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Meffage to
H. C. with it.

E. of Montagu's Bill.

Meffages from

H. C. with

Bills.

Ld. Carteret's
Bill.

Sir Robert
Kemp's Bill.

Frampton's
Bill.

Sir George

Wheler's Bill.

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Hodie 1a vice lecta eft Billa, intituled, “An Act for "fettling and confirming feveral Exchanges, with Ralph "Earl Montagu, of feveral Lands and Common of "Simon Motton and others, lying in Gedington, in the "County of Northampton, for feveral Lands of the faid "Earl's lying near to the fame; and for confirming se"veral Agreements relating to the faid Exchanges.'

Who brought up a Bill, intituled, "An Act for "granting an Aid to Her Majefty, by continuing the "Duties upon Malt, Mum, Cyder, and Perry, for One "Year" to which they defire the Concurrence of this House.

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Wark & al.

The Lord Sommers reported from the Lords Com-Lord Grey A Meffage from the Houfe of Commons, by Mr. mittees, the Bill, intituled, " An Act for confirming Bill. Conyers and others: "the Execution of a certain Agreement, made between Ralph Lord Grey Baron of Warke, and Charles Lord Offulftone and the Lady Mary his Wife, touching cer"tain Manors, Lands, and Tenements, in the Counties "of Northumberland, Midd'x, and City of London "and also between Lawrence Earl of Rochester and the "faid Lord Grey, concerning other Manors, Lands, and "Tenements, in the faid County of Northumberland, "County Palatine of Durham, and Town of Berwick upon Tweed," as fit to pafs, with fome Amendments. Which were read Twice, and agreed to; and the Bill ordered to be engroffed, with the faid Amendments.

A Meffage from the Houfe of Commons, by Sir
Cyrill Wyche and others:

Who brought up a Bill, intituled, "An Act for
"vesting several Eftates, in the Counties of Cornwall and
"Devon, and feveral Leafehold Eftates, in Trustees,
"to be fold, for raising Portions for the Younger Chil-
"dren of George Lord Carteret deceased; and for lay-
ing out the Ŏverplus of the Money raised by fuch
"Sales in Purchase of other Lands;" to which they
defire the Concurrence of this Houfe.

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Hodie 1 vice lecta eft Billa, intituled, "An Act for "the better vefting in Giles Frampton Efquire, the "Manor and Farm of Moreton, alias Morton, and Hurst, "in the County of Dorfett, in Poffeffion; and for the "better fecuring the fame, and the other Manors, Farms, Meffuages, Lands, Tenements, and Hereditaments, late "of William Frampton Efquire deceased, to him the faid "Giles Frampton, and fuch as are entitled in Remain"der after him, upon the Death of Tregonnell Framp"ton Efquire."

The Earl of Winchilfea reported from the Lords Committees, the Bill, intituled, "An Act to enable Sir "George Wheler Knight, and Doctor in Divinity, to make "Leafes of feveral Houfes and Ground in Channon Row, "in Weftminfier," as fit to pafs, with fome Amend

ments.

Which were read Twice, and agreed to; and the Bill
ORDERED to be engroffed, with the faid Amendments.

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Widow; praying Leave to bring in a Bill, for the fettling
Upon reading the Petition of Dame Mary Ah Ah, Leave
of her Daughter's Fortune, by purchafing Lands there-
with; and fettling the fame on her, and her Iffue in
Remainder after her, as ufual in Cafe of Marriage
Settlements, if fhe have any Iffue, and not fubject to
the Control of Philip Packer her Husband, and fo as
the fame may not be any Ways liable to the Debts of
the faid Philip Packer, or his Father or Grandfather:

It is ORDERED, by the Lords Spiritual and Temporal
in Parliament affembled, That the Petitioner hath hereby
Leave given to bring in a Bill, as defired.

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urgent Occafions obliged her to go out of Town "before he had given Security to abide the Judgement "of this Houfe; and praying, that fhe may have Li"berty to alter the Date of the Decree, and give Se"curity by Two fufficient Perfons:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioner hath hereby Liberty to alter the Date of the Decree mentioned in her Appeal; and that Security fhall be taken by Two fufficient Perfons, for the Petitioner, as defired.

Dobfon

verfus Heine.

Ld. Mohun verfus

D. Hamilton.

Judges to attend.

Cary, Leave for a Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe will hear the Caufe wherein William Dobson is Appellant and Gilbert Hearne Refpondent, on Thursday the Twentieth Day of this Inftant January, at Eleven a Clock in the Fore

noon.

Gresham College, Improvement of, Bill.

Stribblehill

verfus Brett.

After reading the Petition of James Duke of Hamilton and Elizabeth Dutchefs of Hamilton his Wife; praying further Time for anfwering to the Appeal of Charles Lord Mohun, the Duke being fick, and not able to come to Town; this Houfe having formerly given further Time to the faid Duke for answering to the faid Appeal:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this House will peremptorily hear the faid Caufe, by Counfel, at the Bar, on Wednesday the Six and Twentieth Day of this Inftant January, at Ten a Clock in the Forenoon; and that, in the mean Time, the Duke and Dutchefs of Hamilton may anfwer to the faid Appeal, if they think

fit.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That all the Judges of Her Majesty's Court of Queen's Bench do attend this House on Friday next, at Ten a Clock in the Forenoon.

Upon reading the Petition of William Cary Efquire;

praying Leave to bring in a Bill, to veft the Manors of
Yeovilton, and other Lands in Cornwall (not comprized
in his Marriage Settlement) in Trustees, to be fold, for
Payment of a Mortgage and other Incumbrances; and
to enable the Petitioner to make Provision for his Younger
Children.

It is ORDERED, by the Lords Spiritual and Tem-
poral in Parliament affembled, That the Petitioner hath
hereby Leave given him to bring in a Bill, as defired.

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It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe fhall be put into a Committee, on Monday next, at Eleven a Clock, upon the Bill, intituled, "An Act for the better "enabling the Mayor and Commonalty and Citizens of "the City of London, and the Wardens and Com"monalty of the Mystery of Mercers of the faid City, to pay the Charities given by the laft Will and Tefta"ment of Sir Thomas Gresham ;" and that on that Day all the Lecturers of Gresham Colledge do attend, and that the Mayor, Commonalty, and Citizens of London, and the Wardens and Commonalty of the Mystery of Mercers of London, do give Order and take Care that the Books of the faid City, and the Books of the faid Mystery of Mercers, be laid before this Houfe, which relate to the Matters contained in the Bill, and the Charity of Gresham Colledge, on Saturday next, at Eleven a Clock in the Forenoon.

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Whereas, on Tuesday the One and Twentieth Day of Boucher & al. December laft, the Lord Steward reported from the Lords Committees, the Examinations of Boucher, and nations, to

their Exami

Ogleby and others, taken with them; which were be entered. read, and laid before Her Majefty; and the fame having

not been entered in the Journal of this House :

It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament affembled, That the faid Report
fhall be entered in the Journal of this House.

Which faid Report is as follows; (videlicet,)
"The Lords of the Committee, appointed to examine
"Boucher and others, thought it their Duty to proceed
"with all poffible Expedition in a Matter of fuch a
"Nature as could not but raife a great Expectation.

"They have accordingly proceeded to examine Mr.
"Boucher, who has been brought Three Times before
"them.

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"He confeffed to the Committee, That he ferved as a Major in Colonel Luttrell's Regiment, in the late King James's Army in Ireland; and that from thence "he went into France, and continued there till the last

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Winter; during all that Time, he ferved the Duke of "Berwick as Gentleman of the Horfe and as Aid de "Camp, and looked after all his Affairs till the Time "of his now coming for England; that he was offered a Commiffion by the Duke of Berwick a great while "fince, but declined it, and only ferved in the Armies as an Aid de Camp: He affirms, that, from the Time "he went to France, he never came back to England till the laft Year; particularly, that he was not in England with the Duke of Berwick in the late King's "Time; but was ordered by King James to meet the "Duke of Berwick at Calais, on his Return from Eng"land.

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Upon reading the Petition of Henry Brett and Richard
"That the laft Year he obtained a Pafs to come for
Brett, Refpondents to the Appeal of Frances Stribble-
bill; fhewing, "That the Petitioners have obtained
"England, procured for him by the Earl of Middleton,
"Two Verdicts at Law, on Two Trials at Bar; and, after
upon Pretence to bring over his Son to learn English;
"and left St. German's in January, and came down The
"Four Hearings of the Caufe in Chancery, the Ap-Loire, and by lile de Dieu and Bell Ifle, and
"pellant hath brought her Appeal into this Houfe, to
"which the Petitioners, have put in their Answers; and
praying a Day may be appointed for hearing thereof:

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It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe will hear the faid Caufe, by Counfel, at the Bar, on Friday the One and Twentieth Day of this Inftant January, at Ten a Clock in the Forenoon.

landed at Southampton in the open Day.

Boucher's:

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Captain
Ogilby's:

"for him by one O'Farrell, an Irish Priest; and that "the Packet Boat was taken by a French Privateer, and "carried into Oftend, from whence he returned to St. "German's.

"That he was prefent with the French Officers at the "Exchange of Prifoners in Flanders laft Campaign.

"That he left Saint German's on Tuesday or Wednef "day laft was Fortnight; had a Pafs to come for Eng"land, procured for him by the Earl of Middleton; and came by the Way of Diepe.

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"That his Daughter had a Pafs, to come over as a "Servant to Mr. Ogilby, with whom Boucher had not "been acquainted above Three Months before; and that "he and Ogilby, and the reft of the Prifoners, came over "in a French Boat, and were landed near Beachy.

"But he has refused to give the Committee an Ac"count of any Thing material which paffed at Saint "German's or elsewhere in France, during all the Time "he has been there, or which paffed during all the Time "he was in England the laft Year, or fince his Return "into France, till the Time he was apprehended; which "the Committee humbly fubmit to the Judgement of "the Houfe.

"The Committee also inform your Lordships, That they "have examined Captain Ogilby Twice.

"He faid, He was a Scotfman; and that the Ground "of his leaving France was by reafon of the Procla"mation of Indemnity in Scotland, which they heard "of about May laft; and thereupon the Scots generally left France.

"He faid, He went into France foon after the late "King James went first thither, and ferved in the "French Army in Catalonia; he carried Arms as a "common Soldier, and afterwards had a Commiflion as "a Reformed Captain; he ferved in Colonel Brown's "Company of Reformed Officers.

"That he went from France into Scotland, about "Eight or Nine Years fince, in Hopes of finding Fa"vour by Means of his Friends there, and was ex"amined before the Privy Council in Scotland, who "had nothing against him ; but he finding he could not "live peaceably there, nor be employed, because he "could not take the Oaths, he came into England, and "continued in London about Seven Months, and then "returned to France by the Way of Flanders.

"That, upon the making of the Peace, he had a "Penfion allowed him by King James, of Eight Hun"dred Livres; which, after King James's Death, was "reduced to Five Hundred Livres, and fince that, has "been leffened Fifty Livres.

"That, after his Penfion was reduced, he retired to "St. Valery, where he lived till about Three Months "fince, when he went to live at Diepe.

"That, about May laft, he went to the Court at Saint "German's, to folicit a Pafs to come for England, which "he could not then obtain; that feveral Scots Officers "went away from St. German's, upon the News of the "Proclamation of Indemnity.

"That, fome Time before his coming away from France, "he went to the Court a Second Time, to folicit a Pafs, "which he obtained; he stayed then about a Month at "Paris, and Twenty Days at Saint German's.

"He faid, That he chofe to come for England, though "he might have gone directly for Scotland, there be"ing feveral Scottish Ships at Bourdeaux; that another "Scottish Ship went from Havre to Scotland.

"That he thought to have found the Scottish Nobility "here, and hoped fome of them would have affifted "him to get fome Employment.

"He has mentioned to the Committee the Names of "feveral Perfons, who have been at St. German's, and "who have lately left France, and, as he apprehended,

may be come for England or Scotland; but the Com"mittee obferve to the Houfe, that what he fays as to "their leaving France, or coming for England, is not upon his own Knowledge.

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"The Committee humbly fubmit to your Lordships, "whether the Names of thefe Perfons, or what is faid "of them, fhould be now laid before the House, or "be tranfinitted to fome other proper Hands.

"The Committee do alfo acquaint your Lordships, "That he has informed them of feveral Perfons con"cerned in carrying on an unlawful Commerce between

France and England, and of feveral Matters relating "thereto, in which he is more certain and particular "than in the Matter before-mentioned.

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"

"The Committee alfo examined Mrs. Rebecca Ogilby, "the Wife of Captain Ogilby.

"She fays, She was married to him in England about Mrs. Ogilby's: "Nine Years fince; and that they lived in London together about Seven Months, when her Husband "went for France, whither the followed him, about "Six Years fince, and lived for fome Time at St. "German's; and from thence they went to live at St. "Valery; and about Three Months fince they went to "refide at Diep.

"She infifts upon it, that he knows nothing ma"terial to inform the Committee of.. "The

Godwin's.

Addrefs of H. C. complaining of this Houfe taking Exami nations of

with Criminal

"The Committee alfo examined one Scudemore" hath an undoubted Right, whenfoever they conceivefns chirged "Godwin, a Boy, who came over as a Servant to "it to be for the Safety of Her Majefty and the King-Alatteis. the other Prisoners. "dom, to take Examinations of Perfons charged with "Criminal Matters, whether they be then in Cuftedy

"He fays, He was taken Prifoner in The Truro-Mer"chant, an English Ship, where he was a Cabbin-boy; "and the Gentlemen who are now Prifoners got him "his Liberty, in order to come over with them as "their Servant; and he was promised that he fhould re"turn to his Miftrefs, one Godwyn, who lives in Lon"don, as foon as he came to that Place.

"The Committee acquaint your Lordships, That "Five Letters taken from the Prifoners, by the Meffengers, were tranfmitted to them by the Right Ho"nourable the Earl of Nottingham, of which the Com

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or not."

And afterwards ORDERED, That this Houfe fhall proceed further upon the Matter aforefaid To-morrow, at Twelve a Clock; and no other Bufinefs to intervene.

Dominus Cuftos Magni Sigilli declaravit præfens Par- Adjourn, liamentum continuandum effe ufque ad et in diem Jovis, decimum tertium diem inftantis Januarii, hora undecimá Aurora, Dominis fic decernentibus.

"mittee did not fee any Ufe could be made; and they DIE Jovis, 13° Januarii.

"humbly fubmit it to the Houfe, whether the Letters "fhould not be returned to the Earl of Nottingham.

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"The Committee alfo inform your Lordships, That, upon fearching the Trunks and Portmanteaus of the Prifoners, they found feveral other Papers; and, "amongst them, a Letter without a Direction, and "without any Name fubfcribed: Captain Ogilby has "informed the Committee from whom he had it, and "to whom he was to convey it. The Committee defire "to know your Lordships Pleasure what fhall be done "with that Letter; as alfo with another Letter, which "Boucher had in his Pocket, and faid he received from "a Chaplain in the Army.

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Conspirators Rutland.

&c.confidered.

Lord's declare

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And, after Debate thereupon, the House came to this Refolution; (videlicet,)

"It is Refolved and Declared, by the Lords Spiritual their Right to "and Temporal in Parliament affembled, That, by the take Examina-known Law and Custom of Parliaments, this House VOL. XVII.

tions of Per

Domini tam Spirituales quam Temporales præfentes

Arch. Cant. Epus. London. Epus. Roffen. Epus. Sarum. Epus. Ceftr. Epus. Elienf. Epus. Norwic. Epus. Lincoln. Epus. Ciceftr. Epus. Oxon. Epus. Bangor. Epus. St. Asaph.

4 Z

fuerunt:
Ds. Cuftos Magni
Sigilli.

Ds. Godolphin, The-
faurarius.
Comes Pembroke,
Præfes.
Dux Buckingham,

C. P. S.

Dux Somerfet.

Dux Richmond.

Dux Southampton.

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Dux Northumberland. Ds. Vaughan.

Dux St. Albans.

Dux Marlborough. Comes Lindfey, Magnus Camerarius. Comes Carlisle, Marefcallus.

Comes Jersey, Ca

merarius. Comes Kent. Comes Derby.

Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham:
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Offulfione.
Ds. Dartmouth:
Ds. Guilford.

Ds. Cholmondeley:
Ds. Afhburnham.

Comes Bridgewater. Ds. Wefton.
Comes Leicester.
Ds. Haverfham.

Ds. Gernsey. Ds. Gower. Ds. Conway.

Comes Northampton. Ds. Sommers.
Comes Manchester.
Ds. Halifax.
Comes Rivers.
Ds. Granville,
Comes Peterborow.
Comes Stamford.
Comes Winchilfed.
Comes Kingston.
Comes Carnarvon.
Comes Sunderland.
Comes Scarfdale.
Comes Effex.
Comes Anglesey.
Comes Feverfham.

Comes Radnor.
Comes Berkeley.
Comes Nottingham:
Comes Rochefter.
Comes Abingdon.
Comes Holdernesse

Comes Portland.
Comes Torrington.
Comes Scarbrough.
Comes Warrington:
Comes Bradford.
Comes Romney.
Comes Orford.

Viscount Townshend.
Viscount Weymouth.

PRAYERS.

1

Sir John Aftley's Bill,

Holworthy, Leave tor a Bill.

Lamplugh, Leave for a Bill.

Farmer, Leave for a Bill.

Boifroud & al. Nat. Bill.

Shelton, Recognizance for Scott.

Bowyer

verfus Halts

Symmes et al.

verfu:

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Upon reading the Petition of Edward Scott, praying, "That Richard Shelton may enter into Recognizance "for him, upon his Appeal depending in this Houfe ; "he being very aged, and One Hundred Miles from "London :"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Richard Shelton may enter into a Recognizance for the faid Edward Scott, as defired.

Upon reading the Petition and Appeal of James Bowyer and Elizabeth his Wife, from an Order of the Court of Chancery, of the Ninth of April One Thoufand Seven Hundred and Three, on the Behalf of Robert Halts; and praying the Reversal of the said Order, as to what is alledged in the said Appeal:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Robert Halts may have a Copy of the faid Appeal; and fhall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Seven and Twentieth Day of this Inftant January, at Eleven a Clock in the Forenoon.

Upon reading the Petition and Appeal of Richard E. of Bristol Symmes Efquire, Katherine Stocks Widow, John Coggs Citizen and Golfmith of London, and John Blow Doctor of Mufic, and Mary Mafters, the furviving Executors of

et al.

Roger Hewett Gentleman, deceased, Creditors by Judgement of Sir William Baffett, late of Claverton, in the County of Somerfett, Knight, deceafed, on Behalf of themselves, and fuch others who fhall take the Benefit, and contribute towards the Charges thereof, from a Decree made in the Court of Chancery, about the Third Day of July One Thoufand Six Hundred Ninety-feven, in, certain Caufes, wherein the Earl and Countess of Bristol, and feveral others, were Plaintiffs; and praying,

That the faid Decree, as to the poftponing the l'e"titioners Judgements, in respect of the Mortgages "which are fubfequent in Time to thofe Judgements, "may be reverfed; and that the Petitioners may be let "in, to have Satisfaction of their faid several Judgements, "out of the Estate of the faid Sir William Bajett, and "the Monies raised by Sale thereof, according to the "due and legal Courfe of Payment of Debts and In"cumbrances; and that the fame may take Place ac"cording to their refpective Priorities, and be paid "and fatisfied before fuch Mortgages as thall appear "to be fubfequent in Time to the Petitioners faid Judge

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ments; and the faid feveral other Creditors, who "have Mortgages, or other Securities, fubfequent in Time to the Petitioners Judgements:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Earl and Countess of Bristol, and the other Mortgagees, Judgement or other Creditors, who claim the Benefit of the faid Decree made in the faid Caufes below, may have a Copy of the faid Appeal; and fhall and they are hereby required to put in their Anfwers thereunto, in Writing, on Thursday the Seven and Twentieth Day of this Inftant January, at Eleven a Clock in the Fore

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