"The Lords have defired this Conference with the "House of Commons, in order to a good Correfpon"dence between the Two Houfes, which they will al66 ways endeavour to preserve.

"When either Houfe of Parliament have apprehen"ded the Proceedings of the other to be liable to Ex"ception, the ancient Parliamentary Method hath "been, to ask a Conference; it being ever supposed "that, when the Matters are fairly laid open and debated, "that which may have been amifs will be rectified; or "elfe the House that made the Objections will be fa"tisfied that their Complaint was not well grounded.

"Such Hopes as thefe have induced the Lords to "command us to acquaint you, That, upon Confide"ration of the Petition of Daniel Horne, Henry Bafs, "and John Paton Junior; and alfo of the Petition of "John Paty and John Oviatt; complaining to the "Houfe of Lords, "That they have been Priso"ners in Newgate for about Twelve Weeks, upon "feveral Warrants, figned by the Speaker of the House "of Commons, bearing Date the Fifth of December "laft, for their having commenced and profecuted "Actions at Common Law against the late Conftables "of Ailesbury, for not allowing their Votes at an Elec"tion of Members to ferve in Parliament, which "Actions, they alledged, they were encouraged to "bring, by reafon of a Judgement given in Parlia"ment, upon a Writ of Error, brought in the last "Seffion, by one Ashby, against White and others; and "alfo representing, by the fame Petitions, what had "been done by them refpectively, fince their faid Com"mitment, in order to obtain their Liberty; and pray"ing the Confideration of the Houfe of Peers upon "the whole Matter;" and alfo upon Confideration of a "printed Paper, intituled, "The Votes of the House "of Commons," figned with the Speaker's Name, and "dated the Four and Twentieth of this Inftant February: The Houfe of Lords found themselves "obliged to come to feveral Refolutions, which they "have commanded us to communicate to you at this "Conference, and are as follow:

"That every Englishman, who is imprisoned by any Authority whatfoever, has an undoubted Right, "by his Agents or Friends, to apply for and ob"tain a Writ of Habeas Corpus, in order to pro"cure his Liberty, by due Courfe of Law.

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"5. Refolved,

"That for the Houfe of Commons to cenfure or punish any Perfon for affifting a Prisoner to pro"cure a Writ of Habeas Corpus, or, by Vote or "otherwife, to deter Men from foliciting, profe"cuting, or pleading upon, fuch Writ of Habeas Corpus, in Behalf of fuch Prifoner, is an Attempt of dangerous Confequence, a Breach of "the many good Statutes provided for the Liberty "of the Subject, and of pernicious Example, by "denying the neceffary Affiftance to the Prifoner upon a Commitment of the House of Commons, "which has ever been allowed upon all Commit"ments by any Authority whatsoever.

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Meffage to H. C. for the Conference.

bit Commerce with France.

"In thefe Refolutions, the Houfe of Lords have "expreffed that Regard and Tenderness which they "have always had, and will ever maintain, for the "Righ's of the People of England, and for the Liber"ties of their Perfons; and alfo their Zeal against all "Innovations to the Prejudice of the known Courfe of "Law, whereupon the Happinels of our Conftitution "does depend: And they hope that, upon Recollec"tion, the Houfe of Commons will be of the fame Opinion in all the Particulars refolved by the Lords, "and agree with their Lordships therein.'

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Then,

A Meffage was fent to the Houfe of Commons, by Mr. Juftice Tracy and Mr. Baron Smith:

To defire a prefent Conference, in the Painted Chamber, about fome ancient fundamental Liberties of the Kingdom.

Merchants, Upon reading the Petition of feveral Merchants, against a Claute in the On Behalf of themselves and the reft of the Merchants Bill to prohi and Traders in general; fhewing, "That there is a Bill depending in this Houfe, intituled, An Act for "prohibiting all Trade and Commerce with France; "wherein there is a Claufe, relating to Foreign Bills of "Exchange, which they conceive to be very deftructive "to the Trade and Credit of this Kingdom; and praying Relief therein:"

Viscountess Dowager

& al.

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It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioners fhall be heard, by themfelves or Counfel, as to this Matter, in the Committee of the whole Houfe, on Saturday next, at Eleven a Clock.

After hearing Counsel, upon the Petition of the Right Falkland & al. Honourable Rebecca Viscountefs Dowager of Falkland, verfus Sir Cloudefly Shovell Knight and Dame Elizabeth his L. Cheney Wife, Executrix of Sir John Norborough Knight, decealed, Francis Nicholson Esquire, and others, relating to a Caufe lately heard in this Houfe, to which William Lord Cheyney, Sir Walter Clarges Baronet, Peter Barwick Doctor in Phyfic, Executors of Chriftopher late Duke of Albemarle, deceased, were Refpondents; and praying "the Explanation of the Judgement of this Houfe, as "to the Petitioners having Intereft for the faid Duke's "Share by them advanced towards the Third Voyage, "in fuch Manner as they are to have Intereft for the "Duke's Share of Charges by them advanced in the "Two former Voyages;" as alfo Counsel for the Refpondents, and due Confideration of what was offered thereupon:

Low Wines, &c. Bill.

fuerunt:

Ds. Cuftos Magni
Sigilli.

Ds. Godolphin, The-
faurarius.
Comes Pembroke,
Præfes.

Dux Buckingham,

C. P. S. Dux Somerset. Dux Richmond. Dux Grafton. Dux Bolton.

Comes Lindsey, Magnus Camerarius.

Comes Derby.

Comes Northampton.

Comes Denbigh.

Comes Westmorland.

Comes Rivers.

Comes Stamford.

Comes Winchilfea.
Comes Kingston.

Comes Sunderland.

Comes Scarfdale. Comes Effex. Comes Anglesey. Comes Feverfham. Comes Berkeley. Comes Nottingham. Comes Abingdon. Comes Portland. Comes Torrington. Comes Scarbrough. Comes Bradford. Comes Orford. Comes Jersey.

Viscount Townshend.

PRAYER S.

Ds. Bergevenny. Ds. Howard Eff.

Ds. Grey W.

Ds. Poulett.

Ds. Mchun.

Ds. Vaughan.

Ds. Colepeper.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Halifax.
Ds. Gernfey.

Ds. Hervey.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Bill, intituled, "An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures, "and upon Hawkers, Pedlars, and Petty Chapmen, "and upon Mullins; and for granting new Duties upon "several of the faid Commodities, and alfo upon Cal"licoes, China Ware, and Drugs;" and alfo the Bill, Subfidy Bill. intituled, "An Act for granting to Her Majesty a "further Subfidy upon Wines and Merchandizes imported," fhall be read the Second Time on Saturday next, at Twelve a Clock.

Recruits for

&c. Bill.

Hodie 2 vice lecta eft Billa, intituled, "An Act for Land Forces, the better recruiting Her Majefty's Land Forces and "the Marines, for the Year One Thousand Seven "Hundred and Five."

ORDERED, That the faid Bill be committed to a Committee of the whole Houfe, To-morrow, at Twelve a Clock.

Committee,

The Duke of Bolton reported, from the Committee Report of the appointed by the Houfe, to confider of the State of the in relation to Nation in relation to Naval Affairs, as follows; (v-Naval Affairs. delicet,)

"He faw Two fmall Veffels, which came from Lime (as he was told); but could not learn their Names.

"He faw great Quantities of Lead on the Shore "but could not tell out of what Ship it came.

"He faw Five or Six English and Irish Ships at Rockel, "and Four at St. Martin's, and another Ship of 80 "Tons at Bordeaux; but knows not the Names of "the Ships or Mafters; nor the Names of the Masters "who gave the French Privateers Notice of the Strength "of Sir George Rooke's Fleet, as he had mentioned in "his Memorial."

"He brought feveral Perfons before the Committee, "to inform them of this unlawful Trade; particularly, "Captain Jofiah Francis, who, being fworn, acquainted "the Committee, "That he was taken by a Marteneco “Privateer, and sent for Bordeaux; but the Ships being "driven, by contrary Winds, to Rockel, he faw there John White, of Rofs in Ireland, who told him, "He "belonged to a Ship which then lay Stern of them." Captain Francis knew the Ship to be The Angel Ga"briel, of Rofs, Nicholas Rock Mafter, whom Francis "faw feveral Times after in Rochel. The Ship belonged to Maurice Neale and one Brown, of Roffe."

"An Irish Sloop, of which one John Roberts was "Mafter, came in, and difcharged her Lading of Pro"vifions at the Key of Rochel, while Captain Francis "was there; which, he was informed, belonged to Jehn "Lucas and Thomas Crocker, Merchants, in Youghall.

"He faw Wm. Williamfon taking an Account of "Provifions then landing out of a Pink; which, Wil"liamfon told him, belonged to Alderman Bell, of "Dublin. He alfo faid, There were then Fifteen "English and Irish Ships in the Port, who waited to go "out with feveral Ships of War that lay in the Road, "and were reported to be victualed, and fome of them "loaden with Provisions out of those Ships.

"Rock and Mac Creagh caufed Francis to be clofe "confined, that he might not obferve their Trade; "and they endeavoured to perfwade him, and other "Prisoners, to take Service with them, or with the "French.

"One Quen, an Irishman, who goes every Year to "Martenico, to buy New-England-built Ships for the "Irish Trade, offered Captain Francis the Command of "the fame Ship he came in from Martenico, if he "would take an Oath to bring her again to Fance.

Captain William Fowles, who was alfo fent a Pri"foner from Martenico to France, informed the Com66 mittee, "That, in April lalt, going between Olerone "and St. Martin, they met Six Sail of English and Irish "Veffels, coming out among many French Ships; and "One Ketch coming near the Ship in which Captain "Fowle was, he asked, "Whither they were bound?” "And they answering, "For Ireland;" he defined Paffage with them; which they refused. He was "informed, by One that faw her, "That the fame "Ketch went then to Bordeaux, and there loaded for "Ireland."

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"In Rochel Road, he faw Three English or Irish "Ships; which (as he was informed) had discharged "their Provifions on Board fome French Men of War lying at the Mouth of the River of Rochford, being "bound to Brest, to join the Count de Tholoufe.

"He faw feveral Ships in the Pier, which, he was "told, were Irish Ships that brought Provifions; and "One, he was told, belonged to London.

"He was put in the Common Gaol, with about "Twenty English Prifoners; where Michael Brown, "Mafter of a Ship belonging to Gallway, and one "Ulridge, an Irish Merchant, coming to fee him, told

Origin. Mr. Creagh.

"One Richard Murphay came in, with a Ship of "about Ninety Tons; and, in his Hearing, gave an "Account how he was once ftopped and examined "coming from France; and by what Trick he ef "caped.

"He heard of feveral Ships with Provifions come to "Rochel, which were expected at Bourdeaux.

"The Mafter of the Ship he was put aboard defi"red them to take an Oath, not to difcover their coming "from France (the Cask being all made Portugal Fashion, "and having a falfe Pafs and Clearing from Viana; but "it was refused." He fays, "When they came to Glaf gow, they found no Oppofition."

"There was an Affidavit of one Daniel Collet, taken "before a Juftice of Peace at Bridgewater, laid before "the Committee; wherein Collet fwears, "That, while "he was Prifoner at Bordeaux, he faw feveral Irish and "Scotch Ships come in, to trade there; particularly, The "Mary and Anne, of Dublin, with Provifions; and fhe "was laden back with Wines.

"That

"That fince that, he faw the fame Ship at Water"ford; having difcharged her Cargo of Wine, and "ready to take on Board another Cargo of Provi"fions."

་

་

"Mr. John Waller also gave in an Information of "the Account he had, from one Michael, of Corke, of "a great Trade carried on with France, from Dublin, Waterford, Rofs, Cork, and Lymrick; and "that, by "Michael's 'Means, he feized a Dogger in Ofter Bay, "laden with Wines from France, the Mafter's Name "Robert Flavy, which he brought into Kinfale, and put

"into the Hands of the Prize Officers there; with the "feveral Particulars of that Attack; and of the Info"lence of Hamilton and Colwell, who pretended to own "the Wines; and the Endeavours used to corrupt "Waller, to hold his Tongue."

"Mr. Richard Burrough alfo gave Information, "That The Saint Catherine, of London, a Letter of "Mart Ship, Charles Davenh Mafter, which was laden "in The Thames, by Crofs, Elliot, Nichols, and Fetiplace, "Merchants, in 1702, failed to Teneriff, and there put "up a Swedes Flag, and unladed her Cargo there and "at Oratavo, and was re-laden with Canary Wines, and "came back to England, and was feized at St. Ives for "trading to Spain; but was afterwards cleared at "Doctors Commons." The Informer fays, "He was fo "ill-ufed by the feveral Officers, only because he de"clared the Truth, that it had been better for him to "have been carried Prifoner to France with his "Goods; and mentions the Particulars."

"The Committee ordered the Papers to be re-delive"red to the Regifter, in order that the fame might be "ufed at the hearing the Appeal.

"Upon that Hearing, the former Sentence was con"firmed; and fome of the Lords of the Committee "being prefent when the Appeal was heard, and giving "an Account to the Committee of what had paffed at "the faid Hearing, the Committee, as well upon that "Account, as upon Confideration of the Papers, were

of Opinion, That the faid Matter ought not to be

"The Committee alfo caufed the Names of the

« Perfons and Ships in Ireland, which were fworn to "have traded with France, to be delivered to Cap"tain Thomas Knox, who is employed, by the Order of "the Lord Treafurer, to prevent a pernicious Trade "carried on in Ireland, of tranfporting Wool to France; "for which Purpofe, Knox was just then going to that "Kingdom.

"Knox delivered to the Committee, an Account of "his former Proceedings, in relation to his hindering "the exporting of Wool; which is humbly laid before "the Houfe, together with the feveral Informations "beforementioned; to which, for greater Certainty in "the Particulars, the Committee defire your Lordships will pleafe to be referred.

"The Committee are humbly of Opinion, That there "is fufficient Proof of an unlawful Trade carried on "with France, from England, Scotland, and Ireland; "which they fubmit to the Houfe."