House of Lords Journal Volume 22: April 1723

April 1723

DIE Martis, 2^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Teynham takes the Oaths.

This Day Henry Lord Teynham came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament; to the Truth whereof, Witnesses were sworn and examined.

Bucks and North'ton Highways, to repair, Bill:

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act, passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and for repairing the Road from the North Bridge of Newport Pagnel, in the County of Bucks, to the said Horseshoe House," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act, passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and for repairing the Road from the North Bridge of Newport Pagnel in the County of Bucks, to the said Horseshoe House."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Godfrey and Mr. Lightboun:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Edinburgh, Duty on Beer, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Term granted by an Act, made in the Third Year of His Majesty's Reign (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there); and for making the said Act more effectual."

And, after some Time spent therein, the House was resumed.

And the Lord Delawar reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Lords of Manors to recover their Fines, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases."

And, after some Time spent therein, the House was resumed.

And the Lord Delawar reported from the said Committee, "That they had gone through the said Bill, and made several Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received on Thursday Morning next.

Gloucester Highways to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and the Lords to be summoned.

Gower's Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of the Manor of Queenhill, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire and of John Gower his Son, deceased; and for discharging other the Lands late of the said John Gower from such Debts," was committed, be revived; and meet on Thursday Morning next.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein James Macartney Senior Esquire and others are Appellants, and Richard Arundell, alias Bellings, Esquire, and others, are Respondents, et è contra:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 4^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return the Dukes of Montagu and Manchester's Bill; and the E. of Macclesfield's and D. of Kingston's Bill.

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

To return the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu, and William Duke of Manchester, and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the said Duke of Montagu;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

With a Bill, intituled, "An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for compleating the Sale of the Manors of Croxton, alias Croxden, and Great Yate, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston (Lord Privy Seal), in the County of Stafford; and ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and for charging One Annuity, given to the Poor of Croxton aforesaid, wholly upon the said Estate; and discharging the same Estate from other Annuities given to the Minister and Poor of Tong, in the County of Salop, by a Deed and Will of Gervas Lord Pierrepont, deceased, and thereby charged upon his Estates in the Counties of Salop and Stafford;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Edinburgh Duty on Beer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer, sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there); and for making the said Act more effectual."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Godfrey and Mr. Lightboun:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Baring's Nat. Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Baring," was committed, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Redeemable Annuities, to transfer, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same."

Ordered, That the said Bill be read a Second Time To-morrow.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein James Macartney Senior Esquire and others are Appellants, and Richard Arundell, alias Bellings, Esquire, and others, are Respondents; et è contra:

And the House being moved, "That the Hearing thereof may be put off for some Time, in regard the Counsel cannot then attend:"

And thereupon the Solicitors on both Sides were called in.

And consenting thereto:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that the other Causes be removed in Course.

Call of the House adjourned.

Ordered, That the Call of the House, which was appointed for this Day, be further adjourned to this Day Sevennight.

Lords of Manors to recover their Fines, Bill.

The Lord Delawar (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases," was committed; the Amendments made by the Committee to the said Bill.

Which were read, as follow:

"Press 1st, Line 2. Leave out ["whether"], and insert ["concerning"]; and in the same Line, after ["the"], insert ["Power of"]."

"L. 4. Leave out ["can lawfully"], and insert ["to"]; and in the same Line, leave out ["as forfeited"].

"L. 6. Leave out from ["Manors"] to ["Neglect"] in the Eighth Line, and insert ["on the"]; and in that Line, after ["Refusal"], insert ["of Persons"].

"L. 9. Leave out ["to"], and insert ["Tenants of"]; and in that and the Tenth Line, leave out ["after Proclamations made for that Purpose in the Courts of the said Manors"], and insert ["therefore"].

"L. 11th. Leave out from ["and"] to ["for"], in the Thirteenth Line.

"L. 15. Leave out the Second ["the"]; and in the same and Sixteenth Line, leave out ["for the Recovery of their Fines in such Cases"], and insert ["to compel the Admission of their Tenants"].

"L. 21. After ["that"], insert ["where any Person or Persons, being under the Age of One and Twenty Years, or Femme and Femmes Covert, shall"].

"L. 23. Leave out from ["Twenty-three"] to the End of the Bill; and insert ["be entitled, by Descent, or Surrender to the Use of a last Will, to be admitted Tenant or Tenants of any Copyhold Messuages, Lands, Tenements, or Hereditaments, within England or Wales; that such Person or Persons, notwithstanding Infancy or any other Impediment, shall, by themselves, or by their Guardian, next Friend, or Attorney, appear at One of the Three Courts of the Manor, whereof such Messuages, Lands, Tenements, or Hereditaments, are Parcel, to be held next after the said Twenty-fourth Day of June, or next after their Title accrued to such Admission, usual and reasonable Notice being given of the keeping of such Courts; and then and there, either in Person, or by Guardian, next Friend, or Attorney, be admitted Tenant or Tenants; and, in Default or Neglect thereof, the Lord of such Manor shall seize into his Hands such Copyhold Messuages, Lands, Tenements, or Hereditaments, and take the Profits thereof unto his own Use without rendering any Accompt for the same, until the Person or Persons entitled to such Admission shall come in, either in Person, or by Guardian, next Friend, or Attorney, be admitted Tenant or Tenants."

After which, add Clauses marked (A.) and (B.)

"(A.) Provided always, That where the Person to be admitted Tenant cannot, by reason of Infancy or other legal Impediment, perform the Service to be done by him in proper Person; that, in such Case, the Performance of such Service shall be respited till the Impediment of such Person be removed.

"(B.) Provided also, That nothing in this Act contained shall alter or destroy the particular Customs of any Manor whatsoever."

Then the said Amendments to the Twenty-first Line of the First Press, being read a Second Time by the Clerk, were severally agreed to.

And the Amendment in the Twenty-third Line of the said Press, to leave out from ["Twenty-three"] to the End of the Bill, being also read a Second Time; the same was objected to.

And Debate thereupon:

It is Ordered, That the further Consideration of the said Report be adjourned to Tuesday next; and the Lords to be summoned.

M^cawly versus M^cawly:

Upon reading the Petition and Appeal of Daniel M^cawly; complaining of several Orders of the High Court of Chancery in Ireland, of the Twenty-third of June and the Sixteenth of November 1719, the Sixteenth of November and Twenty-second of February last, in certain Causes, wherein Alexander M^cawly was Plaintiff, and the Petitioner and Francis M^cawly were Defendants, and wherein the Petitioner was Plaintiff, and the said Alexander and Francis M^cawly were Defendants; and praying, "That the said Orders, and all Proceedings thereupon, may be reversed, and the Petitioner's Bill retained:"

Appeal rejected.

It is Ordered, That the said Appeal be, and is hereby, rejected.

No more Appeals to be received this Session.

Ordered, and Declared, That this House will receive no more Appeals this Session of Parliament.

Thompson et al. versus Hathorn et al.

The House being moved, "That Robert Cowper Gentleman may be permitted to enter into a Recognizance for Dame Margery Thompson Widow and others, on Account of their Appeal depending in this House, to which Hugh Hathorn, Margaret his Wife, and others, are Respondents; the Appellants residing in Scotland:"

It is Ordered, That the said Robert Cowper may enter into a Recognizance for the said Appellants, as desired.

Cole et al. Petition for a Bill, rejected.

A Petition of Henry Cole, Stephen Cole, James Cole, Sarah Cole, and John Dawson, Executors and Trustees named and appointed in and by the last Will and Testament of James Cole, late of Twickenham, in the County of Middlesex, Brewer, deceased, for and on the Behalf of themselves, and Stephen Cole, Leonard, John, Edward, Thomas, Elizabeth, and Mary Cole, Seven of the Younger Children of the said James Cole deceased, Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, for compleating the Contract or Agreement made with Thomas Bennet Esquire, touching the Sale of a certain Messuage and Farm, in the Parish of Horsham, in the County of Sussex, notwithstanding the Infancy of the Seven Younger Children of the said Testator, was presented to the House, and read.

And ordered to be rejected.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Redeemable Annuities, to transfer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Bp. Rochester's Petition, complaining of Violence being used in searching him in The Tower.

A Petition of Francis Bishop of Rochester, Prisoner in The Tower, was presented to the House, and read; setting forth, "That, on Thursday the Fourth Instant, about Three a Clock in the Afternoon, Colonel Williamson, Deputy Lieutenant of The Tower, attended by Mr. Serjeant the Gentleman Porter and by Two Warders, came up to the Petitioner's Room, while he was at Dinner; and, having put his Two Servants under the Custody of Warders below, told the Petitioner, "He must search him." The Petitioner asked him for his Warrant. He answered, "He had Authority from the Ministry; affirming it upon his Salvation;" but the Petitioner refused to be searched till he shewed it. He then said, "He had a verbal Order;" but refused to say from whom. The Petitioner told him, "If it were verbal only, it did not appear to him, and he would not be searched." He endeavoured nevertheless to search the Petitioner's Pockets himself by Force; but the Petitioner wrapped his Morning Gown about him, and would not suffer him till he shewed his Warrant; which the Petitioner demanded Five or Six Times to no Purpose. He then ordered the Two Warders attending to come to the Petitioner, and do their Duty; and One of them laid Hands upon him, and began to use Violence; and though the Petitioner knocked and called often for his Servants, Colonel Williamson said, "They should not, nor were they permitted to come near him." Upon this, the Petitioner submitted; and they took every Thing out of his Pockets, and searched his Bureau and Desk, and carried away with them Two Seals. They seized also a Paper in the Petitioner's Pocket; but that being a Letter to his Solicitor, about the managing of his Cause, which the Petitioner thought they could have no Pretence to seize, while he was under the Protection of Parliament; he took it again from them, and tore it; but they carried a Part of it along with them. They searched also his Two Servants below, and took away a Seal from One of them; and those Servants likewise demanded their Warrant, but they had none to produce. The Petitioner therefore, as a Lord of Parliament, though under Consinement, humbly prays, That their Lordships would be pleased to take these Matters into serious Consideration, and grant him such Relief and Protection as their Lordships shall judge proper, against such unprecedented, illegal, and insolent Usage."

Motion for the Deputy Lieutenant, Gentleman Porter, &c. to attend.

And thereupon a Motion was made,

And the Question was put, "That Colonel Williamson the Deputy Lieutenant of The Tower of London, Mr. Serjeant the Gentleman Porter there, the Two Warders who attended Colonel Williamson Yesterday in the Apartment of the Bishop of Rochester, Prisoner in The Tower of London, and the Two Servants of the said Bishop attending his Lordship, do attend, at the Bar of this House, immediately, to give an Account of the Matters mentioned in the said Petition."

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient,

"1st, Because the Petitioner, as a Lord of Parliament and Member of this House, though no Peer of the Realm, hath an unquestionable Right, under all Circumstances, to the Justice and Protection of this House, against any Persons whatsover, who, during the Sitting of Parliament, commit any Act of Violence to his Person or Property, which this House may adjudge to be a Breach of his Privilege; and therefore, as we conceive, the Facts alledged in the Petition, if the same are true, and no Account given of them by the Persons concerned to the Satisfaction of this House, are an unwarrantable Attempt upon a Member of this House. We think that, in Justice to the Petitioner, and to the Honour and Privileges of this House, there ought to have been an immediate and impartial Examination by this House, of the Persons concerned; we finding no Instance on the Journals of this House, where any Member of the House has complained, by Petition or otherwise, of the least Violence or Injury to his Person, during the Time of Privilege, whereon the House hath not ordered an Examination of the Facts so complained of.

"2dly, Because it appears to us, that, the Petitioner being under Imprisonment, and a Bill depending against him in the House of Commons; that House, having allowed him the Benefit of Counsel and Solicitors for making his Defence, were proceeding against the Petitioner on that Bill, in all Probability, at the very Time the Matters complained of were transacted; and as that Bill may soon come under the Consideration and Judgement of this House, the seizing the Petitioner's Letter to his Solicitor, or any Thing which may concern his Defence, we are of Opinion, ought to have been examined into; it being, as we conceive, against the Rules of Natural Justice, the Laws of all Nations, and the fundamental and known Laws of this Realm, that any Papers, or other Things, in the lawful Possession of the Person so accused, and which may relate to his Defence, should be forcibly wrested from him; or that any Person, and more especially a Lord of Parliament, being under Imprisonment, and Accusation for High Treason, should, by Terror, or other Violence, be, without just Cause, in any Degree, disturbed in, or disabled from, making his Defence.

"3dly, Because the refusing to enter into the Examination of the Matters complained of by the Petition may, in our Opinions, be construed to be a Justification of the Proceedings therein alledged, even though there was not a reasonable Occasion for the same; and it being suggested in the Petition, "That the Deputy Lieutenant of The Tower did affirm to the Petitioner, upon his Salvation, that he had a verbal Order from the Ministry, though he refused to say from whom, and not pretending that what he did was by his own Authority;" we are of Opinion, that it was of the greatest Consequence to the Honour of His Majesty's Government, that this House should have examined into this Proceeding; and the rather, because we conceive it to be of the highest Importance to the free and impartial Administration of Justice, that this House should, on all Occasions, discountenance all Appearances of Force, especially on a Lord of Parliament, imprisoned and accused of High Treason.

"4thly, Because we think that, if an unjustifiable Violence be offered to the Person or Privilege of any Member of this House, and not examined into, it may prove an Encouragement to commit the like, if not further Abuses, on any other Member of this House, in future Times.

"Strafford.
Scarsdale.
Litchfield.
Cowper.
Poulett.
Bingley.
Bathurst.
Foley.
Bruce.
Hay.
Ashburnham.
Guilford.
Weston.
Montjoy.
Lechmere.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket;" to which they desire the Concurrence of this House.

Message from thence, for a Conference about the Papers relative to the Conspiracy.

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

To desire a Conference with this House, upon the Subject-matter of the Original Papers, which were returned by their Lordships to the Commons at a Conference.

To which the House agreed.

Answer.

And the Messengers were called in; and acquainted, "That the Lords do agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."

Managers.

Ordered, That the Lords who were named Managers of the last Conference, be the Managers of this Conference.

Message from H. C. to return Horton's Bill.

A Message from the House of Commons, by Sir Charles Turner and others:

To return the Bill, intituled, "An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton his Daughters, and for other Purposes herein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Conference had, and reported.

The House being informed, "That the Managers of the Conference for the House of Commons were now ready, in the Painted Chamber:"

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord Steward reported, "That the Managers had been at the Conference; which, on the Part of the Commons, was managed by Mr. Pulteney and others; who delivered a Paper to the Effect following; (videlicet,)

"The House of Commons have desired this Conference of your Lordships, to return the Papers delivered to them by your Lordships at the last Conference. And as His Majesty has thought it proper to communicate several other Papers to us, which have given further Evidence of the Truth of that most detestable Conspiracy which has of late been carried on, as well as of the principal Actors concerned in it; the Commons think it necessary to lay those Papers also before your Lordships; and the said Papers, together with a Schedule of them, are in the Trunk, which I am commanded to deliver to your Lordships."

Which Trunk, with the Key thereof, being laid on the Table; the same were ordered to be delivered to the Duke of Dorset.

Ordered, That the Original Papers, Letters, and Examinations, this Day returned by the House of Commons at a Conference, together with the several other Papers communicated to them by His Majesty, be referred to the same Lords Committees who are appointed to inspect the Papers delivered at a Conference the Fifteenth of March last.

Message from H. C. to return D. Montagu and E. Cardigan's Bill.

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

To return the Bill, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Pains and Penalties on Plunket, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to inflict Pains and Penalties on John Plunket."

Ordered, That the said Bill be read a Second Time on Friday the Twenty-sixth Day of this Instant April; and that a Copy thereof be forthwith sent to the said John Plunket; and that he be allowed Pen, Ink, and Paper; and that it be intimated to the said John Plunket, "That, upon Application to this House, he may have Counsel and a Solicitor assigned, to assist him in the making his Defence."

Plunket to be brought to the Bar.

Ordered, That John Plunket be brought to the Bar of this House, on Friday the Twenty-sixth Day of this Instant April, at Nine of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Lunæ, octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 8^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Redeemable Annuities to transfer, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same."

After some Time spent therein, the House was resumed.

And the Lord Delawar reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Messages from H. C. with Bills; and to return Sommers's Bill, and Edgecumb's Bill.

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

With a Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Thomas Hales and others:

To return the Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, of Richard Sommers Esquire, in the County of Kent, in Trustees, to be sold, for Payment of a Debt now owing and charged thereon, on account of his late Brother and Sisters Portions;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

To return the Bill, intituled, "An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to or for the Use of His Majesty, for building a Victualing-office, for the Service of the Royal Navy at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Pains and Penalties on Kelly, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson."

And a Motion being made,

And the Question being put, "That the said Bill be read a Second Time on Monday the Twenty-ninth Day of this Instant April?"

It was Resolved in the Affirmative.

Ordered, That a Copy of the said Bill, and the Order for the Second Reading thereof, be forthwith sent to the said George Kelly, alias Johnson; and that he be allowed Pen, Ink, and Paper; and that it be intimated to the said George Kelly, alias Johnson, "That, upon Application to this House, he may have Counsel and a Solicitor assigned to assist him in the making his Defence."

Kelly to be brought to the House.

Ordered, That the Constable of His Majesty's Tower of London, or, in his Absence, the Lieutenant or Deputy Lieutenant of the same, do bring George Kelly, alias Johnson, to this House, on Monday the Twenty-ninth Day of this Instant April, at Nine of the Clock in the Forenoon.

To the Constable of His Majesty's Tower of London, or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Judges to attend.

Ordered, That all the Judges do attend this House on Friday the Twenty-sixth Day of this Instant April; and that Notice thereof be sent to such of them as are in the Country.

Plunket's Letter, for a Solicitor to be assigned:

The Lord Chancellor acquainted the House, "That he had received a Letter, subscribed "Jos. Plunkett," signifying, "That Intimation was given him, on Friday Night last, that, upon Application to the House, he may have Counsel and Solicitor assigned him; for which he returns his hearty Thanks to the House of Peers: And as he has not wherewith to fee a Counsel, he desires to have Mr. Thidam, in Elme Court, in The Temple, or Mr. Barnard Carrol, near The Library, as a Solicitor, to come to receive his Instructions in private, and Leave to summon such Witnesses as he shall find necessary, and advise with Counsel, if Need be."

It is Ordered, That the said Thidam be, and is hereby, assigned Solicitor for the said Plunket accordingly.

Motion for Plunket to be committed to The Tower.

The House being moved, "That John Plunket be forthwith committed to The Tower of London:"

And a Question being stated thereupon:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 9^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harcourt & al. Pet. referred to Judges.

Upon reading the Petition of Simon Harcourt, of Pendley, in the County of Hertford, Esquire, Henry Harcourt Esquire, Eldest Son and Heir Apparent of the said Simon Harcourt, and Grandson and Heir at Law to Sir Richard Anderson, late of Pendley aforesaid, Baronet, deceased, and Richard Harcourt Esquire, Youngest Son of the said Simon Harcourt, George Morley Gentleman and Elizabeth his Wife, Christopher Woodhouse Gentleman and Margaret his Wife, and Arabella Harcourt; praying Leave to bring in a Bill, for selling certain Lands, in Fleet Marston, Waddesdon, and Aylesbury, in the County of Bucks; and for vesting the Reversion of the Manor of Nottingbarnes, in the County of Middlesex, after the Decease of Elizabeth Lady Viscountess Harcourt, Wife of the Right Honourable Simon Lord Viscount Harcourt, in Trust, for Payment of Debts, and for other Purposes; and for establishing the Agreement in the Petition mentioned; and for carrying the same into Execution:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Powys; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Redeemable Annuities, to transfer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Godfrey:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Message from thence, to return Clayton's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Which Amendments, being read Twice by the Clerk, were severally agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Godfrey, to acquaint them therewith.

Baring's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Baring."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Godfrey:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Lords of Manors to recover their Fines, Bill.

The Order being read, for taking into further Consideration the Report of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their CopyholdEstates, in particular Cases," was committed:

It is Ordered, That the further Consideration of the said Report be adjourned to Thursday the Second Day of May next.

Gower's Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Manor of Queenbill, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire, and of John Gower his Son, deceased; and for discharging other the Lands late of the said John Gower from such Debts," was committed: "That they had considered the said Bill, and sound the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Gloucestershire Highways to repan, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London); and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act."

And, after some Time spent therein, the House was resumed.

And the Lord Delawar reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein James Macartney Senior Esquire and others are Appellants, and Richard Arundell, alias Bellings, Esquire, and others, are Respondents; et è contra:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-fourth Day of this Instant April, at Eleven a Clock; and that the other Causes be removed, to come on in Course, except on the Days the Bills to inflict Pains and Penalties on John Plunket, and George Kelly alias Johnson, are appointed to be read a Second Time.

Read's Pet. to be discharged, rejected.

A Petition of James Read Printer; setting forth, That, in a List of the Conspirators, printed in the Petitioner's Weekly Journal of the 23d of March last, the Name of the Right Honourable the Earl of Strafford was, by Inadvertency, inserted; for which Offence, the Petitioner was ordered to be taken into the Custody of the Gentleman Usher of the Black Rod; and absconds from his Family and Business: That, upon the Petitioner's humble Application to the said Earl, his Lordship has, in Compassion to the Petitioner, his Wife and Six Children, pardoned his said Offence;" and praying to be discharged; was presented to the House, and read.

And ordered to be rejected.

Pains and Penalties on Bp Rochester, Bill:

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

With a Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester;" to which they desire the Concurrence of this House.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester."

Ordered, That the said Bill be read a Second Time on Thursday the Second Day of May next; and that a Copy thereof, and the Order for the said Second Reading, be forthwith sent to the said Bishop of Rochester; and that his Lordship be allowed Pen, Ink, and Paper; and that it be intimated to the said Bishop of Rochester, "That, upon his Application to this House, he may have Counsel and Solicitors assigned, to assist him in the making his Defence."

Bp. Rochester to be brought to the House.

Ordered, That the Constable of His Majesty's Tower of London, or, in his Absence, the Lieutenant, or Deputy Lieutenant of the same, do bring Francis Lord Bishop of Rochester to this House on Thursday the Second Day of May next, at Ten of the Clock in the Forenoon.

To the Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Counsel to be heard, for and against Plunket's, Kelly's, and the Bp. of Rochester's Bills:

Ordered, That this House will allow Counsel to be heard, for the several Bills to inflict Pains and Penalties on John Plunket, George Kelly alias Johnson, and Francis Lord Bishop of Rochester, before the Second Reading thereof; as also Counsel on the Behalf of the said Plunket, Kelly alias Johnson, and the Lord Bishop of Rochester, against the said Bills, if they shall apply to this House for the same; and that Witnesses may be then produced on either Side.

Attorney General to have Notice.

Ordered, That His Majesty's Attorney General have forthwith Notice of the said Order, and of the several Days appointed for the Second Reading of the said Bills.

Plunket, Kelly, and the Bp. of Rochester, to have Notice.

Ordered, That the Gentleman Usher of the Black Rod attending this House do sorthwith acquaint John Plunket, George Kelly alias Johnson, and Francis Lord Bishop of Rochester, with the said Order.

Kelly's Pet. for Counsel and Solicitors to be assigned.

Upon reading the Petition of George Kelly Clerk, Prisoner in The Tower of London; setting forth, "That a Bill is lately brought into this Honourable House, for inflicting Pains and Penalties upon the Petitioner, by which the Petitioner will be very much affected, in case the same should pass into a Law; and praying to be heard, by himself and Counsel, against the said Bill; and that Sir Constantine Phipps and Nicholas Fazakerly Efquire may be allowed to the Petitioner for his Counsel, and Mr. Hugh Watson and Mr. Dennis Kelly for his Solicitors; and that they may have Access to him in private:"

It is Ordered, That the Petitioner be at Liberty to be heard, by himself and Counsel, upon Monday the Twenty-ninth Day of this Instant April, before the Second Reading of the said Bill; and that Sir Constantine Phipps and Nicholas Fazakerly be, and are hereby, assigned the Petitioner's Counsel, and Hugh Watson for his Solicitor; and that they may have Access to him in private, according to the Prayer of the said Petition.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 10^o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Gloucestershire Highways, to repair, Bill.

The Lord Delawar (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of BirdlipHill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly-Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by Virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act," was committed; the Amendments made by the Committee to the said Bill.

Which, being read Twice, were, with Amendments to some of them, agreed to by the House; and are as follow; (videlicet,)

"Pr 5. L, 5, 6, and 7. Leave out ["by advancing or laying out any Monies, or otherwise, relating thereunto"].

"Pr. 7. L. 6 and 7. Leave out ["Men of the Vicinages of"], and insert ["Freeholders of the County in which"]; and, in the same Line, after ["Road"], insert, ["lies capable to serve on Juries"].

"Pr. 8. L. 42. After ["Tender"], insert ["and Refusal"].

"Last Line. Leave out from ["aforesaid"] to ["it"], in the Fifth Line of the Ninth Press"].

"Pr. 9. L. 24. After ["they"], insert ["is or"]; and, in the same Line, leave out ["concerned"], and insert ["interested"].

"L. 31. After ["appoint"], insert ["by Order, in Writing, under the Hands of Five or more of the said Trustees"].

"Pr. 10. L. 24. After ["thereof"], insert ["by Way of Mortgage"].

"Pr. 12. L. 21. Leave out ["said"].

"L. 22. Leave out ["in Manner hereafter mentioned, that is to say"]; and insert ["as by Law they ought, except"].

"Pr. 16. L. 35 and 36. Leave out ["Twentyfourth"], and insert ["First"]; and in the 36th Line leave out ["April"], and insert ["June"].

"Pr. 16. L. 40. After ["Trustees"], insert ["so met"].

"L. 41. Leave out ["any Five or more"], and insert ["the Majority"]; and after ["them"], insert ["so as such Majority be not fewer than Five"].

"Pr. 18. L. 5. After ["appear"], insert ["to the said Trustees, or any Five or more of them, and they shall adjudge"].'

Gower's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Queenhill, and other the Lands therein mentioned, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire, and of John Gower his Son, deceased; and for discharging the said Manor and Lands of and from the same."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Godfrey:

To carry down the said Bill, and desire their Concurrence thereunto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales; in his Robes, sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, they attend Him, immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for the more easy assigning or transferring certain Redeemable Annuities, payable at the Exchequer, by Endorsements on the Standing Orders for the same."

"2. An Act for the enlarging the Term granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways between the House commonly called The Horseshoe House; in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and for repairing the Road from the North Bridge of Newport Pagnel, in the County of Bucks, to the said Horseshoe House."

"3. An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign, (for continuing the Duty of Two Pennies Scots upon every Pint of Ale and Beer sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Perty Port Customs there;) and for making the said Act more effectual."

To these Bills the Clerk Assistant, in the Absence of the Clerk of the Parliaments, pronounced the Royal Assent, severally, in these Words; (videlicet,)

"Le Roy le veult."

"4. An Act for compleating the Sale of the Manors of Croxton, alias Croxden, and Great Yate, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston (Lord Privy Seal), in the County of Stafford; and ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and for charging One Annuity given to the Poor of Croxton aforesaid wholly upon the said Estate, and discharging the same Estate from other Annuities, given to the Minister and Poor of Tong, in the County of Salop, by a Deed and Will of Gervas Lord Pierrepont, deceased, and thereby charged upon his Estates in the Counties of Salop and Stafford."

"5. An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester, and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the said Duke of Montagu."

"6. An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned."

"7. An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to and for the Use of His Majesty, for building a Victualingoffice, for the Service of the Royal Navy at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement."

"8. An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton his Daughters; and for other Purposes herein mentioned."

"9. An Act for vesting certain Lands, Tenements, and Hereditaments, of Richard Sommers Esquire, in the County of Kent, in Trustees, to be sold, for Payment of a Debt now owing and charged thereon, on account of his late Brother and Sisters Portions."

"10. An Act for naturalizing John Baring."

"11. An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit sait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Bp. of Rochester's Pet. for Counsel and Solicitors to be assigned.

Upon reading the Petition of Francis Lord Bishop of Rochester, Prisoner in The Tower of London; setting forth, "That, by a Bill, sent up from the House of Commons, to inflict Pains and Penalties upon the Petitioner, for supposed Crimes, of which he is innocent, he will be deprived of his Property, and banished the Kingdom, if the same should pass into a Law;" and praying, "That he may be heard, by himself and Counsel, against the said Bill; and that Sir Constantine Phipps and William Wynne Esquire may be allowed for his Counsel, and Mr. Joseph Taylor and Mr. William Morice for his Solicitors; and that they may have free Access to the Petitioner, to advise him in private:"

It is Ordered, That the Petitioner be at Liberty to be heard, by himself and Counsel, upon Thursday the Second Day of May next, before the Second Reading of the said Bill; and that Sir Constantine Phipps and William Wynne be, and are hereby, assigned the Petitioner's Counsel, and Joseph Taylor and William Morice for his Solicitors; and that they may have free Access to the Petitioner, to advise him in private, according to the Prayer of the said Petition.

Then,

Bp. of Rochester's Pet for Counsel or Solicitors to inspect Papers, rejected.

A Petition of the said Francis Lord Bishop of Rochester; setting forth, "That there are divers Papers laid before their Lordships, by the House of Commons, to support the Charge against the Petitioner, in the Bill to inflict Pains and Penalties upon him; and several of those Papers are said to be in Cypher, which may require a deliberate Inspection;" and praying, "That he may have some convenient Time, before the Second Reading of the said Bill, allowed, to inspect the said Papers, by his Counsel or Solicitors, in the Presence of proper Officers," was presented to the House, and read.

And ordered to be rejected.

Dover and Rye Harbours to repair, Bill.

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

With a Bill, intituled, "An Act for compleating the Repairs of the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Papers relating to the Conspiracy delivered.

The Lord Carteret (by His Majesty's Command) presented to the House several Papers, sealed up, relating to the Conspiracy mentioned in His Majesty's Speech, at the Opening of this Session.

And the same were ordered to be delivered to the Duke of Dorset.

Ordered, That the said Papers be referred to the same Lords Committees to whom the Report, and Original Papers, Letters, and Examinations, delivered by the House of Commons, at a Conference, stand referred.

Ordered, That the said Lords Committees be empowered to receive and examine such Papers and Informations as His Majesty may think proper to communicate to their Lordships during the Recess; and afterwards to report to the House, as they shall see Cause.

Witnesses to attend, for Plunket's Bill.

Ordered, That Sarah Frances Harcourt, Peter Thouvois, Robert Clarke, John Lefebvre, Luke Stokoe, Thomas Carter, Isaac Megault, Richard Coleman, Isabella Creagh, and Mary Faghan, be, and are hereby, required to attend this House, as Witnesses on the Behalf of the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," on Friday the Twenty-sixth Day of this Instant April, at Nine of the Clock in the Forenoon, upon the Second Reading of the said Bill.

Witnesses to attend, for Kelly's Bill.

Ordered, That Peter Thouvois, John Lefebvre, Robert Clarke, Sanderson, Garth, Elizabeth Levet, James Stevenson, Mary Stevenson, Margaret Kilburne, Dorothy Kay, Thomas Carter, John Collet, Sturgis, Philip Chareu, Mathew Andrews, Alice Gardiner, Gardiner, John Flower, Francis Van Lear, and Anne Ellis, be, and are hereby, required, to attend this House, as Witnesses on the Behalf of the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," on Monday the Twentyninth Day of this Instant April, at Nine of the Clock in the Forenoon, upon the Second Reading of the said Bill.

Witnesses to attend, for Bp. Rochester's Bill.

Ordered, That John Lefebvre, Robert Clarke, Peter Thouvois, Christian, Holmes, Charles Lowe, John Batteley, Elizabeth Levet, Thomas Carter, John Flower, John Leadwell, Margaret Kilburne, Dorothy Kay, John Lawson, James Stevenson, Mary Stevenson, Richard Coleman, Francis Van Lear, and Anne Ellis, be, and are hereby, required to attend this House, as Witnesses on the Behalf of the Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester," on Thursday the Second Day of May next, at Nine of the Clock in the Forenoon, upon the Second Reading of the said Bill.

Lovat versus M^ckenzie:

Whereas, by Order of this House of the Seventeenth of January last, Hugh Mackenzie was required to put in his Answer to the Appeal of Simon Lord Lovat, on or before the Fourteenth Day of February following; which he has neglected to do, though duly served with the said Order for that Purpose:

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, on or before Monday the Two and Twentieth Day of this Instant April.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Die Sabbati, 14^o Martii, 1723, hitherto examined by us,

Wharton.
Findlater.
Hu. Bristol.
Jo. Norwich.
Ric. Lincoln.
Jo. Carliol.

DIE Lunæ, 22^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thompson & al. versus Hathorn & al.

The joint and several Answer of James M^cLellan, Eldest Son of the deceased Sir Samuel M^cLellan, late Lord Provost of Edinburgh, Hugh Hathorn and Margaret his Wife, Thomas Fordyce and Lilias his Wife, and Mr. John Montgomery, Respondents to the Petition and Appeal of Dame Marjory Thompson, Widow of the said Sir Samuel, and Samillia M^cLellans:

L. Lovat versus M^cKenzie.

Also, the Answer of Hugh Master of Lovat, Heir of Tailzie and Fiar of the Estate and Lordship of Lovat, Respondent to the Petition and Appeal of Captain Simon Frazer of Baufort, commonly called Lord Lovat;

Were this Day brought in.

Dover and Rye Harbours, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for compleating the Repairs of the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness."

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

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

Thompson & al. versus Hathorn & al.

The House being moved, on the Behalf of Hugh Hathorn, Thomas Fordyce, and others, Respondents to the Petition and Appeal of Dame Marjory Thompson, Widow of Sir Samuel M^cLellan, and others, "That a Day may be appointed, for hearing the said Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Sixth Day of May next, at Eleven a Clock.

Gloucestershire Highways, to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London); and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Hiccocks:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

E. Kinnoul's Complaint:

Complaint being made to the House, of a printed News Paper, called, "The Flying Post, or Post Master, from Thursday, April Eighteenth, to Saturday, April Twentieth, 1723. Printed by W Wilkins, at The Dolphin, in Little Britain; and sold by S. Popping, at The Black Raven, in Pater-noster-Row;" "That the Earl of Kinnoul's Name is inserted in a List which is therein, intituled, "An Alphabetical List of the Names of Persons mentioned in the Report and Appendixes, with their Characters and Behaviours."

And the Title of the said News Paper and List being read:

Wilkins and Popping attached, for printing his Name in a List of Conspirators.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Bodies of the said W. Wilkins and S. Popping; and bring them, in safe Custody, to the Bar of this House, To-morrow Morning, to answer the Matter of the said Complaint; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Report relating to the Conspiracy to be received.

The Duke of Dorset acquainted the House, from the Lords Committees to whom the Report and original Papers, delivered by the House of Commons at several Conferences, were referred; and who were empowered to examine Christopher Layer, and such other Persons as they from Time to Time should think proper; and to whom several Informations and Papers laid before the House by His Majesty's Command, relating to the Conspiracy mentioned in His Majesty's Speech at the Opening of this Parliament, to be carrying on against His Person and Government, were referred: "That the Committee had prepared a Report; which he was ready to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow, at Ten a Clock in the Forenoon; and the Lords to be summoned.

House to be called.

Whereas Thursday the Eleventh Instant was appointed, for the Call of the House:

It is Ordered, That the House be called over on Saturday next.

Bp. of Rochester's Pet. for another Solicitor to be added, withdrawn.

A Petition of Francis Lord Bishop of Rochester, Prisoner in The Tower, was presented to the House, and read; praying, "In regard One of the Solicitors allowed to attend the Petitioner, in order to the making his Defence against the Bill to inflict Pains and Penalties upon him, has been some Time indisposed, and unable to assist him, that Mr. Alexius Clayton may be added to his Two other Solicitors; and that he may also have Access to him in private."

And thereupon Joseph Taylor being called in; and examined, at the Bar, touching the same; the said Petition was, by Leave of the House, withdrawn.

Plunket's Pet. complaining of Money being taken from him when he was searched.

A Petition of John Plunket, Prisoner in The Tower of London; complaining, "That, at the Time the Petitioner was first seized and searched, Daniel Chandler, a Messenger, took from the Petitioner Three Moidores, Three Guineas, and Six Half Guineas, and still detains the same; and that his Cloaths are likewise kept from him;" and praying, "That their Lordships will take the Petitioner's Case into Consideration, and grant him Relief," was presented to the House, and read.

And ordered to lie on the Table.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Martis, 23^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Lovat versus M^ckenzie.

The House being moved, on the Behalf of Simon Lord Lovat, Appellant in a Cause depending in this House, to which Hugh Mackenzie is Respondent, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Eighth Day of May next, at Eleven a Clock.

Plunket's Pet. rejected.

The Lord Viscount Townshend acquainted the House, That he and the Lord Carteret had made Inquiry into the Matter of the Complaint contained in the Petition of John Plunket, which was Yesterday ordered to lie on the Table."

And it appearing to the House, "That an Accompt was kept of the Money found in the said Plunket's Possession when first taken into Custody; and that the same is returned to him; and would have been so sooner, had he made Application for it:"

It is Ordered, That the said Petition be rejected.

E. of Kinnoul's Complaint:

W. Wilkins and S. Popping, in Custody of the Gentleman Usher of the Black Rod, for printing and publishing the News Paper, called, "The Flying Post, or Postmaster, from Thursday, April Eighteenth, to Saturday, April Twentieth, 1723;" containing a Paragraph, reflecting on the Earl of Kinnoul, "That Skeene declared, that he was a Manager of the Conspiracy here," were, (according to Order) brought to the Bar.

And the said News Paper being shewed to the said Wilkins; he owned, "That he was the Printer of the said Paper;" and acquainted the House, "That Stephen Whatley, in Paul's Alley, in Aldersgate-street, was the sole Author of that Paper, particularly that published on Saturday last."

And the said S. Popping being also examined in relation to the said News Paper:

They were directed to withdraw.

And being withdrawn:

Stephen Whatley to be attached.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of Stephen Whatley, for writing the News Paper, called, The Flying Post, or Postmaster," of Saturday last, and bring him, in safe Custody, to the Bar of this House, To-morrow Morning; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein James Macartney Senior Esquire and others are Appellants, and Richard Arundell, alias Bellings, Esquire, and others, are Respondents; et è contra:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Tenth Day of May next; and that the other Causes be removed in Course.

Report relating to the Conspiracy.

The Duke of Dorset (according to Order) reported from the Lords Committees to whom the Report and original Papers delivered by the House of Commons, at several Conferences, were referred; and who were empowered to examine Christopher Layer, and such other Persons as they from Time to Time should think proper, and to whom several Informations and Papers, laid before the House by His Majesty's Command, relating to the Conspiracy mentioned in His Majesty's Speech, at the Opening of this Parliament, to be carrying on against His Person and Government, were referred: "That the Committee, having carefully compared the said Report with the original Papers referred to them, and having examined several Persons in relation to the treasonable Practices and Correspondences therein set forth, are fully satisfied and convinced, that a detestable and wicked Conspiracy has been formed and carried on, for soliciting a Foreign Force to invade these Kingdoms, for raising a Rebellion, and inciting Insurrections, in London, and divers other Parts of Great Britain, and even for laying violent Hands on the Sacred Person of His Majesty, and on his Royal Highness the Prince of Wales, in order to destroy our Religion and Constitution, by placing a Popish Pretender on the Throne.

"And the Lords Committees think themselves obliged, in Justice, to observe, that the extraordinary Vigilance and Application which has been shewn by the House of Commons, in detecting this Scene of Iniquity, and laying its most hidden Springs in so full and clear a Light, as it has greatly contributed to the Public Safety, by opening the Eyes, and awakening the just Resentment, of an injured Nation; so it cannot fail to excite a proportionable Zeal and Emulation in your Lordships, for concurring with that House, in the no less necessary Work of bringing the Authors of these wicked Designs to such exemplary Punishment, as may be a lasting Admonition to Posterity, That Artifice and Disguise can no more lessen the Danger, than mitigate the Guilt, of Treason; and that they act under a fatal Delusion, who hope to abuse the Lenity of our Laws to the Ruin of our Constitution.

"The Lords Committees think it a strong Confirmation of the Truth and Exactness of the said Report, that several material Observations, which are there advanced as grounded upon probable Conjectures only, have since been amply verified and supported by fresh Discoveries, arising from the Papers lately referred to them by your Lordships.

"The Intelligence sent by Colonel Stanhope and Sir Anthony Westcombe, in relation to the Pretender's Ships under Morgan, as well as the Explication given by the Committee of the House of Commons to several of the fictitious Names in the intercepted Correspondence, is very much illustrated and confirmed by Papers seized on Board The Revolution, and by the Examinations of some of the Prisoners belonging to that Ship.

"It appears by those Papers and Examinations, that Morgan, who went by the Name of Walton, and Gallwey (an Irish Roman Catholic), who went by the Name of Gardiner, with others acting under their Direction, have, for several Years past, been employed in fitting out Ships under English Colours, which were ready, on all Occasions, to attend the Motions of the Pretender, who in several of the Letters is styled "their King" and "their Royal Master:" That the Money for these Ships was supplied, partly by Persons in England, partly by Waters the Banker at Paris, and partly by the late Duke of Ormonde: That One of these Ships, in the Year 1719, was sent by Morgan to The Groyn, with an Express to fetch the late Duke of Ormonde to England; at which Time it appears, that Morgan and Gallwey were promised a Supply of Fifty Thousand Pounds from Friends in England: That others of these Ships lay hovering about the Coast of Britany, from the Year 1718 to 1721, expecting to be employed either by Cane and Chivers (General Dillon), or by Hore (Sir Harry Goring), in what they call their Home Trade: That, in the Year 1721, despairing of any Employment of this Kind, on account, as is expressed in One of their Letters, of Hore and his Partners being Cowards in Trade, they engaged themselves in the Service of the Swedish Madagascar Company, and in December 1721 rendezvoused in the Bay of Cadiz for this Purpose; but this Project likewise failing, on Account of some Deficiency on the Part of the Swedes, Morgan waited on the late Duke of Ormonde at Madrid, and was by him supplied with Twelve Thousand Pieces of Eight, for fitting out the Ships Lady Mary and Revolution for the Pretender's Service. Soon after Morgan's Return to Cadiz, the Arms and Ammunition which had been prepared for the Madagascar Voyage, consisting of Two Thousand Muskets, Two Thousand Bayonets, One Thousand Carbines, Four Hundred Barrels of Powder, and a proportionable Quantity of Match, Flints, &c. were consigned to Morgan, and by him put on Board the Pretender's Ship, called The Lady Mary; and Morgan having embarked on Board the said Ship, with several Irish Officers, set Sail from the Bay of Cadiz, the latter End of April 1722, and went first to S'to Antonio, and then to S'to Andero, in The Bay of Biscay.

"The Committee having sent for Mr. Gustavus Bâhr, formerly a Captain in the Swedish Service, who, being at Cadiz on account of the Madagascar Expedition, had Occasion to transact several Affairs with Morgan and the other Officers of the Pretender's Ships; they were informed by him, "That the Arms abovementioned were brought, Part of them from Gottenburg, and Part from Hamburg, by One of the Pretender's Sips, named The Fortune, commanded by one Butler; that Two Thousand of the said Arms belonged to the Swedish Madagascar Company, and were delivered by him, Báhr, to Morgan; that the Remainder, which belonged to Count Rhenstierna, a Swede, were also purchased by Morgan, but not till some Weeks after the First Two Thousand; that Morgan went to Madrid, and returned with Twelve Thousand Pieces of Eight in Bills and Money, which Sum, he, Bâhr, saw in Morgan's Hands; that Baron Seebach and one Osthoff (who are frequently mentioned in Morgan's Letters), as also Count Rhenstierna's Agent, who delivered the Arms to Morgan, declared to him, Bâhr, since his Return to Gottenburg, that Morgan was supplied with these Twelve Thousand Pieces of Eight from the late Duke of Ormonde; and that the Arms were paid for out of the said Money. And Morgan's Son, being examined by the Committee, owned, "That his Father went at that Time to Madrid; that the late Duke of Ormonde was then there; and that his Father did there receive Bills for sitting out the Ships; but from whom he cannot tell."

"Báhr farther declared, "That all the Swedish Officers at Cadiz looked on Morgan's Ships as belonging to the Pretender, and spoke of them in all Conversations as such; which was confirmed to him expressly by Baron Seebach and Osthoss." And One of the Sailors of the said Ships owned to the Committee, "That they went from Port to Port, without taking in any Cargo; that they had sometimes but Sixty, and sometimes One Hundred and Thirty, Men on Board The Revolution; and often received Orders for sailing with all possible Expedition, which Orders were afterwards countermanded, without any apparent Reason for one or the other; and that this unaccountable Proceeding satisfied him the said Ships were engaged in some unwarrantable Design." Bâhr farther declared, "That Osthoff told him, the Ship Revolution was at first purchased in England, for transporting the late King of Sweden, in Person, in his projected Descent on Scotland; and that he, Bâhr, saw the Name Carolus still standing in the Cabin of the Ship, when he was last on Board her." And Morgan's Son owned, "That he had observed the Arms of the Crown of Sweden in the said Cabin, which he supposed were placed there as a Token that the said Ship was engaged in the Service of the Swedish Madagascar Company, though he owned that the other Ships engaged in the same Service had no such Token."

"Some of the Particulars above related do very much explain and confirm O—'s Letter to L— of the 27th of April; as also those to Dumville and Dodsworth, in which it is said, "That the Hopes of Remittances from Persons in England had induced O— to supply M— (which appears to be Morgan); that O— could depend on Two Thousand Arms from M— (which appear to be the Two Thousand Arms delivered to Morgan by Bâhr, before the Date of O—'s Letter); that M— had writ from C— (which appears to be Cadiz), "That he could get more Arms, if he had more Money;" and accordingly the Committee find that a Second Supply of Arms was purchased by Morgan from Count Rhensticrna's Agent. O—, in his Letter to L—, dated the 27th of April, says, "I have ordered M—'s Ship to come to A—;" and it appears that Morgan did at that very Time embark on Board The Lady Mary, with the Arms abovementioned, and went first to S'^to Antonio, and soon after to S'^to Andero.

"The Sailors, on their Examination, having mentioned one Hilton, as commanding a Ship under Morgan; and the Committee finding a Letter from Morgan, directed to Don Nicholas, which in a subsequent Letter is mentioned to have been writ to the said Hilton; they thought it probable Hilton might be a fictitious Name for Nicholas Wogan, in the same Manner as Walton was for Morgan, and Gardiner for Gallwey. Having accordingly examined the Sailors as to this Particular; One of them said, "He believed Hilton was a fictitious Name;" and Morgan's Son owned, "That Hilton's true Name was Nicholas Wogan; and that he had been confined in England on account of the Preston Rebellion, as he was told by Nicholas Wogan Junior, who went by the Name of Paterson." And One of the Sailors declared, "That the said Wogan Senior obtained the Command of One of the Ships under Morgan, after their Arrival in the Bay of Cadiz."

"These Particulars agree with Glascock's Letter to George Kelly, of the 24th of April, O. S. in which he mentions Nicholas Wogan by the Name of Xoland, as being to have the Command of a Vessel at Cadiz, to cruize against the Turks, or for other Views, on which he will not pretend to decide; and Kelly, answering this Letter, "wishes Wogan's Chief may succeed in his Journey." The same Particulars confirm Mr. Crawfurd's Letters of the 18th and 25th of July; by which it appears, "That the Two Nicholas Wogans were at that Time come to Morlaix, expecting Morgan's Ships to follow them to that Port, in order to their setting Sail for England; that the Eldest of them was to have been Captain, and the other Lieutenant, of One of those Ships; and that they owned the Project in Spam, by what they had learned of it, was, for the late Duke of Ormonde to have landed in the West, with Irish Officers, and Arms."

"On the 8th of June, N. S. Colonel Stanhope writ Word, "That the late Duke of Ormonde was preparing to embark, with Arms and Officers, for England. "And your Committee find, that about that Time the Ship Revolution set sail from the Bay of Cadiz; that the Sailors, knowing the Madagascar Voyage to be dropped, refused to do their Duty, till they were satisfied as to the Place they were designed for; that hereupon Gallwey assured them, "It was to Gibraltar, in order to clean the Ship;" but having got them under Sail, and satisfied them about their Wages, they proceeded to The Bay of Biscay: That they put in at S'^to Antonio, to take Morgan on Board, and then joined The Lady Mary at S'^to Andero: That, upon their Arrival at this Place, the common Report on Shore was, that the late Duke of Ormonde and Four Companies of Soldiers were to be taken on Board The Revolution; that Corn and Cattle were provided for the said Soldiers; and that the late Duke of Ormonde was within a short Day's Journey of S'^to Andero: That hereupon the First and Second Mate of the said Ship, suspecting Gallwey to be engaged in some unwarrantable Design, agreed not to serve any longer, unless Gallwey would give them a Note under his Hand, that they were forced into the Service, and would also declare whither they were bound, and give them Security that they should not be employed in any other Voyage than such as he should declare to them; whereupon One of them was confined, and the other discountenanced by Gallwey.

"But that Gallwey's real Expectations were to have come over with the late Duke of Ormonde, appears to the Committee most evident, from the Copy of a Letter of his, dated the 16th of June, the Day before he set Sail from Cadiz; in which are these Words:

"I hope the — will sail To-morrow. Your not repeating Orders and Advice concerning the Business in Hand, gives me a Thousand Apprehensions. God send our Bankers and the rest of our Friends are safe, and stand their Ground. I intend to embark myself on Board the —, for Fear my dear Aunt should have any Occasion for Assistance; of whom I am so tender, that I would not, if possible, have the Care of her put into any other Hands."

"The Committee observe, "That the same Expression of "my Aunt" is used in the Letter to Dods worth, with such Circumstances as make it highly probable, that, in that Letter, as well as this of Gallwey's, it denotes the late Duke of Ormonde. They likewise observe, that the Names of Manfield and Medley are used in Morgan's and Gallwey's Letters in such a Manner, as confirms those Names to mean the late Duke of Ormonde, agreeably to the Explication given them in the Report of the Committee of the House of Commons.

"Gallwey, in his Letter of the 3d of November 1722, says, "He has a Couple of fine Greyhounds, a Dog, and a Bitch, for Mrs. Freeman." The same Dogs are mentioned in another Letter, and in the Depositions of Two of the Sailors, to have been a Present from the late Duke of Ormonde to the Pretender; which confirms the Explication of the Name of Freeman, mentioned in the said Report, to be true.

"There was likewise seized, on Board The Revolution a Letter to Gallwey, signed "Jⁿ. Obrien;" which appears to be in the same Hand-writing with the Letters signed Gerrard and M. Digby, taken among Mr. Dennis Kelly's Papers; and confirms Gerrard to mean Sir John Obrien, One of Dillon's Secretaries, agreeable to the Conjecture in the said Report.

"Gallwey, in a Letter dated from Alicant Bay, the 13th of September last, expresses his Concern for Kelly's Consinement; but hopes "that is the worst that can befall him." And a Letter in Kelly's Handwriting, signed "Ja. Johnson," directed for Gardiner, but enclosing a Note for Twenty Guineas payable to Gallwey, was found on Board The Revolution; as also a Direction, entered with Kelly's own Hand, in a Pocket-book supposed to belong to Morgan. Kelly, in his Letter, acknowledges the Receipt of One from Sir John (which is probably their common Correspondent Sir John Obrien); and says, "Their Friends in Spain are well, as One of the Family writes him Word;" which shews how extensive Kelly's Correspondences were.

"Gallwey, in a Letter from Genoa, of the 3d of November 1722, (which appears to have been writ to One of the Pretender's Family) says, "He has acted for many Months past under the Direction of Medley (Ormonde), who, he makes no Doubt, has mentioned him to Mr. Freeman (the Pretender):" Yet, in his Letter to Lord Carteret, after his Ship was taken, he has the Assurance to affirm, "That he never saw the late Duke of Ormonde since he left England; nor ever corresponded, directly or indirectly, with him or the Pretender, or any of their Adherents at Home or Abroad; but was always zealously well-affected to His present Majesty and our happy Establishment."

"Gustavus Bâhr, abovementioned, deposes, among other Particulars, "That he has been informed, the Pretender's Agents had Arms for Three Thousand Men, lodged at a House belonging to the late Duke of Ormonde, near Morlaix, in Brittany:" Which Port, the Committee observe, was One of the usual Stations of the Pretender's Ships under Morgan; and it appears probable that these Three Thousand Arms made Part of the Ten Thousand mentioned in O—'s Letter to L—, as provided by D—; who is supposed to be Dillon.

"Robert Franklyn, Second Mate of the Ship Revolution, deposes, "That Letters, directed to John or James Jacobs, at Genoa, were taken up at the Posthouse by Gallwey." The Committee observe, that Jones, in his Letter to Chivers, mentions his having communicated the Copies of Manfield's and Jacobs' Letters. And Glascock, in his Letter to George Kelly, of the 1st of May, says, "He hopes Money is sent to pay for the Barrels, which Jacobs has at his Disposal;" in both which Places, it is probable that Jacobs means Gallwey; and that Barrels mean Stands of Arms, is confirmed by a Letter of Morgan's; in which, speaking of that very Ship that brought the Arms abovementioned from Gottenburg and Hamburgh to Cadiz, he says, "She had received Orders for taking in Nineteen Barrels, with every Thing necessary to make Use of them;" which last Words seem to refer to the Bayonets, Flints, and Powder.

"The Intelligence sent by Mr. Crawfurd, on the 27th of May, "That Gordon of Boulogne was to have a Ship ready to transport some of the Chiefs of the Conspiracy to England," is confirmed by the Deposition of Roger Garth (already published); who declares, "That the said Gordon (whom he had good Reason to believe to be an Agent of the Pretender's) did, some Time last Summer, endeavour to engage him to ply off of that Station with his Sloop, in order to carry over such Persons as he the said Gordon should recommend to him; promising him, that he should have Employment enough."

"The Lords Committees conceive, that the several Particulars above related will appear to the House very much to corroborate the Accounts received from Abroad, of Ships provided for transporting the late Duke of Ormonde to England, with Arms and Officers, the Beginning of last Summer; and that they also confirm the Decyphering of the Letters, and Explication of the Names, contained in the Report of the Committee of the House of Commons.

"The Lords Committees, observing that some Paragraphs of the Letters referred to them were writ originally in Cypher, thought it proper to call the Decypherers before them, in order to their being satisfied of the Truth of the Decyphering. The Account they received from those Persons was, "That they have long been versed in this Science, and are ready to produce Witnesses of undoubted Reputation, who have framed Letters in Cypher, on purpose to put them to a Trial; and have constantly found their Decyphering to agree with the original Keys, which had been concealed from them." It was likewise confirmed to the Committee, That Letters decyphered by one or other of them in England had exactly agreed with the Decyphering of the same Letters performed by Persons in Foreign Parts, with whom they could have no Communication; and that, in some Instances, after they had decyphered Letters for the Government, the Keys of those Cyphers had been seized; and, upon comparing them, had agreed exactly with their Decyphering.

"With respect to the intercepted Letters in Question, they alledged, "That, in the Cypher used by George Kelly, they find the Words ranged in an Alphabetical Order, answering the progressive Order of the Figures by which they are expressed; so that the farther the Initial Letter of any Word is removed from the Letter A, the higher the Number is by which such Word is denoted: That the same Word will be found to be constantly denoted by one and the same Figure, except in the Case of Particles, or Words of very frequent Use, which have Two or Three Figures assigned to them; but those always following one the other, in a progressive Order." They likewise set forth, "That, in the Cypher abovementioned, a certain Order is constantly observed as to the placing of the Words made Use of; that, under each Letter of the Alphabet, the First Cyphers are allotted to the proper Names of Places, the next to the proper Names or Titles of Persons, the next to whole Words in common Use, and the last to denote single Letters."

"As to the Truth of the Decyphering, they alledged, "That several Letters, written in this Cypher, had been decyphered by them separately, one being many Miles distant in the Country, and the other in Town; and yet their Decyphering agreed: That Facts, unknown to them and the Government at the Time of their Decyphering, had been verified in every Circumstance by subsequent Discoveries; as, particularly, that of H—'s Ship coming in Ballast to fetch O— to England, which had been so decyphered by them Two Months before the Government had the least Notice of Halstead's having left England: That a Supplement of this Cypher, having been found among Dennis Kelly's Papers the latter End of July, agreed with the Key they had formed of that Cypher the April before: That the Decyphering of the Letters signed Jones Illington and 1378, being afterwards applied by them to others written in the same Cypher, did immediately make pertinent Sense, and such as had an evident Connexion and Coherence with the Parts of those Letters that were out of Cypher, though the Words in Cypher were repeated in different Paragraphs, and differently combined." And they insist, "That these several Particulars, duly weighed, amount to a Demonstration of the Truth of their Decyphering."

"As to the other Cyphers, made Use of by Jernegan, Stanley, and Walter Grahame, they consist only of 24 Figures for the 24 Letters of the Alphabet, and some other Figures for Proper Names, or whole Words; in the placing of which Names, a certain Order is also observed.

"These several Particulars they declared themselves ready to attest, upon Oath; and to produce sufficient Witnesses to their Character and Integrity, as well as their Skill.

"The Committee, being empowered by your Lordships to examine Christopher Layer, did accordingly spend some Time in the said Examination; which produced a tedious Repetition of the Particulars contained in his Examination before the Committee of the House of Commons, and some few Circumstances, which they found he had recollected by reading the printed Report and Appendix.

"All that he confessed to them, which is new, was, That he did, before his setting out for Rome, acquaint Plunket with his Intentions of carrying over a Note of the Names of the Tory Gentlemen of Norfolk, if Plunket thought it would be acceptable: That, during his Stay at Rome, Sir William Ellis told him, "That he had formerly corresponded with Plunket, at the Request of the Lady Middleton; but that he had not for some Time past corresponded with Plunket, or any one else, in relation to the Pretender's Affairs; for that, from the Time of the Action at Dumblain, so many Scottish Noblemen and Gentlemen had come over to the Pretender, that he and all the rest of the old Servants had been forbid all Correspondence in England or elsewhere." Upon Layer's desiring Leave to correspond with him if it were practicable, he told Layer, "That, on Condition he would promise to write nothing but what might be shewn to the Pretender himself, he would settle a Correspondence with him; for that though he had followed the Fortunes of the late King James and His Family ever since the Revolution, and had always been faithful to the Pretender, and for many Years his Cashier; yet, if any of the Scottish Gentlemen that were about the Pretender should know he received a Letter without communicating it to him, it would cost him his Place, and he should be in utter Disgrace:" That, Layer promising to write nothing but what might be shewn, Ellis gave him a Cypher of his own Hand-writing, as also another Cypher of cut Paper, for carrying on the Correspondence: That he, Layer, likewise settled a Cypher of fictitious Names with Mrs. Hughes, Nurse to the Pretender's Child; and received a Letter from her, in relation to the Christening of his Daughter. He would not own that he knew of any other Cypher; and persisted that [Mrs. Kinder] meant the said Mrs. Hughes; though in Ellis's Cypher it stands for Mrs. Fox. He said, "That the Paper which he desired a Copy of from Sir William Ellis, and which is referred to in Ellis's Letter of the 30th of January, was a short Scheme, relating to the Preston Affair, shewn him by Ellis while he was at Rome; of which he remembers no other Particulars, but that Insurrcctions were to be begun in several Counties in a dark Night: That, when he made Application to Plunket, for the fictitious Names of Burford, Stcele, &c. he was forced to acquaint Plunket with his having settled a Correspondence with Ellis; which Plunket resented, and said, "He thought Ellis had been forbid all Correspondence with Persons here:" That the Reason of his asking Plunket for a fictitious Name for Lord Orrery was, that he had Occasion to mention to Ellis a Club, which Plunket had often told him of: That Plunket once shewed him a List of this Club, of his own Hand-writing, which he read over Two or Three Times; but that Plunket talked so inconsistently of them, that he, Layer, verily believes it was a mere Fiction of his own, and that there never was any such Club: That he, Layer, thinks Lord Orrery mentioned to him Lord Strafford, as One of those who, with Lord North, Sir Harry Goring, and others, were (as Lord Orrery was informed) going to do a rash Thing in Favour of the Pretender; but that he cannot be positive as to Lord Strafford: That he, Layer, wrote himself to the Pretender, concerning the Difference of Opinion which he observed in Lord North and Lord Orrery, about the Means of restoring him, and the Necessity there was that the Regent should permit General Dillon to come over here with some Foreign Forces.

"That he also drew up a Scheme of a Lottery, to have been opened here, in Favour of the Pretender; and enclosed the said Scheme in a Parcel, with some Silk Stockings, which he sent as a Present to the Pretender and his Spouse by Andrew Haye, who travelled to Italy with Alderman Barber: That he delivered this Parcel to Haye with his own Hands, who promised to convey it to Ellis, and said he could do it with Safety: That Haye, as he believes, understood the Stockings to be for the Pretender and his Spouse: That he likewise had some Discourse with Haye, about getting Copper Plates engraved at Rome, in English and Italian, for the Tickets of the said Lottery; and desired him to receive Sir William Ellis's Directions about it; which Haye promised to do: That, while he, Layer, was at Rome, Haye asked him, "Whether he would not see the King?" meaning the Pretender: And that the said Haye went frequently to the Pretender's Family, in the Way of his Business; and was, as he believes, present while the Pretender's and his Spouse's Pictures were drawn."

"Haye, being examined by the Committee, owned the Receipt of the Stockings; but denied their being delivered to him by Layer, or that he knew who they were for. He likewise owned the carrying a Packet to Belloni, the Banker, at Rome; which was brought to him by a Porter from Layer, as he supposed.

"Layer owns, "That Haye told him Belloni was the Pretender's Banker; but denies his sending any such Packet by Haye."

"And, in several other Particulars of their Examinations, they contradicted each other.

"A Scheme of the Lottery abovementioned (for raising 2,25,000 Pounds Sterling) having been found among the Papers of Walter Jefferyes, now in Custody, the Lords Committees thought proper to examine him, how he came by it. He owned his being acquainted with Layer and Plunket: "That he saw Layer about the Time of his going Abroad, and helped him to a Bill on a Banker at Antwerp;" but he denied his knowing from whom he received the said Scheme, or his having had any Conversation with any one about it; and said, "It might be put into his Hands by Plunket, for aught he knows; but that he was not sure he had ever read it; and, if he had known such a Paper had been in his Custody, he should have destroyed it."

"The Lords Committees being informed, "That Layer, between the Time of his delivering the larger and lesser Bundle of Papers to Mrs. Mason, had delivered to her a large Parcel, covered with Blue Paper, and sealed in several Places; and that he did, within a few Days after, take it back again; telling her, he wanted to carry it to Lord North and Grey's;" they examined Layer particularly on this Head; but he denied that he ever delivered her any such Bundle.

"The Lords Committees next proceeded to the Examination of John Plunket; who began with large Protestations of his Innocence; and offered, of himself, to account for Three Facts charged upon him in the Report, and to shew they were great Mistakes. The First was, his receiving a Letter from George Kelly; the Second, his receiving the Letter at Antwerp, signed "Dixwell;" and the Third, his receiving the Letter from the Pretender, taken at Mrs Creagh's. And as, in his Examination before the Committee of the House of Commons, he had fallen on the Expedient of substituting Hugh Thomas to personate Rogers; so now they found he had furnished himself with Three different Persons, at different Places, all of the Name of Plunket, to whom, he would have it believed, these Letters were written; without offering any the least Proof, or Circumstance of Probability, to shew that such Persons were at all concerned in those Letters, or that there ever were any such Persons in Being.

"The Letter from George Kelly, he said, was not writ to him, but to one Harry Plunket, who delivered it to him at Will's Coffee-house, Covent Garden; and that it related to some Money that was to be raised on a Security of Mrs. Barnes's.

"As to the Letter signed "Dixwell;" he said, "There were Two Clergymen of the Church of Rome, one or both of which travelled with him and Layer from Dover to Antwerp; that one of them went by the Name of Loyd, but his real Name was Plunket; that this Man dropped the Letter signed "Dixwell" at a Coffee-house; and he, John Plunket, taking it up, with a Design of restoring it to him in Lorrain (to which Place sometimes one and sometimes both of these Clergymen were gone), shewed it to Layer, who took it into his Head that this Letter had been writ to him John Plunket.

"The Letter from the Pretender, he said, fell into his Hands much in the same Manner: That there is one Father Plunkct at Rome, to whom the Pretender always writes, when any body is to be introduced to him. Being asked, "Whether Father Plunket travelled with Layer to Rome (because Mention is made in the Pretender's Letter of a Companion of Plunket's)?" He said, "The Pretender always called the Person that was to be introduced by Father Plunket his Companion; that this Father Plunket happening to shew him this Letter; and commending the Hand, he, John Plunket, said, "He had a Friend at Rome, that would be glad to see the Pretender's Hand-writing;" and Father Plunket having accordingly left the Letter with him, he shewed it to Layer, and forgot to return it to Father Plunket, who never called for it, having Fifty more Letters of the same Kind by him."

"Upon the Lords Committees asking him, "Whether he went by the Name of Rogers?" He said, "He went by several Names in his Travels, that he might not be imposed upon in his Reckonings, as the English generally are." Being asked, "Whether he took the Name of Rogers to prevent his being thought an Englishman?" He said, "That in Italy he was called Rogieri."

"They farther asked him, "Whether he had dictated any fictitious Names to Layer, or had mentioned any Thing to him of a Club?" To which he answered, "That he had given Layer the fictitious Name of Bedford, or Burford, for Lord Orrery, which Name he had from Neynoe: That one Night, being in Company with Layer and some Clergymen, whose Names he has forgot, the Discourse turning on the Protests of the Lords, and the Names that were subscribed to them, One of the Company said, "These are a loyal Club;" another said, "They are Jacobites;" and that he, Plunket, said, "There was a loyal Club of Eighty or Ninety Lords, that would stand in Defence of their Country."

"He further observed to the Committee, "That, in the Bill now depending before your Lordships, he is not mentioned by the Name by which he was baptized and confirmed." He said his Surname was Plucknet; but his Christian Name he declined telling; and seemed to place some Hopes and Confidence in this Subterfuge.

"The Committee, finding him trifle with them in this egregious Manner, asked him, in general, "Whether he had ever been in Conference with the Pretender, or had corresponded with him, or any of his Agents?" To which he answered in the Negative.

"The Committee next sent for George Kelly; who told them, "That, the Affair being soon to be brought before your Lordships, he desired to be excused from answering any Questions:" So that they had no Opportunity of examining him, as to the new Matters alledged against him in the Depositions of Mr. Philip Caryll and others.

"However, they thought it proper to send for the said Mr. Caryll; and to ask him, "Whether he had any Thing to add to, or retract from, his former Accounts." His Depositions being read over to him, he expressed himself very angry, and uneasy, at their being made public; and told the Committee, "He was not disposed to answer any farther Questions, being sorry for what he had said already." He likewise insinuated, "That what he had said had not been taken down exactly as he dictated it;" and seemed apprehensive, that he was called upon to accuse himself of Matters that might be prejudicial to him. But, upon the Committee's telling him that the most effectual Way he could take, to do himself Service, was to make a candid and ingenuous Discovery of the whole Truth, he said, "He had already given a candid Account, and hoped he should not have been a Sufferer for his Candour." Being asked, "Whether his Depositions had not been read over to him before he signed them?" He said, "They were; but that he was in a great Confusion at the Time they were taken." Being then required by the Committee to read them over himself, and to shew in what Particulars they vary from his Sense and Meaning, he grew more composed; and having read over the First, dated the 27th of March, said, "He believed it was right enough." In reading over the Second, dated the 29th of March, he said, "It was not strictly true, that Sir Harry Goring had told him what is there related, concerning an Invasion, Commission, &c.; but that it was true he had heard Sir Harry Goring say so: That, as to Lord Lansdown's being to land in the West, he could not be positive; but he thinks Sir Harry Goring said so." He said, "It was but a Supposition of his own, that the Discourse which occasioned the Bishop of Rochester's taking Sir Harry Goring by the Collar related to the Pretender's Affairs; but that he remembers very well Sir Harry Goring did affirm, that, on his saying the Words there recited ["This is rocking the Cradle indeed!], the Bishop did take him by the Collar; and that he, Caryll, did apprehend the said Discourse to have Relation to the Pretender's Affairs." He said, "It was about Two Years ago, that, being at Sir Harry Goring's, he saw a Letter lay on his Scrutore, directed "To Mr. Hore;" and, upon his asking Sir Harry who the said Letter was for, Sir Harry told him, "It was writ to himself." He said, "That the Words in his Deposition, which import, That he, Caryll, had Reason to believe Kelly and Sir Harry Goring were settling together a Key, at his House at North, by which they might correspond, are too strong; for that he, Caryll, did not see any such Key; only it was his Suspicion and Thought, at that Time, that they were framing such a Key."

"He likewise said, "That what relates to Boyce, in the said Deposition, is rather stronger than he meant it; for that Boyce only told him, "He was afraid the Servant he, Caryll, had sent to him, to help off, was Sample;" alledging this Reason, "That he had observed he was disguised; and that he was afraid he was somewhat like the Description given of Sample in the Proclamation." All the other Particulars of his Depositions he averred to be true; but said, "He had nothing farther to add; and that he would rather a Thousand Times die in Newgate, than be an Evidence."

"Boyce, being examined by the Committee, owned, That Sir Harry Goring went to France in his Yacht; and that a Servant went over with him, in a Black Wig, whom he had never seen with Sir Harry Goring before." But he utterly denied his having conveyed over any Person sent to him by Mr. Caryll; or his having had any Discourse with Caryll, about any Person's answering the Description of Sample.

"The Committee, having summoned before them William Beasing of Horn Dean, and having read to him his former Depositions, find that he retracts what he had there deposed on Oath, of Caryll and Sir Harry Goring's being in Company, at his House, with the Person who had but One Hand. He says, "Such a Person was at his House, with Two other Gentlemen; but that he now recollects Caryll and Sir Harry Goring were not there at that Time." Being asked, "Whether he had received any Letter, or Message, since his being in Custody, which had helped to set him right in this Particular?" he answered in the Negative.

"The Committee observe, from the Parts of Mr. Caryll's Depositions which he affirmed, that the Explication given to the Name of Hore, in the Report of the Committee of the House of Commons, as also the Decyphering of that Part of Kelly's Letter which mentions Hore's Commission, and the Conjecture of Goring's having carried over a new Cypher from Kelly to France, are very much confirmed. They likewise observe, that what is said in Glascock's Letter to Kelly, of the 20th/31st of October, concerning the Arrival of the little French Merchant mentioned by Kelly, and the Precaution they intend to use in relation to him, till some other appears with whom they may talk of Business more to the Purpose, has probably Relation to Sample's being got safe to France: And the Letter signed Fra. Philips, which Caryll owns he received from Kelly, not only confirms Kelly's writing by fictitious Names, but is a strong Argument of his being the Person that writ the Letter to Bonnaville of the 27th of September, and consequently the other Letters charged upon him in the Report: For as, in his Letter to Caryll, he says, "I have never heard a Syllable from your other Lawyer (Sir Harry Goring) since you and I were with him, which you'll say is pretty surprising, and am afraid very detrimental."— So, in that to Bonnaville (writ within Five Days of the other), he says, "I have not heard a Syllable from D. Gainer or G. Roberts since Mr. G. Sampson went, which has been a great Surprize, and I may say no small Detriment to some of their Friends."

"This Identity of Expression in Two Letters, writ so near the same Time, appears to be a farther Confirmation that the same Person writ them both; and confirms G. Sampson to be the same with the other Lawyer, which Caryll has explained to mean Sir Harry Goring.

"The Lords Committees also find, in the Papers referred to them, new Evidence of Kelly's visiting, writing to, and receiving Letters from, the Bishop of Rochester; as appears by Affidavits from the Persons who carried Kelly to the Bishop's House, and who also delivered Letters from him to the Bishop, and brought back the Bishop's Answers. And Mrs. Levett deposes on Oath, "That Mrs. Barnes has told her, Kelly received in One Day as many Letters from Abroad as came to Fourteen or Fifteen Shillings; the Directions of which she, Barnes, saw; but they were in such odd fictitious Names as no one could find out but Kelly, who had the Key: That, among those Letters, there was One for the Bishop of Rochester (as Kelly told her), which he was at that Time gone to deliver to the Bishop." And John Malone deposes, "That, among the Letters which he carried from Kelly to the Post, there were some directed to Waters, the Banker, at Paris;" under whose Cover it appears that most of the treasonable Letters were sent; and the original Letter in Kelly's own Hand, stopped at the Post-office, was enclosed in a Cover so directed.

"Mrs. Lovett farther deposes, "That Mrs. Barnes told her, under Secrecy, that the Dog sent from France was a Present from the late Lord Mar to the Bishop of Rochester's Lady;" which is, in some Measure, confirmed by the Draught of the Affidavit prepared for Birmingham at Paris, in which he is desired to swear, "That Lord Marr knew nothing of any such Dog;" and though this Affidavit does not appear to have been sent over by Kelly directly, yet express Mention is made, in the Letter to Gordon, that the said Affidavit is the Copy of a Note from the Person concerned, with the Substance of what he thinks requisite. This Circumstance of the Dog's having been sent by the late Lord Marr, which is not expressly alledged in any Part of the Report of the Committee of the House of Commons, is a new Confirmation that the Letter signed 918, which mentions the sending the Dog, is from Mar; and that Musgrave, to whom the Receipt of the Dog is acknowledged in Two several Letters, is likewise a Name denoting Mar, agreeably to what is asserted in the said Report.

"The Committee find, by Two Affidavits referred to them, that George Kelly, the last Time he was taken into Custody, offered the Woman of the House a Gold Watch, Forty Guineas in Money, and a Note for Forty Pounds more, to let him escape.

"The Committee have laid the Substance of these several Examinations together, as having some Reference to George Kelly.

"They likewise examined Mr. Dennis Kelly; who utterly denied his being advised with, or knowing any Thing relating to any Conspiracy. Several Papers, found in his Custody, being shewn to him; he denied his having ever seen them before, except when some of them were shewn to him at former Examinations.

"They next sent for Captain Pancier; and, having ordered his former Depositions to be read to him, asked him, "Whether he had any Thing to add to, or retract?" He affirmed every Part thereof to be true; and said, "He had only this farther Particular to add, That having lately seen George Kelly, as he was brought down to the House of Commons, he recollects that he has often seen him at the Gaming-tables with Skeene; and that Skeene and the said Kelly were intimately acquainted, as he is able to prove by several Witnesses of Credit."

"Skeene, being called in, and having heard Pancier's Depositions read over to him, owned, "That he was acquainted with Pancier, and had been in Company with him at several of the Times and Places mentioned in the said Depositions: That he was taken Prisoner in the Preston Rebellion; but is not related to Mar, nor has ever seen Mackintosh since he parted from him at Highgate." He owned, "He had had general Discourse with Pancier, relating to a Plot, and that Pancier had asked him several Questions about it, to some of which he, Skeene, assented, and to others not;" but he denied his having told Pancter any farther Particulars than were in the News Papers, or in the current Report of the Town. As, for Instance, when Pancier asked him, "Where the late Duke of Ormonde was?" he told him, "The News Papers said, he was at Corunna." But he positively denied his having ever mentioned to Pancier any particular Persons as concerned in the Conspiracy, or any of the particular Facts specified in his Depositions.

"He farther said, "He had Reason to believe that Pancier had sent to him, since his being in Custody, to advise him to make his Escape; for that one Gerrard Fitzgerald, having been walking with Pancier in The Park, came directly from thence to him, Skeene, at the Messenger's House, and advised him to make his Escape;" though he owned that Fitzgerald made no Mention of Pancier's having sent him any such Advice.

"Fitz Gerald, being sent for by the Committee, owned, "He had been to see Skeene; and, finding nobody at that Time in the House but a Woman, told Skeene, it would be an easy Matter for him to escape;" but he cleared Pancier from having sent any such Intimation or Advice. He farther said, "That Skeene told him, he did not know but he might have talked foolishly to Pancier; but that, if he had, Pancier was but a single Evidence;" or to that Effect.

"The Committee find, among the Papers referred to them, a Copy of the Orders which Arnold received from the Owners of the Ship Phineas, requiring him to follow the Directions of Roger Nowell (Halstead) during the Voyage; as also an Affidavit, by which it appears, that the said Halstead was to visit the Bishop of Rochester, and stayed an Hour at his House, a few Days before his setting out for Bilboa.

"They also find a very remarkable Letter, sent to One of the Secretaries of State by an unknown Hand, dated the 12th of February 1721–2, and enclosed in one dated the 31st of March; which First appears to be the Letter referred to in One of Neynoe's Examinations, as drawn up by Kelly and himself, and brought back to him corrected, as he believed, by the Bishop of Rochester.

"They likewise find a Paper, taken in Lord North and Grey's Study at Catlige, which contains several very extraordinary Reasonings on the Nature of Oaths; tending to prove, that the Oaths to the present Government are not obligatory; and that though the taking such Oaths is in itself unlawful, and a grievous Sin, as being inconsistent with prior Oaths or Obligations; yet neither the taking nor breaking them can, in Strictness, fall under the Denomination of Perjury.

"This is the Substance of what the Committee have been able to collect, from a careful Perusal of the Papers referred to them, and a long Examination of several of the Persons concerned; in some of whose Power, they have Reason to believe, it was to have made ample Discoveries, if they had been disposed to speak the Truth.

"And though the Lords Committees cannot reflect without Pity and Compassion on the misguided Zeal and wretched Infatuation of those Men, who rather choose to expose themselves to the greatest Dangers, than to discover the Authors or Accomplices of their Treasons; thereby declaring to the World, that the Leagues and Confederacies of private Villany are dearer and more sacred to them than the strongest Ties and Obligations of Society; yet the Committee make no Doubt but the Matters contained in the Report referred to them, and corroborated by the Result of their present Inquiry, will appear to your Lordships so clearly made out, that the Conspirators, sooner or later, will have Leisure to repent of the rash and impious Choice they have made, of being rather true to one another, than to God, their Consciences, and their Country."

His Grace also delivered in an Appendix, containing Examinations, Letters, and other Papers, referred to in the said Report.

Which Report, being read by the Clerk, was ordered to be taken into Consideration To-morrow, at Ten a Clock in the Forenoon; and the Lords to be summoned.

Ordered, That the Duke of Dorset do deliver to the Lord Chancellor the Trunk, with the Key, containing the original Papers, Letters, and Examinations, relating to the Conspiracy referred to in the said Report.

And his Grace delivered the same to the Lord Chancellor accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum quartum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Mercurii, 24^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dover and Rye Harbours, to repair, Bill:

The Duke of Wharton reported from the Lords Committees to whom the Bill, intituled, "An Act for compleating the Repairs of the Harbour of Dover, in the County of Kent, and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for compleating the Repairs of the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Fellows and Mr. Hiccocks:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Plunket's Pet. for further Time, rejected.

A Petition of John Plunket; praying, "In regard Counsel refuse to assist him in his Defence, chiefly by Reason of the Shortness of Time allowed for the instructing and preparing themselves for such the Petitioner's Defence, That the Second Reading of the Bill to inflict Pains and Penalties on him may be put off to a convenient Time," was presented to the House, and read.

And ordered to be rejected.

E. of Kinnoul's Complaint:

Stephen Whatley, in Custody of the Gentleman Usher of the Black Rod, for writing the News Paper called The Flying Post, or Post Master, from Thursday, April 18th, to Saturday, April 20th, 1723;" containing a Paragraph reflecting on the Earl of Kinnoul, "That Skeene declared that he was a Manager of the Conspiracy here;" was (according to Order) brought to the Bar.

Whatley examined:

And the said News Paper being shewed to him, he owned himself to be the sole Author thereof; but thought the Earl of Kinnoul was a Foreign Peer.

And being withdrawn:

It is Ordered, That the said Stephen Whatley be continued in the same Custody, during the Pleasure of this House.

Wilkins and Popping discharged.

Ordered, That W. Wilkins and S. Popping, the Printer and Publisher of the News Paper called "The Flying Post, or Post Master," be discharged out of Custody, paying their Fees.

Report relating to the Conspiracy:

The House (according to Order) took into Consideration the Report made from the Lords Committees to whom the Report and original Papers delivered by the House of Commons, at several Conferences, were referred; and who were empowered, by this House, to examine Christopher Layer, and such other Persons as they from Time to Time should think proper.

And the said Report being read:

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That this House is fully satisfied, and convinced, that a detestable and wicked Conspiracy has been formed, and carried on, for soliciting a Foreign Force to invade these Kingdoms, for raising a Rebellion, and inciting Insurrections in London, and divers other Parts of Great Britain; and even for laying violent Hands on the Sacred Person of His Majesty, and on his Royal Highness the Prince of Wales, in order to destroy our Religion and happy Constitution, by placing a Popish Pretender on the Throne.

Thanks of the House to the Lords Committees, for their Care and Fidelity concerning it:

Ordered, That the Thanks of this House be given, by the Lord Chancellor, to the said Lords Committees, for their having discharged the Trust in them reposed, with great Exactness, Care, Fidelity, and Candour.

Thereupon the Lord Chancellor, addressing himself to the Lords of the said Committee, gave them the Thanks of the House, in the Words following:

"My Lords who were of the Committee,

L. Chancellor's Speech to them:

"I am commanded by the House to give your Lordships the Thanks of this House, for your having discharged the Trust reposed in you, with great Exactness, Care, Fidelity, and Candour.

"My Lords,

"The Trust was as great as ever was reposed by this House in any of its Members: The Subject-matter of your Inquiry, a Conspiracy the most dangerous as well as detestable, big with Mischiefs of all Kinds, and destructive of every Thing that is valuable amongst us, carried on and managed in a new-devised Method, with the utmost Cunning as well as Wickedness, and covered with all the Disguises the most artful Dexterity could contrive; and which therefore required the greatest Penetration and Skill to lay open: And the Papers, some of them of such a Nature, that it was thought fit to refer them to your Lordships, locked up as they were, without reading them in the House.

"My Lords,

"Your Lordships have fully answered the Expectations the House entertained, when they pitched upon you for this Trust.

"Your Application, in going through so many Papers of affected and studied Obscurity; your Candour and Exactness, in examining the Persons concerned, or any Way capable of giving any Satisfaction, and in representing what they said; the Accuracy and Judgement of your Remarks; the Light you have so happily given to several Passages in the Report of the Committee of the Commons; which, though in themselves just, were yet liable to Cavils by such as were loth to have the Truth found out; give, I dare say, a sensible Pleasure to every Lord here, that has heard your Report read, and finds himself thereby enabled to form a Judgement with so entire Satisfaction to himself, concerning this abominable Work of Darkness, which the Actors have endeavoured to surround with impenetrable Obscurity.

"This noble Pleasure, of seeing the Truth notwithstanding so many Contrivances to hide it, and of being thereby enabled to come to right Resolutions in a Matter of such Importance, has very naturally and agreeably broke out into so unanimous a Resolution of returning the Thanks of this House to your Lordships, to whom they so much owe it: And, in Obedience to their Commands, I do, with particular Pleasure, give your Lordships the Thanks of this House, for your having discharged the Trust in your Lordships reposed, with great Exactness, Care, Fidelity, and Candour."

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Report from the Committee, and the Appendix thereunto, together with the Resolution of this House upon Consideration of the said Report, and the Order for giving the Thanks of this House to the said Lords Committees, and the Thanks given by the Lord Chancellor to their Lord ships, pursuant to the said Order, be printed and published; and that the Lord Chancellor do give Order for forthwith printing and publishing the same; and that no Person do presume to print the same, but such as shall be appointed by his Lordship.

Witnesses to attend, on Plunket's Bill:

Ordered, That Gregory Talbot, James Darcy, George Fitzgerald, John Blake, Dennis Kelly Junior, Charles Hamilton, John Butler, Samuel Smith, Thomas Richardson, Sir John Meers, Elizabeth Cooke, Sir Daniel Caroll, Conrade De Gols, Richard Maghan, John Notterville, Richard Coleman, Hannah Coleman, Thomas Maddox, John Geoghan, Marcellus Laroon, James Robinson, Elizabeth Clayton, Mrs. Jones, Mary Wilkinson, Elizabeth Pearce, Charles Keating, and Mathew Philips, be, and are hereby, required to attend this House, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," on Friday next, at Nine a Clock in the Forenoon.

Major Barnwell to be brought:

Ordered, That the Warden of The Fleet do bring Major Patrick Barnwell, now a Prisoner there, to this House, on Friday next, at Nine a Clock in the Forenoon, to be examined, as a Witness upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket."

To the Warden of The Fleet, or his Deputy.

Mathew Plunket to be brought, and Fairfax to attend:

Ordered, That Mathew Plunket be brought to this House on Friday next, at Nine of the Clock in the Forenoon; and that Blackerby Fairfax do then attend, to be examined, as Witnesses on the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket."

Witnesses on Plunket's Bill:

Ordered, That John Salt, William Leach, John Hill, Paul Girard, and John Alison, be, and are hereby, required to attend this House, to be examined, as Witnesses, upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," on Friday next, at Nine of the Clock in the Forenoon.

Witnesses on Kelly's Bill:

Ordered, That John Salt, William Leach, John Hill, Paul Girard, and John Alison, be, and are hereby, required to attend this House, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," on Monday next, at Nine of the Clock in the Forenoon.

Witnesses on Bp of Rochester's Bill.

Ordered, That John Salt, William Leach, John Hill, Paul Girard, and John Alison, be, and are hereby, required to attend this House, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester," on Thursday the Second Day of May next, at Nine a Clock in the Forenoon.

Plunket to be brought to the House:

Ordered, That the Constable of His Majesty's Tower of London, or, in his Absence, the Lieutenant or Deputy Lieutenant of the same, do bring John Plunket to this House on Friday next, at Nine of the Clock in the Forenoon.

To the Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Kelly's Pet. for Mr. Pratt to be assigned his Counsel, in he Room of Mr. Fazakerly:

Upon reading the Petition of George Kelly Clerk, Prisoner in The Tower of London; praying, "That John Pratt Esquire may be assigned Counsel for the Petitioner, in the Room of Nicholas Fazakerly Esquire, who is detained in Lancashire longer than was expected; and that he may have Access to the Petitioner in private:"

It is Ordered, That the said John Pratt be, and is hereby, assigned the Petitioner's Counsel, in the Room of the said Nicholas Fazakerly; and that he may have Access to the Petitioner in private, according to the Prayer of the said Petition.

Plunket's Bill, Lords to be summoned:

Ordered, That the Lords be summoned, upon the Second Reading of the Bill, intituled, "An Act to inflict Pains and Punishments on John Plunket;" and that the Counsel for and against the said Bill be called in on Friday next, at Ten a Clock.

Trunk containing the original Papers to be delivered to the Attorney General:

Ordered, That the Lord Chancellor do deliver the Trunk, with the Key thereof, containing the original Papers, Letters, and Examinations, relating to the Conspiracy, to His Majesty's Attorney General, in order to the making Use of such of the said Papers as shall be requisite.

Rail to be prepared below the Bar.

Ordered, That, for the better Conveniency of the Counsel and Agents for and against the Bills now depending, to inflict Pains and Penalties on John Plunket, George Kelly alias Johnson, and Francis Lord Bishop of Rochester, a Rail, or Partition, be forthwith made in this House, without the Bar, as shall be thought proper; and that the Lord Great Chamberlain be desired to give Directions to the Officers of His Majesty's Works for that Purpose.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Aprilis, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 25^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to the Lords proceeding to the Abbey Church, Westm'r, to solemnize this Day; being appointed by His Majesty for a Public Thanksgiving to Almighty God, for the Preservation of this Kingdom from the dreadful Plague with which the Kingdom of France was lately visited;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Veneris, 26^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Witnesses on Plunket's Bill:

Ordered, That John Sturt, John Everard, Mr. Vantack, Oliver Arton, Henry Latham, and Francis Armistead, be, and are hereby, required to attend this House immediately, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket."

Witnesses upon Kelly's Bill.

Ordered, That Margaret Kilburne, Anne Ellis, Edward Crofton, William Pickering, Browne, Jones, James Roche, Dennis Kelly, John Macnamara, John Eddowes, William Deborough, Mary Sturgis, Humphry Bailey, Neville, James Franks, Henry Duddell, William Ashley, Dorothy Kay, Benjamin Marshall, and Fitzgerald, be, and are hereby, required to attend this House, on Monday next, at Ten a Clock in the Forenoon, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson."

Ordered, That John Malone, Edward Bingley, Jane Barnes, and William Wood, being in Custody of One of His Majesty's Messengers, be brought to this House on Monday next, at Ten a Clock in the Forenoon, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson."

Thanks to Bp. St. Asaph, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Asaph, for the Sermon by him preached before this House, Yesterday, in the Abbey Church Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Plunket's Bill.

The Order of the Day, for hearing Counsel, before the Second Reading of the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," and for reading the said Bill a Second Time, being read:

The said John Plunket was brought to the Bar, by the Gentleman Usher of the Black Rod.

And the Counsel for the Bill were called in.

And the Counsel having opened the Nature of the Bill, and the Evidence to prove the Allegations in the Preamble thereof:

They then offered several Extracts out of several original Letters written by the King's Ministers abroad, and others, to the Secretaries of State here, to prove the Allegations in the First Part of the Preamble of the Bill, which recites a detestable Conspiracy against His Majesty's Person and Government.

And an Objection being made to the reading the said Extracts:

The Counsel and Prisoner were ordered to withdraw.

And being withdrawn:

The House took into Consideration, whether the said Extracts should be allowed to be read as Evidence.

And it being proposed, "That the original Letters might be produced:"

The Lord Viscount Townshend and the Lord Carteret informed the House, "That the said Extracts were Part of the Papers which had been laid before the House of Commons, and delivered by the Commons to this House; and that the original Letters from which they were transcribed contained several Particulars which it is not consistent with the Safety of the Public to divulge."

And the same Thing was declared concerning the Nature of the others, by several of the Lords Committees, to whom the Report and original Papers, delivered by the House of Commons at several Conferences, were referred; who informed the House, "That the said original Letters had been laid before them."

And the Counsel being again called in; and asked, What other Extracts they intended to offer in Evidence?"

And informing the House, "They intended not to offer any Extracts, but what were attested by the Secretaries of State, and are printed in the Appendix to the Report of the Committee of the House of Commons, appointed to examine Christopher Layer and others:"

And then withdrawing:

Some of the said Lords Committees gave the House an Account of their having examined the said Extracts with the said original Letters; and found the same to agree.

And, after Debate,

A Question was proposed, "That the Opinion of the Judges be asked, Whether Extracts out of Letters, written by the King's Ministers abroad, and others, to the Secretaries of State here, attested by the Secretaries of State, and examined by the Lords of the Committee, and found to agree with the Originals, offered to be produced to prove the First Part of the Preamble of the Bill, which recites a detestable Conspiracy, for the Purposes, in the Bill, could be read as Evidence in the Courts below, in any Prosecution against John Plunket?"

And Exception being taken to some Words in the said Question:

And the Question being put, "Whether these Words, ["attested by the Secretaries of State, and examined by the Lords of the Committee, and found to agree with the Originals,"] shall stand Part of the Question?"

It was Resolved in the Affirmative.

Then it was proposed, "That these Words, ["which Originals are yet extant, and remain in the Hands of the Secretaries of State, but contain Particulars which it is not consistent with the Safety of the Public to divulge, as hath been affirmed to this House by Two Secretaries of State and the Lords Committees,"] should be made Part of the Question."

It was agreed unto by the House.

Motion for a Question to be put to the Judges, whether Extracts of Letters could be admitted as Evidence in the Courts below against Plunket:

Then the Question was put, "That the Opinion of the Judges be asked, Whether Extracts out of Letters written by the King's Ministers abroad, and others, to the Secretaries of State here, attested by the Secretaries of State, and examined by the Lords of the Committee, and found to agree with the Originals; which Originals are yet extant; and remain in the Hands of the Secretaries of State, but contain Particulars which it is not consistent with the Safety of the Public to divulge, as hath been affirmed to this House by Two Secretaries of State and the Lords Committees, offered to be produced to prove the First Part of the Preamble of the Bill, which recites a detestable Conspiracy, for the Purposes in the Bill, could be read as Evidence in the Courts below, in any Prosecution against John Plunket?"

And it was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"Cardigan.
Anglesey.
Scarsdale.
Bruce.
Craven.
Guilford.
Aylesford.
Gower.
Lechmere.
Uxbridge.
Poulett.
Litchfield.
Berkeley of Stratton.
Fran. Cestriens.
Brooke.
Exeter.
Foley.
Compton.
Bathurst.
Weston.
Dartmouth.
Willoughby De Broke.
Masham."

Then a Motion was made, and the Question was put, "Whether the said Extracts shall be read, in Proof of the Allegations in the Preamble of the said Bill?"

It was Resolved in the Affirmative.

Protest against reading the Extracts in Proof.

"Dissentient.

"Strafford.
Scarsdale.
Craven.
Aylesford.
Cardigan.
Poulett.
Bruce.
Uxbridge.
Lechmere.
Fran. Cestriens.
Berkeley of Stratton.
Anglesey.
Bathurst.
Foley.
Litchfield.
Guilford.
Weston.
Gower.
Compton.
Brooke.
Dartmouth.
Willoughby De Broke.
Masham.
Exeter."

Then the Counsel and Prisoner were called in again.

And the Lord Chancellor acquainted them with the said Resolution.

And the Counsel producing several of the said Extracts:

Charles Delafaye Esquire and Anthony Corbiere were examined, upon Oath, to prove the said Extracts to be truly translated.

And the same were read.

Then the Counsel for the Bill offered, in farther Proof of the Conspiracy in general, an Examination of Philip Neynoe, since deceased, before some Lords of the Council.

And an Objection being made to the reading thereof; and some Proofs being heard concerning the same:

Counsel were ordered to withdraw; and the Prisoner was taken from the Bar.

Motion for an Amendments to the Question concerning Neynos Examination:

And a Question being stated, "That the Examination of Philip Neynoe, since deceased, before some of the Lords of the Council, in farther Proof of the Conspiracy in general, the Words following, ["but not taken upon Oath, nor signed by him,"] were proposed to be inserted, after the Words ["Lords of the Council"]:"

And the Question being put, "Whether those Words shall be made Part of the Question?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"Strafford.
Scarsdale.
Anglesey.
Cardigan.
Aylesford.
Bruce.
Gower.
Foley.
Craven.
Litchfield.
Brooke.
Dartmouth.
Compton.
Poulett.
Willoughby de Broke.
Fran. Cestriens.
Exeter.
Masham.
Weston.
Uxbridge."

Then the Question was put, "Whether the Examination of Philip Neynoe, since deceased, shall be read, in Proof of the Conspiracy in general?"

It was Resolved in the Affirmative.

Protest against Neynoe's Examination being read in Proof.

"Dissentient.

"Scarsdale.
Gower.
Cardigan.
Anglesey.
Strafford.
Dartmouth.
Aylesford.
Brooke.
Foley.
Bruce.
Willoughby De Broke.
Exeter.
Litchfield.
Weston.
Poulet.
Compton.
Masham.
Uxbridge.
Fran. Cestriens.
Craven."

Then the Counsel were called in; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted them with the said Resolution.

And the said Examination was read.

Then the Counsel for the Bill produced a Paper, intituled, "The Scheme taken amongst the Papers of Christopher Layer, attainted for the Crimes contained in the Preamble of the Bill."

And Hadley Doyley was examined, upon Oath, to prove the said Paper to be of the said Layer's Handwriting.

And the same was read.

Then Samuel Mayo and Enoch Mottram were examined, upon Oath, touching Captain Halstead's going to Bilboa, in the Ship Phineas, of Bristol, hired by him for Lisbon.

Then the Counsel for the Bill offered, in Evidence, a Letter to Dumville, with another therein enclosed, both dated "27^o April," and containing some Passages written in Cypher.

And Peter Thouvois was examined, upon Oath, to prove the same to be true Copies of the Originals, which were stopped at the Post-office, copied, and sent forward as directed.

And Edward Willes Clerk and Anthony Corbiere were sworn, and examined, to prove the said Letters truly decyphered.

And the said Letters were read.

Then a Cypher was offered in Evidence.

And Thomas Jones and Richard Coleman were examined, upon Oath, touching the same being taken at his the said Plunket's Lodgings, at the said Coleman's House.

And Charles Van Reidegg was examined, upon Oath, to prove the same to be Plunket's Hand-writing.

And the said Cypher was read.

The Counsel for the Bill offered in Evidence the Copies of Three Letters, which were made up in a Packet, and sent, enclosed in a Letter, dated "22d April, 1722," directed, "A Mr. Gordon le Fils, Banquier à Boulogne;" One, directed to Mr. Chivers, dated "April 20th, 1722," subscribed "T. Jones;" the 2d, to Mr. Musgrave, dated "April 20th, 1722," subscribed "T. Illington;" and the 3d, to Mr. Jackson, dated "April 20th, 1722," and subscribed "1378," containing several Passages in Cypher.

And Robert Clarke and Peter Thouvois were examined, upon Oath, as to their taking the said Copies from the original Letters, which were stopped at the Postoffice, and, when copied, were forwarded as directed.

An Objection was made to the reading the said Copies.

Whereupon the Counsel were ordered to withdraw; and the Prisoner taken from the Bar.

After Debate;

The Question was put, "Whether the said Copies of the said Letters shall be read?"

It was Resolved in the Affirmative.

Then the Counsel were called in again; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted them with the said Resolution.

And Edward Willes Clerk and Anthony Corbiere being examined, to prove the said Copies truly decyphered:

The said Copies were read.

Then the Counsel for the Bill produced an original Letter, stopped at the Post-office; directed "A Monsieur Monsieur Digby," dated "July 23d, 1722," and subscribed "Jo. Rogers."

And Charles Van Rcidegg being again called, to prove the same to be Plunket's Hand:

The Counsel for the Bill were asked, "If they had gone through their Evidence, in relation to the Conspiracy in general?"

They answered in the Negative.

Whereupon they were directed to withdraw; and the Prisoner was taken from the Bar.

It was proposed, "That the further Examination of the Evidence be adjourned till To-morrow Morning."

And the same being objected to:

A Motion was made,

And the Question was put, "That this House do now adjourn the further Examination of the Evidence, till To-morrow Morning, Nine a Clock?"

It was Resolved in the Negative.

The Counsel were called in again; and the Prisoner was brought to the Bar.

And the Counsel for the Bill were directed to proceed.

And the said Letter being shewn to Charles Van Reidegg; he was examined, to prove the same to be the Prisoner's Hand-writing.

And John Lefebvre was examined, upon Oath, to prove the same was stopped at the Post-office.

Then the said original Letter was read.

Then the Counsel for the Bill produced Plunket's Cypher Numeral; and the Copies of several Letters; one, directed to Digby, under Cover of "Mr. Arthur, Banker at Paris," dated "London, May 31st, 1722," subscribed "J. Rogers;" another, to Digby, dated "London, June 21st, 1722," subscribed "Jo. Rogers;" another, to Digby, under Cover, "To Mr. Waters, at "Paris," dated "London, July 4th, 1722," subscribed "J. Rogers;" another, to Digby, dated, "London, July 5th, 1722," subscribed "Jo. Rogers;" another, To Mr. Waters, to be delivered to Mr. Digby, at Paris," dated "August 16th, 1722," subscribed "J. Rogers;" and another, to Mr. Digby, at Paris, under Cover, "To Mr. Waters," dated "London, August 23d, 1722," and subscribed "J. Jones."

And John Lefebvre and Peter Thouvois were examined, to prove the same to be true Copies of the Originals, which were stopped at the Post-office, and copied, and sent forward as directed.

And the said Copies were read.

Then the Counsel for the Bill produced Three Papers; (videlicet,) a foul Draught, written by James Plunket; 2d, a foul Draught, and Heads of a Letter, written by James Plunket; and the 3d, a Draught of a Letter from Plunket to Mr. Jackson, dated "March 22d, 1721," to prove his having had a Correspondence with the Pretender.

And Charles Van Reidegg was examined, to prove the same to be the Prisoner's Hand-writing.

And Daniel Chandler was examined, upon Oath, to prove the same to have been taken among the said Plunket's Papers.

And the said Papers were read.

The Counsel for the Bill produced an original Letter, subscribed "James R." directed "For Mr. Plunket," dated "Thursday Morning," said to be seized in Isabella Creagh's Lodgings.

And the said Daniel Chandler was examined, to prove the same to be seized, with several other Papers, in the Lodgings of the said Mrs. Creagh, in a Packet there found.

And Mary Faghan Servant to the said Isabella Creagh, and the said Isabella Creagh, were also examined, upon Oath, to prove the said Packet to be left there by the Prisoner.

Then the said Letter was read.

Mathew Plunket was examined, upon Oath, as to what Conversation he had at any Time with the Prisoner at the Bar.

The Counsel for the Bill produced a Copy of the Record of the Attainder of Christopher Layer.

And Nicholas Paxton was examined, upon Oath, to prove the same to be a true Copy.

And the same was read.

Then Blackerby Fairfax, a Physician, was examined, upon Oath, as to his Knowledge of the Prisoner at the Bar, and what Conversation he had with him at any Time.

Then the Counsel were ordered to withdraw; and the Prisoner was taken from the Bar.

It is Ordered, That this House will, To-morrow Morning, proceed further on the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket."

Plunket remanded.

Ordered, That the said John Plunket be remanded to The Tower of London; and be brought again to this House To-morrow, at Ten a Clock in the Forenoon.

Ordered, That the several Persons who were ordered to attend, or to be brought to the House, this Day, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," do attend, and be brought again, To-morrow, at Ten a Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum septimum diem instantis Aprilis, hora decimá Auroræ, Dominis sic decernentibus.

Die Lunæ, 30^o Martii, 1724, hitherto examined by us,

Findlater.
Falmouth.
Hu. Bristol.
Jo. Norwich.
Delawarr.

DIE Sabbati, 27^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Witnesses on Plunket's Bill:

Ordered, That Anne Smith, Peter Bath, Dennis Bray, Mathew Fox, James Nugent, Alice Peirce, and Anselma Vandenburgh, be, and are hereby, required to attend this House immediately, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket."

Plunket's Bill:

This Day being appointed, to proceed further on the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket:"

The Counsel were called in.

Plunket at the Bar.

And the Prisoner was brought to the Bar, by the Gentleman Usher of the Black Rod, accompanied by his Solicitor.

And the Prisoner was directed to proceed in his Defence.

Who alledged, "That he was not heard at the House of Commons against the said Bill; and that therefore the Proceedings against him there were irregular;" and prayed, "That Charles Hilton Esquire may be assigned his Counsel, to assist him in his Defence."

It was Ordered, That the said Charles Hilton be assigned the Prisoner's Counsel, as desired.

Who, attending, was called in, and acquainted therewith.

And then informed the House, "That he is altogether unacquainted with the Merits of the Cause; but comes prepared to speak to One Point only, (videlicet,) That the Proceedings in the House of Commons were irregular."

Whereupon the Lord Chancellor acquainted him, That, if he had any Thing else to offer in the Prisoner's Defence, he might now proceed; but that he was not to object to the Proceedings of the House of Commons."

But he acquainted the House, "That he was unprepared to speak to any other Point."

And withdrew.

And then the Prisoner was directed to proceed.

And thereupon he desired, "That Anne Cooke might be called in."

Which was done.

And she was examined, upon Oath, touching Layer's Scheme; in order to invalidate the Character of Mrs. Mason, in whose Custody the same was found.

Counsel were directed to withdraw; and the Prisoner was taken from the Bar.

It was agreed, that the Counsel and the Prisoner be called in again; and acquainted, "That, if the Prisoner has any Observations to make on the Evidence produced by the Counsel for the Bill, as being weak, or not affecting him, he is at Liberty to object thereto; and that his Solicitor may explain any Thing for him, and otherwise assist him: But that it is peremptorily expected he should proceed; and that he is to state what Facts he calls Witnesses to."

Then the Counsel for the Bill were called in; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted the Prisoner with the Pleasure of the House.

Accordingly,

Thomas Maddox, Conrade De Gols, Samuel Smith, and John Sturt, were severally examined, upon Oath, as to the Difficulty of proving Hands by Similitude.

Mathew Philips, Mathew Fox, and Keating, were examined, upon Oath, touching the Character of Mathew Plunket.

Some other Witnesses being called, and not attending:

Counsel were directed to withdraw; and the Prisoner was taken from the Bar.

The House was adjourned during Pleasure.

The House was resumed.

The Counsel were called in; and the Prisoner was brought to the Bar, and directed to proceed.

Then Major Barnwell and Anne Smith were severally examined, upon Oath, touching the Character of Mathew Plunket.

Anselma Vandenburgh was examined, upon Oath, touching the Character of Charles Van Reidegg.

And the Prisoner desiring. "That the Examinations of Isabella Creagh, in the Appendix to the Report of the Committee of the House of Commons, relating to a Letter supposed to be the Pretender's Hand-writing, signed "James R." and directed to John Plunket, might be read:"

The said Examinations were read accordingly.

And the Prisoner desiring further Time to produce his Witnesses, and to remark on the Evidence:

Counsel were directed to withdraw; and the Prisoner was taken from the Bar.

And a Motion being made, "That the further Consideration of the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," be adjourned till Monday next, at Ten a Clock:"

It was, upon the Question, Resolved in the Negative.

Then the Counsel were called in; and the Prisoner was brought to the Bar.

And the Prisoner was directed to proceed.

James Nugent was examined, upon Oath, touching the Character of Charles Van Reidegg.

And the Prisoner having gone through his Evidence; and he and his Solicitor having been fully heard:

The Counsel for the Bill were heard in Reply; and desired Leave to examine some Witnesses, to the Characters of Mathew Plunket and Charles Van Reidegg.

Then William Lighthoun, John Staveling, Colonel Richard Manning, and Captain John Leighton, were severally examined, upon Oath, to justify the Character of Mathew Plunket.

And Paul Girard, John Hill, and William Leech, were severally examined, upon Oath, to justify the Character of Charles Van Reidegg.

Captain Marcellus Laroon was examined, upon Oath, to prove he advised the Prisoner to make his Defence in the House of Commons; and offered to write a Petition for him for that Purpose; and that the Prisoner declined it.

Then the said Bill was read a Second Time, in the Presence of the Prisoner.

And he being asked, "If he had any Thing further to offer?" answered, "That he conceived the said Bill to be too general, and can make no proper Defence."

Thereupon the Counsel were directed to withdraw; and the Prisoner was taken from the Bar.

Plunket remanded.

It is Ordered, That the said John Plunket be remanded to The Tower of London.

A Motion was made, "That the Bill, intituled, "An Act to inflict Pains and Penalties on John Plunket," be read the Third Time on Monday next, at Ten a Clock."

And a Question being put thereupon;

It was Resolved in the Affirmative.

Ordered, That the Lords be summoned on the Third Reading of the said Bill; and that the Judges do then attend.

Kelly's Bill:

Whereas Monday next is appointed, for the Second Reading of the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned; and that the Judges do then attend.

Kelly to be brought.

Ordered, That the Constable of His Majesty's Tower of London, or, in his Absence, the Lieutenant or Deputy Lieutenant of the same, do bring George Kelly, alias Johnson, to this House, on Tuesday next, at Ten a Clock in the Forenoon.

To the Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Witnesses to attend.

Ordered, That the several Persons who were ordered to attend, or to be brought, on Monday next, to be examined upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," do attend, and be brought, on Tuesday next, at Ten a Clock in the Forenoon.

Mr. Harcourt & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Simon Harcourt of Pendley in the County of Hertford Esquire, Henry Harcourt Esquire, Eldest Son and Heir Apparent of the said Simon Harcourt, and Grandson and Heir at Law to Sir Richard Anderson Baronet, deceased, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Rich'd Anderson Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts; and for other Purposes therein mentioned."

Gayer versus Co. Anglesey & al.

Whereas, by Order of this House, of the Twentieth of March last, Henry Gayer, One of the Respondents to the Appeal of Robert Gayer Esquire and Robert Gayer Junior, his only Son, had further, Time allowed, to put in his Answer to the said Appeal, till the First of April following; which he has neglected to do, though duly served with the said Order for that Purpose:

An Affidavit of such Service, made by Thomas Jones, was now read.

It is Ordered, That the said Respondent Henry Gayer do peremptorily put in his Answer to the said Appeal, by this Day Sevennight.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Aprilis, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 29^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Witnesses upon Bp. of Rochester's Bill:

Ordered, That the Lieutenant of His Majesty's Tower of London, or, in his Absence, the Deputy Lieutenant of the same, do bring Thomas Grant and Joseph Beauchamp to this House on Thursday next, at Ten a Clock in the Forenoon, to be examined upon the Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester."

To the Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Ordered, That Samuel Stean, Thomas Farmden, William Wood, Jane Barnes, and Mr. Skeen, being in Custody, be brought to this House on Thursday next, at Ten a Clock in the Forenoon, to be examined upon the Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester."

Ordered, That Elizabeth Higginson, Margaret Musgrave, Maria Burgess, John M^cClatchey, Susannah Harvey, Sarah Jones, Mr. Alex'r Pope, the Reverend Harington Bagshaw, the Reverend Rowland Johnson, the Reverend Doctor Wall, the Reverend Mr. Davis, the Reverend Doctor Charles Aldrich, William Pickering, Mr. Browne, Dennis Kelly Junior, James Roache, John M^cnamara, Erasmus Lewis, Edward Crofton, Thomas Atkins, Thomas Long, Charles Lowe, Charles Delafay, Mr. Steward, Mr. Gordon, and John Lawson, be, and are hereby, required to attend this House on Thursday next, at Ten a Clock in the Forenoon, to be examined, upon the Bill, intituled, "An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester."

Witnesses upon Kelly's Bill.

Ordered, That Hadley Doyley and Mrs. Philips be, and are hereby, required to attend this House To-morrow, at Nine a Clock in the Forenoon, to be examined, as Witnesses upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," before the Second Reading of the said Bill.

Harcourt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Richard Anderson Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following; videlicet,

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

Eyre versus Daly.

The House being moved, on the Behalf of Loghlin Daly Gentleman, Respondent to the Petition and Appeal of John Eyre Esquire, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Two and Twentieth Day of May next, at Eleven a Clock.

Plunket's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to inflict Pains and Penalties on John Plunket."

It is Ordered, That the Opinion of the Judges be asked, "Whether, if John Plunket shall, after the passing of this Bill, be indicted for the Treasons with which he stands charged in this Bill, he can plead this Act in Bar of such Indictment?"

And thereupon the Lord Chief Justice of the Court of King's Bench, in the Name of all the Judges who had consulted together, delivered their unanimous Opinion, "That, if the said Bill should pass into a Law, he may plead the same in Bar of such Indictment."

Then a Motion was made,

And the Question was put, "That the Opinion of the Judges be asked, Whether, if One Witness proving an overt Act of High Treason to be done by John Plunket, and another Witness proving a Letter to be his Hand, which, if written by him, amounts to another overt Act of the same Treason, make Two legal Witnesses to prove John Plunket guilty of High Treason?"

It was Resolved in the Negative.

And, after long Debate,

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, Because Bills of this Nature, as we conceive, ought not to pass but in Case of evident Necessity, when the Preservation of the State plainly requires it; which we take to be very far from the present Case, the Conspiracy having been detected so long since, and the Person accused seeming to us very inconsiderable in all respects, and who, from the many gross Untruths it now appears he has wrote to his Correspondents Abroad, must appear to have been an Impostor and Deceiver even to his own Party.

"2dly, Proceedings of this Kind, tending to convict and punish, are in their Nature, though not Form, judicial; and do let the Commons, in Effect, into an equal Share with the Lords in Judicature; which the Lords ought to be very jealous of doing, since the Power of Judicature is the greatest distinguishing Power the Lords have: And there will be little Reason to hope that, if Bills of this Nature are given Way to by the Lords, the Commons will ever bring up Impeachments, or make themselves Accusers only, when they can act as Judges.

"3dly, This Bill, in our Opinion, differs materially from the Precedents cited for it. As to the Case of Sir John Fenwick; it is plain, by the Preamble of that Bill, that the Ground most relied on to justify proceeding against him in that Manner was, that there had been Two legal Witnesses proving the High Treason against him; that a Bill was found against him on their Evidence, and several Times appointed him for a legal Trial thereon, in the ordinary Course; which he procured to be put off, by undertaking to discover, till One of the Evidences withdrew; so that it was solely his own Fault that he had not a legal Trial by Jury: All which Circumstances not being in the present Case, we take it they are not at all to be compared to one another.

"4thly, As to the Acts which passed to detain Counter and others, concerned in the Conspiracy to assassinate the late King William, of Glorious Memory; we conceive, those Acts were not in their Nature Bills of Attainder, as this is; but purely to enable the Crown to keep them in Prison, notwithstanding the Laws of Liberty: Whereas this is a Bill to inflict Pains and Penalties, and does import a Conviction and Sentence on the Prisoner, not only to lose his Liberty, but also all his Lands and Tenements, Goods and Chattels; of which he having none, as we believe, we cannot apprehend why it was inserted, and this Bill not drawn on the Plan of Counter's, &c. unless it was to make a Precedent for such Forfeitures in Cases of Bills which may hereafter be brought, to convict Persons who have great Estates, upon Evidence which does not come up to what the Law in Being requires.

"5thly, If there be a Defect of legal Evidence to prove this Man guilty of High Treason, such Defect always was; and, we think, if Bills of this Nature, brought to supply original Defects in Evidence, do receive Countenance, they may become familiar; and then many an innocent Person may be reached by them; since it is hard to distinguish, whether that Defect proceeds from the Cunning and Artifice, or from the Innocence, of the Party.

"6thly, This Proceeding by Bill does not, in our Opinions, only tend to lay aside the Judicial Power of the Lords, but even the Use of Juries, which distinguishes this Nation from all its Neighbours, and is of the highest Value to all who rightly understand the Security and other Benefits accruing from it: And whatever tends to alter or weaken that great Privilege, we think, is an Alteration of our Constitution for the worse, though it be done by Act of Parliament; and if it may be supposed that any of our fundamental Laws were set aside by Act of Parliament, the Nation, we apprehend, would not be at all the more comforted from that Consideration, that the Parliament did it.

"7thly, It is of the Essence of natural Justice, as we think, but it is most surely the Law of the Realm, that no Person should be tried more than once for the same Crime, or Twice put in Peril of losing his Life, Liberty, or Estate: And though we acquiesce in the Opinion of the Judges, "That, if this Bill pass into a Law, Plunket cannot be again prosecuted for the Crimes contained in the Preamble of the Bill;" yet it is certain that, if a Bill of this Kind should happen to be rejected by either House of Parliament, or by the King, the Person accused might be attacked again and again, in like Manner, in any subsequent Session of Parliament, or indicted for the same Offence, notwithstanding that either House of Parliament should have found him innocent, and not passed the Bill for that Reason: And we conceive it a very great Exception to this Course of Proceeding, that a Subject may be condemned and punished, but not acquitted by it.

"8thly, We think it appears in all our History, that the passing Bills of Attainder, as this we think in its Nature is (except as before is said in Cases of absolute and clear Necessity), have proved so many Blemishes to the Reigns in which they passed; and therefore we thought it our Duty in Time, and before the passing this Bill as a Precedent, to give our Advice and Votes against the passing it, being very unwilling that any Thing should pass, which, in our Opinions, would in the least derogate from the Glory of this Reign.

"9thly, We apprehend it to be more for the Interest and Security of His Majesty's Government, that Bills of this Nature should not pass, than that they should; since Persons who think at all cannot but observe, that in this Case some Things have been received as Evidence, which would not have been received in any Court of Judicature; that Precedents of this Kind are naturally growing (as we think this goes beyond any other which has happened since the Revolution); and if from such like Observations they shall infer, as we cannot but do, that the Liberty and Property of the Subject becomes by such Examples in any Degree more precarious than they were before, it may cause an Abatement of Zeal for a Government founded on the Revolution, which cannot, as we think, be compensated by any the good Consequences which are hoped for by those who approve this Bill.

"Scarsdale.
Craven.
Willoughby de Broke.
Poulett.
Strafford.
Foley.
Cowper.
Berkeley of Stration.
Bathurst.
Aylesford.
Gower.
Anglesey.
Bruce. Litchfield.
Guilford.
Weston.
Dartmouth.
Hay.
Ashburnham.
Lechmere.
Masham.
Cardigan.
Brooke.
(fn. 2) Uxbridge.
Exeter.
Compton.
Bingley.
Osborne.
Fran. Cestriens.
Oxford & Mortimer.
Montjoy.
(fn. 2) Uxbridge.
Trevor."

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Edwards:

To acquaint them, that the Lords have agreed to the aforesaid Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Aprilis, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 30^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Stawell takes the Oaths.

This Day William Lord Stawell came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Delpech to attend upon Kelly's Bill:

Ordered, That Isaac Delpech be, and is hereby, required to attend this House immediately, to be examined upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson."

Witnesses upon Kelly's Bill:

Ordered, That John Lefebvre and Anne Ellis be, and are hereby, required to attend this House immediately, to be examined as Witnesses, upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," before the Second Reading of the said Bill.

Kelly's Bill:

The Order of the Day, for hearing Counsel and Witnesses, as well for as against the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," and for reading the said Bill a Second Time, being read:

Kelly at the Bar:

The said George Kelly, alias Johnson, was brought to the Bar, by the Gentleman Usher of the Black Rod:

And Counsel for and against the Bill were called in.

And Mr. Reeves and Mr. Wearg having opened the Nature of the Bill, and the Evidence to prove the Allegations in the Preamble thereof:

They then offered several Extracts of several Original Letters, written by the King's Ministers Abroad and others, to the Secretaries of State here, to prove the Allegations in the First Part of the Preamble of the Bill, which recites a detestable Conspiracy against His Majesty's Person and Government.

And Sir Constantine Phipps and Mr. Prat, of Counsel with the said Kelly, objecting to the reading the said Extracts:

The Lord Chancellor acquainting them with the Resolution of this House, touching the said Extracts the 26th Instant, in the Proceedings upon the Bill against John Plunket:

And the same being read;

And the Counsel against the Bill still objecting to the reading the said Extracts:

The Counsel were ordered to withdraw; and the Prisoner was taken from the Bar.

And it was agreed, they be called in again, and directed to proceed; and that the Lord Chancellor do acquaint them, "That their Lordships have had full Satisfaction of the Truth of those Extracts, upon another Occasion."

The Counsel were called in again; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted them therewith; and directed the Counsel for the Bill to proceed.

Then Charles Delafaye Esquire was examined, upon Oath, to prove the said Extracts to be truly translated; videlicet, An Extract of a Letter from Sir Luke Schaub to the Lord Carteret, dated "Paris, 30th April, 1722, N. S." A Paper enclosed in Sir Luke Schaub's Letter to Lord Carteret. An Extract of a Letter from Rome, dated "May 4th, 1722, N. S." An Extract of a Letter from Sir Luke Schaub to Lord Carteret, dated "Paris, 29th April, 10th May, 1722." Extract of a Letter from Sir Luke Schaub to Lord Carteret, dated "Paris, May 13, 1722." A Letter from Mr. Crawford to Lord Carteret, dated "Paris, May 27th, 1722, N. S." An Extract of a Letter from Mr. Crawford to Lord Carteret, dated "Paris, June 7th, 1722, N. S." Also, an Extract of a Letter from Colonel Stanhope to Lord Carteret, dated "At Madrid, June the 8th, 1722, N. S."

And the said several Letters and Extracts of Letters were read.

Then Anthony Corbiere was examined, upon Oath, to prove the Translation of a Letter directed "To the Marquis of Grimaldo," dated "At Madrid, 6th of June, 1722," and subscribed, "W'm Stanhope;" also the Translation of a Letter directed "To Colonel Stanhope," dated "At Balsain, 7th June, 1722," and subscribed "The Marquis de Grimaldo," written in Spanish.

And the said Letters were read.

Then the Counsel for the Bill offered in Evidence, for further Proof of the Conspiracy in general, a Scheme, said to be Layer's Scheme.

Hadley Doyley was examined, upon Oath, to prove the said Scheme to be of the Hand-writing of Christopher Layer.

And the same was read.

Then Samuel Mayo was examined, upon Oath, to prove, that the Ship Phineas of Bristol was hired to go to Lisbon, under the Direction of Captain Charles Halstead, who went by the Name of Roger Nowell; but went directly to Bilboa with the said Halstead.

Then the Counsel for the Bill offered in Evidence the Copy of a Letter, directed "To Mr. Dumville, an Attorney," enclosed in a Letter directed, "To Mr. Thomas Wilmore, at Mr. Stokoe's, a Bookseller, at Charing Cross," dated "April 27th;" with that of the enclosed, being a Copy of O—'s Letter to L—, dated "April 27th."

Then Peter Thouvois was examined, upon Oath; and proved them to be true Copies of the Originals, which were stopped at the Post-office, and copied, and sent forward as directed.

And Anthony Corbiere and Edward Willes Clerk were sworn, and examined, to prove the said Letters truly decyphered.

And the Counsel and Prisoner objecting to the reading the said Copies so decyphered:

They were directed to withdraw.

And being withdrawn:

It was agreed, that the said Copies should be read.

Then the Counsel were called in; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted them therewith.

And the said Copies were read accordingly.

Then the Counsel for the Bill offered in Evidence a Cypher of fictitious Names, found amongst John Plunket's Papers.

And Charles Van Reidegg was examined, upon Oath, to prove the said Cypher to be of the Hand-writing of the said John Plunket.

And the same was read.

Then the Counsel for the Bill offered in Evidence Three Letters; the First, directed to Digby, dated London, May 21, 1722," under Cover of "Mr. Waters, Banker at Paris," subscribed "J. Rogers;" the Second, directed to Digby, dated "London, May 31st, 1722," under Cover of "Mr. Arthur, Banker at Paris," subscribed "J. Rogers;" and the Third, directed to Digby, dated "London, July 4th, 1722," under Cover of Mr. Waters, at Paris, and subscribed J. Rogers."

Then Robert Clarke, Peter Thouvois, and John Lefebvre, were severally examined, upon Oath, to prove the same to be true Copies of the Originals, which were stopped at the Post-office, and copied, and sent forward as directed.

And the said Copies were read.

Then John Crawfurd was examined upon Oath, to prove that Philip Neyno was drowned, in endeavouring to make his Escape out of the House of a Messenger in whose Custody he was, and the Manner of it.

The Counsel for the Bill offered to produce an Examination of Philip Neyno, being an Extract made by Mr. Delafaye from Three Papers; One given in by Philip Neyno, and the other Two being Minutes of Neyno's Examination.

And Charles Delafaye Esquire was examined, upon Oath, touching the said Extract.

And the said Examination being shewn to the Lord Viscount Townshend and the Lord Carteret, in order to their giving Satisfaction to the House concerning the same:

And the Counsel against the Bill submitting it to the Judgement of the House, "Whether the said Lords ought not to be examined on Oath thereupon:"

The Counsel were ordered to withdraw; and the Prisoner was taken from the Bar.

And being withdrawn:

And some Proceedings being read out of the Journals, touching Examinations of Lords upon Honour or Oath:

It was agreed, that the Lord Viscount Townshend and Lord Carteret be examined upon Honour, touching the Paper, intituled, "The Examination of Philip Neyno."

Then the Counsel were called in; and the Prisoner was brought to the Bar.

And the Lord Chancellor acquainted them therewith.

And the Lord Viscount Townshend and the Lord Carteret severally declared, upon their Honour, "That the said Examination was produced before a Committee of Council, and there read over to Neyno; and that he Twice acknowledged the same to be true."

And afterwards, the Counsel for the Prisoner objecting to the reading the said Paper:

The Counsel and Prisoner were directed to withdraw.

And being withdrawn:

After Debate;

The Question was put, "Whether the said Extract, intituled, "The Examination of Philip Neyno," shall be read?"

It was Resolved in the Affirmative.

The Counsel and Prisoner were called in again.

And the Lord Chancellor acquainted them with the said Resolution.

Then the said Paper was read.

The Counsel for the Bill produced a Letter, stopped at the Post-office, dated, "August 20th, 1722," directed, "A Monsieur Maisonneuve," under Cover, "A Monsieur Mons'r Waters, Banquier à Paris."

And John Lefebvre was examined, touching the stopping the same.

Which Letter being shewn to John Hutchins; he testified, upon Oath, "That, to the best of his Knowledge, the same was of Kelly's Hand-writing; he having seen the said Kelly write several Times, particularly to the Lord Viscount Townshend."

Whereupon a Letter from the said Kelly to his Lordship, and another to Mr. Delafaye, on the Subject of his the said Kelly's procuring Bail, were read.

And John Malone, being likewise examined, declared, He believed the said Letter, of the 20th of August, was of Kelly's Hand-writing; he having several Times carried Letters, superscribed by him, to the Postoffice, and elsewhere."

And further Examination being had, at the Instance of the Prisoner's Counsel, in order to discredit the Testimony of the said Malone, and to disprove the last mentioned Letter to be the Hand-writing of the said Kelly:

The said Letter was read.

And then the Counsel were directed to withdraw.

And the Prisoner being taken from the Bar:

Ordered, That the further Consideration of the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," be adjourned till Tomorrow, at Ten a Clock in the Forenoon; and the Lords to be summoned; and the Judges to attend.

Kelly remanded:

Ordered, That the said George Kelly, alias Johnson, be remanded to The Tower of London, and be brought to this House again To-morrow, at Ten a Clock in the Forenoon.

Witnesses again to be brought and attend.

Ordered, That the several Persons who were ordered to attend, or to be brought, this Day, to be examined upon the Bill, intituled, "An Act to inflict Pains and Penalties on George Kelly, alias Johnson," do attend, and be brought to the House, To-morrow, at Ten a Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Maii jam proxim. sequent. hora decima Auroræ, Dominis sic decernentibus.