DIE Sabbati, 9 Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Exon.
Epus. Menev.
Epus. Bangor.
Epus. Cestr.
Epus. Elien.
Epus. Hereford.
Epus. Norwic.
Epus. Bath & Well.
Epus. Bristol.
Epus. Asaph.
Epus. Lincoln.
Epus. Cicestr. |
Dux Cumberland.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Norfolke.
Dux Devon, Ds. Senescallus.
Dux South'ton.
Dux Ormond.
Dux Bolton.
Dux Schonbergh.
Dux Newcastle.
March. Halifax.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Suffolke.
Comes Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Carlisle.
Comes Craven.
Comes Sussex.
Comes Feversham.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Viscount Weymouth. |
Ds. Bergevenny.
Ds. Willughby Er.
Ds. Lawarr.
Ds. Morley.
Ds. Ferrers.
Ds. Willughby Br.
Ds. Eure.
Ds. Wharton.
Ds. Hunsdon.
Ds. Sidney.
Ds. Poulet.
Ds. Howard Esc.
Ds. Leigh.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert Ch.
Ds. Haversham. |
PRAYERS.
De Rhede L. Aghram, & al. Nat. Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
naturalizing Frederick Christiaen de Rhede, commonly
called Lord Aghram, and others."
ORDERED, That the Consideration of the said Bill
be committed to the Lords following; (videlicet,)
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M. Normanby.
Comes Suffolke.
Comes Bridgewater.
Comes Northampton.
Comes Rivers.
Comes Stamford.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Sussex.
Comes Maclesfeld.
Comes Rochester.
Comes Portland.
Comes Monmouth.
Comes Marleborough.
Comes Rochford.
Viscount Weymouth. |
Epus. Londin.
Epus. Winton.
Epus. Menev.
Epus. Sarum.
Epus. Bangor.
Epus. Cestr.
Epus. Norwic.
Epus. Petrib.
Epus. Bath & Wellien.
Epus. Lincoln.
Epus. Cicestr. |
Ds. Lawarr.
Ds. Morley.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. Hunsdon.
Ds. Poulet.
Ds. Howard Esc.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Jeffreys.
Ds. Weston.
Ds. Herbert.
Ds. Haversham. |
Their Lordships, or any Five of them; to meet
on Monday next, at Nine of the Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers.
Townshend versus Kettle.
Upon reading the Petition of Edward Townshend;
praying, "That a Day may be appointed, for hearing
the Cause depending in this House, wherein Elizabeth
Kettle Widow and Joseph Kettle her Son are Appellants, and the Petitioner Respondent:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear the
said Cause, by Counsel, at the Bar, on Saturday the
Three and Twentieth Day of this Instant January, at
Ten of the Clock in the Forenoon.
Attainder of Persons in the late Conspiracy, Bill:
The Order being read, for the producing Evidence
against the Persons named in the Bill, intituled, "An
Act to attaint such of the Persons concerned in the
late horrid Conspiracy to assassinate His Majesty's
Royal Person, who are fled from Justice, unless they
render themselves to Justice; and for continuing several
other of the said Conspirators in Custody:"
George Harris, George Porter, James Ewbank, Abraham Sweet, and Richard Fisher, were sworn, at the Bar;
and gave Evidence against all the Persons named in the
Bill, and also against Robert Blackbourne now Prisoner
in Newgate.
And being withdrawn;
Hodie 2a
vice lecta est Billa, intituled, "An Act to
attaint such of the Persons concerned in the late horrid
Conspiracy to assassinate His Majesty's Royal Person,
who are fled from Justice, unless they render themselves to Justice; and for continuing several other of
the said Conspirators in Custody."
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 on the said Bill.
And, after some Time, the House was resumed.
And the Earl of Bridgewater reported, "That the
Committee had gone through the said Bill, with some
Amendments."
Which were read Twice, and agreed to.
Hodie 3a
vice lecta est Billa, intituled, "An Act to
attaint such of the Persons concerned in the late horrid
Conspiracy to assassinate His Majesty's Royal Person,
who are fled from Justice, unless they render themselves to Justice; and for continuing several other of
the said Conspirators in Custody."
The Question was put, "Whether this Bill shall
pass, with the Amendments ?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Sir Richard Holford:
To return the said Bill, and desire their Concurrence
to the Amendments.
Smith to attend.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Mr. Mathew Smith do
immediately attend this House.
Harcourt to attend.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Mr. Symon Harcourt do
attend this House on Monday next, at Eleven of the
Clock in the Forenoon.
Smith to be attached.
The Messenger sent to summon Mr. Mathew Smith
informing the House, "he could not find him:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Serjeant at Arms
attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Mathew Smith, and
bring him in safe Custody to this House; and this shall
be a sufficient Warrant on that Behalf.
To Peter Persehouse Esquire, Serjeant
at Arms attending this House, his
Deputy or Deputies, and every of
them.
E. Lincoln versus Roll & al.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Cause appointed to
be heard on Monday next, wherein the Earl of Lincoln,
by Susanna Countess of Lincoln his Mother and Prochein
Amy, is Appellant, and Samuel Rolle and others Respondents, shall be heard, by Counsel, at the Bar, on Thursday
the Fourteenth Day of this Instant January, at Ten of
the Clock in the Forenoon.
Ly. May Fenwick's Pipers: No 1.
The Three Papers delivered by the Lady Mary Fenwick, the Two and Twentieth of December last, were
read, and are as follow; (videlicet,)
"I desire Leave to clear myself of an Aspersion this
Honourable House has laid upon me. If they will give
me their Assistance, I will lay before them a Way they
may come to see the Truth of that Matter, if they
will give me the Assurance of the House that nothing
that I say shall hurt myself, or make me an Evidence
against any body.
I desire that my Lord P. and R. may be asked concerning some Letters and Intelligence that was brought
to the King, giving an Account of the Correspondence
held here with K. J. by great Men in this Government.
"I also desire that the King may be intreated to lay
before this House the Informations that was given in
against Lord Ma. and for which he was removed from
his Places, and sent to The Tower.
"I desire that the D. of N. may be examined; concerning what Captain S. said to him about the Correspondence held betwixt K. J. and the great Men
here in the Government; and if his Grace did not
acquaint the King with the same.
"I further desire that the said Captain S. may also
be examined, who can give an Account of the Correspondence, and withal some original Letters of the
D. of S.
"I likewise request it may be humbly desired of the
King, that the Letters that come to His Hands from
K. J. the Q. and others in France, writ to the
Lord G—d—. may be laid before the House; and
that my Lord P. and R. may be asked about it.
"Whether it will be a more proper Time to offer
to clear himself of the Aspersion to the House before
his Trial, or after; if afterwards, then to have
a Petition ready to send into the House before the
Bill be read a Third Time ?
Paper, No 2.
"Intending to make good the Truth of my Account given to the King:
"1. I insist upon the Improbability of my falsely
accusing the great Men of several Parties for my
Safety.
"2. That, allowing any Part of what I have said
upon Hearsay to be false; it may nevertheless be true,
that such were the Informations given to me by those
that governed (fn. *) Party.
"3. That, had not Goodman made his Escape, there
were others that could (fn. †) have given positive Accounts
of Knowledge, and probably would have done so,
concerning what I have said.
"4. That, if I come to suffer, it will then appear, by
the Confirmation of a dying Man's last Words, that
my Account given to the King was Truth.
"5. I only with my Fate depended upon that alone,
the King's own Knowledge of the Truth or Falsehood of most Things contained in my Paper.
"6. That, if this Honourable House expects that I
should speak plainly to them, they will let me have
positive Assurance, that they will give me their utmost Assistance to make good what I say towards
the Discovery of Truth, and not oblige (fn. *) to speak to
no other Purpose but to incense my Enemies of all
Parties.
"7. Insist for Ground of Probability, the Manner
and Time of Shrewsbury's laying down, and Russell's
laying down, when the Three Admirals came in, and
the surprizng and sudden coming in of Shrewsbury
again, which then could not be voluntary; and what
could constrain him, but the King's having some Discovery of his Dealings, by which Means he was in
His Power.
"8. That all the Time he mentions the Beginning
of this Correspondence, One of the Persons concerned was deprived of all his great Places, and committed to The Tower, for a Reason which must be
upon Evidence, and for such Practices as he alledges
corresponding with France; he therefore desires the
Evidence against Marleborough at that Time may be
laid before the House.
"9. He likewise requests it may be humbly desired
of the King, that the Letters that have come to
His Hands from the late King and Queen, and others
in France, intended for the Lord Godolphin, may be
laid before the House; and that the Lord Portland
and Rumney may have Leave to acquaint the House
of what they know in that Matter, as likewise of
great Presents sent about that Time to the late Queen
into France."
Paper, No 3.
"1. The Bill having passed the House of Commons; the only Point in Question is, What can most
probably prevent its passing in the House of Lords ?
"2. The best and almost certain Way to stop the
Bill of Attainder in the House of Lords, is frankly
owning and endeavouring to prove there, the Confession made to the King; that is the proper Place
for him so to do, and not in the House of Commons,
whose Proceedings are not so regular as in the House
of Lords: The Party for the Persons mentioned
amongst the Peers is not strong, and there Sir John
Fenwick may oblige whom he shall think fit to declare their Knowledge upon Oath. This is upon Supposition that Sir John Fenwick can with Truth abide
by it; and if so, his Conscience, his Reputation, his
Safety, are equally concerned in it.
"3. For, if well considered, his Endeavours to
prove that Paper will lose him none of such as
pass for Jacobite or Tory, which all of them will
naturally oppose the Bill of Attainder: They can
none of them be concerned at any Proofs attempted
against some of the great Persons mentioned that
were in Office; and the others are not touched in
their Reputation, being prosessed Jacobites, nor made
unsafe, if Sir John resolve to be no Evidence, of
which there will be no Necessity if the Bill do not
pass; neither are any of the others in Danger for
their Lives, were there Proofs of Matters of Fact
before the Act of Indemnity.
"4. But an ingenuous Confession (for which there
is so much Room by reason of the Discouragement
he met with elswhere, which he will not find amongst
the Lords, but much the contrary, and where he
may insist upon necessary Preliminaries) will inevitably divide, if not altogether sway, the other Party;
and the Case is very differing in the Two Houses;
some great Lords removed, and great Places emptied,
may be supplied by themselves; whereas, in the
House of Commons, those Persons put into Place by
these great Men, may fear they may want their Support for the Places they already have.
"5. The Bill alledges Prevarication in his Confession, and declares his Paper delivered to the King
false and scandalous, and given in for Delay; and
the withdrawing of Goodman is mentioned in it, as a
Motive to this extraordinary Proceeding.
"6. But, by a Confession and making the Paper
good, all that Part of the Bill, all those Insinuations of Prevarications of the Falsehood and Scandal
of the Paper vanish, or at least will not pass de bene
esse; as likewise the Pretence of Delay, and his Confession formerly: And avowing it now amounts almost
to a Demonstration that he did not contribute to the
removing Goodman; for he depended upon his Confession to save his Life, and after that Step it were
ridiculous in him to think of any other Way.
"FINIS."
Dutchess of Norff. Ly. M. Fenwick, & al. Examinations read.
Which Papers, with the Lady Mary Fenwick's
Letter to the Dutchess of Norfolke, as also the Examinations of the Lady Mary Fenwick, Mrs. Lawson,
the Dutchess of Norfolke, and Mrs. Symmons, being
read;
E. of Monmouth heard:
The Earl of Monmouth was heard.
After Debate;
The House came to the following Resolution; (videlicet,)
Papers delivered by Ly. M. Fenwick, voted scandadalous, &c.
"Resolved, by the Lords Spiritual and Temporal
in Parliament assembled, That those Three Papers,
which were delivered into this House by the Lady
Mary Fenwick, do contain in them Matter of a scandalous Nature; and that the Contrivance of them is
a high Crime and Misdemeanor."
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of this Matter shall be resumed on Monday
next, at Twelve of the Clock.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Lunæ, (videlicet,) undecimum diem instantis Januarii,
hora Aurora, Dominis sic decernentibus.