versham, Mohun, Stamford, Bolton, Audley, Bergevenny, Anglesea." April 10. The question being put, Whether this house will agree to the said Bill without any amendments? It was resolved in the aflirmative. Contents 39; Not contents 31. been thought fit by the commons to be in a bill by itself; and the joining together, in a moneybill, things so totally foreign to the methods of raising money, and to the quantity or quantication of the sums to be raised, is wholly destructive of the freedom of debates, dangerous to "We do dissent for the Reasons given this the privileges of the lords, and to the preroga day to the commons at a Conference, which tive of the crown: For by this means things of Reasons are as follow: 1 Because the Rea- the last ill consequence to the nation may be sons given by the commons against their lord- brought into money-bills, and yet neither the ships Amendments do no way relate to the lords, nor the crown, be able to give their nematter contained in the said Amendments. 2. gative to them, without hazarding the public Because though there be nothing in the said peace and security: And it seems a great bardAmendments relating to Aids and Supplies ship to the counties and places, who chuse granted to his majesty in parliament, yet the com- such members, to deprive them of their scrmons have thought fit to take occasion thereupon vices, since they knew them to be commissionto assert a claim to their sole and entire right, not ers of excise at the time they chose them; and only the granting all Aids in parliament, but since the commons admit them to be proper that such aids are to be raised by such me- persons to serve either in excise or parliament, thods, and with such provisions as the commons though not at the same time; so that there only think proper: If the said assertions were seems to be no other reason of distinguishing exactly true (which their lordships cannot al- these commissioners, but what is common to low) yet it could not, with good reason, follow all other officers of the crown; and the quesfrom thence, that the lords may not alter, or tion, whether such an alteration may be conveleave out, according to their Amendments, nient, must needs be a doubt with the lords, when the saving the estates of innocent per- since the commons have not been able this sons, and of such as have been outlawed after very session to satisfy themselves with the bill, their death, makes such Amendments neces- and the considerations they have entertained sary. 3. And the lords think it unreasonable upon that subject: The lords do seriously conand unjust to vest in the trustees any greater, sider the dangers and inconveniences that are or other estate, than was in the forfeiting per- likely to happen by the loss of this bill, and by son, or than the king may legally have; since the difference betwixt the two houses, and are thereby not only many innocent persons, who heartily sorry for them, and desirous to avoid come in by descent or purchase, or other valu- them by all the means they can; as does maniable considerations, might suffer equally as cri- festly appear, by having complied and overminals, but it is possibie, that men, who, with looked the irregularities of bills of the like nathe utmost hazard of their lives have been de- ture, and at the same time, by entering in their fending the government, may forfeit as traitors: books, to be seen by every body, their just And they cannot apprehcnd, that by any law sense of the wrong, and their resolutions of asof this land, or by any rule of reason or justice, serting that fundamental right, of the exercise any person ought to be outlawed after death, of which there are many precedents extant in since it is condemning a man unheard, allowing their hooks: But since they find, that such him no opportunity of making his innocence their kind intentions of maintaining a good appear. 4. The lords admit the resumption of correspondence with the commons have had the forfeited estates in Ireland to be a thing no other effect, but to introduce greater imponecessary, by reason of the grent debt due to sitions upon them, and such as will certainly the army and others, which they earnestly de- prove destructive to the antient and excellent sire to see discharged, and are therefore very constitution of our government, since the lords willing and desirous to give their consents to have no objection to the resumption, nor no any reasonable bill the commons shall send design to invade the least right of the comthem up to that purpose: But the lords can by mous, but only to defend their own, that they no means consent, that the commons shall take may transmit the government and their own upon them to dispose of any of the said forfei- rights and privileges to their posterity in the tures to any private persons, it being the sole same state and condition that they were derived and undoubted right of the crown to be the dis- down to them from their ancestors; they tributer of all bounties, and being contrary to think themselves wholly discharged from being all the laws and course of parliaments, to give in the least accessary to any such dangers or inaids, supplies, or grants, to any but the king conveniences, and conceive they are sufficientonly; and as the contrary practice is totallyly justified before God and man, notwithstandnew and unprecedented, so, in process of time, it may become of the last ill consequence to the public. 5. The lords cannot agree to the clauses that create an incapacity in the commissioners or managers of the excise for sitting in this parliament, because the qualifications of members to serve in parliament is a thing (if proper to be meddled with at all) that hath ing such innovations and invasions upon our constitution and our laws as must necessarily prove the destruction of them. (Signed) Norfolk, E. M., Mohun, Haversham, Say and Seal, Anglesea, R. Ferrers, Raby, J. Bridgewater, Culpeper, Howard, Southampton, Sandwich, Lonsdale, Bergevenny, Stainford, Audley, Herbert, Richmond, Pembroke, Bolton, North and Grey. Ireland *." An Address against Lord Chancellor Som- | not a native of his dominions, except his royal mers negatived.] April 10. This condescension highness prince George of Denmark, be adof the Lords in passing this Bill, did not wholly mitted to his majesty's councils in England or appease the Commons, who, pursuing their resentment against the present ministry, put the question, "That an Address be made to his majesty, to remove John lord Sommers, lord chancellor of England, from his presence and councils for ever;" which though it was carried in the negative, by reason of the acknowledged merit and great services of that peer, yet it was Resolved, "That an Address be inade to his majesty, that no person who was "The lord Sommers, during these debates, was ill; and the worst construction possible was put upon that; for it was said, that he advised all the opposition, which was made to the Bill, in the house of lords, but that, to keep himself out of it, he feigned that he was ill; though his great attendance, in the court of Chancery, the house of lords, and at the council-table, had so impaired his health, that every year, about that time, he used to be brought very low, and disabled from business. The king seemed resolved to venture on all the ill consequences, that might follow the losing this Bill, though they would probably have been very fatal. As far as could be judged, either another session of that parliament, or a new one, would have banished the Favourites, and begun the Bill anew, with the addition of obliging the Grantees to refund all the mean profits. Many in the house of bords, who in all other things were very firm to the king, were for passing this Bill, notwithstanding his earnestness against it, since they apprehended the ill consequences, that were like to follow, if it were lost. Bishop Burnet was one of these, and the king was much displeased with him for it. The bishop said, That he would venture his majesty's displeasure, rather than please him in that, which he feared would be the ruin of his government; not apprehending at that time, what injustice lay under many of the clauses in the Bill, which appeared afterwards so evidently, that the very same persons, who drove on the bill, were convinced of them, and redressed some of them in acts, that passed in subsequent sessions.-The king became sullen upon all this, and upon the many incidents, that are apt to fall in upon debates of this nature. He either did not apprchend in what such things might end, or he was not much concerned at it. His resentment, which was much provoked, broke out into some instances, which gave such handles to his enemies, as they wished for; and they improved those advantages, which his ill conduct gave them, with much spite and industry, so as to alienate the nation from him. It was once in agitation among the party, to make an Address to him against going beyond sea; but even that was diverted with a malicious design. Hitherto the body of the nation retained a great measure of affection to him. This was beginning to diminish by his going so constantly beyond sea, The Parliament prorogued and dissolved.] April 11. The king did not think it proper to receive any such Address, and therefore to prevent the offer of it, his majesty came this day to the house of peers, and after passing a number of bills, comminanded the earl of Bridgewater to prorogue the parliament to the 23d of May. It was afterwards dissolved on the 19th of December and a New Parliament as soon as the se-sion of parliament was ended, though the war was now over. Upon this it grew to be publicly said, that he loved no Englishman's face nor his company. His enemies therefore reckoned it was fit for their ends to let that prejudice increase in the minds of the people, till they might find a proper occasion to ingraft some bad designs upon it." Tindal. "The Bishop says, if he had rightly understood that matter in time, he would never have given his vote for so unju-t a bill. He only considered it as an hardship put on the king, many of his grants being thus made void, some of which had not been made on good and reasonable considerations, so that they could hardly be excused, much less justified. He thought the thing was a sort of force, to which it seemed reasonable to give way at that time, since the king's friends were not furnished with an equal strength to withstand it. But, when he saw afterwards, what the consequences of this act proved to be, he firmly resolved never to consent again to any tack to a money-bill, as long as he lived." Tindal. "The king wrote the following Letter to the earl of Galway, soon after the prorogation of the parliament: Hampton-court, May 11, 1700. It is a good while since I wrote to you last. The reason is, that, being always uncertain of the issue of the last session of parlia'ment, I was unwilling to answer any of your 'letters. You may judge, what vexation all 'their extraordinary proceedings gave me, and I assure you, your being deprived of what I gave you, with so much pleasure, was not the least of my griefs. I hope, however, that I shall be in a condition to acknowledge the good services you have done me, and you may de'pend upon it, I shall earnestly seck occasions 'to do so. It ought to be some satisfaction to you, in the just resentment of what concerns you, that no body could blame your conduct; on the contrary, all appeared satisfied with it, and the vote, which passed in anger the last day, concerns you but indirectly. And I can 'assure you, that you was in no way the occa'sion of it. There have been so many intrigues, in this last session, that, without having been on the spot and well informed of every thing, 'it cannot be conceived. It will be impossible 'for me to continue the commission of the 'Lords Justices in Ireland, as it is at present; so I have resolved to send thither the duke of called, to meet at Westminster on the 6th of Feb. following 1. A remarkable Act against Papists.] Among the Acts of this session, a very remarkable one passed against the Papists. A complaint being made by the clergy of Lancashire, of the growth of Popery, and a petition offered for more effectual methods to put a stop to it, a bill was proposed, that obliged all persons educated in that religion, or suspected to be of it, who should succeed to any estate before they were of the age of eighteen, to take the oaths of allegiance and supremacy, and the test, as soon as they came to that age; and, till they did it, the estate was to devolve to the next of kin, that was a protestant; but was to return back to them, upon their taking the oaths. All popish priests were also banished by the bill, and were adjudged to perpetual imprisonment, if they should again return into England; and the reward of an hundred pounds was offered to every one, who should discover a popish priest, so as to convict him. Those, who brought this into the house of commons, hoped, that the court would have opposed it; but the court promoted the bill; so, when the party saw their mistake, they seemed willing to let the bill fall; and when that could not be done, they clogged it with many severe and some unreasonable clauses, hoping that the lords would not pass the act; and it was said, that, if the lords should make the least alteration in it, they, in the house of commons, who had set it on, were resolved to let it lie on their table, when it should be sent back to them. Many lords, who secretly favoured papists, on the Jacobite account, did for this very reason, move for several alterations; some of these importing a greater severity; but the zeal against popery was such in that house, that the bill past without any amendment, and it had the royal assent. Shrewsbury as viceroy, and that you command the army under him. Do not think that this will be a degradation, no body here will take it to be so, and I know that every one wishes it, and believes it absolutely necessary for my service. I am fully persuaded, as I hope that you will not refuse to accept of this command, nor relinquish my service. I assure you, I never had more occasion, than at present, of persons of your capacity and fidelity. I hope I shall find opportunities to give you marks of my esteem and friendship, and I would not engage you in this, were I not assured that no hurt can happen to you from it: but I know it will meet with a general approbation, and doubt not your friends will 'say the same, and I am glad to tell you, you have a great any and among all parties. WILLIAM R." See Tindal. * "Before we leave this session of parliament, we must take notice of a passage that inade at that time a great deal of noise: the Commons having appointed one Mr. Stephens to preach before them on the 30th of January, Lord Sommers removed from Administration.] "The session being ended so much to the dissatisfaction of all parties, the leaders of the Tories seemned resolved to push a change of ministry. They began with insinuating to the Favourites the necessity of the king's removing the lord Sommers, who, as he was now considered as the head of the Whigs, so his wise counsels, and his modest way of laying them before the king, bad gained him a great share of, his esteem and confidence; and it was reckoned, that the chief strength of the party lay in his credit with the king, and in the prudent methods he took to govern the party, and to moderate that heat and those jealousies, with which the king had been so long disgusted, in the first years of his reign. Every method had been tried for his removal. He had, in the first place, been particularly charged in the house of commons, for turning many gentlemen out of the Commission of the Peace. This was much aggravated, and raised a very high complaint against him; but there was no just cause for it: When the design of the Assassination and Invasion, in 1695 and 1696, was discovered, a Voluntary Association was entered into, by both houses of parliament, and that was set round the nation: In such a time of danger, it was thought, that those, who did not enter voluntarily into it, were so ill affected, or at least so little zealous for the king, that it was not fit they should continue justices of peace: So an order passed in council, that all those, who had so refused, should be turned out of the commission: He had obeyed this order, upon the representations made to him, by the lords lieutenauts and the Custodes Rotulorum of the several counties, who were not all equally discreet: Yet he laid those representations before the council, and had a special order for every person, that was so turned out. All this was now magnified, and it was charged on him, that that minister, who, it seems, was tainted with Republican principles, instead of asserting the rights and prerogatives of monarchy, and suiting his Sermon to the occasion, which was a day of humiliation for the Murder of king Charles 1. by his rebellious subjects, be exalted the power of the people; preached up the exploded opinions that were the first cause of that bloody and horrid parricide; and would have persuaded his honourable auditors, that the observation of this fact, which has always been religiously kept by all parliaments, should be utterly abolished: besides which it was remarked, that be omitted praying for the Parliament, and every branch of the royal family. The next day a motion being made, and the question put, That the Thanks of the house be given to Mr. Stephens for his sermon, it was carried in the negative, and Resolved, That for the future, no person be recommended to preach before the House, who is under the dignity of a Dean in the Church, and has not taken his degree of Doctor in Divinity." Life of King William, vol. iii. p. 449. from this great office, which he had held seven years with a high reputation for capacity, in-, tegrity, and diligence. This was done with so much haste, that those, who had prevailed with the king to do it, had not yet concerted who should succeed him. They thought, that all the great men of the law were aspiring to that high post, so that any one, to whom it should be offered, would certainly accept it; but they soon found they were mistaken; for, what by reason of the instability of the court, what by reason of the just apprehensions men might have of succeeding so great a man, both the lord chief justice Holt, and the attorney-general Trevor, to whom the Seals were offered, excused themselves. It was term-time, so that a vacancy in that post put things in some confusion. A temporary commission was granted to the three chief judges, to sit in the court of Chancery; and, on the 21st of May, the Seals were at last given, with the title of Lord-Keeper, to sir Nathan Wright, one of the king's serjeants at law, in whom there was nothing equal to the post, much less to him who had lately filled it. The king's inclinations seemed now turned to the Tories, and to a new parliament." On he had advised and procured these orders; yet | king. Thus the lord Sommers was discharged this could not be made so much as a colour to proceed against him, a clamour and murmuring was all that could be raised from it. This method not having produced any great effects, another had been tried. It had been endeavoured to raise a dissatisfaction against him by Appeals from many of his judgments, yet very few of them received alteration, and his character was raised instead of being hurt by these attacks. After these and other methods of shaking lord Sommers's credit had failed, the Tories now studied to get it infused into the king, that all the hard things, that had been of late put on him by the parliament, were occasioned by the hatred, that was borne to his ministers; and that, if his majesty would change hands, and employ others, matters might be softened and mended in another parliament. With this the earl of Jersey endeavoured to possess the earl of Albemarle; and the uneasiness the king was in, disposed him to think, that, if he should bring in a set of Tories into his business, they would serve him with the same zeal, and with better success, than the Whigs had done; and he hoped to throw all upon the ministers, that were now to be dismissed. The first time that the lord Sommers recovered so much health, as to come to court, the king told him, That it seemed necessary for his service, that he should part with the Seals; and he wished, that he would make the delivering them up his own act. Upon this, the lord Sommers took the liberty to speak freely to the king, in words to this effect: That he very well knew what his enemies aimed at by their abusing and persecuting him as they had of late done: The Seal was his greatest crime; and, if he quitted that, he should be forgiven; but, knowing what ill use would be made of it, if it were put into their hands, he was resolved, with his majesty's permission, to keep it in defiance of their malice, and to stand all the trials they should put upon him, with the support of his innocence, and the hopes of being serviceable to his majesty: He feared them not; and did not doubt, but, if his majesty would be as firm to his friends as they would be to him, they should be able to carry whatever points he had in view for the public welfare, in a new parliament. The king shook his head a little, as a sign of his diffidence, and only said, 'It must be so'*. However, the lord Sommers persisted in refusing to deliver the Seals as his own act. All his friends had pressed him not to offer them, since that seemed to shew fear or guilt. He begged therefore the king's pardon, if in this he followed their advice; but he told his majesty, whenever he should send a warrant under his hand, commanding him to deliver them up, he would immediately obey it. The order was accordingly brought by lord Jersey on the 17th of April 1700, and upon it the Seals were sent to the up A gentleman, who had this from the lord Sommers's own mouth, told it to Mr. Oldinixon. The King goes to Holland.-Honours and FIRST SESSION OF THE FIFTH PARLIAMENT List of the House of Commons.] Feb. 6, Abingdon, Aldborough, (Suffolk) Allerton, North, Edmund Dummer. * Tindal. Ashburton, Sir Tho. Lee, Banbury, (d. ret.) Sir Wm. Gostwick. Sir Humphry Forster, Berwick, Lord Grey, Samuel Ogle. Beverly, Sir Michael Wharton, Salway Winnington. Sir Edw. Gresham, Bodmin, Russel Roberts, John Hoblyn. Boralston, Peter King, William Cowper. Boroughbridge, Sir Henry Goodrick, Sir Brian Stapleton. Bossiney, John Tregagle, Francis Roberts. Boston, Edmund Boulter, Sir Wm. York. Brackley, Charles Mordaunt, Henry Mordaunt. Brumber, Thomas Stringer, Thomas Owen. Brecon County, Sir Rowland Gwynn. Brecon Town, Sir Jeffery Jeffreys. Bridgwater, John Gilbert, George Balch. Bridport, Alex. Pitfield, William Gulston. Robert Yates, Buckingham, Sir Rushout Cullen. Anthony Hammond. Canterbury, George Sayer, Henry Lee, Cardiffe, Sir Edward Stradling. Sir Humphry Mackworth. Carlisle, Castle Rising, Sir John Manwairing, Chester Town, Christ's Church, Clifton, Frederick Herne, Nathaniel Herne. Clithero, Christopher Lister, Sir Christopher Hales, Cricklade, Sir Stephen Fox. Cumberland County, Richard Musgrave, Jeffrey Lawson. Denbigh County, Sir Richard Middleton. Denbigh Town, Edward Brereton. Derbyshire, Wm. Marq.of Hartington Lord Roos. Derby Town, Sir Francis Child, Devonshire, Thomas Strangeways, Dorchester, Sir Charles Barrington, Sir Francis Masham. Evesham, Sir James Rushout, John Rudge. Exeter, Sir Edward Seymour, Spencer Compton, Flintshire, Sir John Conway. John Williams, John Granville. Gatton, John Howe, Sir Richard Cocks. Grantham, Tho. Baptist Manners, Sir Wm. Ellis. Grimshu, William Cotesworth, Sir Theo. Oglethorpe, Hertford County, Thomas Filmer. |