House of Lords Journal Volume 17
19 January 1702

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History of Parliament Trust

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1767-1830

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17, 18, 19

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'House of Lords Journal Volume 17: 19 January 1702', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 17-19. URL: http://www.british-history.ac.uk/report.aspx?compid=14495 Date accessed: 02 October 2014.


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DIE Lunæ, 19 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Wigorn.
Epus. Roffen.
Epus. Sarum.
Epus. Hereford.
Epus. Cov. & Lich.
Epus. Norwic.
Epus. Petrib.
Epus. Lincoln.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Devon, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Bolton.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Kent.
Comes Huntingdon.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Shaftesbury.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Plimouth.
Comes Portland.
Comes Marlborough.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Lawarr.
Ds. Willughby Br.
Ds. Eure.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brook.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley S.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Sommers.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, pursuant to the Statute; (videlicet,)

Charles Earl of Winchilsea.
Thomas Earl of Thanet.
Other Earl of Plimouth.
Richard Earl of Scarbrough.
James Lord Bishop of Lincolne.
Richard Lord Willughby of Broke.

Fuller examined, about Jones:

The Lord Keeper acquainted the House, "That, pursuant to their Lordships Order, he had sent Letters to Sir John Hoby and Mr. Hoby; and that he had received Letters from them."

Which were read in the House; wherein they both declared, "They had never seen such Persons as Thomas Jones or Englefield."

Whereupon the Order was read, for Fuller's producing Mr. Thomas Jones this Day peremptorily.

Then Mr. Fuller, being called in, was asked, "Why Mr. Jones was not brought, according to their Lordships Order?"

He said, "He received the Order; and that Mr. Jones came to Town on Wednesday last; and that he went to the Earl of Manchester, Secretary of State, for a Warrant to secure him; but the Earl of Manchester said, "He would have nothing to do with the Business;" and Mr. Jones being told so, he went out of Town."

Then, Fuller being asked, "If he could name any Person that saw Jones on Wednesday last?"

Said, "He was in FleetStreet, at The Horne Taverne:" But could name no Person that had seen him there.

Then the Lord Keeper produced Fuller's Letter, dated Friday the Sixteenth Instant; which was read; and which his Lordship received about Six a Clock on Friday Night last; wherein he said, "Jones was come much nearer the Town than he was; but would advance no further, unless he was brought in Custody."

Also another Letter from Mr. Fuller, dated this Day, was read.

And Mr. Fuller being asked, "What Security he gave for his Liberty, to the Warden of The Fleet?"

Said, "He gave a little Sum of Money to the late Warden of The Fleet; and had not absconded since; and therefore had his Liberty still."

And being asked, "Who hath supplied him with Subsistence?"

Said, "Mr. Englefield in Part had supplied him; and that one Mr. Prime, at The Red Bull in Budg-Row, had supplied him sometimes with Twenty or Thirty Shillings at a Time; and that he had not received from him above Four Pounds in all."

And being asked, "Who paid for his Suit of Cloaths?"

Said, They were not paid for."

Then Sir John Hoby and Mr. Hoby's Letters, dated 14th January, 1701, were read; wherein they both declare, "That they never saw Mr. Thomas Jones or Mr. John Englefield, or either of them; and consequently that they never took any Depositions from them."

Whereupon, Fuller said, "He did not positively say, Mr. Hoby took the Depositions;" and then withdrew.

After having heard William Fuller, at the Bar of this House; the Orders following were made:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Deputy Gentleman Usher of the Black Rod do attend Mr. Fuller, in his Lodgings; and keep him, that no Person speak with him until further Order."

Then, some Paragraphs in Mr. Fuller's Books being read in Part:

His Books censured.

It was proposed to declare, "That the Books published by William Fuller (the one, intituled, Original Letters of the late King's and others, to His greatest Friends in England, with the Depositions of Thomas Jones and Thomas Witherington, Esquires, proving the Corruption lately practised to ruin this Nation. Published by Command. By William Fuller, Gent. London, Printed for the Author; and sold by Mrs. Baldwin, at The Oxford Arms, in Warwick Lane, 1702. The other, intituled, Twenty-six Depositions of Persons of Quality and Worth, with Letters of the late Queen, Father Corker, and several others, writ by Mrs. Mary Grey; proving the whole Management of the supposititious Birth of the pretended Prince of Wales; and that the said Mary Grey was barbarously murdered, by the French King's immediate Order. Published by Command. The Third Edition.) do contain in them divers false, malicious, and scandalous Libels upon several Members of both Houses of Parliament, and is of dangerous Consequence to the Government."

It being proposed, "To leave out these Words ["and is of dangerous Consequence to the Government:"]

And Debate thereupon:

The Question was put, "That, in the Books published by William Fuller; one, intituled, Original Letters of the late King's, and others, to His greatest Friends in England the other, intituled, Twenty-six Depositions of Persons of Quality and Worth; are contained divers false, malicious, and scandalous Matters, reflecting upon several Members of both Houses of Parliament, which is of dangerous Consequence to the Government ?"

It was Resolved in the Affirmative.

"It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That, in the Books published by William Fuller; one, intituled, Original Letters of the late King's and others, to His greatest Friends in England; the other, intituled, Twenty-six Depositions of Persons of Quality and Worth; are contained divers false, malicious, and scandalous Matters, reflecting upon several Members of both Houses of Parliament, which is of dangerous Consequence to the Government."

Fuller committed Prisoner to The Fleet.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Deputy Gentleman Usher of the Black Rod do deliver William Fuller to the Warden of The Fleet.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Directions of this House, given to the Warden of The Fleet, the Eighth Instant, "that he should not confine W'm Fuller further than he used to do," be set aside and vacated; and that William Fuller shall be, and he is hereby, committed Prisoner to the Prison of The Fleet; and this shall be a sufficient Warrant on that Behalf.

To the Warden of The Fleet Prison, his Deputy or Deputies, and every of them.

Attorney General to prosecute him:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do forthwith prosecute William Fuller, according to Law; for that in the Books published by him; one, intituled, Original Letters of the late King's, and others, to His greatest Friends in England; the other, intituled, Twenty-six Depositions of Persons of Quality and Worth; are contained divers false, malicious, and scandalous Matters, reflecting upon several Members of both Houses of Parliament, which is of dangerous Consequence to the Government.

Buck and Baldwin, Attorney General to prosecute:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do forthwith prosecute Mr. Peter Buck and Mrs. Baldwin, for their having printed and published William Fuller's Books; the one, intituled, Original Letters of the late King's, and others, to His greatest Friends in England; the other, intituled, Twentysix Depositions of Persons of Quality and Worth.

Resolution and Orders to be printed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Vote or Resolution and Orders, made this Day, relating to William Fuller and the Books published by him, shall be forthwith printed and published.

Prime to attend.

This Day William Fuller, at the Bar, being asked, "Who hath supplied him with Subsistence?"

Said, "Mr. Englefield and Mr. Andrew Prime."

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Andrew Prime do attend this House To-morrow, at Eleven a Clock.

L. Raby versus Wentworth.

Upon reading the Petition and Appeal of the Right Honourable Thomas Lord Raby, from and against several Decrees and Orders thereupon made, in the Court of Chancery in Ireland, in certain Causes there depending, wherein the now Appellant was Complainant, against the Honourable Thomas Watson, alias Wentworth, Esquire, and others, Defendants, et è contra; and praying, "That such of the said Decrees and Orders of which the Petitioner doth complain may be reversed and set aside:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Watson, alias Wentworth, may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto in Writing, on Monday the Second Day of February next, at Eleven a Clock in the Forenoon.

Sir Henry Goring versus Bishop.

Upon reading the Petition and Appeal of Sir Henry Goreing, of Highdon, in the County of Sussex, Baronet, complaining of some Proceedings in the Court of Chancery, of the Ninth of May One Thousand Seven Hundred and One, and taxing of Costs by a Master of that Court, for which he is now prosecuted by Sir Cecil Bishop; and praying Relief in the Premises:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Cecil Bishop shall have a Copy of the said Petition and Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the Second Day of February next, at Eleven a Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.