House of Lords Journal Volume 17: 28 March 1704

DIE Martis, 28 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny, Desertion, and false Musters; and for better paying of the Army and Quarters, and for satisfying divers Arrears; and for a further Continuance of the Powers of the Five Commissioners for examining and determining the Accompts of the Army."

After some Time, the House was resumed.

And the Lord North reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Admiralty Papers:

ORDERED, That the said Bill be read the Third Time To-morrow, at Twelve a Clock.

Report of Mason's Letter, in relation to the Treatment of English Prisoners in France.

The Earl of Rochester reported from the Lords Committees, appointed to take into Consideration the Papers received from the Admiralty, to whom was referred the Consideration of a Letter from Stephen Mason to the Lord Wharton, relating to the ill Usage of English Prisoners in France, and their long Detention there, through the Negligence of the Commissioners for Exchange of Prisoners not sending Transports duly for them, as followeth; (videlicet,)

"That their Lordships, on Consideration of the said Letter, have been informed, on the Oaths of several Persons, who have lately been Prisoners in France, and who some of them purchased their Liberty at great Rates, "That several English Prisoners there, through long Imprisonment, and the Hardships they underwent therein, put themselves into the French King's Service, and into French Privateers, alledging they would rather do so than die in Prison; and some others had likewise done so, had they not been furnished with Money by one of the Informants, who, in near Three Months he was Prisoner at Dinant, believes there died there more than Sixty Prisoners;" and by another of them, "That he had an Account, that near Three Hundred died there in Four Months, between the Return of the Transport Vessels;" and by another of them, "That in August last, when he was a Prisoner at Martineco, there were between Seventy and Eighty Ships, belonging to Her Majesty's Subjects, that had been taken by the French, and about Two Hundred Prisoners."

"That their Lordships have likewise heard the Commissioners for Exchange of Prisoners, to the said Complaints; who, in Answer to them, said, "They never had any Complaint made to them by any Prisoner, after his Return, of bad Usage in France; nor did they ever hear that any of them gave Money for his Ransom; but, upon Notice given by One of their Agents (who had frequent Orders to inquire into the Usage of Prisoners), that the French did not make sufficient Allowance to their Prisoners, the said Commissioners reduced the Allowance to the French Prisoners from 5 d. to 3 d. per Diem, till they were certified from the Prisoners there, that they had their Allowance raised to what it had been here.

"That they constantly, Once in Three Weeks, after the Return of a Vessel sent for Prisoners, sent another on the same Errand, except after the great Storm in November last, which, with the Privity of a Principal Secretary of State, they forebore to do just at that Time, lest Intelligence should be thereby carried of our great Losses in Men and Shipping."

"They produced the Instructions they gave to, and the Securities they took of, the Masters of the Transports they employed, to provide good Vessels and sufficient Entertainment aboard for the French and English Prisoners, without demanding any Thing of them for the same. And their usual Course, in the Exchange of Prisoners, was, to return Man for Man, and Quality for Quality; and to bring Home first the Sick, Wounded, and Aged, who could least endure the Hardships of Imprisonment; then those that had been longest Prisoners; in the next Place, those that had been taken in Her Majesty's Ships; and after them, those taken in Merchant-men; and, in the last Place, the Men taken in Privateers. At the Time of this Examination, they said, "There were few more than Two Hundred of the English Prisoners in France, who were then sent for; and that there were now more than Two Thousand French Prisoners in England."

"They laid their Commission before their Lordships, which is from his Royal Highness Prince George of Denmarke, Lord High Admiral of England, together with the Instructions given them by his Royal Highness for their better Government and Conduct in the Execution of the Trust committed to them. And they acquainted their Lordships, "That, upon any Accident that might require further or more particular Direction, their Course was, to make Application to the Cabinet Council, and the Earl of Nottingham Principal Secretary of State."

"Their Lordships must observe to the House, that it hath appeared, that, by the Neglect of the Duty of some of the Masters of the Transport Vessels, and particularly of one Gibson, and contrary to Bonds given not to bring over any Passengers but Prisoners, several Persons have been brought over in the said Transport Vessels, out of France, who have been found, by the Examination of another Committee of the Lords of this House, to have been concerned and trusted in the Management of the Scotch Conspiracy."

To which Report the House agreed; and ordered as followeth:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that the Report made this Day, from the Lords Committees, (to whom was referred the Consideration of a Letter from Stephen Mason to the Lord Wharton, relating to the ill Usage of English Prisoners in France, and their long Detention there, through the Negligence of the Commissioners for Exchange of Prisoners, not sending Transports duly for them) shall be laid before Her Majesty."

Report of Resolutions concerning Sir Cloudesley Shovel's Expedition into The Mediterranean.

The Earl of Rochester also reported from the Lords Committees, Two Resolutions in relation to Sir Cloudesley Shovell's Expedition into The Mediterranean last Summer.

Which were read, and agreed to, as follow; (videlicet,)

"1. Resolved, That it is the Opinion of the Committee, That the Time the Fleet sailed from England, being about the Middle of July, under the Order Sir Cloudesley Shovel had to return out of The Streights within the Month of September, made it impossible to execute the main Services that appeared before the Committee were required to be performed by his Instructions."

"2. Resolved, That it is the Opinion of the Comittee, That the Queen be addressed to, that whenever there shall be a Necessity of sending a Fleet into The Mediterranean, the Coast and Trade here may not be lest so naked and unguarded as it was the last Year."

Hereupon the Order following was made; (videlicet,)

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Two Resolutions, reported this Day from the Lords Committees appointed to consider of the Papers received from the Admiralty-office, in relation to Sir Cloudesly Shovell's Expedition into The Mediterranean, shall be, by the said Committee, drawn into an Address, to be presented to Her Majesty; and also the Resolutions of the House, upon Report from the said Committee, relating to Vice Admiral Greydon and Jamaica; and that they consider what shall be offered to Her Majesty, by Way of Address, upon the Report of the Committee who were appointed to consider of the Petition of Charles Hore and others, relating to the victualing Her Majesty's Navy: Which Committee is to meet To-morrow, at Ten a Clock in the Forenoon; and report to the House."

The Duke of Somerset reported an Address, drawn by the Committee, upon the Representation of the House of Commons presented to Her Majesty; and also the several Precedents cited.

Which was read, and agreed to, as followeth:

Address concerning the Representation of the House of Commons, about the Lords taking the Examinations of Persons concerned in the Scotch Conspiracy.

"May it please Your most Excellent Majesty,

"We, the Lords Spiritual and Temporal in Parliament assembled, found ourselves obliged (though with great Unwillingness) to make an humble Representation to Your Majesty, on the Eighteenth of January last, of the Injustice done to us by the House of Commons; and it is with the utmost Reluctance we are brought to give Your Majesty a Second Trouble upon the like unhappy Occasion.

"This appears by our Silence, after the Address of the House of Commons presented to Your Majesty the Twenty-first of February: For, though that Paper be in Effect but one continued Misrepresentation of our Words and our Proceedings; yet we thought ourselves secure in Your Majesty's great Judgement, which would discern where the Truth lay, through all the Colours made Use of to disguise it: And we were willing to hope, that a Moderation, which was so little deserved, could not but have a good Effect upon the House of Commons. But the Votes of the Nine and Twentieth of February, which they laid before Your Majesty, have convinced us of our Mistake, and made it impossible for us to flatter ourselves longer with any such Expectation. They continue to misrepresent our Proceedings, and to folicit the Throne against us; and thereby put us upon an absolute Necessity of doing ourselves Justice, in laying a true State of Things before Your Majesty. When we observe, that the First Address of the House of Commons was ordered the next Day after we entered upon the Examination of Boucher; that, on the Third of February, when we appointed a Day for taking the Papers relating to the Conspiracy into Consideration, the House of Commons appointed a Committee to draw up the Address against us, presented to Your Majesty on the One and Twentieth, which was the Day our Committee reported Keith's Examination; and that their Votes of the Nine and Twentieth came from a Committee appointed to consider of the Papers communicated to them, the same Day we made our Address to Your Majesty to issue out a Proclamation for encouraging the Discovery of the Cypher of the Gibberish Letters (though they had made a Compliment to Your Majesty on their reading those Papers, and had laid aside all Thoughts of them for Three Weeks together); we cannot without great Concern reflect upon the unseasonableness of these Applications. What can be more likely to prevent the Discovery of this dangerous Conspiracy, than a Disagreement among those who should unite their Endeavours in assisting Your Majesty to search to the Bottom of it? What can more encourage Offenders to an obstinate Silence, than the Prospect of having the Examinations interrupted by an unhappy Breach between the Two Houses? And what can give greater Security to Your Majesty's Enemies, than to see a Foundation laid for such Disputes, as will for ever put an End to all Parliamentary Inquiries into their Designs? The Gentlemen of the House of Commons have carried this Point so far, that, rather than suffer us to proceed quietly in searching into the Bottom of this dangerous Conspiracy, they do not only reflect on us, but depart from their Pretences of Respect to Your Majesty; and censure Your Conduct, in assisting our Examination, as if You had thereby done an Injury to Your Prerogative. We are therefore obliged, in Duty to Your Majesty, as well as Justice to ourselves, farther to explain the Grounds on which we have acted; and to produce Precedents, to shew we have done nothing unwarranted by the Practice of our Ancestors.

"We cannot but observe how the House of Commons have varied their Stile: In their First Address, they directly charged the Lords with wresting Prisoners out of Your Majesty's Hands; in their Second Paper, they say only, we "seem to exclude Your Majesty from any Power over the Prisoners." But the Charge is alike unjust in both.

"They continue to complain of Two of our Orders; One of which, they say, was to remove Your Majesty's Prisoners out of Your Custody into our own; and the other, to commit their Examination solely to a Committee of Seven Lords, chosen and appointed by ourselves.

"We know not by whom a Committee of Lords can be chosen, but by the House of Lords; nor can there be any Thing more Parliamentary, and more proper for the Dispatch and Secrecy of an Examination, than referring it to a Committee.

"This was practised by both Houses of Parliament in the Year 1678 and 1679; nor was it objected to either, that they took the Examination solely to themselves, though the Committee of the House of Commons was, in the Stile of their own Books, a Committee of Secrecy.

"The Lords, the Commons, and the Privy Council, had that Plot under Examination at the same Time: Yet there was no interfering of Jurisdictions; the Papers and the Witnesses were conveyed to one another, as there was Occasion, without any Disputes; none of them stopped or delayed the Inquiries of the others, but concurred in promoting them.

"We might have expected that, when the House of Commons charged us a Second Time with violating Your Royal Prerogative, and the known Laws of the Land, they would have specified what Branch of the Prerogative we had infringed, or what Law, Statute, or Usage, we had broken. Whenever they think fit to be more particular in the Charge, we shall be very ready with our Answers.

"We shall always contend with the House of Commons in Zeal for Your Majesty's Honour and Safety; but we shall never pretend to be meritorious in giving up what we know to be the Rights of Parliaments: And we are sure Your Majesty understands and loves the Constitution of the English Government too well, to approve of such a Present. And therefore we must again beg Leave to insist on our former Representation, as well founded in every Particular.

"We have no Cause to be sorry to hear it has been so universally well received, since we are sure it cannot but be for Your Majesty's Service, as well as a full Justification of ourselves: We were very careful that there should be no Harshness in any Expressions of our Representation; but, if they complain of Reasoning they cannot answer, or are uneasy to hear Truths they cannot deny, it is not our Fault.

"The House of Commons were certainly in the Right, in not producing the Precedents, which they say they have, of ill Language that has passed between the Two Houses, because it could not have been agreeable to Your Majesty.

"We must own, we never searched our Books for that Purpose; and we believe that, if ever the Commons used the like before, our Ancestors thought it unbecoming them to return it; and we think it most proper to be forgotten.

"We cannot think that any Expressions (by whatsoever Zeal inspired) that are not suitable to the Decency which is due from One House of Parliament to another, can shew Respect to Your Majesty, or add any Force to their Arguments.

"We do not comprehend what is meant by their saying, we did "appropriate to the House of Lords only, the Name of a Parliament." There is no Foundation for that Charge in any Word of our Representation; nor was there any Occasion for such an Assertion in the Controversy between us. Both Houses are alike interested in the Point we maintain: We are sure the House of Commons have claimed and exercised such a Power of Examination and Commitment as the Lords insist upon; and we are well assured that, on proper Occasions, every future House of Commons will do the like again. So that, let the Gentlemen of the present House of Commons be as liberal as they please in renouncing their own Right, and as much displeased as they think fit with the House of Lords for not following their Example, we have this Comfort, that Your Majesty is too equitable to think amiss of us, for defending our Parliamentary Rights; and we are sure of having every House of Commons, that shall sit hereafter, of our Side, as well as every Englishman who values the Constitution of his Country.

"There is no Passage in our History more notorious than that the pretended House of Commons, in the Year 1648, when they could not prevail with the House of Lords then sitting to join with them in the intended Murder of their King, took upon them first to abolish the House of Lords by a Vote, and then to proceed to do that execrable Fact by themselves.

"It is not, therefore, to be imagined what the House can mean, by saying, "That Assembly was composed of Members of both Houses." If all other Proof of the contrary was wanting, yet the Testimony of that blessed, though unfortunate, King is abundantly sufficient, who made it One of his Exceptions to that detestable Court at His Trial.

"We can never call to Mind that Fact without Horror; and yet we are obliged by Law to commemorate it every Year: And surely it can never be mentioned more usefully than upon such an Occasion, when the strange Usage of One House of Parliament by another makes it impossible not to reflect on the miserable Consequences that have formerly followed from such Differences.

"When the Gentlemen of the House of Commons act according to the Measures taken in those Times, they ought not to be offended if they are remembered by the Lords. If they will take upon themselves to stop the issuing out Your Majesty's Writs for filling up their House, and that in several Places, and for a long Time, whereby they make themselves an imperfect Representation, which is a Wound to the Constitution, a Wrong to the Boroughs who have a legal Right to send Representatives, and an Injustice to Your Majesty, who has an undoubted Title to the Service and Attendance of all the Members; can they wonder, or ought they to complain, if we presume to tell Your Majesty, that very few Things were less excusable in that unhappy House of Commons, than their refusing to fill up their Body, and compleat their Representation?

"These Beginnings are very dangerous. It is not easy to foresee how far such a Practice may be carried, or what Effects it may have upon the Boroughs that suffer the present Wrong, or upon others who may apprehend the like Usage. And who can say but, in After-times, an ill Prince may take Advantage of such Precedents, and think himself justified in withholding his Writs from some, by as good Law as the Commons can shew for pretending to stop them from issuing to others?

"The Commons have made Three Addresses to Your Majesty upon this Occasion; yet have not stated the Matter in Dispute fairly in any One of them. The plain Matter of Fact is this: Boucher, Ogleby, &c. being seized by the Custom-house Officers, on the Coast of Sussex, as they landed from France, were sent for, to be brought to Town by Messengers: The Lords, having resolved to examine those Persons themselves, ordered the Messengers to bring them to the House, and committed them to the Black Rod, in order to their Examination. The Question is, Whether this Proceeding of the House of Lords was a Breach of any Law, or contrary to the Custom of Parliaments? We asserted, it was not; and, as we humbly apprehend, we proved our Assertion by undeniable Reasons; and we assured Your Majesty we could justify it by Precedents.

"It appears by our Records, that we have, at all Times when we thought it expedient for the Public Good, not only taken Prisoners out of the Custody of Messengers (which is but a temporary Confinement, in order to the examining Persons, or while they are under Examination); but taken them out of any other Custody, and put them sometimes into the Custody of Your Majesty's Officers attending the House of Peers, sometimes removed them from One Prison to another, as the House thought most safe and proper for their Examination.

"Persons condemned, and under Sentence of Death, may be most properly called the Prisoners of the Crown, when their Lives and Estates, as well as Liberties, are entirely at Mercy; yet the House of Lords has sent for several in those Circumstances from the farthest Parts of England to be examined.

"We could produce Precedents in all Times when any Thing of this Nature has been before the House; the most ancient Records furnishing the clearest and most frequent Instances of the Jurisdiction of the Lords, in examining, trying, and punishing, of great Offenders.

"But we shall at present confine ourselves to the Proceedings in respect to the Popish Plot in the Reign of Your Majesty's Royal Uncle (except in some few Instances in both Houses, as well before as after that Time); not only because that was the last Conspiracy that fell under a Parliamentary Examination, but because both Houses of Parliament entered into the Inquiry with equal Zeal.

"And we beg Leave to annex to this our humble Address some Extracts of the Proceedings of both Houses in that Inquiry, N° 1, 2.

"We desire to observe, that, though the King mentioned that Plot in His Speech at the Opening of the Session, yet He was so far from communicating the Particulars to the Parliament, or desiring them to look into it, that He directly told them, "He would leave that Matter to the Law."

"He was not very desirous of having the Parliament meddle with that Inquiry; and therefore, it is reasonable to suppose, He would not have been silent if their Proceedings had been a Violation of the Prerogative and the known Laws of the Land.

"We beg Leave to make this single Remark on such of the Precedents as relate to the Removal of the Popish Priests after Sentence of Condemnation: That this was taken Notice of by the Commons, and several Messages passed between the Two Houses about them. The Commons were earnest that they should be executed, and insisted to have them sent back to the several Prisons for that Purpose; but they never pretended to deny that the Lords had Power to send for them, or change the Custody.

"The Commons, in their Second Address, pretend to have been sensibly affected, and provoked to their harsh Treatment of the Lords, by what passed in the Lords House the 29th of January, which was almost Six Weeks after their First Address was presented.

"It looks as if they wanted Reasons to justify the ordering that Address, when they are forced to defend it by Arguments drawn from Facts which happened so long after.

"If the Commons had considered our Addresses of the 29th of January or the Fifteenth of February, they would have found in them no Contradictions or Counter-orders to Your Majesty, with which they charge us. We were informed of several Papers that had not been communicated to us: Those we desired; and we received them by Your Majesty's Command; and have, we hope, made Use of them for Your Majesty's Service and the Public Safety. We have had the Happiness, that our Zeal has been more than once approved by Your Majesty; and we leave the Commons to justify their own Coldness and Indifference in a Point of such high Concern.

"If we look back on the Steps the Commons have made in this whole Matter, they are such as will hardly be believed hereafter: And we can desire nothing more, for our Justification, than that our Proceedings and theirs may be compared.

"When the Papers relating to this Conspiracy were laid before them, they contented themselves with reading them; and, without offering any Advice or Assistance, gave Your Majesty Thanks for laying the Papers before them, and expressed their Satisfaction in Your Majesty's wise Conduct and great Care of Your People. This was certainly justly due to Your Majesty's prudent Administration; but was not all that might have been reasonably expected from a House of Commons, when Your Majesty had laid before them the Account of such a dangerous Conspiracy.

"Thus the Matter rested for several Weeks: And when at last the House of Commons thought fit to take up a Second Time the Consideration of those Papers, instead of doing what we hoped, and the Kingdom expected, from them, all they did was, to find new Cause of Displeasure against the Lords; to complain of what Your Majesty had done; to solicit You to re-assume the just Exercise of Your Prerogative; and to desire You to stop our proceeding, as of dangerous Consequence, and what might tend to the Subversion of the Government.

"This Conduct seems very unaccountable; and when they had not thought fit to pass any Judgement on the Conspiracy, it is hard that the Inquiry into it should be so severely censured.

"The Commons confine what we spoke in general Terms, of the fatal Consequences that have happened in most Countries in Europe, from the unhappy Differences which have arisen between the Estates of the several Kingdoms, to the Instance of One Country. The Observation was general; and the Overthrow of the Liberties of most of our Neighbours sprang from this Root.

"But we are surprized that the House of Commons should single out the Instance of a Revolution in a neighbouring Country, where the Clergy and the Commons were prevailed upon, by the Management of the Court, to carry their Resentments against the Lords so far, that they delivered up the Authority of the Lords, the Freedom of the People, and made a total Alteration of the Government.

"We cannot imagine what is meant by calling this Treachery of the Commons and Clergy, in betraying the Liberties of their Country, their uniting in the Public Defence; nor can we conceive how this comes to be mentioned on this Occasion. We hope there is no Danger of such a Union amongst us, for such Purposes; and we think Your Majesty and Your People are equally concerned in this Inssnuation.

"It is wonderful, that the Commons should magnify their own Care in examining our Journals; reflect on us for not looking into our own Books; and, at the same Time, cite Two Precedents, in which they are entirely mistaken, and which prove the direct contrary to what is inferred from them.

"The Lords, in their Representation, affirm, "That the Commons, by appealing directly to the Throne against the House of Lords, and charging them with Attempts of the highest Nature, without first asking a Conference, had done a Thing unprecedented." The Commons, to prove the contrary, cite the Address presented to Your Majesty on the Behalf of the Bishop of Worcester; and the Address of the Lords to the late King on Behalf of Four Lords named in their Address. We crave Leave to state those Two Cases.

"The Commons had censured the Bishop of Worcester, without giving him any Opportunity of being heard: They had voted him Unchristian; which surely is aspersing the Innocent without Possibility of Reparation, as well as it was condemning him without a Trial; and made an Address to Your Majesty, to remove him from being Almoner.

"This Proceeding seemed very extraordinary with respect to Your Majesty; and very Unparliamentary with respect to the House of Lords, of which the Bishop was a Member; and yet no Notice was taken of them. Upon this, the Lords made an Application to Your Majesty, on Behalf of the Reverend Prelate, that he might not suffer in Your Majesty's Opinion before he had an Opportunity of making his Defence.

"The Case of the Four Lords was this: The Commons having, at the Bar of the House of Lords, impeached them for High Crimes and Misdemeanors, the next Day made an Address to the late King, to remove them from His Presence and Councils for ever. The House of Lords thought this an Attempt of the highest Nature upon their Judicature, that, while the Causes were depending before them in Parliament, the Commons should quit the Part they had taken of Accusers, and pretend to be the Judges themselves, and solicit the King to put their Sentence in Execution immediately. But yet they proceeded to act with such a Moderation as was scarce to be justified. They forbore expostulating with the Commons; much less did they appeal to the Throne against them: They only desired the King not to pass any Censure upon them before they were tried. They took no Notice that the Commons had made any Address; and only endeavoured to prevent the Injustice and Oppression which might have been done to their own Members, and the Affront offered to their Judicature, without making the least Reflection on this Proceeding. And they had no other Way of acting; for no Conference could have prevented the Impression that might have been made on the King by such an Application of the Commons.

"Besides, in both these Cases, the Commons were the Aggressors. They first applied to the Throne, and made it necessary for the Lords to follow them. Thus far these Instances may be of Use, to shew by what Steps the Commons rose to this Way of addressing against the House of Lords. They began these Attempts in the Case of particular Lords, which now they put in Practice against the whole Body of the Peers.

"The Lords will think themselves concerned, in all Times, to observe and maintain the Law and Usage of Parliaments in Impeachments: And this they did, with all possible Exactness, upon the Occasion of the Impeachments of those Four Lords; but they could not judge it reasonable, to let the Accusers share with them in their Judicature: And if the Commons, in Times to come, shall so far forget themselves, as to endeavour to blast Men's Reputations, by exhibiting Articles when they are not able or prepared to maintain their Charge, the Lords will always look upon themselves as bound to do equal Justice, and discharge the Innocent. Nothing can truly lessen or weaken the Force and Awe of Impeachments, but a partial Use of them. While they continue to be the equal Instruments of Public Justice, they will have their Weight in all Places; but if Once they are made use of to defame Men only, without Thoughts of bringing them to Trial, Impeachments will lose their Terror, and the House of Commons will not increase their Honour or Authority; and if, in that Case, the House of Lords could not do Justice to the Accused, they would be the only Judicature which had the unhappy Power of condemning, but not of acquitting.

"The Lords are far from pretending to be the sole Examiners of Conspiracies: Hereafter, if the Commons will do their Duty in concerning themselves for the Public Safety (fn. 1) but if they will shew so little Zeal as the Gentlemen of this House of Commons have done; if, when they are told of Conspiracies from the Throne, they will concern themselves so little, as to leave the Inquiry to others; the Lords must of Consequence be the sole Inquirers, or else Parliaments must be totally excluded from such Examinations.

"The Commons, in their Second Address, complain, "That they are accused most unjustly, of exciting, and earnestly desiring, Your Majesty to exert Your Prerogative against the House of Lords." The Words of their First Address are so plain, that no other Construction could be reasonably put upon them; and we are now very sure we did not mistake their Meaning, since, in the Votes which they have laid before Your Majesty, they have thought fit to explain themselves, and, in direct Terms, desire Your Majesty to re-assume the just Exercise of Your Prerogative, and take to Yourself the Examination of the Matters relating to the Conspiracy.

"There needs no wresting or straining these Words, to justify the Interpretation we made of their First Address; and surely they had forgot what they said in the Second, when they came to pass those Votes, by which the Sincerity of their Professions, when they pretend to desire that the Remembrance of those unhappy Differences may be blotted out, does best appear. But we are still at a Loss to know what they truly mean, by Your Majesty's re-assuming Your just Prerogative.

"Your Majesty was pleased to lay the Papers relating to the Conspiracy before us; and You had given Your Royal Approbation to the Method in which we had put the Examination: And it seems a strange Averseness to Parliamentary Inquiries, that they would not leave it possible, even with the Concurrence of the Crown, for either House of Parliament to inquire into Conspiracies; though, at the same Time, we must freely own, that if this Power be not lodged in us by the Constitution, it ought not, nor indeed cannot, be given and delegated by the Crown.

"Most Gracious Sovereign,

"We humbly ask Pardon, for having detained You so long, upon a Subject which cannot but be disagreeable to Your Majesty.

"We beg Leave to conclude, with expressing the just Sense we have of that virtuous and truly Royal Moderation which Your Majesty has shewn upon this Occasion, in not suffering Yourself to be prevailed upon to do any Thing to the Prejudice of the Constitution, from whatsoever Hands the Invitation comes. It shall be our daily Prayers to ALMIGHTY GOD, that He will long preserve and prosper Your Majesty, for the Good of this Kingdom; and that Your Reign may be as glorious all the World over, as it is happy to all Your People."

"Precedents out of the Journals of the House of Lords.

"N° 1.

"11° die Maii, 1675.

"A Paper was presented to the House, being Examinations taken by some Justices of the Peace, in the County of Surrey, concerning some blasphemous Speeches spoken by John Taylor, now a Prisoner at the Gaol at Guilford. Which Paper being read, the House ordered as follows; videlicet,

"ORDERED, The Serjeant at Arms bring, in safe Custody, to the Bar of this House, on Friday next, at Ten of the Clock in the Forenoon, the Body of the said John Taylor."

"Die Lunæ, 21° Octobr. 1678.

"His Majesty acquaints the Lords and Commons with a Plot against His Person, in a Speech; Part of which Speech, so far as relates to the Plot, follows, in hæc Verba:

"I now intend to acquaint you (as I shall always do with any Thing that concerns Me), that I have been informed of a Design against My Person by the Jesuits; of which I shall forbear My Opinion, lest I may seem to say too much or too little. But I will leave the Matter to the Law; and, in the mean Time, will take as much Care as I can, to prevent all Manner of Practices by that Sort of Men, and of others too, who have been tampering in a high Degree by Foreigners, and contriving how to introduce Popery among us.

"Whereupon the House made the following Address:

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, having been acquainted by Your Majesty, that there is Information given of a horrible Design against Your Majesty's Sacred Life (which God long preserve), are humble Suitors to Your Majesty, that You would vouchsafe to communicate to us (as far as Your Majesty shall think fit) such Papers as have any Tendency to the Discovery thereof, or of any other Design against the Protestant Religion as it is now established in the Church of England, that we may use our utmost Endeavours to serve Your Majesty, according to our bounden Duty and Allegiance."

"23° Octobr. 1678.

"The Papers concerning the Plot were delivered to the Deputy Clerk of the Parliaments, by One of the Clerks of the Council.

"Lords Committees were appointed, to consider of the Papers transmitted from the Council, by His Majesty's Directions, concerning the Discovery of the horrid Design against His Majesty's Sacred Person, or of any other Design against His Majesty or His Kingdom, by introducing Popery; whose Lordships have Power to send for Persons, Papers, and Records, as they shall see Cause."

"30° Octobris, 1678.

"ORDERED, That Nathaniel Thompson, who is now in the Custody of William Sorocold, for printing Popish Books for James Thompson, shall stand committed to the Prison of The Gatehouse, at Westminster, during the Pleasure of this House."

"31° Octobris, 1678.

"ORDERED, That the Lords with White Staves do attend His Majesty, humbly to desire Him, from this House, That the Papers of Mr. Whitebread and Mr. Micho, which have been read at the Council Table, may be, by His Majesty's Command, brought before the Committee to examine Papers relating to the horrid Design against His Majesty; and also that the Clerks of the Council may bring the Minutes taken by them, upon the Examination of Titus Oates and others, before the Council, concerning this Matter."

"4° Novembris, 1678.

"ORDERED, That the Lords Committees, appointed to examine the Lords who are Prisoners in The Tower of London for Treason, shall also examine such other Persons, who are now Prisoners in The Tower for Treason, as their Lordships shall think fit; and also Sir Ellis Leighton, now Prisoner in Newgate; and that the Lord Chief Justice of England do assist their Lordships, at such Times as they shall appoint; and that One of the Clerks of the Privy Council do attend their Lordships."

"8° Novembris, 1678.

"ORDERED, That the Lords with White Staves do attend His Majesty, humbly to desire Him, from this House, That the Letter of Mr. Coleman, of 29th September 1675, to Father le Chese; and another of his to Father le Chese, wherein he owns the sending the said Letter; and Monsieur le Chese's Letter, whereby he owns the Receipt thereof; which have not been read in this House, may, by His Majesty's Order, be brought hither.

"The Lord Treasurer reported His Majesty's Answer:

"That His Majesty will give Order that the said Letters shall be brought to this House, as soon as may be."

"18° Novembris, 1678.

"ORDERED, That Edward Coleman, now a Prisoner in Newgate for Treason, be brought, by the Keeper of Newgate, before the Lords Committees to peruse Letters and Papers, To-morrow, at Nine of the Clock in the Forenoon; and that the Duke of Monmouth be desired to send a sufficient Guard of Soldiers, to assist the Keeper of Newgate in this Service of bringing and returning Edward Coleman.

"ORDERED, That the Lords with White Staves do humbly desire His Majesty, That His Majesty will please to give Order, that the Papers of Mr. Goodwin, now in the Hands of the Clerks of the Council, may be brought before the Lords Committees appointed to consider of and prepare the Evidences for the Trial of Mr. Coleman."

"23° Novembris, 1678.

"ORDERED, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith repair to Stratford upon Avon, in Warwickshire, and bring thence the Body of Mr. John Gerard, supposed to be a Priest, and One other Person mentioned, but not named (in a Letter dated there the the 20th of November), and subscribed Simon Cale Mayor, John Wolmer; in which it is recited, "That they were in Custody there, for refusing the Oath of Allegiance;" and bring them in safe Custody to the Bar of this House."

"27° Novembris, 1678.

"ORDERED, That Doctor Lower and Doctor Warner be, and are hereby, appointed to visit Mr. White, alias Whitebread, being sick near Weld-house; and give this House an Account, To-morrow Morning, in what Condition of Health they find him."

"28° Novembris, 1678.

"ORDERED, That the Clerk of His Majesty's Privy Council, in whose Custody the Depositions lately taken at the Council-board are, which concern the Queen's Majesty, be, and is hereby, appointed to bring the said Depositions before this House To-morrow, at Nine of the Clock in the Forenoon."

"29° Novembris, 1678.

"The House received an Account, "That Doctor Lower and Doctor Warner have visited Whitebread; and they find that his former Distempers have left him, and he hath now only a Tertian Ague; and their Opinion is, That he may be removed safely upon his intermitting Days:" It is ORDERED, That the Serjeant at Arms attending this House shall, To-morrow, attach the Body of Mr. White, alias Whitebread, and carry him forthwith to the Prison of Newgate, there to remain in safe Custody, till he shall be delivered by due Course of Law.

"Upon Information given to this House, "That one Daniel Maccarty, a Romish Priest, is now under Custody, in Thetford, in the County of Norfolk:" It is ORDERED; That the Serjeant at Arms attending this House, his Deputy or Deputies, shall forthwith repair to Thetford aforesaid, and bring thence the Body of the said Daniel Maccarty, in safe Custody, to the Bar of this House."

"20° Decembris, 1678.

"Whereas Daniel Maccarty, a Romish Priest, was, by Order of the 29th of November last, brought from the Gaol at Thetford, in the County of Norfolk, by the Serjeant at Arms attending this House, and is now in his Custody here: It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for examining Persons and Papers, for Discovery of the horrid Design against His Majesty's Person and Government, shall examine the said Daniel Maccarty; and if their Lordships find that he is not charged with any Particulars relating to the said Design, he is to be remitted and left to the Law; but if otherwise, their Lordships are to report to the House, what they find concerning him."

"3° Decembris, 1678.

"Upon Information given to this House, by the Lord Windsor, "That one Edward Whitaker stands committed, in the City of Worcester, for some unbecoming Words by him uttered, as is certified in a Letter to his Lordship, signed Jo. Tyas Mayor:" It is ORDERED, That the said Mr. Whitaker shall give Bail, before the Mayor of Worcester, for his Appearance before the Lords in Parliament, within Eight Days next after such Bail given."

"Die Veneris, 13° die Decembris, 1678.

"Edward Whitaker being called for, to answer the Charge against him, sent up from the Mayor of Worcester; but being not to be found: It is ORDERED, That if the said Edward Whitaker come not and render himself before the House rises, he shall be attached. And he not coming, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, do forthwith attach the Body of Edward Whitaker, of London, Gentleman, and bring him in safe Custody to the Bar of this House, To-morrow Morning, to answer to the Informations put into this House, upon Oath, against him; and this shall be a sufficient Warrant on that Behalf."

"Die Sabbati, 14° die Decembris, 1678.

"Whereas Edward Whitaker was this Day brought to the Bar, by the Serjeant at Arms attending this House, to answer to the Informations against him; which he denies; alledging, "That he hath Witnesses to clear himself from the Matters charged on him:" Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Whitaker may and shall have Order for summoning his said Witnesses to be heard, viva voce, on the Second Day of the Sitting of the Parliament next after Christmas, if he desires it; at which Time also the Witnesses, who have informed against him, shall be summoned to be heard, viva voce; and that, in the mean Time, the said Serjeant at Arms shall deliver the said Edward Whitaker into the Prison of Newgate, there to remain in safe Custody till further Order; and this shall be a sufficient Warrant on that Behalf."

"3° Decembris, 1678.

"Upon Information given to this House, "That one Barnesly, a Romish Priest, is now under Custody in the City of Worcester:" It is ORDERED, That the Serjeant at Arms attending this House, his Deputy and Deputies, shall forthwith repair to the City of Worcester, and bring thence the Body of the said Barnesly, in safe Custody, to the Bar of this House."

"Die Sabbati, 14° die Decembris, 1678.

"Whereas Henry Barnesly, who was, by Order of this House, sent for from the Gaol in Worcester, was this Day brought to the Bar, by the Serjeant at Arms attending this House, and there examined, being supposed to be a Popish Priest: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Barnesly shall, by the said Serjeant at Arms, or his Deputy or Deputies, be returned into the Gaol in Worcester, there to remain in safe Custody till he shall be thence delivered by due Course of Law; and this shall be a sufficient Warrant on that Behalf."

"Die Lunæ, 23° die Decembris, 1678.

"Upon reading the Petition of Henry Barnesly, now in the Custody of the Serjeant at Arms attending this House; shewing, "That being, by Order of this House, brought from Worcester, and by like Order to be returned thither again, and that, being very old and sickly, he is not able to bear the Journey in this hard Season of the Year; and therefore praying, that he may remain here, upon Bail:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Barnesly (being charged to be a Popish Priest) shall, by the said Serjeant at Arms, be delivered into the Prison of The King's Bench, there to remain in safe Custody, till he be better able to be returned to Worcester, in order to his Trial there; and this shall be a sufficient Warrant on that Behalf."

"6° Decembris, 1678.

"Upon Report made by the Earl of Clarendon, from the Lords Committees to examine Persons and Papers, &c. That their Lordships think it necessary, that Sir Henry Titchborne, a Popish Recusant, now Prisoner in the Gaol at Winchester, be brought up to Town: It is ORDERED, That the Serjeant at Arms attending this House, his Deputy and Deputies, shall forthwith repair to Winchester, and bring thence the said Sir Henry Titchborne, and deliver him into His Majesty's Tower of London, there to remain in safe Custody till farther Order; and this shall be a sufficient Warrant in that Behalf.

"To Sir George Charnock Knight, Serjeant at Arms attending this House; and to the Keeper of the Gaol at Winchester, and to the Constable of His Majesty's Tower of London, and their respective Deputies, as also to all His Majesty's Officers, Civil and Military, to be aiding and assisting in this Service."

"20° Decembris, 1678.

"Upon Information given to this House, upon Oath, "That Tho. Thorn, now or late Servant to Richard Tasbrough Esquire, hath uttered dangerous and treasonable Words; and that he is at present in the Gaol at Bury, in Suffolk:" It is ORDERED, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith repair to Bury, and bring thence the Body of the said Thomas Thorn, in safe Custody, to the Bar of this House, to answer thereunto."

"21° Decembris, 1678.

"Whereas Richard Tasbrough Esquire was this Day brought to the Bar by the Serjeant at Arms, and denied all that was alledged against him; and whereas there is a Warrant of the Lord Chief Justice of England issued against him: It is ORDERED, That the Serjeant at Arms deliver the said Richard Tasbrough, in safe Custody, to such Person or Persons as the Lord Chief Justice of England shall direct."

"29° Martii, 1679.

"Upon Information given to this House, "That Richard Tasbrough Esquire, who is charged to be guilty of the late horrid Conspiracy, for which he was committed to the Prison of The King's Bench, hath since been enlarged upon Bail, and is now to be brought to his Trial at the Assizes at Bury, in the County of Suffolk:" Upon Consideration had of the Case of the said Richard Tasbrough, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judge of Assize for that County be, and is hereby, directed, that his Lordship proceed no further upon the Trial of the said Richard Tasbrough, than to the Indictment of him, and the finding thereof by the Grand Jury; and that the said Richard Tasbrough may be safely sent up to London, in order to his Trial, to be had at the Bar of the Court of King's Bench: And it is further ORDERED, That Mr. Thomas Bcake, One of the Messengers attending His Majesty's Council Board, be, and is hereby, authorized and required, with all Speed, to attend the said Judge of Assize for this Purpose, and to take Care of the Execution of this Order, as to the bringing up the said Richard Tasbrough, in safe Custody, in order to his intended Trial; and for so doing, this shall be a sufficient Warrant."

"26° Decembris, 1678.

"ORDERED, That it be referred to the Lords Committees for examining Persons and Papers, to examine Richard Tasbrough and Thomas Thorn.

"Upon Information to this House, by the Lord Viscount Newport, "That one Valentine Harcourt, a Popish Priest, is taken, and now in Custody in the Gaol at Shrewsbury:" It is ORDERED, That the Sheriff for the County of Salop be, and is hereby, required to take (fn. 1) and give Order for the sending of the said Valentine Harcourt, in safe Custody, to appear at the Bar of this House; and that the Charge of the said Sheriff shall be allowed, upon his Accompt, in the Court of Exchequer: And it is ORDERED, That the Sheriffs of the respective Counties through which the said Valentine Harcourt shall pass, in his being sent up as aforesaid, be aiding and assisting to the Furtherance thereof, as Occasion shall require."

"Die Veneris, 21° Martii, 1679.

"Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Captain Francis Spalding, Deputy Governor of Chepstow-Castle, who was, by Order of this House, dated the 21st Day of November last, committed to the Prison of The King's Bench, for Matters where with he stands charged, hath, since that Time, been enlarged upon Bail; and, being upon Bail, commands still at ChepstowCastle as Deputy-Governor, and hath misbehaved himself, as hath appeared to the said Lords Committees:" It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, do forthwith attach the Body of the said Francis Spalding, and bring him in safe Custody to the Bar of this House; and this shall be a sufficient Warrant in that Behalf."

"Die Jovis 27° die Martii, 1679.

"Captain Francis Spalding, being brought to the Bar by the Serjeant at Arms, was asked, "Whether he is not under Bail?" Which he acknowledged, and that Sir Ralph Delaval and Mr. Banks are his Bail, taken in the King's Bench. And being asked, "Why he went down to Chepstow Castle, being a Prisoner under Bail, and by whose Order?" He said, "He had no Order for it; but went of his own Head."

"Then the Matter wherewith he was charged, and for which he was committed on the 21st November last, was read; and also the Deposition of Thomas Crowder, a Soldier of that Garrison, was read, &c.

"Whereas Captain Francis Spalding, who was on the 21st of November last committed to the Prison of The King's Bench, there to remain in safe Custody till further Order, hath since procured his Enlargement upon Bail, and repaired to Chepstow-Castle as Deputy Governor thereof, and misbehaved himself there, as appeareth by the Deposition of Thomas Crowder, and other Matters upon which he was this Day examined at the Bar, being now in the Custody of the Serjeant at Arms attending this House: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Spalding be re committed to the Prison of The King's Bench, there to remain in safe Custody till further Order; and that the said Serjeant at Arms, or his Deputy, take Care to convey him the said Francis Spalding to the said Prison; and this shall be a sufficient Warrant on that Behalf."

"25° Martii, 1679.

"Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That their Lordships are of Opinion, that Edward Turner, a Priest and Jesuit, who hath been examined before them, and is now in Custody of Francis Strutt, a Messenger, should be committed to Prison:" It is ORDERED, That the said Francis Strut shall forthwith deliver the said Edward Turner into the Prison of The Gatehouse at Westminster, there to remain as a Prisoner till he shall be delivered by due Course of Law.

"To Francis Strutt, Messenger, his Deputy and Deputies; and to the Keeper of the Prison of The Gatehouse."

"15° Aprilis, 1679.

"Whereas Sir William Andrews is seized on, and brought to Town in Custody, as an Agent in the late horrid Conspiracy against the King: It is this Day ORDERED, That the Officer, in whose Custody the said Sir William Andrews is, shall forthwith deliver the said Sir William Andrews into the Prison of The Gatehouse at Westminster, there to remain a Prisoner till further Order."

"28° Aprilis, 1679.

"Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That their Lordships have received Information, made upon Oath, that Sir Wm. Andrews, now Prisoner in The Gatehouse at Westminster, is engaged in the Conspiracy against His Majesty's Person and Government:" It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of The Gatehouse aforesaid be, and is hereby, required to take Care that the said Sir William Andrews be forthwith conveyed, and safely delivered, into The Tower of London, there to remain a Prisoner till he shall be discharged by due Course of Law; and for so doing, this shall be a sufficient Warrant."

"21° Aprilis, 1679.

"Upon Report from the Committee for Examinations, "That James Allen, who was taken into Custody, being charged with encouraging Eliz. Oxley to fire Houses, hath been examined by their Lordships; and denieth what is charged upon him;" and in regard the Examinations taken concerning a House fired in Fetter-Lane are before a Committee of Commons: It is ORDERED, That the Serjeant at Arms attending this House do forthwith carry the said James Allen to the said Committee, to be examined and disposed of as they please."

"Upon Report from the Committee of Examinations, "That their Lordships think it necessary, that William Sturges, now a Prisoner in the Gaol at Chelmsford, should be brought to Town:" It is ORDERED, That the Serjeant at Arms attending this House do forthwith repair to the Gaol at Chelmsford, in Essex, and bring thence the Body of the said William Sturges, and deliver him into the Prison of The Gatehouse at Westminster, there to remain a Prisoner till further Order."

"23° Aprilis, 1679.

"Upon Report from the Lords Committees for Examinations, "That their Lordships find it requisite, that David Lewis, who hath been tried, and condemned us a Popish Priest, at the Assizes held for the Country of Monmouth, and is now in Gaol there, may be brought to Town:" It is ORDERED, That the Sheriff for the said Country of Monmouth be, and is hereby, required to take Care and give Order for the speedy conveying of the said David Lewis in Safety from the said Gaol, to be delivered into the Prison of Newgate; the Charges of which Service shall be allowed to the said Sheriff, upon his Accompt, in the Exchequer.

"The like Order for Roger Hanslip, in the Gaol at Gloucester.

"The like Order for John Kemble, in the Gaol at Hereford.

"The like Order for Francis Johnson, alias Webb, in the Gaol at Worcest'r."

"8° Maii, 1679.

"The Earl of Clarendon reported, from the Lords Committees for Examinations, "That William Harcourt the Jesuit is taken, and now in the Hands of the Officer that took him." It is ORDERED, That the said William Harcourt be brought to the Bar, presently.

"Eodem Die, post Meridiem.

"William Harcourt was brought to the Bar; and being there charged with Treason, the House made the following Order:

"Whereas William Harrison, alias Harcourt, was this Day brought to the Bar, and was there charged with High Treason: It is ORDERED, That the Gentleman Usher of the Black Rod attending this House, do take special Care forthwith to convey the said William Harrison, alias Harcourt, in Safety to Newgate, there to remain a Prisoner, till he shall be discharged by due Course of Law.

"To the Gentleman Usher of the Black Rod attending this House, &c."

"Die Lunæ, 19° Mail, 1679.

"Whereas Richard Gerrard Esquire is charged, upon Oath, with Treason: It is ORDERED, That the Keeper of the Prison of The Gatehouse at Westminister (in whose Custody the said Richard Gerrard now is) be, and is hereby, required forthwith to take Care for the conveying of the said Richard Gerrard to the Prison of Newgate, there to remain a Prisoner till he shall be discharged by due Course of Law; and this shall be a sufficient Warrant in that Behalf."

"30° Octobris, 1680.

"It being signified to this House, "That Oliver Plunket, the Titular Primate of (fn. 2) Armagh, in the Kingdom of Ireland, is, by His Majesty's Order, brought over hither, in order to his Trial here; and is now in Custody, in the Hands of a Messenger:" It is ORDERED, That the Messenger, in whose Hands the said Oliver Plunket now is, be, and is hereby, authorized and required forthwith to convey and deliver the Body of the said Oliver Plunket into the Prison of Newgate; and that the Keeper of the said Prison do keep him there in Safety until he shall be discharged by due Course of Law; and that the said Keeper and his Under Officers do take Care that the said Oliver Plunket Be kept as a close Prisoner, till the Pleasure of this House be further signified; and this shall be a sufficient Warrant in that Behalf.

"To the Messenger in whose Custody the said Oliver Plunket is; and also to the Keeper of the Prison of Newgate, his Deputies and Under Officers, and every of them."

"4° Januarii, 1680.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General do peruse the Information read this Day, and draw Warrants for the Commitments of Sir John Fitzgerald, Colonel Pierce Lacy, and Lieutenant Colonel Bradley, as may be available in the Law; and attend the Judges, for their Assistance therein; and present the same to the House To-morrow, at Ten of the Clock in the Forenoon.

"ORDERED, That Sir John Fitzgerald, Colonel Pierce Lacy, and Lieutenant Colonel Bradley do remain in the Custody of the Pursuivant, as now they are, till the House gives further Order."

"5° Januarii, 1680.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fitzgerald be committed to The Gatehouse, for Treason, in compassing the King's Death, and in levying War, and practising to introduce a Foreign Force into the Kingdom of Ireland, and to depose the King from the Crown of Ireland; and that the Messenger, in whose Hands the said Sir John Fitzgerald is, be, and is hereby, authorized and required forthwith to deliver and convey the Body of the said Sir John Fitzgerald into the Prison of The Gatehouse; and that the Keeper of the said Prison do receive and keep him there in safe Custody till he shall be discharged by due Course of Law; and this shall be a sufficient Warrant in that Behalf.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that Pierce Lacy Esquire be committed to Newgate, for Treason, in compassing the Death of the King, and in levying War, and practising to introduce a Foreign Force into the Kingdom of Ireland, and to depose the King from his Crown of Ireland; and that the Messenger, in whose Hands the said Pierce Lacy now is, be, and is hereby, authorized and required forthwith to convey and deliver the Body of the said Pierce Lacy into the Prison of Newgate; and that the Keeper of the said Prison do receive and keep him there, in safe Custody, until he shall be discharged by due Course of Law; and this shall be a sufficient Warrant on that Behalf.

"The like Order for Colonel William Bradley."

"Die Martis, 10° die Decembris, 1689.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Vernatti, now in Custody, do stand committed to the Gentleman Usher of the Black Rod attending this House: And it is further ORDERED; That the said Gentleman Usher do go to the Lodging of the said Vernatti, and secure his Papers, and seal them up in his Presence, and set a Guard on his House or Lodging."

"Precedents out of the Journals of the House of Commons. N° 2."

"24° Martii, 14° Car. II.

"Upon Information, "That George Withers had been the Author and Publisher of a scandalous and seditious Pamphlet, to enrage the People, and to vilify and defame the Members of this House, and to blemish the Honour and Justice of this House, and their Proceedings; and was now a Prisoner in Newgate:"

"Resolved, That the said George Withers be brought in Custody of the Serjeant at Arms attending this House, or his Deputy, to the Bar of this House, at Four of the Clock this Afternoon, to be examined touching the Matters objected against him; and the Keeper of Newgate, or his Deputy, is to cause him to be brought accordingly.

"Resolved, That this House do adjourn till Three of the Clock this Afternoon.

"George Withers being then brought, in Custody, to the Bar of this House; and the scandalous seditious Libel with which he stands charged being shewn unto him, the same being in Two distinct Papers; upon View of the First of them, he declared, "That the same might be his Hand; but that it was but Parcel of what he intended:" And the other Writing being shewn unto him, he confessed the same to be of his own Hand-writing. And Two Witnesses being called in, videlicet, Henry Northrop and Robert Heybourne, and testifying, "That they took the said Papers from under Mr. Withers's Hand; and that he was writing Part of them just when they were taken from him; and that he did, upon Examination before Mr. (fn. 2) Attorney General, confess the said Papers to be of his own contriving and drawing:"

"Resolved, upon the Question, That George Withers, who was this Day brought from the Prison of Newgate to the Bar of this House, be sent Prisoner, and delivered into the Custody of the Lieutenant of the Tower, there to be kept in close Custody, and to be denied Pen, Ink, and Paper, and debarred from having any Company to come unto him: And it is referred unto Mr. Pryn, Mr. Serjeant Charleton, Mr. Solicitor General, Serjeant Maynard, Doctor Birkinhead, Mr. Thurland, Mr. Smith, Mr. Vaughan, and Mr. Clifford, or any Three of them, to peruse the seditious infamous Libel by him contrived; and draw up an Impeachment against him, and report it to the House at their next Meeting."

"21° Octobris, 1678.

"ORDERED, That a Committee be appointed, to examine concerning the Murder of Sir Edmund-Bury Godfrey, and to inquire into the Manner and Means how he came by his Death; and likewise to inquire into the Particulars of the Plot and Conspiracy mentioned in His Majesty's Speech, against His Person and Government. Which Committee was empowered to send for Persons, Papers, and Records.

"ORDERED, That an Address be made to His Majesty, by such Members of this House as are of His Majesty's Privy Council, humbly to desire his Majesty, that all Papers which do relate to the Plot and Conspiracy, mentioned in His Majesty's Speech, against His Person and Government, may be communicated to the said Committee."

"23° Octobris, 1678.

"Resolved, &c. That the Matter concerning the Plot and Conspiracy, mentioned in His Majesty's Speech, against His Person and Government, be heard at the Bar of the House.

"ORDERED, That Mr. Michael Godfrey be forthwith sent for, to attend with the Papers and Examinations taken by Sir Edmondbury Godfrey, and now remaining in his Custody sealed up, touching the Plot and Conspiracy, mentioned in His Majesty's Speech."

"24° Octobris, 1678.

"The Papers of Examinations taken by Sir Edmundbury Godfrey, touching the Plot and Conspiracy mentioned in His Majesty's Speech, which were delivered in by Mr. Michael Godfrey, were opened, and, by Mr. Speaker, read to the House.

"ORDERED, That the Chairman of the Committee appointed to examine concerning the Murder of Sir Edmondbury Godfrey do take into his Custody the Papers of Examinations taken by Sir Edmondbury Godfrey, concerning the Plot mentioned in His Majesty's Speech.

"ORDERED, That Mr. White, alias Whitebread, and Mr. Micho, be removed from the House where they are now, to Newgate, in case they be in a Condition fit to be removed."

"25° Octobris, 1678.

"Mr. Speaker acquaints the House, "That, in Pursuance of the Order of the House of Yesterday, he had waited upon His Majesty, and acquainted Him with the Informations the House had Yesterday received; and that His Majesty was pleased to acknowledge the great Care of this House, in the Preservation of His Person and Government; and that His Majesty was informed, that Mr. White, alias Whitebread, and Mr. Micho, were at present very sick; but that His Majesty would send to see them; and, if they were in a Condition fit to be removed, they should be forthwith sent to Newgate."

"ORDERED, That the Members of this House who are Justices of Peace for the County of Middl'x do repair to the Lodgings of Mr. White, alias Whitebread, and Mr. Micho, and take their Examinations touching the Plot and Conspiracy mentioned in His Majesty's Speech against His Person and Government; and do issue out their Warrants, for searching their Lodgings, and seizing all such Papers and Writings relating thereto as shall be there found."

"25° Octobris, 1678, post Meridiem.

"ORDERED, That the Secretaries be desired to move the King, That the Keys of Mr. Langhorn's Chamber may be delivered, by the Messengers in whose Hands the same are, to the Committee appointed by the House to search Mr. Langhorn's Papers and Writings."

"26° Octobris, 1678.

"ORDERED, That an humble Address be made to His Majesty, by such Members of this House as are of His Majesty's most Honourable Privy Council, to desire His Majesty, "That Mr. Coleman's Papers and all other Papers relating to the Plot and Conspiracy, mentioned by His Majesty in His Speech, may be communicated to the House."

"Mr. Secretary Williamson informs the House, "That, in Pursuance of the Order of Yesterday, he had attended His Majesty, and acquainted Him with the Desires of the House, that a Committee of this House might have Leave to search Mr. Langhorn's Papers; and that His Majesty was pleased to give Leave that the same may be searched, and had appointed Two of the Clerks of the Council to assist the Committee therein; and that His Majesty was pleased to deliver him some of Mr. Coleman's Papers, sealed up, and ordered him to deliver the same to the House; and had also commanded him to acquaint the House, That the rest of Mr. Coleman's Papers were at present under Examination before the House of Lords; and that, so soon as the Lords had done with them; they should be communicated to this House." And the Papers were accordingly, by Mr. Secretary Williamson, delivered in, sealed up."

"29° Octobris, 1678.

"ORDERED, That His Majesty be humbly desired, by such Members of this House as are of His Majesty's most Honourable Privy Council, "That an Inventory, or List, of all Mr. Coleman's Papers, which have been sorted by the Clerks of the Council, may be communicated to this House; and that all those Papers which are not sorted may be delivered over to a Committee of this House."

"ORDERED, That a Committee be appointed, to examine Mr. Coleman, touching the Plot and Conspiracy mentioned in His Majesty's Speech."

"31° Octobris, 1678.

"This House being informed, "That the Clerk of the Council was attending without, with Mr. Coleman's Papers:"

"ORDERED, That the Papers be delivered to the Clerk of the House, and by him transmitted to the Committee appointed to examine the same."

"2° Novembris, 1678.

"ORDERED, That the Clerk of the Council now in Waiting do forthwith attend, with Mr. Harcourt's Papers and Writings; and that all other Papers and Writings relating to the Plot mentioned in His Majesty's Speech, either in the Hands of the Secretaries of State, or in the Hands of the Clerks of the Council, be forthwith communicated to this House, according to the Leave graciously given by His Majesty."

"22° Novembris, 1678.

"Resolved, That an humble Address be made to His Majesty, by such Members of this House as are of His Majesty's Privy Council, to desire His Majesty, that such Letters and Papers which relate to the Plot now under Examination, as have not been perused by this House, may be communicated to them."

"29° Novembris, 1678.

"A Message from the Lords, by Sir John Coel and Sir Samuel Clark:

"Mr. Speaker,

"The Lords have received Information, that there is a Faculty, under the Seal of Cardinal Barberini, for dispensing with the taking of the Oaths, and other Things, in the Hands of a Member of this House; which their Lordships desire may be communicated to them."

"Sir John Knight acquaints the House, "That the Paper mentioned by the Lords was found among Mr. Ireland's Papers;" and he delivered the same in at the Clerk's Table. Which being read by Mr. Speaker:

"ORDERED, That the said Paper be sent to the Lords; and that Mr. Speaker do acquaint the Messengers, "That, when their Lordships have perused the same, this House does expect it should be returned again, in order to be entered in the Journal of this House." And the Messengers being called in, the said Paper was delivered to them; and Mr. Speaker acquainted them with the Pleasure of the House."

"26° Aprilis, 1679.

"Resolved, That an humble Address be made to His Majesty, to desire His Majesty to give Order for the executing of Pickering; and also to give Order to the Judges, to issue out their Warrants for executing the several Popish Priests which they have condemned in their several Circuits."

"5° Maii, 1679.

"The Lord Russel acquaints the House, "That His Majesty had commanded him to let the House know, That His Majesty is willing to comply with the Request made to Him, by this House, concerning Pickering; and that the Law shall pass upon him accordingly.

"As to the condemned Priests, the House of Peers have sent for them, in order (as His Majesty conceives) to some Examinations."

"9° Maii, 1679, post Meridiem.

"Mr. Hambden reports, from the Committee appointed to inspect the Lords Journals, and see, inter alia, upon what Grounds the condemned Popish Priests are sent for, "That the Committee had inspected the Journals, and taken out Copies of their Proceedings." Which he reported to the House."

"20° Maii, 1679.

"ORDERED, That a Message be sent to the Lords, concerning the condemned Popish Priests, sent for up to London, from the several County Gaols, by Order of their Lordships."

"22° Maii, 1679.

"Sir William Francklyn reports from the Committee appointed to draw up, and prepare, a Message to be sent to the Lords, concerning the Popish Priests condemned in the Circuits, "That the Committee had agreed upon a Message to be reported to the House:" Which he read in his Place, and afterwards delivered the same in at the Clerk's Table; where the same was Twice read, and, upon the Question, agreed; and is as follows; (videlicet,)

"The House of Commons having made an humble Address to His Majesty, "That He would be pleased to give Order to the Judges, to issue out their Warrants, for the executing the several Popish Priests condemned in the several Circuits;" and His Majesty having been graciously pleased to signify to the House of Commons, "That your Lordships have sent for them, in order (as He conceived) to some Examination:"

"And the House of Commons being also informed, "That the said Priests have, by Order from your Lordships, not only been brought out of the several Counties where they were condemned, but continued yet in Newgate, and other Prisons in or about the Cities of London and Westminster; by reason whereof, the Execution of the Sentence pronounced upon them is still delayed;" do desire of your Lordships, that the said Priests may be forthwith remanded to the several Counties where they were condemned, that so they may be executed, according to the Judgements passed upon them."

"25° Octobris, 1° Will. & Mar.

"The House being informed, "That several of the Prisoners of The Tower were now bailing in the Court of King's Bench, being brought thither by the Governor of The Tower, by virtue of a Habeas Corpus awarded for that Purpose; particularly Sir Thomas Jenner, Mr. Richard Graham, and Mr. Philip Burton:"

"ORDERED, That Sir Thomas Jenner, Mr. Richard Graham, and Mr. Philip Burton, be immediately brought to this House, by the Governor of The Tower, to answer to such Matters as shall be objected against them.

"And Mr. Speaker issued his Warrant accordingly; and the same was sent by the Serjeant at Arms attending this House.

"Afterwards the Serjeant acquainted the House, "That Sir Thomas Jenner was bailed, and gone out of Court; and that Mr. Graham was bailing in the Court;" and that, notwithstanding, he had delivered the Warrant to the Governor of The Tower; and that he was coming with Mr. Graham and Mr. Burton."

"ORDERED, That Sir Thomas Jenner be sent for, in Custody of the Serjeant at Arms attending this House, to answer to such Matters as shall be objected against him.

"The House being informed, "That Mr. Burton and Mr. Graham were at the Door;" they were severally called in, to the Bar of the House, and charged with the several Matters mentioned in the said Report, and heard what they could say touching the same. And being withdrawn:

"ORDERED, That Mr. Richard Graham and Mr. Philip Burton be committed to the Custody of the Serjeant at Arms attending this House, for several high Crimes and Misdemeanors objected against them.

"Resolved, That a Committee be appointed, to examine Witnesses against Mr. Graham and Mr. Burton; and to prepare a Charge against them. And it is referred to, &c."

"4° Januarii, 1697.

"ORDERED, That the said Mr. Reginald Marriot be summoned to attend this House, immediately. And the said Mr. Marriot attending accordingly, he was brought in, by the Serjeant at Arms attending this House, to the Bar, where he delivered an Account of his Knowledge of that Matter, in Writing, signed by himself; which he read at the Bar, and afterwards delivered in to the House.

"ORDERED, That the Examinations taken before the Lords of the Treasury, relating to the irregular Indorsement of the Exchequer Bills, be laid before this House.

"A Motion being made, "That the House will order that all Prosecutions at Law against the said Mr. Marriot be stayed during the Pleasure of the House;"

"And a Debate arising thereupon:

"Resolved, That the Debate be adjourned till Tomorrow Morning.

"ORDERED, That the said Mr. Marriot be taken into Custody of the Serjeant at Arms attending this House; and that no Person be permitted to converse with, or bring any Letters to him, without Leave of the House."

"5° Januarii, 1697.

"Mr. Lowndes, according to Order, presented to the House several Papers, relating to the Examinations taken before the Lords of the Treasury, touching the false Indorsement of the Exchequer Bills.

"The House resumed the adjourned Debate of Yesterday, touching the ordering the Stay of any Prosecution at Law against Mr. Marriot.

"ORDERED, nemine contradicente, That all Prosecutions at Law against Mr. Reginald Marriot, in relation to the false Indorsement of Exchequer Bills, be stayed during the Pleasure of this House."

ORDERED, That the whole House do humbly attend Her Majesty, with the said Representation or Address.

Lords to attend the Queen, to know when the House shall present it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, humbly to know, "what Time Her Majesty will be pleased to appoint, for this House to attend Her Majesty, with the said Representation or Address."

Trustees of forfeited Estates in Ireland, Report.

ORDERED, That the Committee who were appointed to consider of the Report and Abstract of the Trustees appointed by Act of Parliament, for Sale of the forfeited Estates in Ireland, shall be revived; to meet Tomorrow, at Ten a Clock.

Bill for taking, &c. the Public Accompts, Report of the Conference about

ORDERED, That the Report of the Conference had with the House of Commons, upon the Bill, intituled, "An Act for the taking, examining, and stating, the Public Accompts of the Kingdom," shall be taken into Consideration To-morrow.

Records, method of keeping.

ORDERED, That the Lords Committees, appointed to consider of the Method of keeping Records in Offices, and how they are kept, and to consider of Ways to remedy what shall be found amiss, shall be revived; to meet To-morrow, at Ten a Clock.

L. Wharton's Privilege, versus Sir Arthur Shaen.

The Lord Wharton informing the House, of a Breach of his Privilege of Parliament, committed by Sir Arthur Shaen and his Agents, in prosecuting an Ejectment against him in the Court of Exchequer in Ireland, during the Time of Privilege of Parliament the last Summer:

The House, upon reading the Act made in the Twelfth and Thirteenth Year of the late King William the Third, intituled, "An Act for preventing any "Inconveniencies that may happen by Privilege of Parliament," doth hereby resolve and declare, "That the said Act doth not extend to Suits begun and prosecuted in any of the Courts of Ireland;" and therefore declare, "That the said Prosecution was a Breach of Privilege of this House."

But the Lord Wharton desiring, "That no Advantage should be taken thereof, against the said Sir Arthur Shaen, or his Agents:"

The House agreed, to give no further Directions therein.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Martii, hora duodecima Auroræ, Dominis sic decernentibus.

(fn. 3) Mercurii, 31° Maii 1704.

Hitherto examined by us,

Pagett.
So&mtilde;ers.
Halifax.