BHO

House of Lords Journal Volume 17: 17 January 1704

Pages 370-374

Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.

This free content was digitised by double rekeying. All rights reserved.

Citation:
Page 370
Page 371
Page 372
Page 373
Page 374

In this section

DIE Lunæ, 17 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Lincoln.
Epus. Cicestr.
Epus. Bangor.
Epus. St. Asaph.
Ds. Custos Magni Sigilli.
Dux Buckingham, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Dux Newcastle.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Kent.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Sunderland.
Comes Scarsdale.

Comes Anglesey.
Comes Feversham.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. Pagett.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Chandos.
Ds. Grey W.
Ds. Mohun.
Ds. Culpeper.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower.
Ds. Conway.
Ds. Harvey.

PRAYERS.

Sir John Astley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir John Astley Baronet to make a Settlement, upon his Marriage, during his Minority; and to enable him to buy in any Rent Charge, or other Incumbrance upon his Estate."

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

Dux Buckingham, C. P. S.
Dux Somerset.
Dux Bolton.
Dux Newcastle.
Comes Lindsey, Magnus Camerarius.
Comes Jersey, Camerarius.
Comes Kent.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Anglesey.
Comes Feversham.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Arch. Cant.
Epus. Sarum.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Lincoln.
Epus. Cicestr.
Epus. Bangor.
Epus. St. Asaph.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. Paget.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Chandos.
Ds. Grey W.
Ds. Poulet.
Ds. Mohun.
Ds. Culpeper.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Ashburnham.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Gower.
Ds. Conway.
Ds. Harvey.

Their Lordships, or any Five of them; to meet on Monday the One and Thirtieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mrs. Packer's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for making some Provision for, and settling the Fortune of, Anne Packer, in Trustees, for the Purposes therein mentioned."

ORDERED, That the Consideration of this Bill be referred to the Lords Committees afore-named; who are to meet at the Time and Place aforesaid.

Grange's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Joseph Grainge Esquire, and Elizabeth his Wife, in Trustees, to be sold; and to dispose of the Monies arising by such Sale, pursuant to their Marriage Settlement."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees afore-named; who are to meet on Tuesday the First Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings.

Kempe's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Lands in Essex, devised by Sir Robert Kemp Knight deceased, to the Children and Grandchildren of Elizabeth Outlaw, One of his Sisters and Co-heirs, in Trustees, to be sold, for the Benefit of the Devisees."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees afore-named; who are to meet on Tuesday the First Day of February next, at the Time and Place aforesaid.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to enable Sir Thomas Tipping Baronet to sell the Manor of Ickford, in the County of Bucks, for the Payment of a Debt charged thereon; and laying out the Surplus Money in Purchase of other Lands, to be settled to the same Uses;" to which they desire the Concurrence of this House.

Sir Thomas Tipping's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Tipping Baronet to sell the Manor of Ickford, in the County of Bucks, for the Payment of a Debt charged thereon; and laying out the Sur- plus Money in Purchase of other Lands, to be settled to the same Uses."

Cary's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Manor of Yeovilton, in the County of Somerset, and other Lands therein mentioned, of William Cary Esquire, in Trustees, for discharging Incumbrances, and making Provision for his Younger Children."

Malt, &c. Duties, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, by continuing the Duties upon Malt, Mum, Cyder, and Perry, for One Year."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

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

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, by continuing the Duties upon Malt, Mum, Cyder, and Perry, for One Year."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

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

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

Lamplugh's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for settling the Estate of Doctor Thomas Lamplugh deceased, pursuant to his Marriage Articles, and Settlement prepared for that Purpose; and for Provision for his Younger Children."

Holworthy's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting divers Manors and Lands of Mathew Holworthy Esquire in Trustees, to be sold; and purchasing other Manors or Lands of equal Value, and limiting the Manors or Lands to be purchased to the same Uses as the Lands to be sold are limited."

Fermer's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for setting aside a voluntary Settlement made by Mary Fermer Widow, and for ratifying a Partition made of the Manors of Mersham and Pett, and divers Lands in the County of Sussex, between her and Bartholomew Walmesley Esquire, and others."

Cawdron's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Robert Cawdron Esquire to settle Part of his Estate (which he has improved) for raising Portions for his Younger Children."

Keck to attend as a Witness for Allanson.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Keck, One of the Examining Clerks in Chancery, do attend this House Tomorrow, at Ten a Clock in the Forenoon, to be examined, as a Witness on the Behalf of Charles Allanson, on his Appeal to be heard at the Bar of this House Tomorrow.

Dr. Woodward versus Gresham College Bill.

Upon reading the Petition of John Woodward, Doctor of Physic, and Professor of the same in Gresham Colledge; praying to be heard, before the passing of the Bill, intituled, "An Act for the better enabling the Mayor, Commonalty, and Citizens of the City of London, and the Wardens and Commonalty of the Mystery of Mercers of the said City of London, and the Lecturers of Gresham Colledge in the sa d City, to pay the Charities given by the last Will and Testament of Sir Thomas Gresham:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Woodward shall be heard, at the Bar, as desired, in the Committee of the whole House, on Thursday the Twentieth Day of this Instant January, at Ten a Clock in the Forenoon.

L. Diilon's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon, in the Kingdom of Ireland, for Payment of his Debts; and for settling an Equivalent in other Part of his Estate on the Viscountess his Wife, for her Jointure."

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

It was Resolved in the Affirmative.

Jarman's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the vesting of Nine Messuages, in the Parish of St. Giles in the Fields, in the County of Midd'x, being the Estate of William Jarman and Mary his Wife, in Trustees, to be sold; and for settling, in Lieu thereof, a Messuage and certain Lands, in Whipsnade, Tottrenhoe, and Studham, in the County of Bedford."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and L. Dillon's Bill.

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

To carry down the said last Two mentioned Bills, and desire their Concurrence to them.

The Duke of Somerset reported from the Lords Committees, appointed to draw an humble Representation, to be laid before Her Majesty, from this House, upon the Resolutions, Proceedings, and Debate in the House, upon a Matter of the highest Consequence, relating to the Privileges of this House, and the Constitution of the Government of this Kingdom.

Which Representation was read Paragraph by Paragraph, and, with One Amendment, agreed to by the House; (videlicet,)

Representation to the Queen; concerning the Address of H. C. complaining of this House examining Conspirators, and taking them into Custody out of Her Majesty's Hands.

"May it please Your most Excellent Majesty;

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, find ourselves under an unhappy Necessity of making this our humble Application to the Throne, upon Occasion of an Address presented to Your Majesty by the House of Commons the Twenty-third Day of December last, and since that Time published to the whole Nation in Print; by which the House of Lords is charged with the Violation of Your Royal Prerogative, and of the known Laws of the Land, with wresting Persons suspected of treasonable Practices, and taken into Custody by Messengers, out of Your Majesty's Hands, without Your Leave or Knowledge, and in a most extraordinary Manner taking the Examination of them solely to themselves, whereby a due Inquiry into the evil Practices and Designs against Your Majesty's Person and Government might in great Measure be obstructed; and they conclude their Address, by most earnestly desiring Your Majesty to suffer no Diminution of Your Prerogative, and promise to support you in the asserting it against all Invasions whatsoever. It is not possible for us to remain silent under this heavy Charge, so unjustly and without the least Ground or Colour endeavoured to be fixed upon the whole Body of the Peers; which, tending directly to create an ill Opinion of us in Your Majesty, puts us under an inevitable Necessity of vindicating both the Legality and the dutiful Manner of our Proceeding.

"The Expressions in the Address of the House of Commons are so very harsh and indecent, that, we may truly affirm, the like were never used of the House of Peers in any Age; not even by that Assembly, which, under the Name of the House of Commons, took upon them not only to abolish the House of Lords, but to destroy the Monarchy. We shall carefully avoid making Returns of that Kind: We consider too much what we owe to ourselves, and we know too well the profound Respect due to Your Royal Person, to let any Provocation transport us so, as to use Words unfit to be offered by us to our Sovereign.

"The Matter of this Address is no less injurious to us than the Terms. There was not the least Occasion for a just Objection to any Part of our Conduct, in that Business to which the Address relates. The Proceeding was strictly justifiable by the known Laws and Customs of Parliament; it was carried on with the utmost Respect to Your Majesty, and with true Zeal for the Safety of Your Person and Government. All that was done was agreed to by the concurrent Opinion of the House, without the least Objection from any of our Members who have the Honour of serving Your Majesty in Your great Offices and Employments.

"We humbly represent to Your Majesty, that, by the known Law and Custom of Parliaments, the House of Peers has an undoubted Right, in Cases where they conceive it to be for the Good and Safety of Your Majesty and the Kingdom, to take Examinations of Persons charged with Criminal Matters, whether such Persons be then in Custody or not; and also to order the Persons so to be examined to be taken into Custody of Your Majesty's sworn Officers attending the House, during such Examinations, or to commit them to any other safe Custody that they shall think proper; and to restrain others, if they see Cause, from having Access to, or Communication with, them. The House of Lords has exercised this Right from Time to Time, as Occasions have required, without Objection; our Records are filled with Precedents, which warrant our Claim in every Part of it; and we presume to affirm to Your Majesty, that the drawing this Right into Question, at any Time, cannot but be of dangerous Consequence to the Liberties and Safety of the People, and to the Constitution of the Government, as tending to avoid or render in great Measure ineffectual the Inquiries of Parliaments, which are so absolutely necessary, especially where many and great Persons are engaged in dangerous Designs against the Government, or where ill Ministers abuse their Favour towards the oppressing or enslaving of the People. Your Majesty's Wisdom and Goodness make us secure at present against all Influences of that Kind; and we unanimously and heartily pray, we may long enjoy the Blessing of Your Reign. But if it happens in future Times that ill Men should gain too great a Degree of Favour with our Princes, how easy will it be for them to stifle or defeat all Parliamentary Inquiries into their Crimes! for if the being in Prison, or in the Hands of a Messenger, will protect Men from being examined in the House of Lords, or from being put into the Custody of the proper Officers of the House during the Examination, and debarred from conversing with others, it will certainly be always in the Power of Favourites to cause those who can be Witnesses against them, as well as the Accomplices of their Designs, to be taken into Custody. And if Persons in Custody are out of the Reach of the House of Lords, who are the Hereditary Counsellors of the Crown, and in whom a Judicial Power is lodged by the Constitution, it is not to be imagined that the Commons can pretend to a greater Power of examining, committing, or restraining them.

"No House of Commons till now has given Countenance to this dangerous Opinion, which does so directly tend to the rendering ill Ministers safe from the Examination of Parliaments; and we are persuaded no House of Commons hereafter will assert such a Notion, because they are not wont easily to part with a Power they have assumed, and it is certain that they have several Times taken upon them to exercise an Authority like that which they have so severely reflected on in their Address.

"This Consideration gave us the greater Astonishment, to find our Proceedings represented in the strange Terms of wresting Prisoners out of Your Majesty's Hands, and taking the Examination of them solely to ourselves. We believe, the ordering Persons to be examined in that High Court where Your Majesty is always present in Consideration of Law, and in that great Council where You may be present in Your Royal Person as often as You please, will never be thought an Exclusion of Your Majesty from the Examinations; if that was intended to be insinuated, by saying, "we had taken the Examinations solely to ourselves."

"Having thus laid before Your Majesty what it is we claim, and must insist on, as the indisputable Right of the House of Peers; which was never thought in the Time of Your Royal Ancestors to be prejudicial to the just Prerogatives of the Crown, and which is manifestly necessary for the securing of the Liberties of Your People, whereof we are assured Your Majesty will have an equal Care; we humbly beg Leave to lay before You a short State of the particular Matter of Fact relating to these Prisoners; not doubting but, when the whole Proceeding is known to Your Majesty, it will be approved, not only as lawful, but every Way respectful to Your Majesty.

"On Tuesday the Fourteenth of December, the House of Lords was informed, that several Persons had been seized, by the Custom-house Officers on the Coast of Suffex, as they came from France; and that amongst them there was one Boucher, who was capable of making considerable Discoveries, having been in Arms in the French Service for many Years, and Gentleman of the Horse and Aid de Camp to the late Duke of Berwick, who stands attainted of High Treason, and who had been secretly in England several Times before; that it was probable, if he was strictly examined, he might be brought to confess, since he saw his Life in apparent Danger; but that he was a bold Man, and likely to attempt an Escape, on that very account, if he was not carefully looked after: And the House was also told, that there was a general Remissness, both in the taking, searching, and looking to such Prisoners; which did afterwards appear very evidently in the Examinations that were taken. Upon this Information, the Earl of Nottingham, Your Majesty's Principal Secretary of State, acquainted the House, "That he had not heard of Boucher's Name particularly; but had sent Messengers, to bring one Ogilby and the other Prisoners, who had been apprehended by the Customhouse Officers, to Town; and that he believed the Messengers would do their Duty; but he would not be answerable for them."

After this Account of the Prisoners, and of what had been done in order to secure them, the House thought themselves obliged, in Duty to Your Majesty, and for the public Safety, at a Time when the Kingdom is engaged in an open War with France, and that there are too just Grounds to apprehend the dangerous Practices of French Emissaries, to make an humble Address to Your Majesty, "That particular Care might be taken, for securing the Persons of Boucher, and of those who were taken with him, and that none might be suffered to speak with them till they were examined."

"The next Day, Your Majesty's Gracious Answer to this Address was reported to the House, "That Care had been taken to secure the Prisoners; and that Your Majesty would give Orders that nobody should speak with them till they were examined:" Thereupon the Lords entered into a farther Consideration of the Importance of this Matter; and conceiving nothing to be more likely to bring Prisoners, who had forfeited their Lives, to a full Discovery of the Truth, than to find themselves under the Inquiry of a Parliament, they thought it would be of public Service, for them to take the Examinations of these Persons; and accordingly an Order was made, that no Persons should speak with the Prisoners, till they had appeared at the Bar of the House.

"On the Sixteenth Day, the Earl of Nottingham informing the House of Lords that the Prisoners were brought to Town, the Usher of the Black Rod was ordered to take them into his Custody, in order to their Examination, and to keep them separate, and in close Custody (as Your Majesty had before directed); and it being thought most proper, from the Nature of the Thing, that the Examination should be by a Committee of Lords, rather than by the whole House, it was resolved accordingly.

"We beg Leave to mention to Your Majesty a Matter of Fact, which satisfied the Lords, that their Resolution to take the Examinations of Boucher, and the Persons apprehended with him, was neither unknown nor disagreeable to Your Majesty: On the same Day when that was ordered, being the Fifteenth of December, the Lords resolved to examine Sir John Maclean, a very dangerous Person, as was represented to the House, who then stood committed in the Hands of a Messenger; and for that Purpose ordered him to be brought to the House the next Day; having, as they then thought, very good Grounds to believe it might prove of great Service to Your Majesty. Sir John Maclean was brought to the House, according to the Order. But Your Majesty being pleased so far to take Notice of this Order, as to signify to the House, by the Lord Steward, that Sir John Maclean had been in Part examined already, and that Your Majesty thought it not proper to have that Business taken out of the Way of Examination it was then in, but that Your Majesty would in a short Time communicate it to the House; the Lords immediately acquiesced in Your Majesty's Opinion, and sent back Sir John Macklean to the Place from whence he was brought. It was with this Disposition of Mind, the Lords acted in this whole Matter; and if Your Majesty, who, no Doubt, had the same Notice of both Orders, had thought any other Method of the Examination of Boucher and the Persons taken with him more proper than that of the Lords, they had Reason to conclude Your Majesty would have intimated it at the same Time; and most certainly the House would have had a like Deference for Your Royal Judgement in that Instance also.

"The Lords Committees, appointed to examine the Prisoners, proceeded with all possible Dispatch, and made their Report to the House on the One and Twentieth of December. Upon Consideration of the Report, the House found it requisite to commit Boucher to the Prison of Newgate, for High Treason. And the Lords Committees having submitted to the Judgement of the House, whether several Parts of the Examinations, referred to in their Report, should be laid open to the House, or put into any other Way of being farther inquired into or prosecuted; the House, out of a full Assurance they had, that, when the Matter of Fact should be laid before Your Majesty, You would certainly give such Orders thereupon as were every Way suitable to Your Royal Prudence and tender Care of the public Safety, did unanimously resolve, without so much as suffering those Parts of the Report to be laid open to the House, "That an humble Address should be made, from the House, to Your Majesty, by the Lord Steward and the Duke of Somerset (Two of the Lords Committees to whom the Examination had been referred), laying before Your Majesty the whole Report, with all Matters relating thereto; and humbly desiring Your Majesty to give Order, that Boucher should be prosecuted by Mr. Attorney General for High Treason; and that as to the Commitment, Prosecution, or Discharge of the other Prisoners mentioned in the Report, You would be pleased to give such Directions as should seem most proper to Your Royal Wisdom."

"Thus, as the whole Affair was entered upon out of Zeal for Your Majesty's Preservation, and the Safety of the Kingdom, and was carried on and concluded with all possible Respect to You; so we had the Comfort to rest assured, that our Behaviour was no less graciously accepted by Your Majesty, from the Answer You were pleased to make the same Day to our last Address on this Subject, and which was reported to us, on the Twenty-second of December, by the Duke of Somerset, whereby Your Majesty was pleased to signify to the House, with Your accustomed Goodness, "That You would give Order for every Thing as the Lords had desired."

"MADAM,

"This is a true and just Account of our Proceedings, which have been so strangely misrepresented, and to which no Exception can possibly be taken by any Persons rightly informed; for, as we had Your Royal Approbation of all that was done, so the House of Commons could have had no Pretence of Objection, if they had taken the usual Parliamentary Methods, of desiring to be informed of what we had done, and of the Grounds of our Proceedings, before they had approached Your Majesty with such a Representation of them.

"Their carrying this unprecedented Address to Your Majesty, in so hasty a Manner, gives us almost as great Trouble, as the hard Usage we find in it. The ancient, known, and indeed only effectual Method of preserving a good Correspondence between the Two Houses of Parliament, has been by Conferences. If, at any Time, either House conceived they had a reasonable Ground to object against the Proceedings of the other, Conferences have been desired, and the Matter in Debate between them fairly discussed; and thereby Mistakes have been cleared for the most Part, and a good Understanding cultivated, and a mutual Respect preserved; which is always highly requisite in the Nature of our Constitution, but more especially necessary in this Time of War and Danger.

"Had the House of Commons thought fit to have pursued this Method upon this Occasion, we should have been able to have given them entire Satisfaction, not only of the Lawfulness of all we had done, but of the just and weighty Grounds upon which we took the Examinations of these Persons into our own Hands; or, at least, if they could have convinced us of any Mistake, we should have given them any reasonable Satisfaction.

"But, without making any such previous Step, the House of Commons have made an Appeal directly to the Throne against the House of Lords, and charged them, though most unjustly, with Attempts of the highest Nature. Nothing like this was ever done before; and, out of our hearty Concern for the Preservation of our happy Constitution, we hope the same Thing will never be done again. We know Your Royal Heart is unmoveably fixed on preserving the Liberties of Your People, and transmitting them entire to Posterity; but if, in After-times, the Houses of Parliament should be appealing against one another to the Crown (for if such a Course be justifiable in the House of Commons, the same Method may be taken by the Lords); as Your Majesty is now sensible how great Difficulties it necessarily brings upon a good Prince; so it is easy to foresee (and we cannot think of it without Terror) how fatal the Consequences may be in the Reign of an ill-designing Prince, and what Advantages may be taken from it, for utterly subverting the best-ordered Form of Government in the World. There are Examples Abroad, where Proceedings of this Kind have ended in the Overthrow of the Liberties of the People; which makes us the more apprehend the Beginning of them among ourselves. Your Majesty's great Judgement cannot but readily discern, whither it does naturally tend, for One House of Parliament to be exciting and earnestly desiring the Sovereign to exert a real or supposed Prerogative against the other House: It is not easy to imagine what the Commons could expect of Your Majesty from such an Application. The Lords have never entertained a Thought of using this dangerous Method, whatever Occasions may have been given within the Compass of late Years; and we promise Your Majesty, we will always endeavour to preserve a good Understanding with the House of Commons; and shall never think it too dear to procure that Union at any Rate, unless that of delivering up those Rights and Powers, which are lodged in us by the Law, and without which the Constitution cannot subsist.

"We shall never be guilty of the Presumption of prescribing to Your Majesty, when or against whom You should exert Your Prerogative; but we will be always ready to assist You in the Support of all the just Rights of the Crown, as well as in maintaining the Liberties of the Subject, which we know are no less dear to Your Majesty.

"It may with Modesty and Truth be affirmed, that the Lords have, in all Times, been the surest and most natural Bulwark of the Prerogatives of the Crown; they being (as Your Royal Grandfather, of Ever-blessed Memory, was pleased to express it) an excellent Skreen and Bank between the Prince and the People, to assist each against any Encroachment of the other.

"We will never contribute, by any Act of ours, to the Diminution of the Rights of the Crown; nor, as far as we are able, will suffer it in others. We cannot act otherwise, without hurting ourselves in the highest Degree; being thoroughly convinced, that the Preservation of the legal Prerogative is not only the surest Way to secure our own Privileges, but of absolute Necessity for the happy and rightful Administration of the Government. And we hope the House of Commons will, in all Times to come, speak and act with that Regard to the Prerogative, which they seem to have taken up lately.

"There remains One Particular more, which we will only name to Your Majesty, because we rest satisfied it cannot have Weight any where; that is, the Insinuation in the Address, as if the Examination of these Prisoners by the Lords was in order to obstruct the Inquiry into the Designs against Your Majesty's Person and Government; or, at least, that it was likely to produce such an Effect. Our dutiful Zeal for Your Majesty's Government, and our warm Concern to discover all Designs and oppose all Practices against it, are too well known to the World, that any Suggestions of that Sort should make the least Impression to our Disadvantage; and we are very sure it was no Suspicion of that Nature, which gave the true Rise to this very sharp Address: It is easy to determine, whether a hearty and forward Undertaking to search into the Designs of Your Enemies, or the seeking Occasions to object to and interrupt such Endeavours, be most likely to obstruct the Discovery of the pernicious Practices of Traitors.

"Most Gracious Sovereign,

"We most humbly ask Pardon, for presuming to give Your Majesty the Trouble of this long Representation; which has proceeded from the passionate Concern we have, to stand not only acquitted, but entirely approved, in the Judgement of so excellent a Queen, and so justly beloved of all Her Subjects.

"We depend upon Your Justice, as well as Your Goodness, that nothing can do us Prejudice (from whatsoever Hands it comes) in Your Royal Opinion, while we continue to act, in that Station where we are placed by the Form of the English Government, according to the Laws and Customs of Parliament, with all imaginable Respect and Duty to Yourself, and all possible Zeal for the Safety and Happiness of Your Kingdom.

"Give us Leave to conclude this our humble Address, with this firm Promise, That no Dangers, no Reproaches, nor any Artifices whatsoever, shall deter or divert us from using our utmost Endeavours, from Time to Time, in discovering and opposing all Contrivances and Attempts against Your Royal Person and Government, and the Protestant Succession, as by Law established."

Whole House to attend the Queen with it.

ORDERED, That the whole House shall attend Her Majesty, with the Representation agreed to this Day.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Steward and the Duke of Somerset do wait on Her Majesty, from this House, humbly to know, what Time Her Majesty will please to be attended, with an humble Representation of this House, agreed to this Day.

Adjourn.

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