed, "That Mr. Packer having heard their Lordships had taken Notice of the said Paper, he came to the House:"

And their Lordships being acquainted, "That-he attended at the Door;" Mr. Packer was called in; where he owned the Paper, and humbly begged Pardon of the House for his Offence.

Then the House made the following Order:

His Case to be burnt; and he reprimanded and discharged.

"The House this Day taking Notice of a scandalous Paper, reflecting on this House, (intituled, The Case of Philip Packer Esquire, relating to a Bill passed in the House of Lords, and now brought down to the House of Commons:) It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Paper shall be burnt, by the Hands of the Common Hangman, on Monday next, at One a Clock, in The Old Palace Yard Westm'r; and this shall be a sufficient Warrant on that Behalf.

"To the Sheriffs of London and Midd'x, and every of them."

Then Mr. Packer was called in; and, kneeling at the Bar, (by Order of the House) reprimanded by the Lord Keeper; and, having humbly begged Pardon of the House, he was discharged.

The Earl of Nottingham, by Her Majesty's Command, acquainted the House as follows; (videlicet,)

Queen's Message, with Papers relative to the Scotch Conspiracy.

"The Queen has commanded me to acquaint your Lordships, That Her Majesty has now sent you the Papers desired in your last Address; except the Information in which the Lord Belhaven's Name is mentioned, and which was sent to the Duke of Queensberry, who has left it in Scotland, but is ordered to send for it.

"I am likewise commanded farther to tell your Lordships, That, according to Her Promise, Her Majesty has now given me Leave to inform you of that particular Matter, which She thought proper for some Time to reserve.

"There are among these Papers some Letters in Gibberish, which want explaining: But as Her Majesty is now pleased to communicate to the House a particular which She thought proper to reserve for some Time, lest it might prevent further Discoveries; so Her Majesty thinks it for the Public Service, not to take any further Notice of these Letters."

A Schedule of the Letters and Papers delivered by the Earl of Nottingham; (videlicet,)

1. "Extract of a Letter from Mr. Stanhope, to Secretary Hedges, 2031; August; with the Original."

2. "Extract of Mr. Stanhope's Letter to Mr. Secretary Hedges, dated Hague, July9/20; 1703; with the Original."

3. "Copy of a Letter to Mr. Stanhope, from Amsterdam, 15th July, 1703. Memorandum, The Original of this was returned to Mr. Stanhope, at his Desire, and by Mr. Secretary's Direction, 3 Sep. 1703."

4. "Sir John Maclean's Discovery, N° 4. Original."

5. "Mr. Campbell's Discovery, December 24, 1703. N° 8. Original."

6. "Affidavit of Mr. Thomas Clark, December 2, 1703."

7. "Da. Lindsay, December 23, 1703. N° 10."

8. "Da. Lindsay, December 8, 1703. N° 9."

9. "Keith's Letter, January 29, 1704, signed by Wm. Keith."

10. "Mrs. Fox's Letter, January 2, 1704."

11. "Commission to Lord Lovat, to be Colonel of a Regiment of Foot in Scotland, signed James R. countersigned Middleton."

12. "Examination of Mr. Geo. Bruce, 24th May; 1702."

13. "Interrogatories made to Mr. Geo. Bruce, and his Answers to them, May 27th, 1702."

14. "Examination of Mr. Geo Graham, May 24, 1702."

15. "Father Examination of Mr. Geo. Graham, May 28th, 1702."

16. "Gibberish Letters. N° 1, 2, 3, 4."

17. "Copy of a Letter to L. M. y May the 20th, and the Original thereof, from the late Queen."

18. "Extract of a Letter from the Duke of Queensberry to the Queen, August 11th, 1703."

19 "Ditto, Sept. 25, 1703."

20. "Memorial to the Queen."

21. "Copy of Captain Hamilton's Letter to Brigadier Mackland, July 23, 1703."

22. "Mr. Keith's Narrative, received January 3d 1703/4;, 2 Sheets of Paper."

Committee to examine Keith:

Then the Earl of Nottingham acquainting the House, That he had very lately received a Letter, by the Discovery of Mr. Keith, upon which he thought it proper that Mr. Keith should be examined, in order to explain some Things in it:"

It was thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Steward, Duke of Somerset, Earl of Sunderland, Earl of Scarbrough, Earl of Nottingham, Lord Viscount Townshend, Lord Wharton, and the Lord Sommers, or any Five of them, do meet presently, where they please, in order to examine the said William Keith; and to adjourn to what Time and Place they shall think fit.

Papers to be considered.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Officer in whose Custody William Keith is, do immediately carry him to the Secretary's Office, or what other Place the Lords Committees above named shall direct, in order to his being examined by them.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Letters and Papers delivered this Day (by Her Majesty's Command) by the Earl of Nottingham shall be taken into Consideration on Tuesday next, at One a Clock; and that, in the mean Time, they do lie on the Table, to be perused by the Lords.

L. Fitzwalter, Privilege:

The House being informed, upon Oath, at the Bar, by William Smith and James Richardson, "That John Hobdy did fish, in the Water belonging to the Lord Fitzwalter, at Burnham in Essex, about Michaelmas last past:"

Hobdy attached, for fishing in Burnham Waters.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, and every of them, do forthwith attach the Body of the said John Hobdy, and bring him in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Sarles Goatley Esquire, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, and other Officers to be aiding and assisting in the Execution hereof.

Adjourn.

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