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think a peer may be convicted by the majority of twelve, and therefore they desire it may not be in the power of a lord steward to pick out twelve, to take away the life of a peer; therefore he should not summon less than a competent number. If 23 be summoned, 12, the majority, must convict him.

Sir John Guise. I cannot speak of lord Rochester's argument, at the Conference, without indignation, supposing a change of government. I am for no compliments in the case, but downright for our liberties. It is proposed, "That the lords should have 45 peers returfed.' Is it that the lords are twice as many as the commons? You must have half the country, if they take the whole body of the peers. If the law must be mended for the lords, why not as much for the commons? Pray let both go together.

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Sir Tho. Clarges. I attended at the Conference. I desire no part of the people of England to be under hardship, for life, liberty, and property. I would willingly have all the people of England subject to just and equal trials; and to have no manner of disposition to be extra-judicial. One of the robe said, 'He would not take from the king the bank he had upon the lords.' In the eighteen years parliament, there was a proposition of 300,000l. per ann. more to be added to the Revenue. When it was told the king, that the question was lost, he wondered, since he had above two hundred Pensioners, and Officers, there, whom he had a hank of.' It seems to me a great hardship. Now is the time to put the lords in a condition with the rest of the people of England. Shall we put the house of peers in a condition to give us no assistance? I remember the Declaration for Liberty of Conscience; but it was for Liberty of Popery; and the king said, He would never depart from it.' * The then attorney-general said, 'He must aver, that none of the judges ever saw it but in print.' The king sent an Answer to our Address, That he must advise with his peers about it.' The lords then made a brave stand; and it was remarkable, the interest of the lords took into it. Then we had good lords, and I hope that place will ever be a nursery of such. I am very sure we had never had the Habeas Corpus Act, but by the assistance of the lords. Nothing is so precious to mankind as life. < You are told, This trial of the peers is ancient.' I have spoken with men that are versed in Records, and they can go no higher than Edward 4. But whether it be so, or no, it is a great inequality of justice, and ought to be mended by act of parliament. The Records of the Trials of Peers are so embezzled, and made away, that we can have no light; but, since we are come to a compromise, since it is offered, that such a number be only sent for, viz. twenty-three, and twelve to pass upon the Trial, I think this will do justice to them, and justice to ourselves. It ought to be an

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universal settlement to the nation. In case of Appeals, the commons are pures regni. The whole lords, as well as we, are part of the people; and let us not secure ourselves, only a part of the people.

Sir John Lowther. I would willingly preserve constitutions, not only of the lords, but of the commons. I know not why those under the same circumstances, should not expect the same advantages. If one part be exorbitant over the rest, then the constitution is in danger. This Bill was never, in the best or worst of reigns, offered till now. That an inquisition may come in upon us,' (as a lord touched at the Conference) I know none but the Popish Inquisition, which lost the Low Countries. If the lords have this Clause, for fear of an Inquisition, they, if they have this Clause, may have power to bring it in. The proper and natural question is, adhering.

Sir Christ. Musgrave. I hear it insisted on, That, by this Clause, the Bishops are brought in to be Tryers of peers;' because, That every one that has a right to sit in parliament, is to be summoned.' To this the lords answered, That they looked upon the Bishops to be lords in parliament, but not peers of parliament.' It is naturally moved, to put the word 'temporal' before 'peers,' which will solve all that doubt. You may alter the lords Proviso; they cannot, because it was their own.

Mr. Howe. I wonder at that, above all expressions, from Treby, The king, lords, and commons, are one body, and it is unreasonable there should be a bank but upon one another. The next Successor will take it very ill, that you should think him a worse prince than his predecessor; as ill a compliment to him, as a good-one to this! Impunity of crimes is no less justifiable in another reign than this. If you turned out a king, and secured yourselves, was it only to change persons? I fear, persons about this king are not much better than those about the last. He makes his court worse to the king, to advise him to do a thing prejudicial to the people. I wonder we should so soon forget packed Juries. Lord Russel died for want of such a Bill. For fear of losing little places of 500l. or 1000l. per ann. to betray their country! After we have ventured our lives, and others have good places and pensions, I am sorry we should leave posterity exposed.

The Amendment of Lords Temporal,' and not less than thirty-six,' passed; and the Clause, so amended, was agreed to by the house; of which the lords were informed the next day at a free Conference.

The King's Speech at the close of the Session.] Feb. 24. Parliament continued sitting till this day, when his majesty, after passing several Bills, made the following Speech to both houses:

"My Lords and Gentlemen: I return my hearty thanks to you all for the great demonstrations you have given me of your affection in this session, and of your zeal for the support of the government. And I must thank you, Gentlemen of the House of Commons, in par

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ticular, for the great Supplies you have given for the prosecution of the War: I assure you, I shall take care so to dispose of the Money you have given me for the public occasions, as that the whole nation may be entirely satisfied with the application of it.-My Lords and Gentlemen; I think is proper to acquaint you with my intention of going beyond sea very speedily; which, I am afraid, has been already retarded more than is convenient for the present posture of affairs: and, upon that account, I think it necessary to put an end to this present meeting; the season of the year being so far advanced, that it may prove of the last ill Consequence to continue it any longer."

The Lord Chief Baron afterwards declared, That it was his majesty's pleasure, that both houses should adjourn themselves till April 12, 1692. On which day the parliament met, and was prorogued, by commission, to May 24; from thence to June 14; from thence to July 11; from thence to August 22; from thence to Sept. 26; and from thence to the 4th of November. FOURTH SESSION OF

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THE SECOND PARLIAMENT OF KING WILLIAM III. The King's Speech on opening the Session.] Nov. 4. The parliament met at Westminster, when the king made this Speech to both houses: My Lords and Gentlemen; I am very glad to meet you again in parliament, where I have an opportunity of thanking you, for the great Supplies you have given me for the prosecution of this War. And I hope by your advice and assistance, which has never failed me, to take such measures as may be most proper for supporting our common interest against the excessive power of France.-We have great

The king embarked for Holland, March 5; and, soon after, a conspiracy was formed in England for the Restoration of king James, which was to be favoured by a descent from France, under cover of a powerful Fleet; which, perhaps, might have succeeded, had not a timely and destructive blow been given to the French navy, by Adm. Russel, off Cape La Hogue, May 19; 21 of their largest ships, besides frigates, &c. being destroyed, without the loss of one ship on the side of the English, or any Commission-Officers, but rear admiral Carter, and col. Hastings. King James and his army had the mortification of being eye-witnesses of this defent, on the coast of Normandy, which put a final stop to his Invasion; though it was not pursued with the vigour that it might have been, as will appear hereafter. A descent, which was afterwards projected into France, on account of the season was laid aside. In the Netherlands, Namur was besieged and taken by the French king, and king William's army was afterwards defeated at the battle of Steenkirk, July 24. Grandval, for being concerned in a Plot to kill the king, was executed in the camp, August 13; and his majesty returned to England, October 18.

reason to rejoice in the happy Victory, which, by the blessing of God, we obtained at sea; and I wish I could tell you, that the success at land had been answerable to it: I am sure my own subjects had so remarkable a part in both, that their bravery and courage must ever be remembered to their honour.-The French are repairing their losses at sea with great diligence, and do design to augment their land-forces considerably against the next campaign: which makes it absolutely necessary for our safety, that at least, as great a force be maintained at sea and land, as we had the last year; and therefore I must ask of you, Gentlemen of the House of Commons, a Supply suitable to so great an occasion.-I am very sensible how heavy this charge is upon my people; and it extremely afflicts me, that it is not possible to be avoided, without exposing ourselves to inevitable ruin and destruction. The inconvenience of sending out of the kingdom great sums of money for the payment of the troops abroad, is, indeed, very considerable; and I so much wish it could be remedied, that if you can suggest to me any methods for the support of them, which may lessen this inconvenience, I shall be ready to receive them with all the satisfaction imaginable.-My Lords and Gentlemen; none can desire more than I do, that a descent should be made into France: and therefore, notwithstanding the disappointment of that design this last summer, I intend to attempt it the next year, with a much more considerable force: and, so soon as I shall be enabled, all possible care and application shall be used towards it.*-And, upon this occasion, I cannot omit taking notice of that signal deliverance, which, by the good providence of God, we received the last spring to the disappointment and confusion of our enemies designs and expectations. This has sufficiently shown us how much we are exposed to the attempts of France, while that king is in a condition to make them. Let us, therefore, improve the advantage we have at this time, of being joined with most of the princes and states of Europe against so dangerous an enemy. In this surely all men will agree, who have any love for their country, or any zeal for our religion. I cannot therefore doubt, but you will continue to support me in this war, against the declared enemy of this nation, and that you will give as speedy dispatch to the affairs before you, as the nature and importance of them will admit; that our preparations may be timely and effectual, for the preservation of all that is dear and valuable to us. I am sure, I can have no interest but

* "In consequence of this, orders were given for having a Fleet for Transports, with so great a Train of Artillery, that it would have served an army of 40,000 men. This was very acceptable to the whole nation, who loved an active war, and were very uneasy to see so much money paid, and so little done with it. But all this went off without any effect." Bur

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what is yours; we have the same religion to defend; and you cannot be more concerned for the preservation of your liberties and properties than I am, that you should always remain in the full possession of them; for I have no aim but to make you a happy people.-Hitherto, I have never spared to expose my own person, for the good and welfare of this nation; and I am so sensible of your good affections to me, that I shall continue to do so, with great cheatfulness, upon all occasions, wherein I may contribute to the bonour and advantage of England."

Nov. 10. The commons resolved, nem. con. "1. That the humble and hearty Thanks of this house be presented to his majesty for his most gracious Speech; and to congratulate his majesty upon his safe return to his people, after the many hazards to which his majesty has exposed his sacred person, and for his deliverance from the malice of his enemies; and to assure his majesty, That this house will always advise and assist him in the supporting of his government against all his enemies. 2. That an humble Address be presented to her majesty, acknowleging her prudent Administration of the Government in the absence of the king."

Nov. 11. Resolved, "That the Thanks of this house be given to admiral Russel, for his great courage and conduct in the Victory obtained at Sea the last summer." And the Speaker gave him the Thanks of the house accordingly. Ordered, That the Commissioners of the Admiralty, and the honourable member that commanded the Fleet, give an Account, to the house, of the last summer's Expedition.

Debate on the Conduct of the Fleet.] Nov. 12. Lord Falkland, from the Commissioners of the Admiralty, according to order, presented to the house several Papers of Instructions and Orders for the last summer's Expedition, in relation to the Fleet; and also several results of Councils of War held touching the same; which were read at the clerk's table.

Mr. Goodwin Wharton. I desire the house may be informed, why sir John Ashby had fallen short of his duty, who should have pursued Tourville, when he was divided from the rest of the French Fleet??

Admiral Russel. I received an order yesterday to give an Account to the house of the disposing of the Fleet after the Battle, and why the Victory was not pursued, and Trade not protected, and why the ships lay so long in port after the Battle. There was not one transaction of the Fleet, without the consent of the Council of War; they were all unanimous. I

*"A great part of the French Fleet sailed westward through a dangerous sea, called the Race of Alderney. Ashby, admiral of the blue, was sent to pursue them, and he followed them some leagues. But then the pilots pretending danger, he came back; so 26 of them, whom, if Ashby had pursued, by all appearance he had destroyed them all, got into St. Malo's."-Burnet.

have prepared a Paper to give you an Account how the wind stood, the time the Fleet lay in harbour.

Sir Tho. Clarges. I did move that the Commissioners of the Admiralty should lay before you the Papers of their transactions. You are told, by Russel, of the Council of War of the flag officers; but I mean the Council of the pri vate captains, for carrying on the descent, to be made by the Fleet.

Mr. Foley. It is not material who was at the Council of War, but I would see the Papers of Opinions of the Council of War about the Descent.

Lord Falkland. We have no original Papers of the Descent at the Admiralty Office. Sir Tho. Clarges. I would know why the Fight was in May, and the Descent not till July? Mr. Smith. This seems to me a defective prosecution of the Victory, and not as it should be. I move that you would go gradually to enquire what defect there was in the prosecution of the Victory, before you come to the matter of the Descent.

Admiral Russel's Paper was read, giving an Account why the Victory at sea was not prosecuted, and why the Fleet lay so long on the French coast.

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Sir Robert Howard. The advice you may give the king, in this matter, may be in the nature of another Supply. Russel did engage, and did fight, but not all the ships, and from them he might justly expect pursuing the Victory that we had got at sea. Stick to this particular, why the Victory was not pursued. English priest at St. Malo's had abused an Englishman; Cromwell demanded him, and his Admiral, Blake, battered the town so long, that the priest was delivered him. I would know whether the sea and land is not the same as formerly? And if this was done then, why not now?

Sir Tho. Clarges. I would know what Answer came from lord Nottingham? They lay long enough for it. I would know, in that time, from July to August, what happened?

Mr. Foley. The Fight was on the 19th of May. There is a relation of it under Tourville's hand. If sir John Ashby had done his duty, why were not the French pursued? He pursued but three ships, and so the rest got off.

Sir Wm. Strickland. I move that Ashby may be sent for, to give you an Account.

Sir Ch. Sedley. I think Tourville's relation is a great reflection upon Ashby. He will do it upon our best inen. I would send for him, and let him tell his own tale.

Sir Edw. Seymour. I think it fit to have all before you, because you have a seeming accusation. If you examine, and punish none, you confirm the Miscarriages. Why the Victory was not pursued relates to Ashby: Therefore, before you proceed farther, send for Ashby. As for the Miscarriages of the Ships, it is not the business of the body of the Fleet to lurk after particular Ships. Great time was spent to prepare this Flect. Though they said not, they

would not go aboard. But they are bold Com- | missioners to advise prosecuting a Descent against the opinion of all the Council of War at sea. Ordered, "That sir John Ashby do attend this house with all speed."

Sir Tho. Clarges. This Descent cost you some hundred thousand pounds. All we find, is bandying it from one to another. The seaofficers will not meddle without the land, nor the land without the sea. Except this Victory at sea, there has been but one act since this war towards abating the French power. I would know, whether the Admiralty ordered this? I have spoken with Newfoundland men, who say that the French go to fish there by August. The French had two little forts there, which were attempted and left, and two little frigates, in 1682, took them. All is very unfortunate. I thought, after a victory, to have been secure in Trade; but we have lost above 100 ships. I would know who had the direction of the Descent? I hear, that after this Victory, it was very terrible to the French. To lie still from the 19th of May till the 24th of July, was very strange! There was great diligence formerly, when Van Tromp put up a besom on the top-mast, and said, 'He came to sweep the Channel. We were not in so good hands, and good understanding then, as we are now; but then we took many ships. But I know not how it happens, there is not that zeal now to the government, as was then; and though we have been successful at sea, we have been very unfortunate on shore. I would know who had the direction of the Descent, so late, and retarding the land-men?

Admiral Kussel. It is enquired, what the fleet did after the Fight? I aver, the season proved so tempestuous, that they could not stir. But it is not an argument now (by what has been told you) to what was done 40 years ago about the priest at St. Malo's. It was the 14th of July before the ships could sail, and they must be clean before they take so long a voyage. Neither the English, nor the French, ever sail from Newfoundland till the 20th of September.

Sir Tho. Clarges. What Russel says of his own knowledge, I do believe, but the French go always a month before the English come away; and I do say that two privatcers did take the fort.

Sir Peter Colleton. I move to know, who had the particular charge of the Transport Ships?

Sir Tho. Clarges. The thing we would know, is, the time when these ships were ordered; they pretend want of money, but there was no defect of that I would know when these orders were given? I think the Commissioners of the Admiralty in an unfortunate condition, I think some of them are worthy men; but they are in a hard condition. I cannot but take notice, that if cross orders should be sent to the Fleet, in time of service, it may be of great mischief. There may be cross orders from the queen in the king's absence, and from the com

missioners of the Admiralty. The commissioners are admirals by act of parliament.

Mr. Smith. I desire all respect may be used to Ashby. The common method is a summons; your order is already made; pray do not make another to contradict it.

Mr. Hampden. Your order is for Ashby to attend the house, but not how to be summoned. Therefore I move that the Speaker may summon him by his letter.

Col. Titus. I know not how Ashby deserves such a favour as a Letter from the Speaker. You sent for Delaval by your serjeant; I know not why it may not be so now.

Sir Christ. Musgrave. I think it is the best way of respect to Ashby, to send a summons, and let your messenger deliver him your order, and he may come at his ease. To receive an order by a messenger of your own, is no reflection at all; but to send a summons by the post, unless it be better managed in other countries than in ours, I know not when it will come to his hands.

Sir Edw. Seymour. It is well advised, that Ashby be summoned by your order. I know no diminution to any person to let him know the order of your house by your serjeant.

Nov. 15. The Serjeant at arms acquainted the house, That sir John Ashby having been served with the Order for his attending this house, he returned Answer, "That as soon as any person came to take the charge and command of the Fleet, he would attend the house."

Debate on the Bill for regulating Trials, in cases of Treason.] Nov, 18. Sir Wm. Whitlock moved for commitment of the Bill.

Sir Tho. Clarges. I have perused the Bill, and it came last session to a committee of the whole house. But since it has been already passed, there is no necessity that it go into a committee of the whole house. But I submit it to you, whether you will put it to a committee of the whole house, or a select committee?

Sir John Lowther. I cannot agree to the bill. I would have the security our ancestors had, be so to us, especially in this time, so few have been tried for Treason. The Bill says,

Indictment is not to be presented but in ten days; it is impossible in our county [Westmorland] where the assizes are but once a year, and witnesses may be dead, or tampered with, or the criminal may e-cape, and so not be punished. I should be glad my country and family may be secured, but I think this bill is no security.

Mr. Attorney Somers. I shall never consent that any thing of the liberty of the subject be taken away. I have not given occasion to any man to say I ever strained any construction of law. To several parts of the bill I disagree, but am totally against timing the bill, as unnecessary and inconvenient. 1 declare

The former Attorney General, sir George Treby, had been made Lord Chief Justice of the Common Pleas

my judgment against the last Clause: the only thing, besides giving Money, by the commons, is the right of Impeachments; if that be brought down to ordinary proceedings, the commons will never undertake Impeachments, when counsel must stand upon an equal foot with the commons, and put themselves under a very low degree. If a man have the good luck to conceal treason for a time, he may escape prosecution. Yesterday perjury was made a capital law. Taking this bill altogether, it is so difficult to prosecute any man for Treason by this bill, that I think it unnecessary, and ill-timed, and I am against it.

Sir Christ. Musgrave. The learned person that spoke last, has thought this bill unseasonable, and spoke to several parts of it, which may be good instruction to your committee. I remember, in the Convention, one Grievance was, misinterpreting the law, and mis-construction of it, in cases of treason. Few but did bewail the misfortune of the last government in misrepresentations of law; and it is just to prevent it for the future. As for the objection about the Impeachments, that is proper for the committee to consider: but I would know whether such a bill is not requisite? If so, what security have we more than we had before? When princes strain hard upon their subjects, it will be hard to get such a law. The time therefore now is seasonable.

Mr. Solicitor Trevor t. There are great objections against this bill. It seems to aim at those things that every honest subject ought to do; and if the ends of it could be accomplished, I should be for it; but I take it to be quite contrary: no doubt but we should secure the protection of the lives of the subjects, but this bill gives protection to offenders, and does not preserve the innocent, and then the bill is not to be passed. I shall not deny, but there have been misinterpretations of the law in former reigns; the way to prevent that for the future is to prevent the authors of them. This law now will have no greater sanction than the former laws. There are too many I fear that correspond with our enemies abroad. Now, whether is it proper to pass a law more difficult for prosecution, than in times of our ancestors? nobody but will think then that this bill is an encouragement to impunity. Will the innocent be protected in letting loose so many ill men against the government? What then will be the consequence? Tyranny and Popery will

A Bill had been ordered in to make it Felony.

+ Second son of sir John Trevor (Secretary of State to king Charles 2), appointed Attorney General in 1695, and on queen Anne's accession, Lord Chief Justice of the Common Pleas. In 1711, he was created lord Trevor, and in 1725, was appointed by George 1, Lord Privy Seal. He was continued in the same post by George 2, and in 1730, was made Lord President of the Council: he died the same year, aged 72.

be the subversion of this government. Then will this be a protection to posterity? All the laws we can make, will not protect us, if there be an encouragement to those who would subvert the government. It is said, 'The bill passed last session :' but if it did, the objections against it are stronger now. It is known, since that session what attempts have been made to invade the kingdom, and too many engaged in it here. Though there were not two witnesses against them, yet we are persuaded some did deserve it. Shall we now give them greater encouragement to be offenders?

Mr. Harley. I observe that those who spoke against the commitment of the bill, have used arguments that are against the whole bill. If you are not for the commitment of the bill, you are for throwing it out. In the Convention there was a committee for public bills, and this was one of them. Has any thing since been done against offenders formerly? Because you did it not then, will you not do it now? The statute of 25 Edw. 3 regulates Treasons after great revolutions. In Henry 4's time, there was such a revolution as this. It is said, The bill is not suitable to the disease;' if it he not strong enough, I hope you will make it so.

Sir Charles Sedley. I would by no means endanger the king's safety, and for ours we can do no less than commit the bill; that we who cannot make long speeches, may speak to the parts of it.

Lord Coningsby. I always thought the impunity of the government would hazard the security of it. If the plotters succeed, there is no security to you; and if this bill helps to restore those who violated formerly, you are still worse. One particular you allow; public enemies are those who own not the government. Are they to have the advantage of this Bill, and the Papists, that will bring Popish evidence against us?

Mr. Foley. There have been misconstructions of cases of Treasons. If there had been no misconstruction in case of treasons but in the late king's reign-But in others, the proper remedy is a law declaratory. If you commit the bill, I hope great care will be taken, that no guilty may be protected. It is said, 'It will be hard by this Bill to bring a man to trial;' but the true reason is, because there is no proper direction given for the prosecution.

The Bill was committed to a grand com mittee, 170 to 152.

Nov. 19. Sir John Ashby, at the bar, gave the house an account of the reason why the French were not pursued, after the fight at sea, to St. Malo's, &c. "That the Fleet would have been endangered, by reason of the shallows; and one of his captains, a trader formerly there, assured him that he was run aground in a vessel but of 100 tons." And then withdrew. And, being called in again, the Speaker acquainted him, "That the house had taken notice of his ingenuous behaviour at the bar; and had commanded him to tell him,

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