House of Lords Journal Volume 17: 6 March 1704

DIE Lunæ, 6 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Public Accompts, for taking, &c. Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for taking, examining, and stating, the Public Accompts of the Kingdom," shall be read a Second Time on Friday next, at One a Clock.

Sir J. Cooper and Henley's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act to enable Sir John Cooper Knight, and Anthony Henley Esquire, to make a Partition, and grant Building Leases, of several Messuages and Tenements, in Lincolne's Inn Fields, in the (fn. 1) Parishes of St. Giles in the Fields and St. Clement's Danes, in the County of Middl'x," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

The Earl of Stamford reported from the Lords Committees, appointed to consider of the Observations made by the Commissioners appointed to examine, take, and state, the Public Accompts, "That they find some Things which will want explaining by Mr. Papillion, the Cashier of the Victualing, and some of the Commissioners of Accompts; and the Committee desire a Message may be sent to the House of Commons, That they will give Leave to Mr. Papillion, and some of the Commissioners, to attend."

To which the House agreed.

Message to H. C. for Members of their House to attend Commissioners of Accompts, &c.

Then, a Message was sent to the House of Commons, by Sir John Francklyn and Mr. Rogers:

To desire, that they will give Leave to Phillip Papillion Esquire, a Member of their House, and some of the Commissioners appointed by an Act of Parliament for taking, examining, and stating, the Public Accompts of the Kingdom, being also Members of their House, to come to the Lords Committees appointed to consider of the Report of the said Commissioners.

Dehaunt & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Henry De Hunt, George Chabot, and others."

Boucher to be examined.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees appointed to examine into the Scottish Conspiracy are hereby empowered and directed to examine Mr. James Boucher, who now stands attainted of High Treason, as to what he knows relating to any Conspiracy, and Correspondence with France, against the Government, during the Reign of His late Majesty and that of Her present Majesty, and any Design against the Succession of the Crown as established by Law.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Bromley and others:

Who brought up a Bill, intituled, "An Act for the making more effectual Her Majesty's Gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling Her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same Purpose;" to which they desire the Concurrence of this House.

The Messengers sent to the House of Commons, to desire that Mr. Papillion, and others, may come to the Lords Committees appointed to examine the Report of the Observations of the Commissioners of Public Accompts, return Answer:

That the Commons will send an Answer by Messengers of their own.

Savage versus Sir W. Humble.

After hearing Counsel, upon the Petition and Appeal of Diana Savage, Wife of Francis Darcy Savage Esquire, and of her Trustee Rachel Countess Dowager of Westmorland, from a Decree made in the Court of Chancery, the Thirtieth Day of October One Thousand Seven Hundred and Three, in a Cause wherein Sir William Humble was Plaintiff; and praying, "That so much thereof may be reversed, as any Way tends to the Prejudice of the Petitioners, or their Demands;" and also against a Decree of the Four and Twentieth Day of July, in the Four and Thirtieth Year of King Charles the Second, and the Proceedings in the same Cause; and "that the same, or so much thereof as tends to the Petitioners Prejudice, may be set aside, discharged, or reversed;" and praying, "That Sir William Humble, Charles Bill, Charles Garrett, and such other Persons, Parties to the said several Suits, or such of their Representatives as are proper to be brought before this House, in order to the Petitioners Relief, may answer to the said Appeal:" As also upon the Answers of Sir William Humble, Charles Garrett, Charles Bill and his Wife, Mary Hampson, and Robert Wydnell, put in thereunto; and due Considera tion of what was offered thereupon; as also Counsel for Samuel Shepheard of London, Merchant, and Anne Brookes Widow, upon their Petition to this House; shewing, "That they are Parties to the Cause; and their Titles and Interests are derived from the Appellant Diana Savage, and depend on the same Will and Devise; and that the determining the Right to one, determines the Right to both:"

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree, of the Thirtieth of October One Thousand Seven Hundred and Three, as any Way tends to the Prejudice of the Appellants, or Samuel Shepheard and Ann Brookes, or their Demands, shall be reversed; and also, that the Decree of the Four and Twentieth of July, in the Thirty-fourth Year of King Charles the Second, and the Proceedings in the same Cause, as far as they tend to the Prejudice of the Appellant Diana Savage, or Samuel Shepheard and Anne Brookes, shall be, and is hereby, discharged, set aside, and reversed; and that the Money in the Hands of Sir John Hoskyns, late One of the Masters of the Court of Chancery, as also what is and shall be in the Printer's Hands, shall be applied to discharge the Arrear of Interest, and the growing Interest of the Two Thousand Pounds; and that the same Two Thousand Pounds, as it can from Time to Time be raised out of the Profits of the said Office, shall be placed out at Interest, for the Advantage of the several Persons interested therein; and that the Court of Chancery do give Directions accordingly.

Scots Conspiracy, Papers concerning.

The Earl of Nottingham acquainted the House, "That he had received Two Letters."

Which he laid before the House.

The said Letters were read, as follow:

Letters to Keith and Campbel.

"To Mr. Smith, at The Marine Coffee House, near St. James's Church, in Pickadilly, London.

"Note, By Smith is meant Keith.

"SIR,

"I long mightily to hear from you; and, for my Part, after what has passed since I heard from yourself, I have so much to say, that I shall say nothing at all. I did not take it kindly that Sir Wm. went away without telling me any Thing of the Matter; and since ye are, I hope, to be soon in Scotland, I shall reckon with you both when I see you. Your Aunt's Death brought me to this Country about a Fortnight ago, and I go Home the next Week; so pray let me hear from you, and how all goes. This World is so kitle, that one dares hardly mention a Friend without Suspicion of a Plot; but, I thank my Stars, I know nothing of these Matters: And, if the D. A. had been as grateful to you as he ought, I believe your Name should not have been in Print. And I am surprized to find some of your Friends write about their Endeavours to keep you in common Friendship with one has appeared so much your Enemy. Our Comrade, the only sensible to ye I ever knew, is very desirous to hear from you; for your Concern, about your late Adventure, strikes him deeper than what is common to those dull Animals. I shall be still impatient to hear from you; and I am, with the utmost Devotion,

"Sir,

Your own House, 22 Feb. 1703.

"Yours."

"To Mr. John Moncrifc, to the Care of Mr. John Campbell, Goldsmith, in The Strand, London.

"Note, By Moncrife is meant Colin Campbell.

"Dear Cus,

"I believe all the Devils are got loose, to torment me with you: I am abused, ruined, and my Reputation torn. Here I suffer by those whom I served, and am treated like a Traitor and a Villain; and if I had not had good Friends here, of Strangers, I had perished like a Dog. I do not yet know what my Fate will be; but I have dear-bought my Conversation with those you call my real Friends. You tell me that K. betrayed me to A. and now we hear of his Sufferings for me; but none in England could wrong me but he or you; and, if either of you has wronged me, I cannot trust myself, or any Flesh and Blood. My Comfort is, that I neither betrayed my Trust nor my Friends, nor would not for the Universe; and I wondered how you suffered little Fellows to dare calumniate me. However, my Dear, if you have any Thing left in you of the Ties of Nature or Comradeship, I hope you will do me what Justice you can with my Friends, and those you know intrusted themselves to me; and let me know, if possible, what all this is, and what they rely upon in all this Matter. My good Friend N. is likewise brought as an Evidence: For my Part, I believe the Day of Judgement is at Hand; for I see a great many of the Symptoms of it. I hope you will take Care to support To. and my poor little Concerns of my Family, which I will not abandon for all that's come and gone. Pray write to me; and, if you cannot send it to the former without Suspicion, send it, under Cover, "To Mr. William Cromie, Factor, at Rotterdam, to be given to Mr. Neerinx;" and write on the Back of it, "To Peter Tomson, at Liegc." Fail not in this, if you love

"Your Cus, and faithful Friend and Servant,

"J. C."

Liege, the 24th February, 1704.

Whereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Letter directed "To Mr. Smith, at The Marine Coffce House, in Piccadilly," dated 22d Feb. 1703; and the Letter directed "To Mr. John Moncrife, to the Care of Mr. John Campbell, Goldsmith, in The Strand, London;" shall be, and are hereby, referred to the Lords Committees appointed to consider of the Scottish Conspiracy; and the Letters to be delivered to them.

Adjourn.

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