"After hearing Counfel, upon the Petition and Appeal of the Right Honourable Thomas Lord Wharton, "from an Order of the Court of Exchequer, dated the "Fifteenth Day of July One Thoufand Seven Hun 66 66 dred and One, for filing a Parchment Writing, pre"tended to be a Survey (amongst other Things) of the "Eftate in Queftion; and praying, that the faid Order may be discharged and fet afide, and the pretended Survey or Certificate may be taken off the File, and put into the fame State and Condition wherein it was "when the Suits between the faid Parties were com"menced; as alfo upon the Anfwer of Robert Squire 66 put in thereunto, and due Confideration of what was "offered thereupon: It is ORDERED, by the Lords "Spiritual and Temporal in Parliament affembled, That "a Trial fhall be had, next Term, at the Bar in the "Court of Common Pleas, by a Jury of the County of "Middl'x, in an Action, wherein this shall be the feigned Iffue; (videlicet,) 66 "Whether the Skins of Parchment, directed by "Order of the Court of Exchequer, of the Fif"teenth of July One Thousand Seven Hundred "and One, to be filed, are the perfect, unaltered, "exact, and entire Commiffion and Return, first filed in the Court of Exchequer, in the Six"teenth Year of King James the First: "In which Action, the faid Robert Squire fhall be Plaintiff, and take the Proof of the faid Iffue upon "himself, and the faid Lord Wharton Defendant; and "that the faid Skins of Parchment, or any Copy thereof, fhall not be given in Evidence, in any Court what66 foever, until the faid Trial be over; and that the faid "Skins of Parchment, being now upon the File by vir"tue of the faid Order of the Fifteenth of July, shall not "be allowed as any Evidence on the faid Trial for the "Plaintiff; after which Trial, the Verdict given therein "shall be certified and returned by the Court of Com"mon Pleas into this House." DIE Lune, 15° Februarii. Domini tam Spirituales quam Temporales præfentes Arch. Ebor. Mutiny Bill. Message from H. C. to return Sir E. Williams's Bill. fuerunt: Hodie vice lecta eft Billa, intituled, "An Act for "punishing Officers or Soldiers, who fhall mutiny, or defert Her Majefty's Service, in England or Ireland; and for punishing falfe Mufters, and for better Pay"ment of Quarters in England." ORDERED, That the faid Bill be committed to a Committee of the whole Houfe, To-morrow, at One a Clock. 66 nies, Bill: be heard Upon reading the Petition of Edward Whitaker Gentle- Whitaker to man, late Solicitor to the Admiralty and Navy; fhewing, against it. "That a Bill being brought to this Houfe, from the House "of Commons, to oblige the Petitioner to accompt again "for the Monies received by him while in the faid Employment, which will put great Hardships upon him, "he having paffed his Accompts feveral Years fince; "and praying, that he may be heard, by his Counsel, "at the Bar, against the faid Bill; and that the original "Orders and Books, which are in the Navy-office, relating to the paffing the Petitioner's Accompts, be "brought to this Houfe, to be made Ufe of by the Petitioner:"" the D. of The House being informed, "That the Lords Com- Journals of "mittees, appointed to confider of the Duke of Ormond's Ormond and "and Flag Officers Journals in the late Expedition to Flag Officers, "Cadiz and Vigo, are ready to make their Report, when to be made. Report about "the House fhall think fit:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Report shall be made To-morrow, at Twelve a Clock; and to be confidered on Wednesday next, at the fame Time; and all the Lords fummoned to attend. heard. The House being moved, "To appoint a Day, for Caufes to be "hearing the Caufes now depending in this Houfe:" It is thereupon ORDERED, That on Thursday next, at Eleven a Clock precifely, this Houfe will proceed to A Meffage was brought from the Houfe of Commons, hear the Caufe wherein Dame Elizabeth Northcot is Apby Mr. Lloyd and others: To return the Bill, intituled, "An Act to enable Sir "Edward Williams to fell certain Manors and Lands, in "the Counties of Brecon and Radnor, for Payment of "Debts;" and to acquaint this Houfe, that they have agreed to their Lordships Amendment made to the faid Bill. pellant, and Sir Francis Northcot and Alice Northcot After hearing Counsel, upon the Petition and Appeal Warburton and Warburton: Judgement affirmed, with Cofts. Warburton verfus Warburton, et è contra: Judgement affirmed. Meffage from H. C. with a Adjourn. and Executrixes of Robert Warburton Efquire, deceased, DIE Martis, 16° Februarii. from Part of a Decree made in the Court of Chancery, After hearing Counfel, upon the Petition and Appeal of Peter Warburton, being a Crofs Appeal to the Petition and Appeal of Alice Warburton and Hefter Warbur ton, from a Decree and Orders made in the Court of Chancery, in a Caufe wherein the Petitioner was Complainant, against the faid Alice Warburton and Hefter Warburton, Executrixes of Robert Warburton Efquire, deceased, John Warburton Doctor in Phyfic, Mathew Henry and Mary his Wife, were Defendants; and praying, "That fo much of the faid Decree and Orders as directs "the raifing, charging, and paying the Two Hundred and Thirty-eight Pounds, Eleven Shillings, and Six "Pence, in the faid Appeal mentioned, and Intereft, " and difallows him his Cofts of the faid Suit, may be "fet afide and reversed; and that Cofts may be taxed, "and paid to him;" as alfo upon the Anfwer of the faid Alice Warburton and Hefter Warburton, Daughters and Executrixes of Robert Warburton Efquire, John Warburton Doctor in Phyfic, Mathew Henry and Mary his Wife put in thereunto; and due Confideration of what was offered thereupon: It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Petition and Appeal of Peter Warburton shall be, and is hereby, difmiffed this House; and that the Decree and Orders therein complained of fhall be, and they are hereby, affirmed. A Meffage from the House of Commons, by Mr. Who brought up a Bill, intituled, "An Act for gran- Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Martis, decimum fextum diem inftantis Februarii, hora undecima Aurora, Dominis fic decernentibus. Domini tam Spirituales quam Temporales præfentes Arch. Ebor. Epus. London. fuerunt: Ds. Cuftos Magni C. P. S. Dux Devonshire, Dux Somerfet. Dux Northumberland. Dux Bolton. Dux Bedford. Dux Marlborough. Ds. Bergevenny. Ds. Lawarr. Ds. Ferrers. Ds. Wharton. D's. Poulett. Ds. Rockingham. Ds. Berkeley Str. Ds. Dartmouth. Comes Lindsey, Mag- Ds. Stawel. nus Camerarius. Ds. Guilford. Comes Carlife, Maref- Ds. Cholmondeley. callus. D's. Wefton. Comes Jersey, Came- Ds. Herbert. rarius. Comes Derby. Comes Peterborow. Comes Stamford. Viscount Longueville. PRAYER S. Ds. Haverfham. Ds. Bernard. The Houfe took into Confideration the Amendments Fane's Bill. made by the Commons to the Bill, intituled, "An Act to "enable the furviving Trustees and Executors of the last "Will and Teftament of Thomas Fane Efquire, deceased, "to pay an Annuity unto Mildmay Fane Efquire, for his "Maintenance and Education, until he fhall attain his Age of One and Twenty Years. Which were read Thrice, and agreed to. ORDERED, D. Orinond and Flag A Meffage from the Houfe of Commons, by Mr. Dolben and others: Who brought up a Bill, intituled, "An Act to en"able Her Majefty to fettle the Lands and Revenues of "the late diffolved Hospital of The Savoy to fuch chari"table and public Ufes as are therein mentioned; and "for making the Chapel there a Parochial Church ;" to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, by Sir John Levifon Gower and others: To return a Bill, intituled," An Act to enable the "Executrix of James Hoare Efquire, deceased, to pay a "Sum of Money, in Discharge of a Truft in her repofed "by his Will;" and to acquaint this House, that they have agreed to the fame, without any Amendment. A Meffage was brought from the House of Commons, by Mr. Gape and others: To return the Bill, intituled, " An A&t for fetting "afide a Settlement, in order that William Butler may "have a good Conveyance of Lands from Raphael Whift"ler, according to Articles agreed on;" and to acquaint this House, that they have agreed to the fame, without any Amendment. The Duke of Bolton reported from the Lords ComOfficers Jour- mittees, appointed to confider the Duke of Ormond's nals, on the Journal, delivered into this House the Thirtieth of NoExpedition to "vember laft; as alfo the Journals of the Flag Officers Vigo, Report and Captains of the Fleet in the last Summer's Expediabout. tion to Cadiz and Vigo; and an Account of Provifion brought Home, as follows; (videlicet,) Cadiz and Memorandum, This Report was entered by Order of the Committee for the Jour nal. 66 "Upon a Reconfideration of Sir Geo. Rook's Inftruc"tions; the feveral Advices and Intelligences we have "had from Mr. Methwen and his Agents, the Prince of Heffe D'Armfteadt, and the concurrent Informations we have received from several Fishermen, &c. taken "on the Coaft; from which it may be reasonable to con"clude the Enemy has about 4000 difciplined Troops in "the Town of Cadiz, befides Burghers, &c.; and 1000 "Horfe of old Troops, befides the Militia for the "Guard of the Coaft. 66 And, in regard the Fleet can give no other Affiftance to the Difembarkment, than covering the Forces "in their landing, and bombarding the Town, and the Impoffibility of fupplying the Forces from the Fleet "in Blowing Weather; it is adjudged impracticable to attempt the Island of Cadiz immediately in these Cir"cumstances: But, in Consideration the taking the Fort "of St. Catarina and Port St. Maria may facilitate the "Accefs of the Fleet into the Harbour, and annoying "the Town with our Bombs, getting of better Intel 66 66 ligence of their Condition, and for fupplying the "Fleet with Water, which we begin to be in Want of, "and trying the Affections and Inclinations of the Peo"ple of the Country to the Houfe of Auftria; it is re"folved, to land our Forces in The Bay of Bulls, in order "to reduce the aforefaid Fort and Town; and, upon the "Succefs of this Attempt, it may be confidered what "further is to be done in Profecution of Her Majesty's "Inftructions; and that his Grace the Duke of Ormonde "do fend a Summons to the Town, to fubmit to their "lawful King, of the House of Austria. "On the 13th of August, the Duke of Ormonde did "fend an Engineer, with the Lieutenant of The Ranelagh, " to view and found the Coaft on the Weft Side of the "Ifland of Cadiz; who, on his Return, found the Duke "of Ormonde on board the Admiral, and made his Report to him there. 66 "The Lords Committees, appointed to confider of" the Duke of Ormond's Journal, and alfo the Journals of the Flag Officers and Captains of the Fleet in the "laft Summer's Expedition to Cadiz and Vigo, and an "Account of Provifion brought Home, have met; and "have examined feveral Perfons upon Oath; and perused "the Journals in relation to that Expedition; and have "commanded the following Report to be laid before "the Houfe.. "A. My Opinion was, That a Defcent might be "made there; and it was alfo my Opinion, that it was "the only Way the Town could be taken by. "Q. By whofe Order went you to view the Place; " and to whom did you make your Report? "A. It was by the Duke of Ormond's Order; he gave "me Orders in the Evening, and I went about Break "of Day: At my Return, I found the Duke of Ormond "on Board the Admiral, and made my Report to him. "Q. How 7 John Cowe. Q. How near the Shore were you, when you took " Ground feemed to us to be very clear about the "A. I went all along within Mufket Shot of the 66 Q. Did you put the Boat's Head afhore? "A. We did not. 1 66 Q Was the Water fmooth when you were on "that Coaft? "It was fmooth enough for landing; but they could not expect to land dry, without wetting their Feet, "between Hercules Pillars and the Town. "Q. Were you fent to found the River or Coast of Lewis Peteet, "St. Pedro? "A. I was fent, by the Duke of Ormonde, Two Days "before we were at Matagorda, about the 25th Áu"guft, as near as I remember. 66 Q. What did you obferve there? A. The Place was very fit for landing in the Island ❝of Lyons. "Q. Did you obferve the Entrance into the River? "A. I did, on both Sides; and it was good landing; "I could have been afhore, if I had had a Mind to it. 66 "Q. How wide is the Entrance? "A. About Half a Quarter of a Mile, as near as I can guess: The Northernmoft Entrance that is be"tween the Ifland St. Pedro and the Iland of Lyons "is about Half a Mile; the Southernmoft Entrance into "the River Swar is not a Quarter of a Mile between "the Ifland of Lyons and the inain Land. 66 Q. Did you found going into St. Pedro, and about "A. The Mafter of The Newport was with me; who 4 B 46 |