House of Lords Journal Volume 27
March 1747, 11-20

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History of Parliament Trust

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Year published

1767-1830

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66-81

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'House of Lords Journal Volume 27: March 1747, 11-20', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 66-81. URL: http://www.british-history.ac.uk/report.aspx?compid=114254 Date accessed: 24 July 2014.


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March 1747, 11-20

DIE Mercurii, 11o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor.
Epus. Roffen.
Epus Litch. & Cov.
Epus Sarum
Epus Glocestriens
Epus Wigorn
Epus Norwic
Epus Bristol
Epus Cicestriens
Epus Landavens
Epus. Bangor.
Epus. Lincoln.
Epus Asaphen.
Epus Meneven.
Epus. Hereford.
Epus. Exon.
Ds. Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hac vice.
Dux Dorset, Præses
Dux Devon, Senescallus
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort
Dux St Albans
Dux Bolton
Dux Leeds
Dux Bedford
Dux Marlborough.
Dux Rutland
Dux Montagu.
Dux Argyll
Dux Ancaster & Kest. Magnus Camerarius Angl
Dux Kingston
Dux Newcastle
Dux Portland
Dux Manchester.
Dux Chandos.
March Tweeddale.
March Lothian
March Rockingham.
Comes Pembroke.
Comes Lincoln
Comes Northampton
Comes Warwick
Comes Westmorland
Comes Peterborow.
Comes Stamford
Comes Winchilsea
Comes Chesterfield.
Comes Cardigan
Comes Carlisle
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Abingdon.
Comes Gainsborough.
Comes Holdernesse.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Godolphin
Comes Cholmondeley
Comes Moray
Comes Findlater.
Comes Portmore
Comes Oxford.
Comes Ferrers.
Comes Strafford
Comes Uxbridge.
Comes Tankerville.
Comes Granville
Comes Halifax
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield
Comes Pomfret
Comes Graham
Comes Waldegrave
Comes Fitzwalter
Comes Ashburnham.
Comes (fn. 1) Effingham
Comes Orford
Comes Bath
Comes Portsmouth
Comes Clinton.
Comes Brooke
Comes Bucks
Viscount Say & Seale.
Viscount Fauconberg
Viscount Townshend
Viscount Weymouth
Viscount Harton
Viscount Lonsdale.
Viscount St John.
Viscount Falmouth.
Viscount Harcourt
Viscount Torrington
Viscount Leinster
Ds. Delawarr.
Ds Dudley
Ds Willoughby Br
Ds Wentworth
Ds Willoughby Par.
Ds North
Ds. St. John
Ds Maynard
Ds. Strange.
Ds Leigh
Ds Byron
Ds. Ward
Ds Berkeley
Ds Cornwallis
Ds Hervey
Ds Somerville
Ds Hay
Ds Mansel
Ds Middleton.
Ds. Trevor
Ds Masham
Ds. Foley
Ds Bathurst.
Ds. Onslow
Ds Romney
Ds Cadogan
Ds Ducie
Ds Monson
Ds Raymond
Ds Talbot.
Ds. Ilchester.
Ds. Montfort.
Ds. Chedworth.
Ds. Edgecumbe.
Ds. Sandys
Ds. Herbert.

PRAYERS.

Durham Road, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road leading from the City of Durham, in the County of Durham, to Tyne Bridge, in the said County," was committed "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Sunderland Road, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Sunderland, near the Sea, to the City of Durham, in the County of Durham," was committed.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Coaches, &c. Duties on, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Coaches, and other Carriages therein mentioned, and for raising the Sum of One Million, by Way of Lottery, to be charged on the said Rates and Duties"

Ordered, That the House be put into a Committee thereupon, on Monday next.

High Constable examined as to Stoppages in the Streets.

The Order being read, for the Attendance of the High Constable of Westminster

He was called in, and acquainted with the Complaint made Yesterday, of the Interruption given to the Lords, in returning Home, by Carts and Carriages, contrary to the Orders of this House.

And he, being heard thereupon at the Bar, was enjoined to take Care that the said Orders be better observed for the future.

And then he was directed to withdraw.

Lord Lovat s Trial futher proceeded in.

The Order of the Day being read, for proceeding further in the Trial of Simon Lord Lovat, upon the Impeachment of High Treason, exhibited against him by the House of Commons.

The Lords were called over by the Clerk, Garter King at Arms, at the Table, marking those that were present by his List.

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

Also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled until he was acquainted by the Lord High Steward he might rise.

Then the Lord High Steward acquainted the Prisoner with what the House had determined Yesterday, against hearing his Counsel upon the Matter then by him desired.

Which done, the Managers for the House of Commons were directed to proceed in their Evidence.

Who produced John Murray of Broughton Esquire; who was heard at large, upon Oath, as to the Rise and Progress of the late Rebellion, and was examined touching what he knew of any, and what, Concern the Prisoner might have therein.

And then he was directed to withdraw.

Next, Hugh Fraser of Dumballoch was sworn, and examined in relation to his Knowledge of the Prisoner's Conduct touching the said Rebellion.

And, being cross examined, declared, "He had never been threatened nor rewarded"

The John Riddell, Groom to the Lord Lovat, was also produced, sworn, and examined touching the Prisoner's Conduct, in relation to the said Rebellion.

He was likewise cross examined, concerning his being brought as a Witness, and acquainted the House, "He was the Prisoner's Groom, and surrendered himself after the Battle of Culloden"

Next, William Walker, Coachman to Lord Lovat, was produced, and examined in like Manner, to the same Purpose.

He was cross examined by his Lordship, if he was threatened on this Occasion, and by whom.

Which done,

The Prisoner acquainted the Lords, "That he was fatigued to such a Degree, that it was with the utmost Difficulty he was able to attend his Trial, and therefore begged a Respite for a Day"

Whereupon the House was moved, "To adjourn to the Chamber of Parliament."

And adjourning accordingly.

The Lords and others returned in the same Order they went down.

And being there resumed.

The Trial to be further proceeded in.

Ordered, That this House will proceed further in the Trial of Simon Lord Lovat, in Westminster Hall, on Friday next, at Eleven of the Clock in the Forenoon.

Message to H C to acquaint them with it.

And a Message was sent to the House of Commons, by Mr Elde and Mr Thurston, to acquaint them therewith.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House, in Westm'r Hall, on Friday next, at Eleven of the Clock in the Forenoon.

Chitty against Attorney General.

Ordered, That the Hearing of the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent, which stands for Monday next, be put off to the First Cause-day after the said Trial shall be finished.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 13o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Roffen
Epus. Litch. & Cov.
Epus Sarum.
Epus Glocestriens
Epus. Wigorn.
Epus Bristol
Epus Cicestriens
Epus. Landavens
Epus. Lincoln
Epus Meneven.
Epus Hereford
Epus. Exon.
Ds Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hac vice
Dux Dorset, Præses
Dux Devon, Senescallus.
Dux Grafton, Camerarius
Dux Richmond
Dux Beaufort
Dux St Albans.
Dux Bolton
Dux Leeds
Dux Bedford
Dux Rutland
Dux Montagu
Dux Argyll
Dux Ancaster & Kest. Magnus Camerarius Angl
Dux Kingston
Dux Newcastle
Dux Portland
Dux Manchester
Dux Chandos.
March Tweeddale.
March. Lothian.
March Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Abingdon.
Comes Gainsborough.
Comes Holdernesse.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Moray.
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Grantham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Waldegrave.
Comes Fitzwilliam.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath.
Comes Portsmouth.
Comes Clinton.
Comes Brooke.
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount St John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Leinster.
Ds. Delawarr.
Ds Dudley.
Ds. Willoughby Br.
Ds Wentworth.
Ds. Willoughby Par.
Ds North.
Ds St John.
Ds. Maynard.
Ds Strange.
Ds Leigh.
Ds. Byron.
Ds Ward.
Ds Berkeley.
Ds. Hervey.
Ds Somerville.
Ds Hay.
Ds Mansel.
Ds. Middleton.
Ds Trevon.
Ds Masham.
Ds Foley.
Ds. Bathurst.
Ds Onslow.
Ds. Romney.
Ds Cadogan.
Ds Ducie.
Ds Monson.
Ds Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert

PRAYERS.

Sutton Marsh to Guys Hospital, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm a Decree of the Court of the Dutchy of Lancaster, concerning certain Marsh Lands, called Sutton Marsh, in the County of Lincoln, and a Conveyance from Lascells Metcalfe Esquire of the same, to the Corporation of the President and Governors of the Hospital founded at the sole Costs and Charges of Thomas Guy Esquire," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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

It was Resolved in the Affirmative.

Sunderland Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from Sunderland, near the Sea, to the City of Durham, in the County of Durham."

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

It was Resolved in the Affirmative.

Durham Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from the City of Durham, in the County of Durham, to Tyne Bridge, in the said County"

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

It was Resolved in the Affirmative.

Message to H C that the Lords have agreed to the Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Spicer and Mr. Edwards

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

Kelfield Common Fields enclosing, Bill.

The Earl Fitzwalter, pursuant to the Order of the 9th of February last, presented to the House a Bill, intituled, "An Act to empower Mary Stillington Widow to execute a Power vested in Joseph Stillington Esquire, her late Husband, deceased, for raising Money, to complete the Enclosure of the Common Fields and Common Grounds, in the Manor of Kelfield, in the County of York."

And the same was read the First Time.

Gwillym & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Gwillym the Elder Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for sale of certain Estates in the Counties of Hereford, Monmouth, and Gloucester, of Robert Gwillym Esquire, and Robert Gwillym his Son, for discharging Encumbrances affecting the same, and for settling, in Lieu thereof, other Lands and Hereditaments, in the County of Lancaster, and for other Purposes therein mentioned."

Orme's Petition referred to Judges.

Upon reading the Petition of Garton Orme Esquire, only Son of Robert Orme Esquire by Dorothea his Wife, both deceased, praying Leave to bring in a Bill, for vesting the Inheritance of certain Premises, comprized in a Settlement in the Petition mentioned, in the Petitioner Garton Orme, in Fee Simple, discharged of all the Uses therein contained, other than the Provision for the Portion of Elizabeth his Daughter and only Child, in order to enable him to satisfy his Debts and other Encumbrances.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Denton and Mr Justice Brich, with the usual Directions, according to the Standing Order.

Powys & al. Petition referred to Judges.

Upon reading the Petition of Mary Powys Widow, commonly called Lady Mary Powys, in Behalf of herself and Two Infant Daughters by her late Husband deceased, and also of Richard Powys Esquire, praying Leave to bring in a Bill, for Sale of certain Estates, in the Petition mentioned, for Payment of Portions, and also the Debts of her said Husband, and for other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Justice Abney, with the usual Directions, according to the Standing Order.

Trial of Lord Lovat.

The Order of the Day being read, for proceeding further in the Trial of Simon Lord Lovat, upon the Impeachment of High Treason, exhibited against him by the House of Commons.

The Lords were called over by the Clerk, Garter King at Arms, at the Table, marking those that were present by his List.

The House was adjourned into Westm'r Hall, whither the Lords and others went in the same Order as on Wednesday last.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

Also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled until he was acquainted by the Lord High Steward he might rise.

And the Managers for the Commons being directed to proceed in their Evidence.

They produced Thomas Fraser, who, being sworn, was examined touching his being employed by the Lord Lovat, in mending Colours for him at Inverness, and by whom he was paid.

And then he was directed to withdraw.

Next, Hugh Fraser, who had served his Lordship in the Capacity of his Secretary, was examined, in like Manner, as to the Conduct of the Master of Lovat, and raising the Clan of the Frasers, the Confession of the said Lord, in relation to a Commission he was to have from the Pretender, as also a Patent to create him a Duke, and touching a Packet from the Pretender's Son.

He was cross examined, as to his being taken, whether now in Custody, pardoned or not, and whether before examined, and by whom.

And then he was directed to withdraw.

Then, Lieutenant Alexander Campbell was called, sworn, and examined as to any, and what, Conversation he has had with the Prisoner.

And withdrew.

Next, Peter Fraser, Tutor of Belledrum, was called as a Witness, but objected to by the Prisoner, as being his Tenant Who was thereupon sworn upon a Voir dire

And declaring, "He held Lands under him only as a Guardian to his Nephew, but not in his own Right"

He was sworn in Chief, and examined in relation to the Conduct of the Master of Lovat, and carrying the Clan of the Frasers into the Rebellion.

He was cross examined, as to any, and what, Examination he had before been under.

And then he was directed to withdraw.

John Farquhar, Groom to John Murray of Broughton, was then produced, sworn, and examined as to what passed at a Meeting of the Chief of the Clans after the Battle of Culloden, and of any, and what, Concern the Prisoner had on that Occasion.

He was cross examined, whether he had been taken Prisoner, and whether his Master received any, and what, Part of the Money at that Time distributed.

And directed to withdraw.

Next, Charles Stewart was examined, in the same Manner, as to any and what, Association was entered into by The Highland Chiefs, and if any, and what, French Money was distributed upon that Occasion.

And then he was directed to withdraw.

Lieutenant John Dalrymple examined, in like Manner, in relation to the Prisoner's being taken, and of his Conduct at that Time.

He was cross examined, in relation to the Money taken out of the Prisoner's Strong Box, in Captain Ferguson's Sloop.

He was directed to withdraw.

Next, David Campbell Esquire was examined, in like Manner, as to the searching the Islands, and whom they found therein, and of the Prisoner's being brought on board Captain Ferguson's Sloop, the opening the Strong Box, and the Contents thereof.

He was cross examined, in relation to the Prisoner's Surrender.

And then directed to withdraw.

Then, Sir Edward Fawkener was examined, in the same Manner, as to what passed after the Prisoner was taken, and the Conversation that passed between them.

He was likewise directed to withdraw.

And then Robert Froser, a former Witness, was produced, and examined as to written Evidence, consisting of several Letters, dictated by the Prisoner, and signed by him, written by the Witness, addressed to the Pretender's Son and others, full of Expressions of Zeal for his Service, and acknowledging his Receipt of a Commission for General of The Highlands, and Patent for a Dukedom, or signed Copies thereof.

And the said Letters being read at the Table.

He was directed to withdraw.

The House was moved, "To adjourn to the Chamber of Parliament."

And adjourning accordingly.

The Lords and others returned in the same Manner they went down.

And being there resumed.

The Trial to be further proceeded in.

Ordered, That this House will proceed further in the Trial of Simon Lord Lovat, on Monday next, in Westm'r Hall, at Eleven of the Clock in the Forenoon.

Message to H C to acquaint them with it.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House, in Westm'r Hall, on Monday next, at Eleven of the Clock, in the Forenoon.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum sextum diem instantis Martu, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Roffen.
Epus. Litch. & Cov.
Epus Glocestriens
Epus Oxon
Epus. Norwich.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens
Epus Bath & Wells
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Epus Hereford.
Epus. Exon.
Ds. Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hac vice
Dux Dorset, Præses
Dux Devon, Senescallus.
Dux Grafton, Camerarius
Dux Richmond.
Dux Beaufort
Dux St Albans.
Dux Bolton.
Dux Leeds.
Dux Rutland
Dux Montagu.
Dux Argyll
Dux Ancaster & Kest'n Magnus Camerarius Angl
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
March Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Abingdon.
Comes Gainsborough.
Comes Holdernesse.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet
Comes Godolphin.
Comes Cholmondeley.
Comes Moray
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Tankerville.
Comes Granville.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath.
Comes Portsmouth.
Comes Clinton.
Comes Brooke.
Comes Bucks
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Viscount Leinster.
Ds. Delawarr.
Ds. Dudley.
Ds Willoughby Br.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. North.
Ds. St John.
Ds. Maynard.
Ds. Strange.
Ds Byron
Ds Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds Hervey.
Ds Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds Bathurst.
Ds. Onslow.
Ds Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Parsons & al Leave for a Bill, for Sale of Lands, &c which belonged to the late Dutchess of Northumberland.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Grace Parsons Spinster, Daughter of Sir William Parsons Baronet and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Capital Messuage called Great Frogmore, with the Lands and Grounds thereunto belonging, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to be sold, for the Purposes therein mentioned"

Talbot, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Talbot Esquire and Catherine his Wife, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Henry Talbot Esquire, in the County of Warwick, in him in Fee Simple, discharged of the Uses of his Marriage Settlement, upon his settling other Lands, of greater Value, to the same Uses."

Harrison & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Parrison Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of certain Estates, in Tewin and Datchworth, in the County of Hertford, the Estate of Jane, Anne, Mary, and Susanna Awdrey Kemeys, Infants, pursuant to an Agreement entered into by their Trustees for that Purpose."

Lord North and Guilford & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was reterred the Petition of Francis Lord North and Guilford, for himself and on the Behalf of his Son, an Infant, and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Estates of William Moore Esquire, in the Counties of Sussex, Surry, and Stafford, for Payment of Debts and Legacles"

Coaches, &c. Duties on, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Coaches, and other Carriages therein mentioned, and for raising the Sum of One Million, by Way of Lottery, to be charged upon the said Rates and Duties."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Sutton Marsh to Guy's Hospital, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to confirm a Decree of the Court of the Dutchy of Lancaster, concerning certain Marsh Lands called Sutton Marsh, in the County of Lincoln, and a Conveyance from Lascells Metcalfe Esquire of the same, to the Corporation of the President and Governors of the Hospital founded at the sole Costs and Charges of Thomas Guy Esquire"

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr Sawyer and Mr Montague

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

Gwillym's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of certain Estates, in the Counties of Hereford, Monmouth, and Gloucester, of Robert Gwillym Esquire, and Robert Gwillym his Son, for discharging Encumbrances affecting the same, and for settling, in Lieu thereof, other Lands and Hereditaments, in the County of Lancaster, and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

L. President.
D. Beaufort.
D Leeds
D Montagu.
D Argyll.
D Kingston.
D Portland.
D Chandos.
M Rockingham.
E. Pembroke.
E Lincoln
E Warwick.
E. Stamford
E Carlisle
E. Shaftesbury.
E. Litchfield
E. Holdernesse.
E. Jersey.
E. Findlater.
E Halifax.
E Harborough.
E Orford.
E. Bath.
E. Bucks.
L. Abp York
L B Rochester.
L B. Oxford
L. B Norwich
L B St Davids
L B Hereford.
L B Exeter.
L Delawarr.
L Willoughby Par.
L. North.
L. Maynard.
L Strange
L Byron
L Ward.
L Cornwallis.
L Hervey.
L Hay.
L. Mansel.
L Trevon.
L Masham.
L Foley
L Bathurst.
L. Raymond.
L Edgecumbe.
L. Sandys
L. Herbert.

Their Lordships, or any Five of them, to meet on Tuesday the 31st Instant, at the usual Time and Place, and to adjourn as they please.

Kelfield Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower Mary Stillington Widow to execute a Power vested in Joseph Stillington Esquire, her late Husband, deceased, for raising Money, to complete the Enclosure of the Common Fields and Common Grounds, in the Manor of Kelfield, in the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Servants Wages, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better adjusting and more easy Recovery of the Wages of certain Servants, and for the better Regulation of such Servants, and of certain Apprentices."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Colmore to be heard, by Counsel, against Mis Colmore's Bill.

Upon reading the Petition of Thomas Colmore Merchant, Eldest Son of William Colmore and Elizabeth his Wife, both now deceased, praying to be heard, by Counsel, in relation to a Bill depending in this House, to empower Anne Colmore Widow, and her Assigns, during the Life of Thomas Colmore Merchant, to make Building Leases of Lands, in or near Birmingham, in the County of Warwick, the Petitioner apprehending that Part of the Premises, proposed by the said Bill to be leased, are limited to him and his Issue, and that he may have such Relief as is agreeable to the Circumstances of his Case.

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioner may be heard, by Counsel, as desired, before the said Committee, as may Counsel be heard for the Bill at the same Time, and that the Meeting of the Committee, which is appointed for Tomorrow, be put off to Thursday next.

Trial of Lord Lovat.

The Order of the Day being read, for proceeding further in the Trial of Simon Lord Lovat, upon the Impeachment of High Treason exhibited against him by the House of Commons.

The Lords were called over, by the Clerk, Garter King at Arms at the Table marking those that were present by his List.

The House was adjourned into Westm'r Hall, whither the Lords and others went, in the same Order as on Friday last.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

Also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled until he was acquainted by the Lord High Steward he might rise.

And the Managers for the Commons being directed to proceed in then Evidence.

They called Robert Fraser, a former Witness, who produced a Letter from the Lord Lovat to his Son, instructing him to entertain the Pretender's Son, whom he expected to come to his House near Inverness And the same Witness was examined as to the Manner and Method of his Writing for his Lordship.

And then he was directed to withdraw.

Next, John Murray of Broughton, who was likewise a Witness before, was again produced, and shewed a Letter from the Pretender's Son to the Prisoner, dated Glasgow, January the 2d, 1746, and directed for the Lord Lovat, which, the said Murray attested upon Oath, was all of the Pretender's Son's own Hand-writing.

And the said Letter was read, mentioning a Letter written by Lochiel, Cluny and Murray, earnestly requesting the Prisoner to Join him out of Hand, which Letter was likewise read.

And then he was directed to withdraw.

Which done,

Robert Fraser was again produced, and shewed a Letter from the Prisoner to the Duke of Cumberland, written after he was taken Prisoner, imploring his Royal Highness's Compassion.

And having proved the said Letter to be written by the Prisoner's Direction, and signed by him, but without Date.

The same was read.

And then he was directed to withdraw.

The Evidence for the Commons, in Support of the Impeachment, being ended.

Sir John Strange, One of the Managers, was heard at large, on their Part, to sum up the same.

And having done.

The Prisoner was acquainted by the Lord High Steward, "That now was his Time to make his Defence"

Whereupon he acquainted the House, "That he hoped they would allow him Four or Five Days for that Purpose," and requested, "That Norman Mc Leod, a Member of the House of Commons, might be a Witness in his Behalf"

As to the First of his Requests, he was told, then Lordships would consider of it, but as to the latter, he might advise with his Counsel.

The House was then moved, "To adjourn to the Chamber of Parliament"

And adjourning accordingly.

The Lords and others returned in the same Manner they went down.

And being there resumed.

Message to H C for Mr Mc Leod, a Member of then House, to be examined, as a Witness for Lord Lovat, and that the Lords will proceed in the Trial.

A Message was sent to the House of Commons, by the former Messengers.

To acquaint them, "That the said Lord Lovat having requested, that Norman Mc Leod Esquire, a Member of their House, might be examined as a Witness at his Trial, the Lords do desire that they will give Leave to the said Norman Mc Leod to be so examined at the said Trial, and that their Lordships will proceed further thereupon, in Westminster Hall, on Wednesday next, at Eleven of the Clock in the Forenoon.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House in Westminster Hall, on Wednesday next, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum septimum diem instantis Martii, hora undecima Auroræ

DIE Martis, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus. Bangor.
Epus. Lincoln.
Epus. Exon.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March Tweeddale.
March Rockingham.
Comes Lincoln
Comes Warwick.
Comes Winchilsea.
Comes Carlisle
Comes Warrington.
Comes Findlater.
Comes Halifax.
Comes Harborough.
Comes Fitzwalter.
Ds Willoughby Par.
Ds. North.
Ds. Strange
Ds Somerville.
Ds Bathurst.
Ds. Ilchester.
Ds. Sandys.

PRAYERS.

Coaches, &c Duties, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates and Duties upon Coaches, and other Carriages therein mentioned, and for raising the Sum of One Million, by Way of Lottery, to be charged upon the said Rates and Duties."

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

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by Mr Sawyer and Mr. Montague

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

Rolt & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Rolt Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting several Estates of Thomas Rolt Esquire in Trustees, to be sold, for raising Money, to discharge Encumbrances affecting the same, and other Debts, and for securing an Equivalent, in respect of the settled Part of such Estates, for the Benefit of his Wife and Infant Son, and for the providing Portions for his Daughters, and for other Purposes"

Southwould Haven cleansing, Bill.

A Message was brought from the House of Commons, by Sir Cordell Firebrace and others.

With a Bill, intituled, "An Act for opening, cleansing, repairing, and improving, the Haven of Southwould, in the County of Suffolk," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Moore's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Estates of William Moore Esquire, in the Counties of Sussex, Surrey, and Stafford, for Payment of Debts and Legacies."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

L. President.
D Argyll
D. Newcastle.
D. Portland
D. Manchester
M. Tweeddale.
M. Rockingham.
E. Lincoln
E. Warwick.
E. Winchilsea.
E. Carlisle
E. Warrington.
E. Findlater.
E Halifax.
E Harborough.
E Fitzwalter.
L B Rochester.
L B Bangor.
L B Lincoln.
L. B. Exon.
L. Willoughby Par.
L North.
L. Strange.
L. Somerville.
L. Bathurst.
L. Ilchester
L. Sandys.

Their Lordships, or any Five of them, to meet on Wednesday the First Day of April next, at the usual Time and Place, and to adjourn as they please.

Parsons & al. Bill for Sale of Lands which belonged to the late Dutchess of Northumberland.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Capital Messuage called Great Frogmore, with the Lands and Grounds thereunto belonging, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to be sold, for the Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place.

Kemeys's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting a Messuage, Lands, and Hereditaments, in Tewin and Datchworth, in the County of Hertford, the Estate of Jane Kemeys, Anne Kemeys, Mary Kemeys, and Susonna Audrey Kemeys, Infants, in Trustees, to be sold, pursuant to an Agreement entered into by the Trustees of the said Infants, for that Purpose."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they Please.

Talbot's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Henry Talbot Esquire, in the County of Warwick, in him, in Fee Simple, discharged of the Uses of his Marriage Settlement, upon his settling other Lands, of greater Value, to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

E Peterborow's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow, praying Leave to bring in a Bill, to sell so much of certain Estates in Scotland, as shall be sufficient to satisfy the Debts affecting the said Estates, and to lay out the Surplus arising thereby in the Purchase of other Lands, more conveniently situated.

Colmore's Bill, Witnesles to attend.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Burnett, with the usual Directions, according to the Standing Order.

Ordered, That Anne Colmore Widow, John Heaton Gentleman, and John Holloway, do attend the Lords Committees to whom the Bill intituled, "An Act to empower Anne Colmore Widow, and her Assigns, during the Life of Thomas Colmore Merchant, to make Building Leases of Lands, in and near Birmingham, in the County of Warwick," stands committed, on Thursday next, in order to be examined as Witnesses.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum octavum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Archiep Ebor
Epus Roffen
Epus Litch & Cov.
Epus Glocestriens
Epus Oxon
Epus. Wigorn.
Epus Norwic.
Epus Bristol.
Epus Cicestriens
Epus Landavens
Epus. Bath. & Wells.
Epus. Bangor
Epus Lincoln
Epus. Asaphen
Epus. Meneven.
Epus. Exon.
Ds Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hacvice.
Dux Dorset, Præses.
Dux Devon, Senescallus
Dux Grafton, Camerarius
Dux Richmond.
Dux Beaufort
Dux St Albans.
Dux Bolton
Dux Leeds
Dux Rutland.
Dux Montagu
Dux Argyll.
Dux Ancaster & Kest'n, Magnus Camerarius Angl
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March Tweeddale.
March Lothian.
March Rockingham.
Comes Pembroke
Comes Lincoln
Comes Warwick.
Comes Westmorland
Comes Peterborow.
Comes Stamford
Comes Winchilsea.
Comes Chesterfield
Comes Cardigan
Comes Carlisle
Comes Doncaster.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Abingdon
Comes Gainsborough.
Comes Holdernesse.
Comes Warrington
Comes Rochford
Comes Coventry
Comes Jersey
Comes Poulet
Comes Godolphin
Comes Cholmondeley.
Comes Moray.
Comes Findlater
Comes Portmore.
Comes Oxford
Comes Ferrers.
Comes Strafford
Comes Tankerville.
Comes Granville
Comes Halifax.
Comes Cowper
Comes Stanhope
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath.
Comes Portsmouth.
Comes Leicester.
Comes Clinton.
Comes Brooke.
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend
Viscount Hatton.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Viscount Leinster
Ds Delawarr.
Ds Dudley
Ds Willoughby Br.
Ds. Wentworth
Ds Willoughby Par.
Ds North
Ds St John Blet
Ds Clifton
Ds Maynard
Ds. Strange.
Ds Leigh.
Ds Byron.
Ds Ward
Ds Berkeley
Ds Cornwallis.
Ds. Hervey
Ds Somerville
Ds Hay
Ds Mansel
Ds. Middleton.
Ds Trevor
Ds Masham.
Ds. Bathurst
Ds Onslow.
Ds Romney
Ds. Cadogan.
Ds. Ducie
Ds Monson.
Ds Raymond
Ds Talbot
Ds Montfort.
Ds Ilchester.
Ds Edgecumbe.
Ds Sandys.
Ds Herbert.

PRAYERS.

Rolt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting several Estates of Thomas Rolt Esquire in Trustees, to be sold, for raising Money, to discharge Encumbrances affecting the same, and other Debts; and for securing an Equivalent in respect of the settled Part of such Estates, for the Benefit of his Wife and Infant Son; and for the providing Portions for his Daughters, and other Purposes"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

L President.
L Steward
D Leeds.
D Argyll
D Newcastle
D. Portland
M. Rockingham
E Pembroke
E Lincoln
E Warwick
E Stamford.
E. Winchilsea
E. Carlisle.
E Burlington.
E Shaftesbury
E Litchfield
E Gainsborough.
E Holdernesse.
E Oxford
E Harborough.
E Graham
E Orford
E Bath
E Leicester
E Clinton
E Brooke.
Viscount Fauconberg
Viscount Leinster
L Abp. York.
L Bp Rochester
L Bp Oxford
L Bp Landaff
L Bp. St. Davids.
L. Bp Exeter.
L Delawarr.
L Willoughby Par.
L. St John.
L Clifton.
L Strange.
L Byron
L. Cornwallis.
L. Hervey.
L Somerville.
L Bathurst.
L Romney.
L Cadogan.
L Monson.
L. Raymond.
L Talbot
L Montfort
L Ilchester.
L Sandys
L. Herbert.

Their Lordships, or any Five of them, to meet on Thursday the 2d Day of April next, at the usual Time and Place, and to adjourn as they please.

Motion to shorten the Time of Meeting of the Committee on it.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the aforesaid Committee may meet on an earlier Day, in regard the Session is far advanced"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Gwillym's Bill.

The like Motion was made, with respect to the Committee to whom the Bill, intituled, "An Act for Sale of certain Estates, in the Counties of Hereford, Monmouth, and Gloucester, of Robert Gwillym Esquire, and Robert Gwillym his Son, for discharging Encumbrances assecting the same, and for settling, in Lieu thereof, other Lands and Hereditaments in the County of Lancaster, and for other Purposes therein mentioned," stands committed, which Committee is appointed to meet the 31st Instant.

Ordered likewise, That the said Motion be taken into Consideration To-morrow.

Southwould Haven, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for opening, cleansing, repairing, and improving, the Haven of Southwould, in the County of Suffolk"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place, and to adjourn as they please.

Harris & al Petition referred to Judges.

Upon residing the Petition of Joseph Harris, for and on Behalf of his Son Edward Masters Harris, an Infant, now of the Age of Eleven Years, and Nephew of Edward Masters, late of Flecknoe, in the County of Warwick, Yeoman, deceased, Thomas Burnham, John Burnham, William Burnham, Edward Pitham and Elizabeth his Wife, Thomas Shortland, Benjamin Drayton and Hannah his Wife, and Elizabeth Winn, also Nephews and Nicces of the said Edward Masters, praying Leave to bring in a Bill, for Sale of an Estate in Warwickshire, in the Petition mentioned, for Payment of Debts, and other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Trial or Lord Lovat.

The Order of the Day being read, for proceeding further in the Trial of Simon Lord Lovat, upon the Impeachment of High Treason, exhibited against him by the House of Commons.

The Lords were called over by the Clerk, Garter King at Arms, at the Table, marking those that were present by his List.

The House was adjourned into Westm'r Hall, whither the Lords and others went in the same Order as on Monday last.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

Also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled until he was acquainted by the Lord High Steward he might rise.

Who then informed him, "He might now proceed to make his Defence"

Whereupon he acquainted the Lords with his great Age, enumerated his Infirmities, which rendered him, as he alleged, incapable himself of expressing what he had to offer thereupon, wherefore had put into Writing what he had conceived, and was advised to say, on this Occasion.

Which, by Permission of the House, was read by the Clerk, at the Bar, containing, in the First Place, his Acknowledgement for the Favour shewed him by their Lordships in the Course of the Proceedings, reproaching several of the Witnesses, with respect to their Testimony, as infamous Persons, recounting the Substance of the Proccedings concerning him, from the Time of his being impeached, and expressing the Incapacity he found himself under, for Want of the Witnesses he had caused to be summoned, but did not appear, and desiring Time, and the Authority of the House, in order to compel them to attend, hoped no ill Precedent would be made on this Occasion, and then made some Observations on the Evidence produced against him.

Which done,

The Lord High Steward asked him, "Why he did not call his Witnesses, and proceed in his Defence?" and exhorted him so to do.

But he still insisting on having the Witnesses, not yet come, summoned to appear, and refusing to produce any at this Time.

The Lord High Steward asked the Managers for the Commons, "If they had an, Thing to offer?"

Whereupon Mr Solicitor General, who, as he said, was assigned to close the Proceeding, was fully heard, by Way of Reply.

As was Mr Noel shortly, on the same Occasion.

And the Managers in general objecting to the Prisoner's being now allowed to produce any Witnesses, and refusing to agree thereunto, as being contrary to the Method of Proceeding, and that all Consequences might attend the same.

The House was adjourned to the Chamber of Parliament, whither the Lords and others returned, in the same Manner they went down.

And being there resumed.

The Proceeding entered in the Journal, the 16th of March 1715, in the Case of the Earl of Wintoun, was read.

Then it was agreed by the Lords, to go down again into Westm'r Hall, and proceed to give their Opinions, whether Simon Lord Lovat was Guilty, or Not Guilty, of the High Treason whereof he stands impeached.

But their Lordships understanding, that the Commons were returned, from the Court below, to their own House.

A Message was sent, by Mr. Sawyer and Mr Montague

To acquaint them, "That the Lords were ready to go down into Westm'r Hall, in order to proceed further in the Trial of the said Lord Lovat"

Protestation of Lords Spiritual.

Then the Lord Archbishop of York, for himself and the rest of the Bishops, delivered a Protestation, which they desire may be entered.

And the same was read, as follows.

"The Lords Spiritual of the House of Peers do desire Leave of this House to be absent from the Judgement now to be given in the Case of the Lord Lovat, by Protestation, saving to themselves and their Successors all such Rights in Judicature as they have by Law, and of Right ought to have."

Then he asked Leave that they might withdraw.

And the same being agreed to.

They immediately withdrew accordingly.

And the said Protestation was ordered to be entered, as desired.

Then the Lords being called over by the Clerk.

The House was again adjourned into Westm'r Hall.

And the Peers being there seated.

Proclamation was made, for keeping Silence.

Which done,

Lord Lovat found guilty of High Treason.

The Lord High Steward, by a List, called every Peer by his Name, beginning with the lowest Baron; and asked them, "If Simon Lord Lovat was Guilty of the High Treason whereof he stands impeached, or Not Guilty?"

And thereupon every Lord, standing up uncovered, answered, "Guilty, upon my Honour," laying his Right Hand upon his Breast.

Which done,

The Lord High Steward, standing uncovered at the Chair, as he did when he put the Question to the other Lords, declared his Opinion, to the same Effect, and in the same Manner.

Proclamation was then again made, for keeping Silence, as also Proclamation for bringing the Prisoner to the Bar.

Who being brought accordingly.

The Lord High Steward spake to him, as follows.

"Simon Lord Lovat,

"The Lords have considered of the Charge and Evidence against you, and likewise of what you have said in your Defence, and also of the whole Matter of this Impeachment, and have unanimously found you Guilty of the High Treason whereof you stand impeached"

The House was adjourned to the Chamber of Parliament.

And being there resumed.

Lords will proceed to giving Judgement against him.

Ordered, That this House will proceed further, in order to the giving of Judgement against Simon Lord Lovat, To-morrow, at Eleven of the Clock in the Forenoon, in Westm'r Hall.

Message to H C to acquaint them with it.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House, in Westm'r Hall, To-morrow, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 19o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon. Ds. Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hac vice.
Dux Dorset, Præses
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans
Dux Bolton
Dux Leeds
Dux Rutland
Dux Montagu
Dux Argyll
Dux Ancaster & Kest'n, Magnus Camerarius Angl
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
March. Lothian.
March. Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Warwick
Comes Peterborow.
Comes Stamford.
Comes Winchilsea
Comes Chesterfield.
Comes Carlisle.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Abingdon
Comes Gainsborough.
Comes Holdernesse.
Comes Rochford.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Moray.
Comes Findlater.
Comes Portmore
Comes Oxford.
Comes Ferrers
Comes Strafford.
Comes Tankerville.
Comes Granville
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Ker.
Comes Waldegrave
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath
Comes Portsmouth.
Comes Leicester.
Comes Clinton.
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend
Viscount Hatton.
Viscount Lonsdale
Viscount St John
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Viscount Leinster.
Ds Delawarr.
Ds. Dudley.
Ds. Willoughby Br.
Ds. Wentworth
Ds Willoughby Par.
Ds North
Ds. Clifton.
Ds. St. John.
Ds. Maynard
Ds. Strange.
Ds. Leigh.
Ds Byron.
Ds Ward.
Ds Berkeley.
Ds Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds Hay.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds Romney.
Ds. Ducie.
Ds Monson
Ds Raymond.
Ds. Talbot.
Ds Ilchester.
Ds Edgecumbe.
Ds Sandys.
Ds. Herbert.

PRAYERS.

Garrard, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Garrard the Elder, of Chipping Lamborn, in the County of Berks, Esquire, and his Six Sons, as also a subsequent Petition of his said Six Sons, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vacating a Writing, purporting a Will, and also certain Deeds, executed by Thomas Garrard the Elder Esquire, deceased, and for making a new Settlement and Disposition of his Real and Personal Estate, at the Desire, and with the Consent, of his Six Sons"

Orme, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Garton Orme Esquire; praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of Garton Orme Esquire, in the County of Sussex, in him, in Fee Simple, discharged of the Uses and Trusts of a Settlement made for the Benefit of his Issue by any future Marriage"

Rolt's Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for vesting several Estates of Thomas Rolt Esquire in Trustees, to be sold, for raising Money, to discharge Encumbrances affecting the same, and other Debts, and for securing an Equivalent in respect of the settled Part of such Estates, for the Benefit of his Wife and Infant Son, and for the providing Portions for his Daughters, and for other Purposes," stands committed, may meet on an earlier Day than was at first appointed, in regard the Session is far advanced.

And Consideration being had thereof accordingly.

Committee shortened.

Ordered, That the said Standing Order be so far dispensed with, in this Case, that the said Committee may meet, to consider of the said Bill, on this Day Sevennight.

Gwillym's Bill.

The Order of the Day being read, for taking into Consideration the Motion made likewise Yesterday, for dispensing with the said Order, so far as that the Committee to whom the Bill, intituled, "An Act for Sale of certain Estates, in the Counties of Hereford, Monmouth, and Gloucester, of Robert Gwillym Esquire, and Robert Gwillym his Son, for discharging Encumbrances affecting the same, and for settling, in Lieu thereof, other Lands and Hereditaments, in the County of Lancaster, and for other Purposes therein mentioned," stands committed, may meet on an earlier Day than at present appointed, for the same Reason.

Committee shortened.

Ordered, That the said Standing Order be so far dispensed with, in this Case, that the said Committee may meet, to consider of the said Bill, on Thursday next.

Chitty against Attorney General.

Whereas To morrow is appointed, for hearing the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent.

Judges to attend at the Hearing of Rotherham's Appeal.

It is Ordered, That the Hearing of the said Cause be put off to Wednesday next, and that the Cause wherein Anne Rotherham Widow and others are Appellants, and Ralph Browne and others Respondents, which stands for Monday next, be then heard, and that the Judges do then attend this House.

Court below to be cleared.

The House being informed, "That there is so great a Crowd in the Court below, in Westm'r Hall, as will incommode their Lordships, if not removed."

It is therefore Ordered, That no Person whatsoever do presume to stand below the Steps of the Throne in the said Court.

Trial of Lord Lovat.

The Order of the Day being read, for the further Proceeding in order to the giving Judgement against Simon Lord Lovat, who stands convicted of High Treason.

The Lords were called over by the Clerk, Garter King at Arms, at the Table, marking those that were present by his List.

The House was adjourned into Westm'r Hall, whither the Lords and others went in the same Order as Yesterday.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

As also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled, until he was acquainted by the Lord High Steward he might rise.

Who then demanded of him, "If he had any Thing to offer in Arrest of Judgement?" And informed him, That, if he had, now was his proper Time."

Whereupon he mentioned his Request, for Time to be allowed for the appearing of Witnesses, having been over-ruled as immaterial.

The Lord High Steward again made the like Demand of him, "If he had any Thing to offer, why Judgement should not pass against him according to Law?"

To which he offering nothing more material than before.

The House was moved, "To adjourn to the Chamber of Parliament"

And, adjourning accordingly, the Lords and others returned in the same Order they went down.

And being there resumed.

The Proceeding entered in the Journal, the 19th of March 1715, in relation to the giving of Judgement against George Earl of Wintoun, was read.

Which done,

Their Lordships were informed, "That the Commons, with then Speaker and the Mace, were at the Door"

They were called in.

And Mr Speaker, at the Bar, said,

Commons demand Judgement against Lord Lovat.

"My Lords,

"The Knights, Citizens, and Burgesses, in Parlia ment assembled, did, at this Bar, in the Name of themselves and of all the Commons of Great Britain, impeach Simon Lord Lovat of High Treason, and exhibited Articles against him, and have made good the same I do, therefore, in the Name of the Commons in Parliament assembled, and of all the Commons of Great Britain, demand Judgement against the said Lord Lovat, for High Treason."

And they being withdrawn.

Ordered, That, when Judgement shall be pronounced against the said Lord Lovat, it be the same as was pronounced against the Earl of Wintoun.

The House was again adjourned into Westm'r Hall.

And the Lords being there seated.

Proclamation was made, for keeping Silence whilst Judgement should be pronounced.

And then the Lord High Steward said,

Lord High Steward's Speech.

"Simon Lord Lovat,

"You have been impeached, by the Commons of Great Britain in Parliament assembled, of High Treason, charged upon you by particular Articles, containing different Species and various Overt Acts of that Treason.

"To these Articles your Lordship thought fit to put in an Answer, amounting to a general Plea of Not Guilty to the Whole, and, after a long and impartial Trial, upon the clearest and most convincing Evidence, against which you offered no Defence by Witnesses, your Peers have unanimously found you Guilty.

"What remains is, the disagreeable but unavoidable Part of proceeding to that Judgement, which is the necessary Consequence of such attocious Crimes Happy had it been for your Lordship, if, before you engaged in them, you had suffered the Terrors of that Consequence to have then due Weight, when the sacred Ties of your Allegrance and your Oaths were not strong enough to restrain you.

"In this Proceeding, the Zeal and dutiful Affection of the Commons to His Majesty and their Country, and the Justice of the House of Peers, have shone forth in their full Lustre The Commons found your Lordship to be One of the principal Conspnators who contrived and carried on the late detestable Rebellion, to destroy our Religion and Liberties, and to subvert that legal Settlement of the Crown in His Majesty and His Royal Family, under which alone we can live free and happy.

"They rightly judged, that this, which is the common Cause of all the People of Great Britain, ought to be prosecuted by the united Voice of the People, that it became them to investigate and lay open in full Parliament the Source of those Calamities which we have lately suffered, and the deep laid and longmeditated Conspiracy in which your Lordship had so considerable and so flagitious a Part. They rightly judged, that no Judicature was equal to such an important Proceeding but this High Court, on whose Penetration and Justice they relied, and before whom, in this great Assembly, public and indubitable Satiffaction might be given.

"Before your Conviction, I have spoken to your Lordship upon a Presumption of your Innocence But now I am bound, by the unanimous Decision of my Lords your Peers, to take the Evidence against you to be true, and to address myself to you as a guilty Person.

"Your Lordship has, in your Answer, endeavoured to avail yourself of former Services to His late Majesty and the Protestant Succession, which you have this Day enlarged upon at the Bar How unfortunate have you been, in referring back to such canceled Merit, since thereby you have furnished an Opportunity to the Commons, to shew for how long a Tract of Time you have conceived and nursed up this Treason in your Heart. Whatever your Pretences were, so infected was your Mind, and so forward your Zeal in the Cause of that Pretender whom you had then abjured, as to engage in that rash and weak Attempt from Spain in His late Majesty's Reign, yet, at or very near that Time, it appears by the Evidence (out of which every Observation I will make shall naturally arise) you were soliciting, or accepting, Favours and Trusts from that very Government which you had thus engaged to destroy. What Use did you make of those Trusts The instance of Roy Stuart, now an attainted Rebel, speaks it too plainly. Whilst you were Sheriff of the Shire of Inverness, the largest County in Scotland, and One of the greatest Consequence, you suffered that Criminal, in the Year 1736, to escape out of your public Prison, harboured him afterwards in your own House, then charged him with Messages and Assurances of Fidelity to the Pretender, and to procure for you a Commission of Lieutenant General, and a mock Title of Honour, from that pretended Prince.

"If any Thing could surpass this Treachery, it is the Association which your Lordship signed and sealed, together with Six other Persons, and sent to Rome and Paris, by Drummond of Bochaldie, in the Beginning of 1740 The Substance of this was, to assure the Pretender, whom you always called your lawful King, of your Readiness to appear openly in Arms for his Service, and to solicit an Invasion from France, against your Native County, to support this desperate Design.

"It should seem, by the Evidence, that the Foreign Enemies of Britain were less forward in this Measure to disturb her, than her degenerate unnatural Sons. Whether that Reluctance proceeded from a Distrust of so false a Set of Men, or from a Conviction, that the Body of this great People was not to be shaken in their Loyalty to a King, who possesses the Throne by the most rightful Title, and governs them in Justice and Mercy according to their Laws and Constitution, in either Case, they were in the Right: What Dependance could the Court of France have on a few abandoned Traitors What Hopes could they entertain, that a general Infatuation would on the sudden seize and delude a free and a happy People, to seek then own Slavery and Rum.

"From this Time, till the Year 1743, the Conspiracy lingered in its Progress, though great Efforts appear to have been made to render it more extensive and more formidable Then it happened, as it always has happened, that when France saw such an Enterprize, whether successful or not, might be made a convenient Engine of her own Politicks, that Court set about an Invasion in Earnest Great Preparations were made and ready at Dunkirk, but the Providence of God disappointed them. To be capable of proving Transactions of this Kind, by strict Evidence in the Forms of Law, is not common, nor in the Nature of the Thing ordinarily to be expected, but this the Vigilance of the Commons has effectually done, to the Conviction of all well intentioned Persons, and to the Shame and Confusion of those, who, though they believed and perhaps knew it themselves, were industrious to propagate a pernicious Incredulity in others.

"Thus the Commons have traced and brought down the Series of the Conspiracy to the remarkable Æra of July 1745, when the Eldest Son of the Pretender landed in Mordart, unsupported by any Foreign Troops, unattended, and almost alone.

"The appearing Rashness of this Attempt gave Rise to some Apprehensions, some Misgivings, in the Breasts of your Lordship and your Fellow Conspirators, proceeding from a Concern, not for the King or for your Country, but for your own private Interest and Safety A French Invasion had been long solicited, a French I orce was depended on, to secure you against the just Vengeance of your Native Country, and the Failure of that damped your Hopes, and produced your Expressions of Disappointment However, such was your Zeal, that, in this rash Enterprize, your Lordship joined, not indeed personally (this you often excused, complaining of your Infirmities), but by sending, or rather forcing, out your Clan, and committing every other Species of the blackest Treason which the Articles of Impeachment have charged upon you.

"Permit me to stop here a little, and lament the Condition of Part of this United Kingdom, happily united in Interests both Civil and Religious, happily united under the same Gracious Monarch, and the same public Policy, and yet the common People, in some of the remore Northern Counties, are still kept in such a State of Bondage to certain of then Fellow Subjects, who, contrary to all I aw and every true Principle of Government, have erected themselves into petty Tyrants over them, as to be liable to be compelled into Rebellion against then lawful Sovereign, under the Peril of Fire and Sword. Astonishing it is, that such a dangerous Error in Government, such a Remain of Barbarism, should have subsisted so long in any Quarter of this civilized well-governed Island, but, since such is the Misfortune, let it be accounted one good Fruit of this Inquiry, that it has appeared in this solemn Manner. The Knowledge of the Disease shews the Way to the Cure, and it calls aloud for a Remedy.

"This usurped Power was audaciously made Use of over your Clan, it is true, your Lordship's Activity in exerting it rose and fell, in Proportion to the Appearances of the good or bad Success of the Pretender's Cause, but, after the Advantage gained by the Rebels at Preston Pans, which you vainly called "a Victory not to be paralleled in History," you thought it Time to throw off the Mask, and with less Caution to espouse a Party which you then hoped might be espoused with Impunity.

"I forbear to enumerate the many Overt Acts of your Treason It would be tedious to this Assembly, who have heard them so much better from the Witnesses, and from the Recapitulation of the Managers It would be grievous to your Lordship, if your Heart is by this Time touched with any Remorse for your Guilt But one Thing I cannot help observing, upon the Excuse you expressly made for this traiterous Conduct, even after you were taken Prisoner, to which you have this Day artfully endeavoured to give a different Turn Being asked, "How you could act such a Part against a Government from which you had received many Favours?" Your Lordship's Answer was, "That it was in Revenge to the Ministry, for their ill Usage of you, in taking away your Commission of Captain of an Independent Company of Highlanders," an Excuse almost as false as it was profligate, false, because some of your treasonable Practices were committed whilst you were possessed of that very Commission, profligate it was in the highest Degree. Is Allegrance no Duty? Are Oaths to His Majesty and His Government no Obligation upon the Conscience? Is Loyalty to our lawful Sovereign and the Love of our Country to depend on the Enjoyment of extraordinary Favours and Emoluments, which no Man has a Right to, can in the Nature of Things be enjoyed but by a Few, and are in the Pleasure of all Governments to confer or deny? A Person actuated by and avowing such Principles as these, must be lost to all Sense of Virtue and of Shame, and of every Natural as well as Civil Sanction of Society.

"Sorry, very sorry I am, to see this last Reflection so strongly verified by the Proofs against your Lordship It has appeared, that you used your Paternal Influence over your Eldest Son, a Youth not above the Age of Nineteen, to compel him to go into the Rebellion, and afterwards unnaturally endeavoured to cast the Crime and Reproach of it upon him If this be true, it is an Imprety which makes one tremble. It is the celebrated Saying of a wise Writer of Antiquity, and shews his perfect Knowledge of Human Nature, "That the Love of our Country includes all other Social Affections," for we see, which that is gone, even the tenderest of all Assections, the Parental, may be extinguished with it.

"I have said these Things, not with a View to aggravate your Lordship's Crimes, but, as becomes this Place and this Occasion, to rouze your Mind, which, there is Reason to fear, may have been too much hardened to a just and deep Sense of your unhappy and dreadful Situation.

"Were I to attempt this from Topicks of Religion, I should be at a Loss whether to apply to you as a Protestant or a Papist Your open Prosession, your solemn Oaths, and public Actions, speak on one Side, but, if I am to believe the Evidence, your private Discourse and Declarations testify on the other. I will apply no Suppositions on this Head, particularly to your Lordship, but from hence I would draw an instructive Lesson, which well deserves the serious Attention of this whole Nation, of what important Consequence it is, to preserve not only the Name and outward Form of the Protestant Religion amongst us, but the real uniform Belief and Practice of it Indifference to all Religion prepares Men for the external Profession of any, and what may not that lead to? Give me Leave to assirm before this great Assembly, that, even abstracted from Religious Considerations, the Protestant Religion ought to be held in the highest Reverence, as the surest Bairier of our Civil Constitution Ecclesiastical Usurpation seldom fails to end in Civil Tyranny The present happy Settlement of the Crown is in Truth, and not in Name only, the Protestant Succession And the inviolable Preservation of that wise and sundamental Law, made since the Revolution, whereby every Papist, or Person marrying a Papist, is absolutely excluded from inheriting to this Crown, will in future Times be a solid Security for our Posterity, not only against the groundless and presumptuous Claim of an abjured Pretender and his Descendants, but also to prevent this Kingdom from becoming a Province to some of the great Popish Powers, who have so long watched for the Destruction of our Liberties.

"But to return to your Lordship Suffer me to exhort you, with great Earnestness, and in great Charity, to deliberate seriously upon your own Case, and to deal impartially with your own Conscience If, according to the Evidence given at this Bar, you have led a Life of Craft, Dissimulation, and Perfidy, consider how that Scene has closed, what Desolation you have thereby endeavoured to bring upon your Country, how fatally it has ended for yourself, consider, that the Sentence, which I am obliged to pronounce, may soon send you to a Tribunal where no Disguise or Artifice can avail you.

Sentence against Lord Lovat.

"The Sentence of the Law is, and this High Court doth adjudge,

"That you, Simon Lord Lovat, return to the Prison of The Tower, from whence you came, from thence you must be drawn to the Place of Execution, when you come there, you must be hanged by the Neck, but not till you are dead, for you must be cut down alive, then your Bowels must be taken out and burnt before your Face, then your Head must be severed from your Body, and your Body divided into Four Quarters, and these must be at the King's Disposal.

"And God Almighty be merciful to your Soul"

He desires the Intercestion of the House, for Mercy.

The Speech being ended,

The Prisoner desired the Intercession of the House to His Majesty, for Mercy.

And was then directed to be taken from the Bar.

And then the Lord High Steward stood up, uncovered, and, declaring, "There was nothing more to be done by virtue of the present Commission," broke the Staff, and declared the Commission dissolved.

And then left the Chair, and took his Seat on the Woolsack.

Next, the House was adjourned to the Chamber of Parliament, whither the Lords and others returned in the same Order they went down.

And the House being there resumed.

Thanks to the Lord High Steward for his Speech.

Ordered, That the Thanks of this House be given to the Lord High Steward, for the Speech made by him, this Day, in Westminster Hall, at the Time he pronounced the Judgement of this House upon Simon Lord Lovat, convicted upon the Impeachment of High Treason, exhibited by the House of Commons against him, and further, that the Lord High Chancellor do cause the said Speech to be forthwith printed and published, and also, that the whole Proceedings on the said Impeachment be printed and published, and that the said Speech made by the Lord High Steward be entered in the Journal of this House.

Adjourn.

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

Footnotes

1 Origin ffingham