THE Hiftorical Register, Containing An Impartial RELATION of all TRANSACTIONS, Foreign and Domeftick. WITH A Chronological Diary OF ALL The remarkable OCCURRENCES, viz. Births, Marriages, Deaths, Removals, Promotions, &c. that happen'd in this Year: Together with the Characters and Parentage of Perfons deceafed, of eminent Rank. VOLUME IX. LONDON, Printed and fold by C. Meere, in the Old Baily, near Ludgate, where compleat Sets and fingle Parts may be had, at Is. each Regifter. Sold alfo by T. Norris at the Looking-Glafs on London-Bridge, and R. Gofling at the MiddleTemple-Gate in Fleet-freet, and 7. Mac Euen at Buchanan's Head over against St. Clement's Church in the Strand, and at his Shop in Edinburgh. N. B. This Title is defign'd for fuch Perfons as think fit to bind the four laft Registers in one Volume. And, for the fame Reason, a Table is added at the End of the Thirtyfixth Regifter, of all the principal Matters contain'd in them. 1 Harding -2-11-25. 11299 THE H NUMBE RAXXXIII. ************* GREAT BRITAIN. Aving been oblig'd for Want of Room in our laft Register to pmit the Tryal of the Bishop of Rochefter, we will begin this Regifter by fupplying that 'Qmiffion, Trial of Dr. Francis Atterbury, Lord Bishop of Roche fter, at the Bar of the House of Lords. Ο N Monday the 6th of May, 1723, about Eleven of the Clock in the Morning, the Bishop of Rochefter was brought to the Bar of the Lords Houfe, in Order to make his Defence again the Bill to inflict certain Pains and Penalties upon him, with the Affiftance of his Coun fel, Sir Conftantine Phipps and Mr. Wynne. After the read. ing of the Bill, the King's Counfel open'd the Nature of it, difplay'd the Heipoufnefs of the Confpiracy, and in particular, aggravated the Crime of the Prifoner at the Bar, who, as the Preamble fuggefted, was principally concern'd in forming, directing, and carrying on the faid wicked, and deteftable Plot. This done in Order to prove the Confpiracy in general, they offer'd to read feveral Extracts of Letters, which the Government h receiv'd from abroad: Bnt this was oppos'd by the Bishop and his Countel, who alledg'd, that Extracts of Letters, fome of them from anonymous, or at least, from unknown Perfons, ought not to be admitted as Evidence, and that according to the Method of legal. Proceedings A Proceedings, the Originals themselves ought to be produc'd. After the Counfel on both Sides, had canvafs'd that Matter to and fro, they and the Prifoner were order'd to withdraw, and then a Motion was made, and the Question put, that the Extract offer'd by the Counfel for the Bill, of the Letter from Sir Luke Schaub to the Lord Cartaret, be read as Evidence; which being carry'd in the Affirmative by 95 Voices against 37, another Motion was made, and the Queftion put, Whether the Advice inclos'd in the Letter from Sir Luke Schaub, be read, tho' this Houfe be not acquainted with the Perfon who gave that Advice? This Question being alfo refolv'd in the Affirmative, the following Lords enter'd their Dissent, viz. Then the Counfel for the Bill offer'd to produce Copies of Letters intercepted at the Poft-Office, Part of them written in Cypher, and afterwards decypher'd; But this too, was ftrenuenfly oppos'd by the Bifhop and his Counfel, who put feveral puzzling Questions to Mr. Willes, one of the Decypherers, about the Nature, and Certainty of their Art. This Difquifition lafted 'till about Nine of the Clock in the Evening, when the Prifoner and the Counsel on both Sides being withdrawn, a Motion was made, and the Question put, that Willes be oblig'd to produce this Key of the Cypher? This Question being refolv'd in the Negative by 80 Voices against 43, another Motion was made, and the Queftion put, that the faid Letters intercepted at the Poft-Office, and decypher'd, be read as Evidence, which was carry'd in the Affirmative, and then the further Hearing of that Affair was put off to the next Day, and the Bishop remanded to the Tower. The next Morning, (Tuesday May 7) he was brought again to the Bar of the Lords Houfe, where the Coun fel I fel for the Bill going on with their Evidence, offer'd, to read the Examinations and Confeffions of Philip Neynoe deceafed ; which was strongly oppos'd by the Bishop and his Counfel; but most of their Objections having already been over-rul'd in the Cafes of Plunket and Kelly, and the Lord Viscount Townshend having affirm'd, and Mr. Robert Walpole attefted the faid Examinations, it was refolv'd by a Majority of 85 Voices against 41, that they fhould be admitted as Evidence; upon which, the faid Examinations were read. Then the Counfel for the Bill offer'd to read feveral Letters intercepted at the Poft-Office: Upon which the Bishop defir'd and infifted, that the Clerks of the Poft-Office be examind, to thefe two Questions, Firft, Whether they had a suf-, ficient Warrant and Authority, to ftop and open the faid Letters, and from whom they had fuch Warrant and Authority? 2dly, Whether the Clerks of the Poft-Office who copied the Letters, whofe Originals had been forwarded, had intercepted the faid Letters themselves, or receiv'd them from fomebody elfe? The Bishop and the Counfel on both Sides being withdrawn, the Courtiers put the following Queftion, viz. That it is the Opinion of this Houfe, that it is inconfiftent with the publick Safety, as well as unneceffary for the Prifoner's Defence, to fuffer any further Enquiry to be made upon this Occafion, into the Warrants which have been granted by the Secretary of State for the ftop ping and opening of Letters which fhould come or go by the Poft, or into the Methods that have been taken by the proper Officers at the Paff-Office, in Obedience to fuch Warrants? After a long Debate that lafted 'till near Eleven of the Clock at Night, the faid Question was carried in the Affirmative, by a Majority of 82 Voices against 40; upon which feveral Lords enter'd the following Proteftation, viz. Diffentient? 1. Because we apprehend, that in all criminal Profecutions, the Crofs-examining of Witneffes is neceffary for the Defence of the Prifoner, and for the Satisfaction of those who are to judge of the Facts alledg'd against him, in Order to the difcovering of Truth, and detecting any fraudulent Evidence which fhould be offer'd; and the Refolution above recited, does, in our Opinions, debar the Bishop of Rochefter, and every other Perfon concern'd, from asking any Questions of the Clerks of the |