"at the Queen's Bench Bar, upon the Return of the "Habeas Corpus, in Behalf of the Prifoners, feemed very "remarkable: "That it was because they were not fo "modeft as to acquiefce in the Opinion of the Lord "Keeper and the Judges, that the Prifoners were not "bailable by the Habeas Corpus Act; and they would "not have taken Notice of them, but because they "would not rest satisfied, but would bring on the "Cause again; where the Privileges of the House of "Commons were, with great Licentioufnefs of Speech, "denied and infulted in public Court, without any "Hopes or Profpect of Relief of the Prifoners, but "in order to vent new Doctrines against the Com"mons." "This feemed to be a Kind of Excufe for the com"mitting of the Counfel; but it does in no Sort agree "with the Votes relating to this Matter, which paffed "in general Terms, and may be cited for Precedents "hereafter for committing Counsel (with as good Reason "as the Votes in 1675) when these fecret Motives which "induced the Houfe of Commons in this Cafe will not appear. 66 "The Vote of the 24th of February ordered the "Committee to examine what Perfons had been con"cerned in pleading upon the Writ of Habeas Corpus, "not what was faid by Counfel in their Pleadings. And "the Votes against the feveral Gentlemen of the 26th "of February are," That, by pleading upon the Return of "the Habeas Corpus on Behalf of the Prisoners, they "were guilty of breaking the Privileges of the House "of Commons.' "It does not appear that there was any Complaint "of what they faid, at least there was no Vote against "them for their Words; and indeed, if the Charge against them had been for Words fuppofed to be fpoken, it "would have been a moft unaccountable Hardship "to have hurried them into Cuftody, without ever bringing them to the Houfe, to hear their Accufa❝tion, or to be heard as to what they had to fay for "themselves. 66 66 "It does not appear that thefe Gentlemen were ever "heard, or indeed were at all concerned, as to the "Writs of Habeas Corpus brought before the Lord Keeper and the Judges in the Vacation Time: But fuppofe they had, and fuppofe they were fatisfied that, as the Habeas Corpus Act was drawn, these Men might "not be to clearly bailable by the Judges in Vacation "Time, by virtue of thefe Writs which were formed upon that Statute; and yet they might be of Opinion, that the Prifoners had a reasonable Profpect of ob"taining Relief upon Writs of Habeas Corpus brought "at Common Law. "If they thought fo, it was not upon flight Grounds, "as appeared by the Confequence; for the Lord Chief "Juftice of the Court of Queen's Bench, whofe Learn"ing and Judgement is well known, and as univerfally "efteemed as his Integrity, was clearly of Opinion, "that they were entitled to the Relief they prayed for "their Clients. "The Commons may give what hard Words they please to these Gentlemen's appearing to plead in Be"half of the Prifoners upon the Writs of Habeas Corpus. They may call it Inveteracy fhown to the Com"mons, and a Confpiring to make a Difference between "the Two Houfes, and to disturb the Peace of the "Kingdom. But, after all that can be faid, the Fact "will only be, that Four Gentlemen, Lawyers by Pro"feffion, retained in a Cafe of Liberty upon a Habeas "Corpus brought by Five poor Prifoners, did their "Duty in their Profeffion, and, for doing fo, were them"felves imprifoned by the Houfe of Commons, and "denied the Benefit of the Habeas Corpus Act; and this "the House of Commons called "doing Right to their "Body." 66 "No Lawyer has fuffered for ferving his Client, even "against the Crown. If the Learned in that Profeffion may fafely open the Law, when the Prerogatives of "the Crown are in Queftion, it will feem very hard "they should be punished for doing it in a Cafe of "Privilege. To deprive Men under Restraint of Affift"ance of their Friends, exceeds the Severity of any "Court but that of the Inquifition, the very Name of "which ought to ftrike all Englishmen and Protestants with Horror. "The last Refolution of the Lords was not contra"dicted by the Houfe of Commons; and therefore the "Lords took it for granted, that as it was no longer "contested, but that a Writ of Error is a Writ of mons did no longer inlift upon that Part of their Right, and not of Grace, confequently that the CoinAddrefs, "That the Queen would not give Leave for σε a Writ of Error." It is ORDERED, by the Lords Spiritual and Temporal tion, Addrefs, Reprefentain Parliament affembled, That the Reprefentation and and Anfwer, to Addrefs this Day prefented to Her Majefty, with Her be printed. Majefty's moft Gracious Anfwer thereunto, and the Thanks of this Houfe for the fame, together with the Papers annexed to the faid Reprefentation and Addrefs, and laid before Her Majefty, fhall be forthwith printed and published; and that the Lords Committees who drew the faid Representation and Addrefs do take Care and give Directions therein. 1 Bill paffed. Who being come; their Speaker made a Speech to Her Majesty, in relation to the Money Bills to be paffed. Then the Clerk of the Parliaments took the faid Bills from the Hands of the Speaker, and brought them to the Table; where the Clerk of the Crown read the Titles of them, and the other Bills to be paffed, as follow; (videlicet,) "1. An Act for continuing Duties upon Low Wines, "and upon Coffee, Tea, Chocolate, Spices, and Pic66 tures; and upon Hawkers, Pedlars, and Petty Chap"men, and upon Mullins; and for granting new Du"ties upon feveral of the faid Commodities, and alfo upon Callicoes, China Ware, and Drugs." "2. An Act for granting to Her Majesty a further "Subfidy on Wines and Merchandizes imported." 3. An Act for the better enabling Her Majefty to grant the Honour and Manor of Woodstock, with the "Hundred of Wootton, to the Duke of Marlborough and "his Heirs, in Confideration of the eminent Services by "him performed to Her Majefty and the Public." 66 4. An Act for Relief of Fulke Emes Gentleman, and "others, who had elapfed their Times, either for paying "their Money, or naming their Nominees, for purchafing "Annuities; and alfo for Relief of Sir John Mead Knight "and Baronet, who had elapfed his Time for paying "Part of his Purchase-money for a forfeited Estate in "Ireland; and alfo for Relief of Dorothy Ireland and others, in respect of feveral Tickets for Payment of "Annuities, and of feveral Million Lottery and Malt "Lottery Tickets, and Exchequer Bills, and Debentures "of the Army, which have been burnt or loft." "10. An Act for prohibiting all Trade and Com"merce with France." 66 3. An Act to veft the Eftate of Charles Lord Howard "Baron of Eferick in Trustees, to fell the fame, for Pay"ment of his Debts." 66 4. An Act for Sale of feveral Eftates in England and. "Ireland, for Payment of the Debts of Charles late Earl "of Burlington and Corke." 5. An Act for confirming an Agreement made by "certain Articles, by and between John Earl of Kildare, "Richard Lord Bellew, both of the Kingdom of Ireland, "and Frances his Lady, Charlotte Countess of Newburgh, "of the Kingdom of Scotland, and William Rowley Efquire; "and for felling Part of the Eftate of the faid Earl of Kildare, for the Purposes therein mentioned." "6. An Act for Confirmation of an Agreement made "between Thomas late Lord Bishop of Carlisle, and Tho"mas Coke Efquire, for vefting the Rectory of Melborne, "in the County of Derby, in the faid Thomas Coke and "his Heirs, upon Augmentation of the Rents to the Bishopric of Carlisle, and of the Stipend to the Vicar "of Melborne." 66 66 7. An Act for confirming a Leafe heretofore made "of certain Meffuages and Lands in Epfam, by Sir Jofeph Shelden and Sir James Edwards, to Humphry "Bean, and agreed to be affigned to Sir Thomas Cooke "Knight; and for enabling a Lease of other Lands ad"joining to the fame to be made to him." "8. An Act for enabling Trustees to make Leafes of "11. An Act to prevent all traiterous Correfpondence "Part of the Manor of Dingley, and Lands there, for "with Her Majefty's Enemies." "Payment of the Debts of James Griffin Efquire, and "raifing Portions for Younger Children." "12. An Act for punishing Mutiny and Desertion, "and false Musters; and for the better Payment of the "Army and Quarters." "fion, by Sir Peter Tyrrill and Thomas Tyrrill his Son, in "order to enable them to fell feveral Lands in Hanflopp "and Caftlethropp, in the County of Bucks, which were "fettled upon the Marriage of the faid Thomas Tyrril "and Dorothy his Wife, and to fettle other Lands in "Lieu thereof." 66 "10. An Act for vefting in Trustees the Eftate late "of Sir Thomas Worfopp Knight, and John Worfopp Ef"quire his Son, deceated, in Finsbury Fields and Moorfields, in the Parish of Shoreditch, in the County of "Middl'x, to be fold, for the Payment of Debts and 66 Legacies; and the Overplus of the Money remaining, 66 to be laid out for the purchafing of Meffuages, Lands, "Tenements, or Hereditaments of Inheritance, in the Kingdom of Ireland, to be fettled as in the Act is par"ticularly mentioned." 66 "II. An Act to enable William Cavendish Efquire to "make a Settlement in Jointure upon any Wife he shall 66 marry; and for the better raifing the Portions charged "upon his Eftate; and for confirming Enfranchisements "of feveral Copyhold Eftates made by his Father, within "the Manor of Dovebridge, in the Counties of Stafford "and Derby." 12. An Act to enable Sir George Warburton Baronet 66 to fell the Manor or Lordship of Pulford, in the County "of Chefter, to perform an Agreement made upon his "Marriage, for Payment of fevera! Portions charged "upon his Eftate; and alfo to pay fome Debts which his "Father had Power to charge." 13. An Act to empower the Lord High Treasurer, "or Commiffioners of the Treafury, to compound with "Sir Michael Biddulph Baronet, as he was One of the "Sureties for Morgan Whitley Efquire, Receiver General "for the Counties of Chester and North Wales." "14. An Act to empower the Lord High Treasurer, "or Commiffioners of the Treafury, to compound with "Richard Cobb Esquire, as One of the Sureties for Tho66 mas Cobb Gentleman, deceafed, Receiver General for "the County of Southampton and Inle of Wight." 19. An Act to empower the Lord High Treafurer, "or Commiffioners of the Treafury, to compound with "Michael Wicks Efquire, late Receiver General of the "Plantation Duties in the Port of London." "22. An Act for Sale of Part of the Eftate of Baptist "May Efquire, deceased, for reimburfing Charles May Efquire, his Nephew, fuch Monies as he has expen"ded, for discharging the Debts, Legacies, and Funeral Expences, of the faid Baptift May." 66 "24. An Act for the better Explanation of the Set"tlement of the Eftate of William Trafford Gentleman "and Clare his Wife, and William their Eldeft Son; and "for making more effectual a Provifion for Younger "Children, according to Agreements between them." "25. An Act to enable James Lockhart Efquire and "his Wife to fell certain Lands, Tenements, and He"reditaments, in the County of Effex, late of Sir Tho"mas Luckin Baronet, deceased, for Payment of their "Debts; and to purchafe other Lands with the Overplus of the Money, to be fettled to the like Ufes." 66 "26. An Act to enable Trustees to fell fuch Part of "the Estate of Richard Lifter Efquire and Frances Pate "Lifter his Wife, fole Daughter and Heir of Sir Thomas "Smith Baronet, deceased, in the County of Chester and "City of Chester, as remains unfold, in order to raise 66 Money, for the Payment of the Debts of the faid Sir "Thomas Smith, and for Portions for Younger Children "of the faid Frances Pate Lifier; and for applying the "Overplus in the Purchase of other Lands, to be fettled "to the fame Ufes as they are now fettled; and likewife "for confirming fuch Leafes and Sales as have been "made towards Discharge of the faid Debts." 66 EO "27. An Act for vefting the Equity of Redemption "of the Manor and Capital Meffuage of Latchford, with "the Appurtenances, and divers Freehold Meffuages, "Farms, and Lands, in Latchford and Hafely, in the "County of Oxon, late the Estate of William Lenthall Efquire, deceafed, in Truftees, to be fold, for dif charging of Incumbrances thereupon." 66 "28. An Act for Sale of feveral Lands, in the Coun"ties of Durbam and Northumberland, late of Patricius "Crowe Efquire, deceased, for the raifing the Portions charged thereupon for his Younger Children." 66 66 "and Elizabeth his Wife in Trustees, to be fold; and 29. An Act for vefting the Estate of Joseph Grainge to difpofe of Part of the Money arifing by fuch Sale, "for the Maintenance of the faid Elizabeth, purfeant "to their Marriage Settlement; and to apply the Refi " due To thefe Bills the Clerk of the Parliaments pronounced the Royal Affent, feverally, in thefe Words; (videlicet,) "Soit fait come il eft defiré." Then Her Majefty was pleased to fay as followeth; "My Lords and Gentlemen, "I cannot put an End to this Seffion, without doing you the Juftice to acknowledge, you have fully made "good the Affurances you gave Me at the Beginning of "it, by the great Readine's you have fhewn in the Dif "patch of the Public Bufinefs: And I make no Doubt "but this Difpatch will prove a real Advantage to us, "and a great Difcouragement to our Enemies. "Gentlemen of the Houfe of Commons, "I return you My hearty Thanks in particular, for "the great Supplies with which you have enabled Me to "carry on this neceffary War: I affure you, they fhall "be carefully applied to the Ufes for which they have "been given; and, I perfuade Myfelf, I fhall always have "the chearful Affiftance of My dutiful and loving Subjects, in the Profecution of the prefent War, till our "Enemies are obliged to fuch a Peace, as fhall be a Queen's Speech. |