be heard against it. Comes Romney. Viscount Townshend. Their Lordships, or any Five of them; to meet Hodie 2a vice lecta eft Billa, intituled, " An A&t for "Sale of fome Part of the Eftate of John Holden "Gentleman and Robert Holden his Son, for Payment "of their Debts, and for difpofing Younger Children 66 Apprentices." ORDERED, That the Confideration of the faid Bill be referred to the Lords Committees above-named; who are to meet at the fame Time and Place. Hodie 3 vice lecta eft Billa, intituled, " An Act for The Question was put, "Whether this Bill shall 66 It was Refolved in the Affirmative. wick's Bill The Earl of Manchester reported from the Lords Com- E. of War A Meffage was fent to the House of Commons, by Sir "Minority, to make Leafes of feveral Meffuages in or To carry down the faid Bill, and defire their Concurrence thereunto. The Earl of Rochester reported from the Lords Committees, the Bill, intituled, " An Act for making fome "Provision for, and fettling the Fortune of, Anne Packer, "in Trustees, for the Purposes therein mentioned," 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. Mr. Packer to Upon reading the Petition of Philip Packer Efquire; fhewing, "That he, having contracted and folemnized "Marriage with Anne Afb, is thereby become entitled to "her whole Perfonal Estate, and is by Law invested with "the Care and Government of her Perfon; and that a "Bill is now depending, intituled, " An Act for making "fome Provifion for, and fettling the Fortune of, Anne "Packer, in Trustees, for the Purposes therein menti"oned;" which, if paffed into an Act, would diveft him "of the Care of her Perfon and Estate;" and praying he may be heard, by his Counsel, at the Bar, before the faid Bill do país: 66 Minority; and the Money raised thereby, to be ap"plied for Payment of Debts, Annuities, and Lega"cies: That he was ready to make a Report of their Lordships Proceedings upon the faid Bill." 66 Fermor's Bill: Meffage to H. C. with it. Lamplugh's Message to Baefh verfus Moore. Hundred of verfus Willan, in Error. Adjourn. 66 Hodie 3a vice lecta est Billa, intituled, « An Act for DIE Martis, 80 Februarii. fetting afide a voluntary Settlement, made by Mary The Question was put," Whether this Bill shall It was Refolved in the Affirmative. The House being moved, by the Confent of all Parties, "That a further Day may be allowed for Richard Hinde "to anfwer, and for hearing the Caufe:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Richard Hinde hath hereby Time allowed him for anfwering to the faid Appeal, on Thursday the Tenth Inftant, at Eleven a Clock in the Forenoon; and that this Houfe will hear the faid Caufe, by Counsel, at the Bar, on Thursday the Seventeenth Day of this Inftant February, at Ten a Clock in the Forenoon. Mercurii, 5° die Aprilis, 1704, hitherto examined by us, STAMFORD. SUNDERLAND. PAGETT. SOMERS. HALIFAX. Domini tam Spirituales quam Temporales præfentes Arch. Ebor. Epus. London. Epus. Winton. Epus. Worceftr. Epus. Sarum. PRAYERS. Ds. Wefton. Ds. Harvey. Admiralty Papers deli the Door, was called in; and, at the Bar, delivered fe- vered. Mr. Burchet, Secretary to the Admiralty, attending at veral Papers from the Admiralty; (videlicet,) 1. "A List of Her Majefty's Ships in Sea Service, the "ift of November 1703, with their Complements of "Men, and how they were employed." 2. "Ditto, on the First of February 1704." 3. "Copy of a Letter from the Principal Officers "and Commiffioners of the Navy, giving an Account "House of Peers, in the present State of the Repair of "of what Orders they have fent, towards fatisfying the "the Navy in Harbour; and for how many Ships, from "the First to the Fifth Rate, they have Boatswains and Carpenters Stores for Eight Months." 66 4. "Diftribution of Victuals, at the feveral Ports, for "the Year 1694, according to the Declaration." 66 5. Copy of the Memorial prefented to His Majefty, "the 1ft of November 1699, by the then Lords Com"miffioners of the Admiralty, touching the Navy." 7 6. " Vice Dover Har bour Bill. "7th June. To take the faid Five additional 8. "7th June, 1703. Empowering him to call at 9. Viscount Town- Ds. Gower. Their Lordships, or any Five of them; to meet on A Meffage from the Houfe of Commons, by Mr. Meffage from Halfey and others: Who brought up a Bill, intituled, " An Act to charge "the Estate of Ambrofe Andrews Gentleman with Monies "for Payment of Debts; and for fupplying fome De "fects in the Settlement of the faid Eftate, for making a Jointure and Leafes upon the faid Estate;" to which they defire the Concurrence of this House. 66 H. C. with a Royton and Upon reading the Petition of the Gentlemen and Inhabitants of Landholders of Dudfton and King's Barton, and of the Gloucefter feveral Parishes leading from Birdlip to Gloucester, in the vers "8th June. To take The Tartar under his Com- County of Gloucefter; praying to be heard, by their Caxton Higb "mand, in Addition to his Squadron." Counsel, against a Clause, or Claufes, in the Bill, inti- ways Bill. tuled, "An Act for repairing the Highways between "Royton and Caxton, in the County of Cambridge, † and "for the better enforcing the repairing the Highway "from Birdlip, and the Top of Crickly Hill, in the County of Gloucester, to the City of Gloucester :" 10. " 17th June. Empowering him to take fome II. " 22d June. To take The Litchfield and Win- It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioner shall be heard, by his Counfel, as defired, on Friday next, at Twelve a Clock. The Earl of Rochefter reported from the Lords Committees, the Bill, intituled, " An Act for vefting the "Manor of Yeovilton, in the County of Somerfet, and "other Lands therein mentioned, of William Cary Elquire, in Trustees, for discharging Incumbrances, and making Provifion for his Younger Children," as fit to pafs, with fome Amendments. 66 66 Which were read Twice, and agreed to. Then, it being propofed, "That the faid Bill be It is ORDERED, That the faid Bill be re-committed A Meffage from the Houfe of Commons, by Mr. Who brought up a Bill, intituled, "An Act to veft The Earl of Peterborow reported from the Lord "The Earl of Nottingham had an Account of fome Designs of an Infurrection in Scotland, to be fupported "with Money, Arms, and Men, from France; with which "he acquainted Her Majefty; who, having received fome Informations of the like Kind from the Duke of Queenfberry, commanded him to communicate thefe "Matters to his Grace, that, by comparing them to 66 gether, Her Majefty might the better judge of them. "This the faid Earl did; and his Grace faid, " The Ac"counts he had received were much of the fame Kind;" "and added, " that his Informer was come from France, "but his Name he was obliged to conceal, and was fo "forward and zealous in doing Service to Her Majefty, "that he was willing to go again into France, and to "fend from Time to Time, or even to bring, Intelligence "of the further Progrefs of the French Defigns, with "which he was fure he fhould be trufted, as he had "been formerly." And his Grace faid," He accordingly 66 defigned to fend him;" which the Earl of Nottingham "approved; and acquainted Her Majefty with this Con"verfation with the Duke of Queensberry. "The Earl of Nottingham had an Account, that Sir "John Macleane, with others, were in Cuftody at Folkston, as coming out of France without Leave; and the fame Day the faid Earl had a Letter, as had alfo the Earl Nov. 10. "of Cromerty, from Sir John Macleane," that, at his 1703. landing, he had furrendered himself; and defiring that "he might be brought before the Earl of Nottingham, to give Account of his coming;" and that he intended "fo to do, appears by a Letter from Monfieur Pigault "to the Mayor of Folkfton, N° 1. "But being told, "That though this was a very fpe- It is ORDERED, by the Lords Spiritual and Temporal" 66 "The Queen commanded the Earl of Nottingham to "acquaint the Duke of Queensberry with what Sir John "Macleane had discovered; who thereupon told the said "Earl, "That this Frazer was the Man who had disclosed 66 to his Grace fome Matters of this Nature, with which "he had acquainted the Queen; but he had not told Her Majefty the Perfon's Name, being under a folemn Engagement to conceal it: That this Frazer was brought to him by the late Duke of Argyle and the Earl of "Leven, who were privy to all his Proceedings with him: That Frazer was gone to France, and had pro"mised to fend his Grace an Account of all the French with the Duke "Designs, and would come back whenever any Thing of Queensberry" of Moment happened, or that his Grace fhould require him." Whereupon the Duke of Queensberry was defired to call him back, for he was more likely "to do Harm than Good by any Intelligence that could "be expected from fo ill a Man. Note, That Frazer's Tranfactions are more fully contained in the Papers N° 14, 15. "Afterwards, the Duke of Athol having got Informa"tion that the Duke of Queensberry had fome Commu"nication with Frazer in Scotland, and that Frazer was 66 gone into Holland by a Pafs under feigned Names, "he asked the Earl of Nottingham," Whether he had not "granted a País, about the 13th of November, to Campbell, "Monroe, Dickenson, and Forbes?" Which, upon Search, "the faid Earl found he had, and at the Defire of the "Duke of Queensberry. And then the Duke of Athol "told the faid Earl," That Frazer was gone by virtue of "that Pafs; that, while he was here, he lodged at the "House of Thomas Clarke, an Apothecary, who had re"ceived the Pafs from Mr. Campbell, and carried it the "fame Day to Frazer, who was gone that Morning to "Gravefend." And, upon Inquiry of the Duke of Queens"berry, the faid Earl found that Frazer did go away "under One of thofe Names. ་ "Upon this, the Earl of Nottingham fent for Mr. Campbell and Thomas Clarke; which laft, upon his First "Examination, would own no more than what is con"tained in his Affidavit No 6. "But the Duke of Athol having told the Earl of "Nottingham the Ways by which Letters were con"veyed to and from Frazer, and by that Means the "faid Earl having intercepted feveral Packets from Fra"zer directed to Thomas Clarke: "Clarke was again examined; and then owned, "That "he had a Letter from Holland, fubfcribed Smeaton, "which he burnt; and enclosed in that Letter were "Two directed to Mr. Campbell and Mr. Hill, who both "called for their Letters; that he had fent a Letter "from Mr. Campbell, directed to Smeaton, under a Cover "to Neerinx, at Rotterdam, which were the Directions "fent him by Smeaton in the Letter he received from "him." And further faid, "That the Perfon called Uncle "in One of Smeaton's Letters is Mr. Ferguson." He de"nied he ever had any Letters for others than Campbell "and Hill; but afterwards, upon another Examination, "he owned he had fent One from Ferguson to Smeaton. "And, upon a Third Examination, he defcribed the "Person who came for the Letter directed to Hill to be "a thin Man, and to be the Perfon himself meant by "Hill. And Mr. Campbell having faid, "that Clarke told "him he had a Letter for Mr. Keith;" Clark afterwards "owned, that he had delivered the Letter directed for "Hill to Mr. Keith, and avowed it to Keith's Face "when they were confronted, and that he had feen VOL. XVII. "Mr. Keith Ónce or Twice with the Captain (for fo "he faid Frazer was always called); but denied that he "ever faw any other Perfon with him at the fame Time "that Keith was there. "To proceed in what relates to Clark. Campbell faid, ""That Frazer affured him, that he had told Clark all "Designs with the Court of France; that Campbell him"felf had delivered to Clark Frazer's Commiffion, figned 66 fays, it is the Wales's Hand, 7. R. together with the Picture of the pretended Prince "of Wales, fealed up; but he told Clark what was un"der that Cover." Clark denied he knew of any fuch "Commiffion; whereupon Campbell writ a Letter to Clark, "N° 7, to deliver to the Earl of Nottingham the Com-N. B. Lindsay "miffion he left with him. Clark owned he had re-pre ended "ceived a Packet, but knew not what was contained Prince of "in it; and being weighty, he did not carry it Home, and alfo Lord "but gave it to one Thompson a Pike-maker; who, be- Middleton's; "ing fent for, brought the Packet, and made Oath he and that the "received it from Clark; and in this Packet was a in the Hu"Commiffion to Lovat to be a Colonel, figned James R. wing of Nairn, Clerk "and counter-figned Middleton, and dated February "1703, and the Picture of the pretended Prince of Caroll. Wales; and Campbell again declared to Clark, being "confronted, "That he had told Clark both of the "Commiffion and Picture, upon the Delivery of the "Packet to him." 66 Commiffion is 0 ? : Loru vernment, by giving and bringing Intelligence of the "French Designs." But not giving any Account that "was fatisfactory of his Tranfactions with Frazer here, "he was detained in a Meffenger's Hands, in order to a farther Examination; and afterwards, the before" mentioned Letters being intercepted, of which feve"ral were directed to him, he owned, "that Frazer had "bid him to write to him by the Name of Smeaton, "under Cover to Neerinx; and that he had writ One "Letter fo addreffed, by the Duke of Queensberry's "Order, to ftay at Rotterdam for the Duke's farther "Directions; but denied he had ever received any Let-"ter from Frazer before he came first to the Earl of "Nottingham; that he communicated all this to the "Duke of Queensberry; that he afterwards writ a Se"cond Letter, which he fent by Clark, to tell Frazer "that Sir John Macleane was come." He faid, " He had "received a Letter by Clark from Frazer, with one en- The Copy of "closed to the Duke of Queensberry, which he deliver- this is naked "ed." But, being asked for the Letter, he faid, "He had "burnt it, because it contained Reflections on great "Men." And being asked, "If He had fhewn it to the "Duke of Queensberry?" He answered, "No; but he "had told him, it was about Money; that Lovat had writ "for the Payment of it; and that the Money which "Frazer had, was returned by Corbufier." He faid, "That whenever he spoke of Frazer to Clark, he "called him Smeaton; and that he had feen Clark, Keith, "and Ferguson, in Frazer's Company, but not at a "Time; but he never told the Duke of Queensberry, that he had met thefe Perfons with Frazer; and he "owned a Copy of a Letter he had writ to Frazer, "N° 7, to tell him all was discovered here, which, he "faid, he did, because Frazer fhould take Care of him"felf in France, left he fhould be deftroyed; but, "in the fame Letter, he ordered Frazer to change the "Addrefs of his Letters." "After this, he was again called for, and examined; "having defired that the Duke of Queensberry and Lord "Cromerty might be prefent; and, after having asked, ""Whether he fhould have his Life and Liberty here and |