House of Lords Journal Volume 17: 21 February 1704

DIE Lunæ, 21 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Leighton versus Warden of The Fleet.

Upon reading the Petition of Colonel Leighton; shewing, "That the Record between Her Majesty and the Warden of The Fleet was, by Writ of Error, brought into this House upon Friday last; and that Errors were assigned thereupon on Saturday last; and praying a Day may be appointed, for the Warden of The Fleet to assign Issue:"

Queen versus Ford.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Weedon Ford, Warden of The Fleet, do join Issue upon the said Writ of Error on Monday next, at Ten a Clock.

Symes versus Simonds & al.

Whereas this Day was appointed for hearing of the Cause, wherein Richard Symms and others are Appellants, and Anne Simonds and others are Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the 26th Day of this Instant February, at Ten a Clock in the Forenoon; and that all the Causes after that Day be removed, to come on in Course, except that which is appointed to be heard on Friday next.

Sicilian Thrown Silk, &c. to continue the Importation of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for prolonging the Time by an Act of Parliament, made in the First Year of Her Majesty's Reign, for importing Thrown Silk, of the Growth of Sicily, from Leghorn."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Thursday next, at Eleven a Clock.

Sword Blade Company Bill.

Hodie 1^a vice lecta est Billa, 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 over-charged in the Purchase-money for several forfeited and other Estates and Interests in Ireland, purchased by them."

Sir John Cooper and Henley's Bill.

Hodie 1^a vice lecta est Billa, 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 Parishes of St. Gyles in the Fields and St. Clement's Danes, in the County of Midd'x."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act, that the Ships called The Golden Starr and Bull, being taken as Prizes and condemned, may have the Freedom of trading as English Ships;" to which they desire the Concurrence of this House.

Golden Star and Bull, to trade as free Ships, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act, that the Ships called The Golden Starr and Bull being taken as Prizes and condemned, may have the Freedom of trading as English Ships."

Ranc & al. Nat. Bill.

The Earl of Manchester reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Rene Ranc, Mathew Decker, and others," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Rene Ranc, Mathew Decker, and others."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Legh's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Estate of Thomas Legh, late of Ridge, in the County of Chester, Esquire, deceased, in Trustees, for the Payment of his Debts, perfecting his Purchases, and better effecting the Purposes in his Will," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Thomas Legh, late of Ridge, in the County of Chester, Esquire, deceased, in Trustees, for the Payment of his Debts, perfecting his Purchases, and better effecting the Purposes in his Will."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to vest the Manor of Hanslop and Castlethrop, and all other the Lands and Hereditaments of Sir Peter Tyrril Baronet, and Thomas Tyrril Esquire, his Son, in the County of Bucks, in Trustees, to sell Part thereof, for Payment of Debts; and to settle other Lands and Hereditaments there, being of an equal Value, in Lieu of Lands to be sold;" to which they desire the Concurrence of this House.

Sir Peter Tyrril's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest the Manor of Hanslop and Castlethrop, and all other the Lands and Hereditaments of Sir Peter Tyrril Baronet, and Thomas Tyrril Esquire, his Son, in the County of Bucks, in Trustees, to sell Part thereof, for Payment of Debts; and to settle other Lands and Hereditaments there, being of an equal Value, in Lieu of Lands to be sold."

Cotton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Bernard Cotton Esquire to sell some Part of his Estate, for Payment of his Debts; and for confirming several Conveyances already made, of several other Parcels of his Estate, by himself and Trustees, to severÀl Purchasers thereof."

ORDERED, That the Consideration of the said last mentioned Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the Sixth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

York Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal a Proviso, in an Act of the Fourth Year of the Reign of King William and Queen Mary, which prevents the Citizens of the City of York from disposing of their Personal Estates by their Wills, as others inhabiting within the Province of York, by that Act, may do."

ORDERED, That the Consideration of the said Bill be committed to the Lords Committees above-named; their Lordships, or any Five of them, to meet on the said Bill, on Wednesday next, at the Time and Place aforesaid.

E. of Bath's Bill; Agreement with the E. of Montagu about it.

The House being informed, "That there is an Agreement between the Earl of Bathe and the Earl of Montagu, so as to leave out of the Bill all that relates to the late Duke of Albemarle's Estate:"

Whereupon the Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for enabling Trustees to lease the Estate of William Henry Earl of Bathe, during his Minority; and the Monies raised thereby to be applied for Payment of Debts, Annuities, and Legacies," as fit to pass, with some Amendments."

ORDERED, That the said Bill be re-committed, to the same Committee; who are to meet To-morrow, at Ten a Clock.

Keith's Examination, Report of:

The Duke of Somerset reported, "That he and the other Lords had examined Mr. Keith, concerning a Letter received by the Earl of Nottingham, by the Discovery of Mr. Keith; and that they were of Opinion, that Mr. Keith had prevaricated with the Lords; and that he did know the Meaning of several Things in the Letters, which he would not disclose."

Declared not to be an Object of Mercy;

Whereupon, it is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. William Keith, upon his Examination by the Lords appointed to examine him by this House, hath prevaricated with this House; and, by his Behaviour, doth not seem an Object worthy of Her Majesty's Mercy.

The Two Letters, upon which Mr. Keith was examined, follow, in hæc verba:

Letters to him, on which he was examined.

"To Mr. Smith, to be left for him at The Marine Coffee-House, near St. James's Church, in Pickadilly, London.

"[Note, by Smith is meant Keith.]

"My dear Friend,

"Your long Silence begins to be so uneasy to me, that I can no longer find out Excuses for it; which if you do yourself to your Advantage, I shall be easily satisfied, notwithstanding of the Trouble it gives me. I wrote to you several Times from Edinburgh, and on my Road to this Place, to which I thought I might have expected Answers; particularly concerning Captain Craford, who you saw when I was with you last, and his Affair: He parted from Edinburgh above Six Weeks ago, in order to go to London, and from thence to whence he came. You would see by my last, that I should be impatient till I heard of his being gone. I do not doubt but you have heard of him, for he was to inquire about you as soon as he came there; so I entreat Once more, that, as soon as is possible, you may let me know what is become of him; with a full Account of yourself, what you are doing, and what you design to do; for I find all your Friends here as much in the Mist about you as I am; which, I am persuaded, you'll own to be contrer to the common Rules of Justice and Civility to true Friends and near Relations; for I think I may freely say, that you would not have stayed there all this Time, without being assured of something worth your while; either by Marriage, which I find would be the most acceptable to your Friends here, or some other Way; for I do assure you, that your Father's Circumstances are such, that of a long Time he shall not be able to assist you; so lay your Count by it, and make good Use of what you have got. I am sorry to write you so bad News; but it is better you should know it now, than when you cannot so well help it. Your Mother, in whose House I am at present, hath been very ill since I came to this Country; which I imputed much to her Anxiety about you, her Love for you, with the Want of Knowledge of what you are doing, or what you intend; which is really unpardonable to so loving a Mother as you have, who never longed more to see you than now. Your Sister is very well, and gives you her Service; who is likewise very anxious to see you: She is One of the most accomplished Gentlewomen of her Age I have seen since I came to the Country: She deserves your Love and Esteem, as I find she hath for you. I would say much more to you of my own Particular, but the Uncertainty that I am in about you obliges me to refer it to a better Occasion; only I beg Once more of you, the Moment you receive this, you may write me a full Account of every Thing; particularly about yourself, whether I may expect to see you at London, and where: For, if it please God, Once the next Month I shall be there. I entreat, if you see young Boine, give my Service to him: I should be glad likewise to know, if I might expect to see him there at the same Time. I am resolved to be free with him; which I have not been as yet, for Reasons I shall tell you at Meeting: Wherefore I expect you will be able to give me an Account of him. I beg Once more, you may delay no Time in writing to me so soon as you receive this; and send it, under a Cover for me, "To Mr. James Grame of Neuton, in The Land Market, at Edinburgh."

"Adieu, my dear Friend; but be more mindful of those that wish you well.

Dec. 16th, 1703.

"Desire Neuton, in your Cover, to keep my Letter till I call for it."

"To Mr. Smith, to be left for him at The Marine Coffee-House, near St. James's Church, Piccadilly, London.

"[Note, by Smith is meant Keith.]

"Aberdeen, 30 January, 1704.

"My dear Friend,

"It is needless for me to pretend to express the Satisfaction I had, when I was informed of your being delivered of the Goods that lay so long and heavy on your Hands, since my Interest was so considerable in them; but, since it hath pleased God to deliver us of that Misfortune, let us join our Hands, to deliver one another; whose Circumstances would be much harder were they as publicly known, which you know is a daily Hazard, it not being possible for him to keep them altogether within himself; however, I find he doth not want Friends, and I hope will get them concealed till once he get off, which he is resolved to do as quickly as he can, being at present in a very fair Way for it; and is to carry along with him what of his small Stock conveniently he can. But he says, "For all his Haste, and all the Strait he is put to, if you will make Haste, and come to the Kingdom immediately, since you are coming soon however, he would wait yet some Days for your Advice." The Gentleman I speak of left a Wig with you the last Time he saw you, to be sold. He says, "If he were at as much Freedom as you are, he would go immediately on Purpose to you:" So I entreat you may let me know, on Receipt of this, what he is to expect by my Friends at Aberdeen, where he is at present; and likewise by his at Dundee, where he may chance to be about that Time. I hope you received my last, with some Swatches of Silk Stuffs: Let me know if I may expect them according to Demand, as likewise the rest of the Commissions was in my Letter. Give my Service to my Brother-in-Law, when you see him. So, hoping to have the Satisfaction of seeing you shortly, is all at present, from

"Your most affectionate Friend,

"and humble Servant,

"Jo. Smith."

Adjourn.

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