The LORD CHANCELLORcalled the attention of their Lordships to the indictments found against John Viscount Arbuthnott, certified into this House in pursuance of certain writs of certiorari, issued by the Lord Chancellor, and which, together with the said writs, were delivered at the bar of the House yesterday. It would be for their Lordships to determine what course should be taken upon the matter. He was himself of opinion that bills having been found, the subsequent proceedings should be conducted in the same way in which that House adopted proceedings against Peers. The practice in these cases had uniformly been to appoint a Committee to inspect the Journals of the House upon former trials of Peers in criminal cases and to consider of the proper methods of proceeding, in order to bring the Viscount Arbuthnott to a speedy trial, and to report to the House what they shall think proper thereupon. Another course also uniformly adopted had been to take into custody the 1050 party accused. In the present case, where the party was not in custody, he apprehended their Lordships would be of opinion that to prevent any delay or failure of justice taking place, the Black Rod should be directed to take the party into custody. The Committee, according to precedent, should be a General Committee of the Peers who had attended Parliament during the present Session, five to be a quorum, and the Lord Chief Justice of the Common Pleas might be summoned to attend.
§ Committee accordingly appointed; and it was then
§ Ordered—"That the Gentleman Usher of the Black Rod attending this House do take into his custody John Viscount Arbuthnott, and bring him to the Bar of this House."