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OF ALL THE
MADE IN THE .
House of LORDS,
to the Publick :
By the most Illustrious and Independent
NOBLEMEN of that House,
Consequence to the Constitution, Liberties,
From their ORIGINAL in the Year i
to the PRESENT TIME.
DIN BURG #3
Die Veneris 26° Oftobris, 1722.' The House was informed, That his Majesty having just Cause to suspect the Duke of Norfolk was engaged in the traiterous Conspiracy carrying on, had caused him to be apprehended, and did defire the Consent of the House, that the said Duke might be committed and detained according to the A&t for suspending the Habeas Corpus Act.
After Debate, the Queftion was put, that Contents 60 this House does consent to the comNot Cont.28 mitting and detaining Thomas Duke of
Norfolk, on Suspicion of High-Treason, pursuant to the Act passed in this present Session of Parliament, entitled, An A&t to empower his Majesty to secure and detain fuck Perfons as bis Majesty shall jufpe& are conspiring againf bis Perfon and Government?
. It was resolved in the Affirmative. Disentient.
1A, Because we apprehend it to be one of the ancient undoubted Rights and Privileges of this House, that no Member of the House be imprisoned or detained, during the fitting of Parliament, upon Suspicion of HighTreason, until the Cause and Grounds of such Suspicion be communicated to the House, and the Consent of the House thereupon had to such Imprisonment or Detainer ; which ancient Right and Privilege is recognized and declared in plain, express and full Terms, in the Act pafsed this Session of Parliament, to which the Message from his Majesty refers.
2dly, Because it appears clear to us, not only from former Precedents, even when no such Law was in being as that above-mentioned, but also from the necessary Inftruction of the Proviso therein concerning the Privileges of Parliament, that the House is entitled to have the Matter of the Suspicion communicated to them in such 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 Person concerned : But to tain, that whilft that Law shall be in Force, it shall be it shall be sufficient, in order to obtain the
Consent of the Engi, 19 Obrticate a general Suspi. cion, that a Member of the House is concerned in a traites as Correct, without diclofng any Matter or Cucumftande te Barrat éacSudicioz, is, in our Opi. Lions, an die Costreet:on of the said Provilo, and iech 25 mdo I depressze House of the Liberty of giring their free and Dard Adrie to the Throne on Lais Occata; snä sucha Cocinactica beies made upon a L2*, to
c r esce by the Woon of this Parhas ent to abert the Furieges of both Fosies, appear; : -20 as to pervert the plain fiords and Meaning of it, in tuca a Manca 25 sender it bols defiro@ive of those very Prorilega istoaded to be prelerred.
s, Bacanie das Maseho tareg, in efeat, required. the sozaear and Advice of ide Hocte touching the Im... prior meni apo Detalet of the Daese of godk, we ogs not, as we coscere, etter in Dery to his Maje-. fty, or jo luäice to the Peer Bowered; to found our O. picions concerning ice late on eny Grounds, other than. Eckoniy ashis bajesty bech bean pizzied to communicate in his Meiage ; and his Majesty, by his Meffage, baring commun:cated only a general Suspicion, we think we cannot, without the big bett Isicilice to the Duke, and the mofi palpable Violation of one of the mok va.. luable Privileges belonging to every Member of this Houie, gire oor Content to his Imprilonment or Desaiaer, and thereby make onsleives Parties to, and, in fome degree, the Antbors of jach bis lae prisonment, until we have a more particular Satisfaction touching the Matters of which he stands fuspected ; more especially
considering the long and unprecedented Deration of the - Ad above-mentioned, wbereby the Benefit not only of the Act commonly called the Habeas Corpss. Act, but of Magna Charta itself, and other valdable Laws of Liberty, are taken from the Subjeas of this Realm, and extraordinary Powers are given to the Persons therein mentioned over the Liberties of the People for a Twelvemonth and upwards.. - 4thly, Because, we think, it is inconfiftent, as well with the Honour and Dignity, as with the Jullice of this House, in the Case of the meanest Subjects, to come to Resolutions for depriving them of their Liberty, upon
other than clear and satisfactory Grounds: But as the Members 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 most essential one, as well for the Support of the Crown itself, as for the Good and Safety of the whole Kingdom ; we cannot, as we conceive, without betraying those great Trufts which are repoled in us, as Peers of this Realm, agree to a Relolution which tends, in our Opinion, to subject every Member of this House, even while the Parliament is fitting, to unwarrantable, and arbitrary Imprisonments; and we have the greater Reason to be jealous of the Infringe. ment of this Privilege on this Occasion, because it had been very easy, as we think, for those who had the Honour to advise the framing the said Meffige, to , have communicated to this Houie the Matter of which the Duke of Norfolk stands fufpected, in such a Manner aş might be confitent with the Privileges of chis House ; : and at the same Time avoided any Danger or Incon- . venience to the Crown, with regard to the future Prose- cution of the said Duke, if any such shall be. . · 5thly, It is the known Usage and Law of Parliament, that this House will not permit any Peer to be fequefter'd , from Parliament, on a general Impeachment of the Commons, even for High-Treason, till the Matter of the Charge be specified in Articles exhibited to this House ; ; which explains to us the Nature of the Privilege intended to be secured by the Proviso, and is the highest In- . fance of the Care of this House to preserve 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 House, to confent that a Peer of the Realm should be imprisoned or detained (the Parliament fitting) on a Suspicion of HighTreason only, not warranted, for aught appears to us, . by any Information given againit him upon Oath, or otherwise, and no particular Circumtance of such Suípicion being communicated to the House.
6tbly, Because a Resolution so ill grounded as this appears to us may produce very ill Effects, in the present unhappy Conjuncture of Affairs, by creating fresh Jea- .