Assembly Proceedings, Oct. 20-Nov. 12, 1698. 161

To His Ex^cy Francis Nicholson Esq^r Cap^t Gen^ll and his
Maj^tys Hon^ble Councill
The Humble address of the House of Delegates

May It please yo^r Ex^cy

It being Evident to this House that M^r Philip Clarke one
of the members of this House is now deteyned in prison, and
it falling under Consid^racon to inquire for what Crime the
said Philip Clarke was soe detayned and whether under such
Convictions as debarrd him from the seruice of this House, In
order whereunto Inquire was made of the Sherriff by what and for
what Crime the said Philip was by him detained His answer was
that he was deteyned by virtue of a Capias ad Satisfaciendum
ffor six thousand pounds of tob due to the King but could pro-
duce noe such precept, and haueing examaned former
p^rsidents in the like Case doe find that noe member ought to
be restreyned from the service of the House but for treason
ffellonye or denying surety for the peace Therefore doe
humbly Conceive his being present here is our undoubted
Right and Priviledge and for this Reason doe humbly pray

Original
Journal.

your Ex^cythat the said Philip Clark may be permitted to come
and Sitt in this House as being esteemed an Usefull member
thereof
Signed p Ord^r
C Gregory Clk house Delg^ts

His Ex^cy is pleased to say that he Cannot but wonder at the
Extravagant humour of the House of Delegates Who run head-
long upon Heats and private piques not at all reguarding or in-
tending the busieness for which they are mett, And is pleased to
take Notice that although M^r Speaker had not the manners to
wayte upon his Ex^cy as it was his Duty yet he could wayte
upon Clarke a person Convicted upon the Oath of a Grand
and petit Jury for for raising great Disturbance within the
Province.
Therefore he will send for M^r Speaker and the House, and
again acquaint them for what the s^d Clarke stands Covicted
and now imprisoned And will declare any such persons as shall
attempt to open the Kings prison Rebells to his most Sacred
Maj'^y The Hon_ble Colonel John Addison and Thomas Brooke
Esq_r sent to acquaint the house that his Ex^cy Comands them
and the Speak: to attend him imediately in Councill
Colonel Addison and M^r Brooke Returne and say that the
house are up
The said Gentⁿ are sent to M^r Speaker to tell him that his Ex^cy
wonders he adjourned the house and rose after they had sent
11

p. 9