COLLECTION OF ALL THE PROTESTS MADE IN THE Houfe of LORDS, By the moft Illuftrious and Independent In many important Matters of the utmost From their ORIGINAL in the Year 1641 VOLUME II. EDINBURGH: Printed for the Company. 1748, ULE LLU Die Veneris 26° Octobris, 1722. The House was informed, That his Majefty having juft Cause to fufpect the Duke of Norfolk was engaged in the traiterous Confpiracy carrying on, had caufed him to be apprehended, and did defire the Confent of the House, that the faid Duke might be committed and detained according to the Act for fufpending the Habeas Corpus A&t. Contents 60 After Debate, the Queftion was put, that this Houfe does confent to the committing and detaining Thomas Duke of Norfolk, on Sufpicion of High-Treafon, pursuant to the Act paffed in this prefent Seffion of Parliament, entitled, An Act to empower his Majefty to fecure and detain fuch Perfons as his Majefty fhall fufpe& are confpiring against his Perfon and Government? It was refolved in the Affirmative. Diffentient' ft, Becaufe we apprehend it to be one of the ancient undoubted Rights and Privileges of this Houfe, that no Member of the Houfe be imprifoned or detained, during the fitting of Parliament, upon Sufpicion of HighTreafon, until the Cause and Grounds of fuch Sufpicion be communicated to the Houfe, and the Confent of the House thereupon had to fuch Imprisonment or Detainer; which ancient Right and Privilege is recognized and declared in plain, exprefs and full Terms, in the A&t paffed this Seffion of Parliament, to which the Message from his Majefty refers. 2dly, Because it appears clear to us, not only from former Precedents, even when no fuch Law was in being as that above-mentioned, but alfo from the neceflary Inftruction of the Provifo therein concerning the Privileges of Parliament, that the Houfe is entitled to have the Matter of the Sufpicion communicated to them in fuch Manner as is confiftent with the Dignity of the House, and will enable them to deliberate and found a right Judgment thereupon for or against the Imprisonment or Detainer of the Perfon concerned: But to tain, that whilft that Law fhall be in Force, it shall be it fhall be fufficient, in Order to obtain the Con Confent of the Houfe, to communicate a general Sufpicion, that a Member of the Houfe is concerned in a traiterous Confpiracy, without difclofing any Matter or Circumftance to warrant fuch Sufpicion, is, in our Opinions, an unjuftifiable Conftruction of the faid Provifo, and fuch as wholly deprives the House of the Liberty of giving their free and impartial Advice to the Throne on this Occafion; and fuch a Construction being made upon a Law, fo plainly intended by the Wisdom of this Parliament to affert the Privileges of both Houfes, appear; : -to us to pervert the plain Words and Meaning of it, in fuch a Manner as renders it wholly deftru&tive of thofe -very Privileges intended to be preserved. 3dly, Becaufe his Majefty having, in effect, required. the Judgment and Advice of the Houfe touching the Imprifonment and Detainer of the Duke of Norfolk, we ought not, as we conceive, either in Duty to his Majefty, or in Juftice to the Peer concerned, to found our O pinions concerning the fame on any Grounds, other than fuch only as his Majefty hath been pleased to communicate in his Meflage; and his Majefty, by his Meffage, having communicated only a general Sufpicion, we think we cannot, without the highest Injustice to the Duke, and the most palpable Violation of one of the most valuable Privileges belonging to every Member of this Houfe, give our Confent to his Imprisonment or Detainer, and thereby make ourselves Parties to, and, în fome degree, the Authors of fuch his Imprisonment, until we have a more particular Satisfaction touching the Matters of which he ftands fufpected; more especially confidering the long and unprecedented Duration of the A&t above-mentioned, whereby the Benefit not only of the A&t commonly called the Habeas Corpus Act, but of Magna Charta itself, and other valuable Laws of Libersty, are taken from the Subjects of this Realm, and extraordinary Powers are given to the Perfons therein mentioned over the Liberties of the People for a Twelvemonth and upwards. 4thly, Becaufe, we think, it is inconfiftent, as well with the Honour and Dignity, as with the Justice of this House, in the Cafe of the meanest Subjects, to come to Refolutions for depriving them of their Liberty, upon other other than clear and fatisfactory Grounds: But as theMembers of both Houses of Parliament are, by the Laws and Conftitution of this Kingdom, invested with pecu- . liar Rights and Privileges, of which the Privilege before-mentioned is a moft effential one, as well for the Support of the Crown itfelf, as for the Good and Safety of the whole Kingdom; we cannot, as we conceive, without betraying thofe great Trufts which are repofed in us, as Peers of this Realm, agree to a Refolution which tends, in our Opinion, to fubject every Member of this Houfe, even while the Parliament is fitting, to unwarrantable and arbitrary Imprifonments; and we have the greater Reafon to be jealous of the Infringe. ment of this Privilege on this Occafion, because it had been very easy, as we think, for those who had the Honour to advise the framing the faid Meffage, to, have communicated to this Houle the Matter of which the Duke of Norfolk stands fufpected, in fuch a Manner as might be confiftent with the Privileges of this Houle ; and at the fame Time avoided any Danger or Incon venience to the Crown, with regard to the future Profecution of the faid Duke, if any fuch fhall be. 5thly, It is the known Usage and Law of Parliament, that this Houfe will not permit any Peer to be fequefter'd from Parliament, on a general Impeachment of the Commons, even for High-Treafon, till the Matter of the Charge be fpecified in Articles exhibited to this Houfe; which explains to us the Nature of the Privilege intended to be fecured by the Provifo, and is the higheft Inftance of the Care of this Houfe to preferve it from being violated on any Pretence whatsoever: But, in our Opinions, it must create the greatest Inconvenience and Repugnancy in the Proceedings of the Houfe, to confent that a Peer of the Realm fhould be imprisoned or detained (the Parliament fitting) on a Sufpicion of HighTreafon only, not warranted, for aught appears to us, by any Information given against him upon Oath, or otherwife, and no particular Circumftance of fuch Sufpicion being communicated to the Houfe. 6thly, Because a Refolution fo ill grounded as this appears to us may produce very ill Effects, in the prefent unhappy Conjuncture of Affairs, by creating fresh Jea loafies |