Sir R. Gwynne. You may by any solicitors evidence of that matter, but in a little time they or agents, that were present when these wit-will be able to, give an account of what was Desses were examined in the House of Lords, then sworn. !prove what they swore there.

Mr. Dodd. We apprehend you have already determined the matter, and we cannot now meddle with it; but if I apprehend it aright from the chair, it is your opinion, that we may produce the solicitors and agents, to give an account of what was sworn in the House of Lords. Now we are under this disability by your determination, that we, relying upon what you have determined against us, are not prepared with our solicitors, or others, to give

Mr. Atwood. It seems they want to be taught their lesson.

And then the Counsel withdrew, and the Committee proceeded upon the Bill clause by clause, and went through it, and ordered the same to be reported; which was done accordingly; upon which the Bill passed.*

"The duchess afterwards married sir John Germaine, bart." Former Edition.

410. Proceedings against Sir WILLIAM WILLIAMS, bart. for the Publication of Dangerfield's Narrative: 36 CHARLES II.*— 7 WILLIAM III. A. D. 1684-1695.

An INFORMATION against Sir WILLIAM WIL-
LIAMS, for Printing and Publishing a sedi-
tious Libel, reflecting upon the Duke of
York, the King's Brother.

REX v. WILLIAMS. Trin. 36 Car. 2.

Midd. ss. QUOD Willielmus Williams nuper de Westm' in Com' Midd'Ar' existens homo pernitiosus et seditiosus ac machinans et false malitiose et seditiose intendens pacem et comm'

tranquillitat' hujus Regn' Angl' inquietare molestare et perturbare ac seditionem discord' et malevolentiam int' dict' Dom' Regem nunc et subdit' suos hujus Regn' Angl' facere movere excitare et procurare necnon serennissim' et excellentissim' principem Jacobum ducem Ebor' et Alban' unicum fratrem dict' Dom' Regis in maximum odiu' contempt' et vilipendin' cum dicto Dom' Rege et ligeis et fidel' subdit' ipsius Dom' Regis inducere ac inferre

On the second of February, sir George Treby reported, That the committee had agreed upon several Heads, which he read in his place and delivered in: after some amendments made to some of them they were agreed to by the House. The twenty-second head is "Informations in the court of King's-bench to be taken away.”

Mr. Wynn, in his learned "Argument upon the Jurisdiction of the House of Commons," p. 31, notices, that the "Bill of Rights, after enumerating among the invasions of the constitution, the prosecutions in the court of King's-bench, for matters and causes cognizable only in parliament,' declares, that the freedom of speech and debates, or proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament."" And he says, "That this declaration applies specifically to the cases of the prosecutions of the Speaker and Sergeant [Topham] will be evident, when it is observed, that no other cases had occurred in the reigns of Charles 2, or James 2, where it had been attempted to question, in any other court or place," utterly and directly contrary to the known the freedom of proceedings in parliament."

On the fourth of February, it was, among other things, referred to the same committee "to distinguish such of the general heads as are introductory of new laws from those which arc declaratory of ancient rights." In the afternoon of the 7th of February, sir George Treby accordingly made a report, in which, among the practices which are declared to be

laws and statutes and freedom of this realm," It is observable (though I recollect not to be brought and prosecuted in the court of is enumerated the "causing Informations to have met with the observation) that the House of Commons appears to have been desirous that King's-bench, for matters and causes cogthe Bill of Rights should abolish all informa-nizable only in parliament:" and among the tions in the court of King's-bench.

new laws by which it was proposed and advised to provide for making a more firm and perfect settlement of their religion, laws, and liberties, and for remedy of several defects and inconveniences, one was "for taking away Informa tions in the court of King's-bench;" and to this report the House agreed.

Ultimately the suppression of Informations in the King's-bench was not specifically introduced into the Bill of Rights, but it seems probable that it was one of the articles concern

et ad nequissimas nefandissimas et diabolicas | gend' idem W. W. nono die Novemb. Anno intencon' machinacon' et practicacon' suas Regn' Dom' Caroli Secundi nunc Regis Angl pred' perimplend' perficiend' et ad effect' redi- &c. 34, apud Paroch' Sancti Martini in Campis ing which the two Houses disagreed, and paid, and security given to appear the next ses which were discussed in the conferences be- sions; which per curiam is illegal, and such tween them, respecting that most important order cannot be executed afterwards. But by statute during its progress. The House of Hyde chief justice, the chancellor of course Lords, it seems, indeed objected altogether to may cause their orders to be executed. But by the clause reciting the prosecution of Informa- Twisden, be must have a special order from the tions in the King's-bench, for matters cog- House to execute their orders. But by Keeling nizable only in parliament, &c.: they alledged and Windham, the House of Lords is not like that they did not fully apprehend what was other courts, but is wholly determined by promeant by it, nor what instances there had been rogation, and ceaseth till the next session. And of it, which therefore they desired might be so was Streater's Case, [See it as above referred explained if the Commons should think fit to to] on Habeas Corpus 1654: he was delivered, insist farther on it. The Commons answered, the parliament being determined, against which that they thought it a very high grievance and a he spake those words, for which he was com matter of the greatest consequence to the mitted. Adjornatur. Lords, and to themselves, that matters and causes cognizable only in parliament, should be drawn into examination in inferior courts. See Commons Journals, February 8, 11, 12. On the last of which days sir William Williams was added to the managers of the conference, and he reported the proceedings upon the free conference which was had on that day, although Mr. Sommers had reported the proceedings of the ordinary conference which had taken place on the same day. It appears as if the two Houses had adjusted by a compromise their disagreements upon the subject.

According to Mr. Barrington" the attorney general's power of filing Informations ex officio, seems to be borrowed from the civil law, where there is always a parti publique, or public prosecutor." Obs. on West. primer.

"The return of the Habeas Corpus was, that he was committed March 27 to the Fleet, till fees paid, being taken into custody by Lee, Serjeant at Arms of the House of Lords, (prt saying when but only) by their order dated 11 Feb. Coleman excepted for the incertainty; it doth not appear what the fees are, nor whe should be judge of them. Also the commit ment is not only for fees, but till security given to appear the next sessions. Adjornatur.

ended: and were the prisoner committed for a "The parliament by prorogation is quas contempt, the court might in convenient time have bailed him. But here the want of the day of the taking is material, being in the knowledge of the Serjeant at Arms; therefore it shall be presumed the taking was after the rising of the parliament, which court consists of In a recent Case (Rex v. Mary Jones and King, Lords, and Commons; at which ime another, Mich. Term, 52 G. 3,) that most up- all the privileges of each particular House right and learned magistrate, Mr. Justice Bay- cease, and each prorogation is a new parlia ley, seemed to be `of opinion that Mr. Attor-ment; and the bill twice read before must now ney's power of filing Informations ex officio was sometimes exercised vexatiously.

The question, Whether commitments by a house of parliament may be examined by a court of law? has been frequently agitated. See the Cases of captain Streater, vol. 5, p. 365, of Richard Thompson, vol. 8, p. 1, of Benjamin Flower, A. D. 1799, the recent Case of sir Francis Burdett, and the other cases and authorities, particularly the learned investigations of Mr. Hargrave, therein referred to. In vol. 5 of this Collection, p. 948, upon a motion for a Habeas Corpus, it was held by Newdigate, a Commonwealth judge of B. R. that a prisoner committed by the parliament could not be discharged by an inferior court. The following Report of Pritchard's Case, 17 Car. 2. B. R. I have extracted from 1 Keble 871, 884, 887. The same case is shortly and ill reported in sir Thomas Raymond 120, 1 Lev. 125, Siderf. 265.

"The House of Lords ordered him to be committed, and delivered the order to the Serjeant at Arins to take him, and after the House prorogued he was taken, and detained till fees

be begun anew; and therefore we cannot bail him till the next parliament, but the party ought to be discharged. Parliament, Br. 86, and 4 Inst. 1 H. 7. 20, in Flowerdieu's Case By Windham, recognizance taken by parka ment is fruitless by their session, but judgment given there is delegated to the chancellor, being as a thing finished; but this is but process. And by Twisden, its all one whether he were taken sitting the parliament, or after, for that is but a contempt to them, which this court may discharge: and in Chenye's Case, in this very parlianient, I heard it declared, that what ever is done, must at the next prorogation be begun anew, except in error, where scire faciat may be retornable at the next sessions, being grounded on judicial record. But this is but matter of contempt, which is discharged by the session of parliament. Hyde chief justice, 22 Ed. 3. 23, determines this Case: and omnes in omnibus concurred clearly that he ought to be discharged."

See the Trial of Robert Frances, gent. for the murder of Thomas Dangerfield, and the Note thereto, vol-11, p. 508, of this Collection.

1

[1874 in Com' Midd' Vi et Armis, &c. falso illicite (pred' Ducem Ebor innuendo) ordered Mrs. injuste nequit' malitiose scandalose seditiose et Cellier and myself, in the hearing of my lord diabolice pro Lucro suo proprio inprimi et pub- Peterborough, who was privy to the whole dislicari causavit et appunctuavit quoddam falsum course, to be very careful of what we (pred' scandalosum seditiosum et defamator' Libell' Thomam Dangerfeild et Magistram Cellier inintitulat The Information of Thomas Dan- nuendo) communicated to the persons who *gerfeild gent.' in quo quidem libello int' at' were to be the witnesses in that new Plot, lest continet' prout sequitur. The Information of we (pred' Thomam et Magistram Cellier innuThomas Dangerfeild gent. About the months endo) should be caught in the subornation, and September or October 1679, when Mrs. Cellier so bring a terrible odium upon the Catholics, and myself (pred' Thomas Dangerfeild in in- and make ourselves (pred' Thomam et Magisformatione pred' mentionat' innuendo) waited tram Cellier innuendo) uncapable of any furon my lord Peterborough (Henricum Comit' ther service: After this the duke (pred' Ducem Peterborough innuendo) to be introduced to his innuendo) informed us (pred' Thomam et Mahighness the duke of York, his lordship inquir-gistram Cellier innuendo) that in a month or ed of me (prefat' T. D. innuendo) if the lady Powis had given me (pred' T. D. iterum inuuendo) any directions how to discourse the duke (pred' Jacob' Ducem Ebor' innuendo) I (seipsum pred' T. D. innuendo) replied she (pred' ducissam Powis innuendo) had: then he (pred' Com' Peterborough innuendo) desired to know what they were, upon which, I (pred' T. D. innuendo) shewed his lordship a little book, in which was contained a scheme, and the pretended discovery, which I (pred' T. D. innuendo) had made in the Presbyterian Plot, which book his lordship carefully perused, and finding some omission therein, he (pred' Comit' Peterborough innuendo) ordered me (pred' T. D. innuendo) to write, while his lordship did dictate to me (seipsum T. D. innuendo) those words, videlt', that the Presbyterian party intended to make an insurrection in the north, and so to join with an army of the Scots: Imediately after this his lordship took us (pred' T. D. et Margaretam Cellier in Informatione pred' silt' mentionat' innuendo) into the duke's closet (pred' Ducem Ebor' innuendo) at Whitehall, where we (pred' T. et Magistram Cellier innuendo) both kissed his hand (manus pred' Jacobi Ducis Ebor' inuuendo) and me (pred' T. innuendo) he (pred' Ducem Ebor' innuendo) took from the ground, for I (pred' T. innuendo) was kneeling; then I (pred' T. innuendo) gave his highness (pred' Ducem innuendo) the aforementioned little book, which he (pred' Ducem innuendo) after some short perusal thereof thanked me (pred' T. innuendo) for, and also for my diligence for the Catholic cause, and did advise me (pred' T. innuendo) to go on, and wished good success to all my undertakings, adding in these very words (viz.) That the Presbyterian Plot was a thing of most mighty consequence, and if well managed, would be very conducible to the safety of the Catholic cause, and I (dictum Ducem innuendo) do not question but the effects of it will answer your expectation, especially in the northern parts, where I (pred' Ducem innuendo) am well assured the major part of the gentry are my (pred' Ducem innuendo) friends, and have given sufficient demonstration of their affections to me (pred' Ducem innuendo) as also of their intentions to prosecute this Presbyterian Plot to the utmost, for they are no strangers to the design: Immediately after this bis highness

two's time, the commissions would be ready, but ordered us (pred' Thomam et Magistram innuendo) in the mean time to bring our part to bear with the commissioners, and particularly ordered me (p'd' Thomam innuendo) to find out some persons (as there were enough sure amongst the Catholics, as well as elsewhere) which were fit to be trusted, and that should accept of such commissions, which should be delivered to them by a person appointed for that purpose, but not to be known to them to be any other but a Presbyterian, so that when occasion should require, they might, together with those which we (pred' Thomam et Magistram Cellier innuendo) then had, be ready to swear in the Plot, and that the Presbyterians were raising forces against the king and government, and had given out commissions to that purpose; and in order to this, I (pred' Thomam innuendo) did in some short time after procure one Bedford, Curtis, Grey, Hill, Hopkins, and others, to accept of such commissions when they should be ready, whose business in the mean time was to spread reports in the coffee houses, that the Popish Plot was a contrivance of the Presbyterians, &c. Now for our (pred' Thomam et Magistram Cellier innuendo) encouragement in the prosecution of that sham plot, the duke (pred' Ducem Ebor' innuendo) promised, that he would take care that money should not be wanting, but ordered us (p'd' Thom' et Magistram Cellier innuendo) to use all the expedition the thing would allow, to make a discovery thereof to the king's attorney: after which, the duke (p'd' Ducem Ebor' innuendo) said, the Catholic party would be eased of the charge, in regard he (pred' Ducem innuendo) was sure it would be defrayed some other way: then the duke (pred' Ducem innuendo) made divers vows, and bitter execrations, to stand by us (pred' Thomam et Magistram Cellier innuendo) in the thing, and engaged on his honour to be our rewarder, adding, that such considerable services were not to be slighted, and further promised, that to whose lot soever it should happen to be imprisoned, according to their fidelity and stedfastness in the cause, so much the more should their reward be augmented, and that all care possible should be used to support and preserve them, but particularly desiring me (pred' Thomam innuendo)

highness (pred Ducem Ebor' innuendo) an- jusmodi locutione signationé seu publicatione swered, I(pred' Thomam innuendo) must make p' ipsum juxta ordin' eorundin' Comm' in haste, that 1 (ipsum Thomam iterum innuendo) Parliament' assemblat' seden' Parliament' ill' might be impowered to make a general search fact' in aliqua al'Cur' sive loco, quocunq; preof the like nature, for said the duke (pred' Du- terquam in parliament' respondere non debet cem Ebor iterum innuendo) in these words, Et idem W. W. ulterius dicit quod quod(viz.) Since (pred' Ducem Ebor' iterum in- dam Parliament' Dom' Caroli Secundi nup' nuendo) saw you (pred'. Thomam iterum innu- Regis Angl', &c. p' ipsum nup' Regem endo) last, the lady Powis has informed me debito modo summonit' ad inchoand' apud (pred' Ducem Ebor' iterum innuendo) that Westm' pred' 17. die Octobr' Anno Regn' there are abundance of letters and witnesses dict' nup? Regis 31. p' diversas Prorogation' ready, so that it is now high time to begin; by continuat' fuit videlt' apud Westm' pred' usq; this time there was some great man come to 21. diem Octobr' Anno Reg' dict' nuper Regis wait on the duke, so I withdrew. About four 32. quo quidem 21. die Octobr' Parliament' days after this, when I (ipsum Thomam Dan- ill' apud Westm' pred' tent' fuit et ibidem ab gerfelld iterum innuendo). had been pressing eodem die usq; 10 diem Jaguar' Anno Regn' earnestly with Mr. Secretary Coventry for a dict' nuper Regis 32. supradict' continuavit warrant, and could not prevail, I (ipsum Tho- seden' Quodq; idem W. W. ante pred' 17 die mam iterum innuendo) went to the lord Péter-Octobris Anno 31. supradict' scilicet decimo borough, and did desire his lordship to make die Octobris Apno 31. supradict' apud Civit' application to the duke (pred' Ducem Ebor' Cestrie in Com' ejusdem Civit' debito modo iterum innuendo) to use some means for a electus fuit un' Civiu' pro dict' Civitate Cestrie warrant, to which his lordship (pred' Comit' in eodem Parliament' deservitur' et postea Peterborough innuendo) answered, it was my scilicet p'd' décimo septimo die Octobris Anno fault there was not a warrant granted, and that Regn' dict' nuper Regis 31. suprad' apud the duke (prefat' Ducem Ebor' iterum innuen- Westm' pred' idem W. W. sic elect' debito do) was sensible of my neglecting to make an modo retorn' fuit un' Civium pro pred' Civitate affidavit, so that now he (pred' Ducem Ebor' Cestrie in parliamento il! deservitur' prout per innuendo) did begin to doubt my courage. retorn' inde in Cur' Cancellar' apud Westm' Thomas Dangerfield in Contempt' Legum hu- pred' de Recordo remanen' plenius liquet et jus Reg' Angl' manifest' in malum exemplum apparet et duran' toto tempore Parliament' ill' omn' alior' in tali Casu Delinquen' ac contra idem W. W. fuit et remansit un' Comm' pacem dict' Don' Regis nunc Coron' et Dig-in eodem Parliamento Quodq; idem W. W. nitat' suas, &c. Unde idem Attorn' dict' Dom' ad pred' Session' Parliament tent' per proRegis none General' pro eodem Dom' Rege gation' ut prefurtur apud Westm' pred' dicto petit advisamentu', &c. Et modo scilicet' die vicesimo primo die Octobris Anno 82. suVeneris prox' post Crast' Sancte Trin' isto eo- pradict' apud' Westm' pred' debito modo elect' dem term' coram Dom' Rege apud Westm' et constitut' fuit Prolocutor' pro Communibus ven' pred' Willielmus Williams per Simonem in eodem Parliamento assemblat et sic prolocuHarcourt Attorn' suu' et habito auditu infor- tor pro Communibus in Parliament' ill' assemmation' pred dicit quod ipse non intendit quod blar' idem W. W. continuavit usq; dissolution' Dom' Rex nunc ad information' pred' in Cur' ejusdem Parliamenti quodq; in eadem Session' Dom' Regis nunc hic responderi velit aut de- Parliamenti pred' ad inchoation' ejusdem Sesbeat quia dicit quod materia in eadem informa- sion' videlt' vicesimo primo die Octobris supratione mentionat' eidem Willielmo Williams in dict' apud Westm' pred' idem Dom' nup' Rex fornia pred' imposit in parliamento et non in allocut' fuit tunc Dominis et Communibus in Cur' Dom' Regis nunc hic audiri et terminati Parliamento ill' assemblat' ad p'sequend' ultedebet et idem Willielmus Williams ulterius dic' riorem examinationem Conspiration' Anglice quod per Legem et Consuetud' Parliament' hu- the plot, cum stricta et impartiali Inquisitione jus Regn' Angl' Prolocutor domus Commun' in et eis adtunc et ibidem dixit quod ipse non puParliament' Assemblat' pro tempore existen' tavit seipsum neq; ipsos secur' quousq; mate(seden' bujusmodi Parliament') secundum officii ria ill' perageretur. Et idem W. W. ulterius sui debitum at minister ejusdem domus debet et dicit quod in eadem Session' Parliament' suprad' semper consuevit loqui signare et publicare que apud Westm' pred' continuavit usq; detal' process' Anglice proceedings dict' domus cimu' diem Januar' Ar' Regn' dict' nup' Regis comm' et in tali modo et forma qual' ipse per 32. supradicto ntraq; domus Parliament' illius eosdem Communes sic assemblat loqui signare in p'rosecution' dict' directionis ejusdem nup' et publicare ordinat'foret Quodq; quelibet locutio Regis strictam et impartial' inquisition' de presignatio seu publicatio alicujus process' ejusdem mentionat' Conspiration' de et concernen' dicto domus Comm' per pred' Prolocutor" juxta nup' Rege fecerunt, Et super Inquision' ill' in ordin' dictor' Comm' in forma pred' fact secun- eadem Session' Parliament supradict' pred' dum Legem et Consuetud' Parliament' sunt Thomas Dangerfield in information' pred' suacta et facta eorundin' Comm' sic in Parlia-perius specificat' pred' Libellum intitulat' The ment' Assemblat et ut eor' locutio signatio et publicatio et non ut Act' seu fact' hujus modi Prolocutor' propr' semp' accept' et Capt' fuerunt Qoodq; hujusmodi Prolocutor de huVOL. XIII.

Information of Thomas Dangerfield gentleman,' ut veram Information' suam de Conspiratione pred' tam Dominis Parliament' (eodem Parliament' in domo sua apud Westm' pred' Assem

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