House of Lords Journal Volume 14: 4 July 1689

DIE Jovis, 4 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis de Halyfax Speaker pro Tempore.

Captain Vaughan, Capt. Mole, and Dr. Elliot, at the Bar.

This Day being appointed for the Persons impeached by the House of Commons of High Treason, and other high Crimes and Offences, to be brought to the Bar, to have their Charge of Impeachment read unto them:

Who being come; they were sent for in.

The Keeper of Newgate brought to the Bar, Captain Henry Vaughan, Captain Fredericke Mole, and John Elliot Doctor of Physic, these only being in his Custody; who kneeled at the Bar.

And the Marquis of Halyfax Lord Privy Seal, Speaker pro Tempore, told them, "That they stood impeached by the House of Commons, in the Name of all the Commons of England, of High Treason and other high Crimes and Offences; and that the Articles of Impeachment should be read unto them; and bid them stand up."

Their Impeachment read.

Then the Clerk read the said Articles of Impeachment.

Which being ended, the Speaker asked Captain Henry Vaughan, "What he had to say for himself?"

He desired, "That he might have a Copy of the Articles of Impeachment, and Time to answer, and Counsel allowed him, and his Wife and Friends to come to him."

Then Captain Fredericke Mole was asked by the Speaker; "What he had to say for himself?"

He said, "He was a Stranger to the Laws of this Country; desired the same as Captain Vaughan did."

Then John Elliott Doctor in Physic was asked by the Speaker, "What he had to say for himself?"

He desired the same as Captain Vaughan had done.

Then they withdrew.

The House taking their Desires into Consideration;

Then they were called in again, and kneeled at the Bar until they were bid stand up.

And the Speaker said,

To have Copies of their Charge, Counsel, &c.

"That the Lords had considered of their Desires; and had ordered that they should have a Copy of their Charge, of Articles of Impeachment, and Counsel allowed them, such as they should name (then Captain Henry Vaughan did name those in the following Order), and their Friends allowed to come to them; and that they stood committed to the Prison of Newgate by Order of this House."

Then they withdrew.

Whereas Captain Henry Vaughan, Captain Fredericke Mole, and Doctor John Elliott, now Prisoners in Newgate, were this Day brought to the Bar, being impeached by the House of Commons of High Treason and other High Crimes and Offences; and there heard the Articles of Impeachment read to them:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Captain Henry Vaughan, Captain Fredericke Mole, and Doctor John Elliott, may have a Copy or Copies of the said Articles of Impeachment; and they be, and are hereby, required to put in their Answer, or respective Answers, thereunto in Writing, at the Bar of this House, on Friday the Twelfth Day of July Instant, at Ten of the Clock in the Forenoon: And it is further ORDERED, That Mr. Serjeant Pemberton, Mr. George Bradbury, Edward Ward, Vernon, and Anderton, Esquires shall be allowed to be of Counsel for them; and that their Wives, Friends, and Counsel, may have Access to them, so as the Keeper of Newgate do give this House an Account of the Names of such Persons as shall come to each of them respectively.

Re-committed to Newgate.

Whereas Captain Henry Vaughan, Captain Fredericke Mole, and John Elliott Doctor in Physic, have appeared this Day at the Bar, to hear the Articles read, whereby they, together with Sir Adam Blair and Robert Gray Doctor in Physic, are charged upon Impeachment of High Treason and other high Crimes and Offences:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Captain Henry Vaughan, Captain Frederick Mole, and John Elliott Doctor in Physic, shall stand committed to the Prison of Newgate, there to be kept in safe Custody, in order to their Trials; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of the Prison of Newgate, his Deputy and Deputies, and every of them.

Carter discharged.

Upon reading the Petition of Richard Carter; shewing, "That he being attached for disobeying an Order of this House; and humbly submitting himself to the House, and acknowledging his Fault:"

It is thereupon ORDERED, That the said Richard Carter be, and is hereby, discharged from his present Restraint, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Pilkington versus Regem, in Error.

This Day the Lord Chief Justice of the Court of King's Bench brought in the Transcript of a Writ of Error, wherein Pilkington is Plaintiff, and the King is Defendant.

College of Physicians, Bill.

The Lord Paget reported, "That the Committee have considered the Bill for regulating the College of the Physicians of London."

After hearing all Persons concerned therein, they have made some Amendments therein, which they offer to the Consideration of the House.

Which Amendments were read Twice, and Agreed to; and the Bill is ordered to be engrossed, with the Amendments.

D. of Grafton versus L. C. Justice Pollexfen.

Upon Report from the Lords Committees for Privileges, upon the Petition of the Duke of Grafton, being referred to them, to examine and consider whether the Order of the 13th of June last, concerning the Office of Keeper of the Records in the Common Pleas, hath been observed by the Lord Chief Justice Polexsen or not, "That their Lordships are of Opinion, That the Lord Chief Justice Polexsen hath done nothing in Compliance to the said Order of the House; and that they are also of Opinion, that Mr. Mills, Deputy to the Lord Chief Justice, hath broke the Privilege of the House and of the Duke of Graston:"

After Consideration thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate hereof be, and is hereby, put off, until To-morrow, at Ten of the Clock in the Forenoon.

Arnold versus Arnold.

Whereas this Day was appointed for hearing the Cause, wherein Richard Arnold is Plaintiff, and Anne Arnold and others Defendants:

It is ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday next, at Ten of the Clock in the Forenoon.

L. C. Baron Atkins versus Commissioners of Great Seal.

Whereas this Day was appointed for hearing the Complaint of Breach of Privilege of Sir Robert Atkins, against the Lords Commissioners of the Great Seal, and the other Judges therein concerned:

It is ORDERED, That this House will hear the said Complaint, by Counsel on both Sides, at the Bar, To-morrow, at Ten of the Clock in the Forenoon.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 5^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.