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A38330 Some passages of the House of Lords in the winter sessions of Parliament in the year 92 England and Wales. Parliament. House of Lords. 1693 (1693) Wing E2847; ESTC R10050 24,111 18

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that this Gentleman by ●nterest of some it is thought that still promotes him was recommended by his Majesty when ●reland to be Treasurer of the City but his Majesty on the first application graciously recal●● his first recommendation saying he would abrige none of the Privileges of the City but in 〈◊〉 Election of this Major they were not so used by the Lords Justices and as this Imposition ●s new unto them so it was unexpected having so lately received with their Deliverance Majesties gracious promise that they should enjoy all their Priviledges and so they did by Majesties Command untill this Command of the Lords Justices These new Rules were in ●●ce in the best days Ireland ever saw under the happy Government of the Duke of Ormond 〈◊〉 his Grace never made use of them for more than they were intended a power in the hands ●he Government to lay aside such as were questionable in their Loyalty which that City hath ●er yet been tainted in 〈◊〉 dare not stay your Lordships longer to ennumerate all the oppressions that poor Kingdom 〈◊〉 under but what I have said I humbly affirm will be asserted by thousands in Ireland All ●●ch I humbly pray your Lordships to receive as in truth I intend it for their Majesties ser●●e the relief of their oppressed Subjects in Ireland among whom I am one F. Brewster 〈◊〉 Obedience to an Order of the Lords Spiritual and Temporal assembled in Parliament the 28 Feb. 〈◊〉 1692. I Sir Will. Gore of Donnegale in the County of Donnegal and Kingdom of Ireland Ba●●ronet do hereby humbly certify ●Hat a part of their Majesties Forces had free Quarters in the County of Donnegal other Counties in the Kingdom of Ireland during the late War and sometime after upon ●●●r Majesties Protestant Subjects and took much of their Goods for which they did not make ●●●isfaction and that when I demanded Satisfaction of some of the Officers of Collonel Tyffins ●●giment and others who Quartered longest there they did assure me their pay was stopped ●atisfie the said Quarters and what was taken from the Inhabitants by their Men. That about 1500 Irish Officers and Soldiers most of them Armed under the Command of ●●●gadier O Donnel as they stiled him were quartered for the most part on the Protestant In●●●itant of the County of Donnegal with a great rabble of Wives Children and other depen●●ts for a considerable part of the Winter Anno 1691. during which time their Officers took 〈◊〉 Cattle by force from the Country people and particularly from James Hammond and Hugh ●●derson who live near the Town of Donnegal by which they and many others were extream●● improverished that the said Quarters were not satisfied or Cattle paid for when I left that ●●●gdom which was about 4 Months ago nor can I hear that they have been paid for since That the said Officers and Soldiers were extream insolent during their being quartered as ●●●esaid demanding of me the Abby of Donnegal to say Mass in and causing their Priest to say 〈◊〉 publickly in the Town and next house to the Castle of Donnegal who being rebuked for it 〈◊〉 he was King Williams Chaplain as being Chaplain to one of Brigadier O Donnels Regiments ●●●t was in the Kings pay as I was informed by those that spoke to him on this occasion They ●●●re extreamly importunate for liberty to Quarter their Women That the method of disarming them was thus They were warned to appear bring in their ●●●s on a certain day to the Governor of the County that they knew they were to be disar●●● some of their Officers having told me so by which means they brought in a most incon●●●rable number of unfixed Arms and kept the best which I believe they have still that I pres●●● the Governor of the County to clap up one of the Officers that I knew had a great number 〈◊〉 Musquets and did not deliver them but he excused himself for want of Orders That I have been lately informed by Letters that the Kings Rent which is a Chiefrent pay●●● out of most Estates into the Exchequer of Ireland are demanded from the most Estates in ●●●ght and elsewhere which may keep waste none daring to Plant them for fear of being dis●●●ed That I have received but four Pound since the year 1688. Out of an Estate that pays ●●●t 66 l. Yearly into the Exchequer that by the present Collecting the said Rents many Estates may be ruined run more more in Arrear except their Majesties will be pleased to for 〈◊〉 till the wisdom of a Parliament there may take such course in it as may be to their satisfact●●● All which I most humbly certify as truth having been a Spectator of most of the things h●●● in mentioned as witness my hand this 1st of March 1692. Will. 〈◊〉 Die Jovis 2. Martij 1692. IN Obedience to your Lordships Commands to give my Reasons why I did not mention 〈◊〉 which was given to me for Reasons why those persons that were aggrieved by the Gove●ment in Ireland did not complain to the Lords Justices was this That they observed and 〈◊〉 believe nothing was done by the Commissioners of the Revenue but what was agreeable to t●● Majesties pleasure In obedience to your Lordships further Commands to explain who I mean by saying it 〈◊〉 thought Mr. Robinson had disposed of the Stores to the Value of 8000 l. for the use of s●● Body I mean my Lord Coningsby and himself Your Lordships are further pleased to command me to name who told me that it was t●●● purpose to complain to the Government of any Grievance and that they should be treated 〈◊〉 Enemies if they did was Mr. Joy in the case of his Wool Mr. Henry Davies in that of the 〈◊〉 Panns set to Judge Lindon and by Mr. Cocker in that of the Imbezlement of the Forfe●●● Goods and Stores He further adding that he had a small Imployment which he believe● 〈◊〉 should have lost if he had appeared in any such thing Mr. Edward Haines a Sheriffs Peer and one of the Common Council of the City of Dub●●● told me that tho he and several others had a desire to complain of the Grievance in deny●● the City their Right of Electing their Lord Major they durst not do it for that the Lords ●●stices looked upon any that complained as Enemies and that he was Indicted by the Lord ●●jors order at their own Quarter Sessions for appearing in the right of the City tho the p●●tence was for Words he spake and the Lord Major being not able to prevail with the Gr●●● Jury to find the Bill he was Indicted at the Kings Bench and that he had heard they wo●● Ruine him There was Mr. Flood and several others that made Complaints of the like Nat●●● Fran. Brewster One of the Earl of Mulgraves Speeches in Parliament about the Bill Entituled An Act for the f●●●dom of Elections and more impartial Proceedings in Parliament passed
〈◊〉 Passages of the House of LORDS In the Winter Des●●●● of Parliament in the year 92. Novemb. 1st THe Earles of Hontingdon and Marlebrough complained of their being denyed by the Kings Bench to come out of Prison altho' they had offered Bail accorcording to the Act of Habeas Corpus the Business was referred to a Committe who were impower'd to send for Papers Persons and Records And the Lord Lucas was ordered to produce the Warrants for Commitment of both the said Earls also the Clerk of the Kings Bench was ordered to bring to the Committe the Affidavit of Aaron Smith upon which the Lords had been Remanded back to Prison 10th After a very long Debate and the Judges heard in their own defence as well as Aaron Smith upon Oath which he refused to swear till the House was just going to send him to Prison A Committe was ordered to draw up a Resolution in pursuance of the Debate and to present it to the House to ●orrow morning and Aaron Smith also to attend and no other business whatsoever to intervene 11th Upon the Report from the Committe there was another long Debate which was at last Adjournest again till to morrow and all the Judges Ordered to attend 12th Upon the Earle of Scarsdalt's Complaint that his House had been searched the Messenger being sick who 〈◊〉 was ordered to send the Origin I Warrant by vertue of which ●e 〈◊〉 one it and the 〈◊〉 ●●siness of the three Lords was referred to a Committe of the w●●● House the Judges 〈◊〉 attend and nothing else to intervene 14th Resolved in the Committe of the whole House That whereas by the Statute 31 Ch. 2d commonly called the Habeas Corpus Act A● Judges and Justices c. 't is now resolved and declared by this House that it is the duty of all the Judges and Justices of Oyer and Terminer and general Goale-Delivery in pursuance of the said Act to set at Liberty the Prisoner on Bail ●f Committed for High Th●●s●● unless it be made appear upon Oath that there are two Witnesses against the said Person who cannot be produced in that Term Sessions or General Goal-Delivery And t is hereby further resolved that in case there shall be more then one Prisoner to be Bailed or Remanded 't is the intention of the said Statute that there must be Oath made that there are two Witnesses against each of such Prisoners in order to remand them to Prison respectively And this Resolution was Ordered to be Recorded in the Books of this House as a Direction to a●●●udges for the future and to prevent all excuse for any such Illegal Proceedings for the future 〈◊〉 Upon a long Debate about the manner of freeing the several Lords from their Bail before 〈◊〉 House would go upon any other Business whatsoever to prevent it a notice was intimated from the King that he would cause their Bail to be immediatly discharged at which the House 〈…〉 for two dayes that he might haye time to do so before they sat again they being 〈…〉 upon no other Business till that was not only promised but executed 〈…〉 House was ●●●or●ed by the Lords concerned that their Bail was discharged and as 〈◊〉 ever they had a●●●inted the House they fell to other Business 18th The House ●ppointed a Committe to draw a Return of Thanks for the Kings Speech which had n●●er yet been so much as taken notice of because of this Business of the Lords and it 〈…〉 only that a handle might be taken for giving Advice to the King to which something in h●● Speech seemed to invite the Lords and the Address was Penn'd soon purpose to thank him for the invitation so that the Lords found themselves ingaged in the Advice before s●me of them were well 〈…〉 〈◊〉 ●fter having sate many dayes ●●der great Controversies about giving advice it was Resolved first that the King should be advised to give the chief Command of the English For c●●●o no man who is not a Subject born in his Majesties Dominions And that Mr. Blaithwait should bring a List of all the General Officers and Troopes upon the And that the Chief Officers of the Ordnance shall send a List of all Officers belonging to the same as also an Account of the Stores and what hath been delivered out these two last years And that the Keeper of the Paper-Office in Whitehall send the Capitulation made between the English and Dutch in 1674. 29th Ordered that the Commissioners of the Admiralty shall send all such Orders and Letters and Instructions as were sent to the Admiral last Summer and Particularly those which relate to the Descent and the Answers thereunto and also Coppies of such Letters or Orders as have been sent by the Commanders in Chief to Inferior Officers in Relation to the intended Descent or to the pursuite after the Fight at Sea That the Commissioners for the Transport Ships send an Account of all they have done concerning these Matters That the King be desired to direct that all the Orders and Papers sent by the Privy Council or by the Secretary of State relating to the last Summers Expedition at Sea and the full account of all the Transactions be laid before this House and Particularly all such Orders and Papers as relate to the intended Descent 30th The King sent Word that he had directed it accordingly The Commissioners of Accounts Establisht by Parliament were ordered to send them in Signed by five of them at the least and they were sent in accordingly Decemb. 1st The Officers of the Ordnance were ordered to bring an Abstract of the Stores two Years ago and what hath been delivered out Since and to put under the Name of every Spe●●● the Summe total as well of the Issues as of what remains And 〈◊〉 send a List of all the ●●reigners upon their Establishment or employed by them and in what Places 6th The Earle of Nottingham brought in those Papers from the King which being Read 7th There arose along Debate about a Motion for having a Committe of both Houses sit together in order to the better Examination of the last Years Miscarriages the Question being carryed by a very few Votes in the Negative The other Lords Assigned the following Protestation and entred it under their own Hands in the Books of the House A Protestation against the Vote that refused to agree that a Committe of both Houses should sit together First Because his Majesty having particularly and expresly desired the Advice of his Parliament at this time when he so much seems to need it no other Methods was nor in our Opinions could be proposed by which the two Houses might so well and so speedily be brought to that concurrance which is necessary to render their Advice Effectual 2dly Because it appears by some Papers already imparted to this House that severa●●●●●mbers of the House of Commons are concern'd in the Matters before us as having been so lately employed in his
Majesties Service and we conceive it the easiest properest and fairest way of Communication between the two Houses to have so great and important Business transacted and prepared in a Committe so chosen 3dly Because it cannot be expected that so many Members of the House 〈◊〉 from whom we shall need Information can in any other manner be here present so often 〈◊〉 with the leave of their House as will be necessary for a sufficient Enquiry into the sever●●●●●●s now under Consideration 4thly Because if the House of Commons intend also to give Advice to his Majesty t is very probable that both Houses of Parliament may receive such Information severally as will be thought fit to be communicated as soon as possible and we conceive no way of doing that can be●● proper or speedy as in a Committe of both Houses 5thly Because in a time of such iminent Danger to the ●ation by reason so many Miscarriages as are supposed generally to have been committed the closest and strictest Union of 〈◊〉 Houses is absolutely necessary to redeem us from all that Ruine which we have too m●●● cause to fear is coming upon us Decemb. 8th The Earle of Nottingham brought his own Book of Entries with Mr. Russels Le●ers and Copies of his own to Mr. Russel of all which a List was taken and all of them re●erred to a Committe 9th Another Committe appointed to examine what way might be found for the House to ●peak with a Member of the House of Commons or to have him before a Committe 10th Sir John Ashby was examined at the Barr then it was reported from the Committe that they had found an Expedient which was Debated and at last resolved on And another Committe ordered to prepare something to be delivered at a Conference together with all the Letters c. 19th The Lord President ordered to deliver the Papers c. And to say as followeth We by Command of the House of Commons are often mentioned in the said Papers from whom possibly you may be more particularly informed of the Matters contained in them 21st The House of Commons at another Conference told the House of Lords that they had Read and well considered those Papers which they had sent them and finding Mr. Russel a Member of their House often mentioned in them the Commons unanimously came to this Resolution That Admiral Russel in his Command of the Fleet during the last Summers Expediton has behaved himself with Fidelity and Conduct 22. A Committe to inspect the Books in relation to a true Conference and particularly whether there have been any free Conferences desired with the Commons when the Houses di● not disagree ●●th Reported from that Committe that they had found some Presidents for it as followeth Aug. 9th 1660. The Commons desired a Conference about a Business of great Importance without any Disagreement Aug. 13. 1660. The Lords desired a Conference about the same Business without any Disagreement Sept. 1. 1660 A Free Conference was desired by the Commons upon the same Subject still without any Disagreement July 29 1660. A free Conference was desired by the Lords about the same Bill without Disagreement ' and another Conference was desired by the Commons the same day After a long Debate another Committe was appointed to inspect Presidents whether the Resolution of the House of Commons delivered at the last Conference be according to the usual Proceedings of Parliament and to consider of Heads to be delivered at a free Conference on than subject 31. The Question was put whether the Bill for impartial Proceeding in Parliament should 〈◊〉 ●●●mitted and it was carried in the Affirmative by 15 Votes Then it was put whether they should now proceed upon it and it was carried in the Negative July 1st A Free Conference desired by the Lords who told the Commons that their Hose ●●●●unicating to the House of Lords at a Conferance a Vote of theirs upon Matter of Fact only without giving any Reasons for it is not according to the usual Proceedings in Parlia●●●● 〈◊〉 ●●●sure it seems they took putiently and without making the least reply 〈…〉 of those Lords who Signed the several Protestations with Reasons in this Sessions of 〈…〉 which Names under their own Hands together with the Reasons in the Publick 〈◊〉 of that House Mulgrave Rivers Warrington Denbeigh Thanet Alisbury c. to the number of 40. An Account relating to some of the Affairs in Ireland given by Mr. Sloane To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled IN ●bedience to your Lordships Commands I humbly give this Account of some things I have seen and Observed or credibly heard of the Affairs of that Uunfortunate Kingdom out of which by your Lordships direction I shall omit many other things which I have only by Informations Tho' I believe the same may be well proved concerning the State and Affairs of that Kingdom And if this shall be of any publick service either to this or that Kingdom I shall reckon it more then a reward sufficient to repair any Injury can be done me on this account It was in August last I went into Ireland partly on own private Business and partly to settle some Affairs relating to my Lord Lisburn who had left me one of his Executors and Trustee● of his Estate and being there was chosen a Member of the House of Commons which was the chief occasion of my seeing or observing what I did on this unfortunate Subject 1. One of the great Grievances and that which is most immediatly felt by the subjects there I take to be that the Army there have not been better pay'd and that by reason thereof since the War ended they have been contrary to known Laws as they said for want of Pay and subsistance in many places of that Kingdom necessitated often to take free Quarter not only for Meat and Drink and Lodging but to supply themselves with Cloaths and other necessarys have Taxed exacted and received from the Country great Sums of Money and where the same was not paid in many places cistrained for the same Of which I heard man● Complaints and that few or none could ever get any Redress And on that account I believe there is due to the Country above 200000 l. which hath tended to the ruine of many Persons and Families there And if this were an end of it that which is past might be the easter forgot But as I am credibi informed by the late Accounts from thence Free Quarters and taxing the Subject is in divers places continued to this time or some few Weeks since And if not prevented for the future by the better Pay and Order of the Army may tend to the great impoverishment and destruction of that Kingdom Yet I am not surprized it should be so for it was publickly told us in the House of Commons as I remember by Mr. P●ultney and Mr. Davids concerned in or about the Government there
given the Laws might be left behind However an Expedient and the present giving some Money was so earnestly pressed that the House for ought appeared became all unanimous in what was done that is in passing the Excise Bill which was to raise the ready Money with a Declaration that it was only for this time and should be never drawn again into President and by asserting the Right by the said vote and by rejecting the Corn Bill for the same reason of not having its first rise from the Commons which was all done and was by many reckoned a great complyance and not doubted but it would be pleasing to his Excellency For this last Expedient was particularly proposed and prosecuted as I was credibly informed by Brodrick by some of the Privy Council as Col. Cook who had frequent Access to his Excellency and seemed to understand his mind and think it appears by the votes that they passed Nemine contra dicente on this Matter It was yet the stranger to many of us because Sir Cyril Wyche on Wednesday 2d of November reported from his Excellency to the House that he had heard a good Character of Dr. Warkington the Chaplain of the House but being recommended by the House to his Excelency he would on that account take more care of him And so on other Occasions ●hi Excellency was pleased to return very good Answers to the Addresses of the House And farther the same day Wednesday the 2d Novem. He reported from his Excellency that he had appointed Friday next for the Committe to attend him in Council with the Heads of the new Laws we had prepared which made many of us think that his Excellency had not then resolved to Prorogue us on Thursday which was the only intervenient day however it was done on Thursday the 3d. was reckoned a greater loss to us for that the Heads of the Laws we had prepared to tender him were of very great consequence to the Nation viz. The Heads of Habeas Corpus Act of the Act for restraining the Jurisdiction of the Council Board of the Act against buying and selling of Offices of the Act against Frauds and Perjuries with several other good Laws of Force here but not there But being Prorogued the day before we had not the Opportunity so much as to tender them It was only told us on the Prorogation by the Lord Chancellor that his Excellency being informed of what Heads we intended to tender him He would take them into Consideration and against the next meeting of Parliament such of them as should be found requisite should be in a readiness to be brought into Parliament And I am now credibly informed that some of them are prepared but the Habeas Corpus Bill which I value more then all the rest I am told is to be left behind and so is not thought requisite as I believe It was yet the stranger that in these 7 dayes we had been very busy by a Poll Bill to raise the rest of the Money and intended to do it sooner that way then the Corn Bill would have done which could not be till next Harvest And also for that we were then coming upon the more close pursuit of our Grievances and the imbezilments of the Revenue in which we thought we were at our Duties And after all this heat about as we said our intrenching on the Prerogative it was considered that it was of great use to the Subject that the Commons should have that right if they are willing to give the Money It seemed to many but reasonable to let them find the easiest wayes of raising it But on the other side such a Prerogative as that the Council Board may first find the Ways of raising Money I could not see of what use it could be unless it were to occasion more heats For the Commons without doubt has a Negative Vote and can throw it out besides that I could not see how this Claim comes by the name of Prerogative which I take to be an ancient inherent Right of the Crown But whatever can be said of this must be drawn from Poynings Act and the the 3d. and 4th of Ph. and Mary or something since Poynings Law Now for what happened since the Prorogation many of the Members thought it very necessary to have Agents to attend their Majesties here on the behalf of the Protestants to render them and their proceedings right in their Majesties Opinion as also to solicite such Matters as might happen relating to them Which way of sending Agents hither had been heretofore used but was done as some affirm by consent of the Government there Wherefore to pursue the former method a Petition was presented to his Excellency by Sir Robert King and Sir Arthur Rawden Sir Arthur Langford and Mr. Annesly and Signed by them on the behalf of themselves and others which was no more in substance than to pray leave to appoint Agents to attend their Majesties to which his Excellency as they declared delivered this Answer that they could not have a better Agent than the King himself who had been Agent for the Protestants for these twenty years but if they would have leave for any to go over and beg the King pardon for their Rio●ous and Seditiou● Meetings they might have it or to that effect This sounded very hard in the Ears both of the Gentlemen to whom it was said and others who believed them to be men of Great Value and integrity But this was not the end for there was as I believe may be proved a dir●ction to prosecute them upon an Information in the Kings Bench which they were resolved to defend but it seems it was better considered and they were let alone This of having Agents here was thought the more necessary for that the Papists as many affirmed have Agents to Solicite their Affairs here and make Collections for them in Ireland if the Prot●stant● had Agents here it is not like that such Bills would have ●een sent them without amendment as some were now Transmitted to the Parliament with very fair Titles but rejected for the Bodys of them As a Bill to confirm the Act of Settlement which is much wished for but there were such things therein that instead of confirming it would have set things much looser than they were as many seemed to think for which it was rejected And the same fate found a Bill for reversing the proceedings of Attainder passed when the late King was there which had been very welcome to many ●imerous People there yet was rejected by reason of a Clause in the body thereof It faired no better with a Bill for punishing Mutineers and Deserters which probably had passed if it had been as the Act for that purpose here is but it was to continue for 3 Years from thence to the next Session of Parliament which was so uncertain and the Clauses relating to the regulating Quarters left out that
in the House of C●●mons and sent up to the Lords in the Winter Sessions of Parliament Anno 1692. as it was t●●● in short hand My Lords THis Debate is of so very great consequence that I resolved to be silent and rather t●● advised by the ability of others then to show my own want of it Besides it is of so●● a Nature that I who speak always unpremeditately apprehend extreamly saying any th●● which may be thought the lest reflecting tho even that ought not to restrain a man here fr●● doing ones duty to the publick in a Business where it seems to be so highly concerned I have always heard I have always read that Foreign Nations and all this part of the w●●● have admired and envied the Constitution of this Government For not to speak of the K●●● Power here is a House of Lords to advise him on all important Occasions about Peace or W●●● about all things that may concern the Nation the care of which is very much intrusted to 〈◊〉 Lordships But yet because your Lordships cannot be so conversant with the generality o● 〈◊〉 People nor so constantly in the Country as is necessary for that purpose here is a Hous● 〈◊〉 Commons also chosen by the very people themselves newly come from among them or sh●●● be so to represent all their Grievances to express the true mind of the Nation and to dis●●● of their Money at least so far as to begin all Bills of that nature if I am not mistaken the 〈◊〉 writ for Election sent down to the Sheriffs does impower them to chuse what their Representa●●● Now my Lords I beseech you to consider the meaning of that word Representative Is i● 〈◊〉 do any thing contrary to their mind it would be absurd to suppose it and yet how can 〈◊〉 ●●herwise if they after being chosen change their dependency ingage themselves in Employments plainly inconsistent with that great trust reposed in them and that I will take the liberty ●o demonstrate to your Lordships they now do at least according to my humble opinion I will instance first in the least and lowest incapacity they must be under who so takes imployments Your Lordships all know but too well what a general carelessness there appears every day more and more in the publick Business if so how is it likely that men should be as diligent in their Duty in Parliament as that Business requires where imployments and a great deal of other business shall take up both their minds and their time But then in some cases 't is worse as in Commands of the Army and other Imployments of that kind when they must have a divided Duty for it does admirably become an Officer to ●it Voting away Money in a House of Commons while his Soldiers are perhaps taking it away at their Quarters for want of his presence to restrain them and of better Discipline among them Nay perhaps his Troop or Regiment may be in some Action abroad and he must either have the shame of being absent from them at such a time or from that House where he is intrusted with our Liberties To this I have heard but one Objection by a noble Lord that if this Act should pass the King ●s not allowed to make a Captain a Collonel without disabling him to sit in Parliament Truly if a Captain has only deserved to be advanced for exposing himself in Parliament 〈◊〉 think the Nation would have no great loss in the Kings letting alone such a Preferment But my Lords there is another sort of incapacity yet worse then this I mean that of Parliament Mens having such Places in the Exchequer as the very profit of them depends on the Money given to the King in P rliament Would any of your Lordships send and intrust a Man to make a Bargain for you whose very interest shall be to ma●e you give as much as he can possibly It puts me in mind of a Farce where an Actor holds a Dialogue with himself speaking first in one Tone and then answering himself in another Really my Lords this is no Farce for t is no laughing matter to undoe a Nation but t is altogether as unnatural for a Member of Parliament to ask first in the Kings name for such a sort of supply give an Account from him of how much is needful towards the paying such an Army or such a Fleet and then immediatly give by his ready Vote what he had before asked by his Masters order Besides my Lords there is such a necessity now for long sitting of Parliaments and the very Priviledges belonging to Members are of so great extent that it would be a little hard and unequal to other Gentlemen they should have all the places also All the Objections that have been made may be reduced to these First t is told us that t is a disrespect to the King that his Servants or Officers should be excluded To this I desire it may be considered that t is in this case as when a Tenant sends up any body to treat for him would any of your Lordships think it a disrespect nay would the King himself think it any if the Tenant would not wholly refer himself to one of your own Servants 〈◊〉 to the Kings Commissioners in the case of the Crown And if he chuses rather some plain 〈◊〉 ●est Friend of his own to supply his absence here will any man blame such a Proceeding or ●●●●k it unmannerly Besides your Lordships know this Act admits them to be chosen notwithstanding their imployments provided the Electors know it first and are not deceived in their choice All we would prevent is that a good rich Corporation should not chuse to Intrust with all their Libertys a plain honest Country Neighbour and find him within six Months changed into 〈◊〉 prefer'd cunning Courtier who shall tyd them to their Cho●ce tho he is no more the same man than if he were turned Papist which by the Law as it stands already puts an incapacity upon him Another Objection is that this Act may by its Consequence prolong this Parliament which they allow would be a very great Grievance and yet suppose the King capable of putting it upon us which I have too much Respect for him to admit of tho I am glad howeve● that t is objected by Privy Counsellers in favour who consequently I hope will never advise 〈◊〉 thing which they now exclaim against as so great a Grievance But pray my Lords what should tempt the King to so ill a policy Can he fear a freedom of Choice in a people to whose good will he owes all his Power which these Lords suppose he may use to their Prejudice And therefore give me leave to say as I must not suspect him of so ill a Design as the Perpetuating this Parliament so he cannot he ought not to suspect a Nation so intirely I was going t● say so fondly Devoted to him My Lords O Man
is readier then my self to allow that we owe the Crown all submission as to the time of calling Parliaments according to Law and appointing also where they shall sit but with reverence be it spoken the King owes the Natio● an intre freedom in Chusing their Representatives and it is no less his Duty to God then his true interest that such a fa●● and just proceeding should be used towards us Consider my Lords of what mighty consequence it may he that so many Votes should be free when upon one single one may depend the whole security or loss of this Nation By one single Vote such things may happen that I almost tremble to think on By one single Vote a GENERAL EXCISE may be granted and then we are all lost By one single Vote the Crown may be impowered to name all the Commissioners for raising the Taxes and then surely we should be in a fair way towards it Nay whatever has happened may again be apprehended and I hope those reverend Prelates will reflect that if they gro● once obnoxious to a prevalent Party one single Voice may be as dangerous to that Bench as a general dissatisfaction amo●● the People proved to be once in a late Experience which I am far from saying by way of threatning but only by way of cautio● My Lords WE may think because this concerns not the house of Lords that we need not be so over careful of th● Matter but there are Noblemen in France at least such as were so before they were enslaved who that they might dom● neer over others and serve a present turn perhaps let all things alone so long till the people were quite Mastered and the Nobility themselves too to bear them company So that I never met a French man even of the greatest rank and some had 10000 Pistols a year in employments that di● not envy us here for our freedom from that which they groan under and this I have observed universally except just Monsieu● de Louvoy Mon. Colbert or such People because they were the Ministers themselves who occasioned these Complaints an● thrived by the Oppressions of others My Lords This Country of ours is very apt to be provoked we have had a late experience of it and tho no wise man bu● would bear a great deal rather then make a bustle yet really the people are otherwise and will at any time change a presen● uneasiness for any other condition tho a worse we have known it so too often and sometimes repented it too late Let them not have this new Provocation in being debarred from any Security in their Representatives for malicious People will not fail to infuse into their minds that all those vast sums which have been and still must be raised towards this War are no● disposed away in so fair a manner as ought to be and I am afraid they will say their mony is not given but taken However whatere success this Bill may may have with your Lordships there must needs come some good Effect of it for if it passes it will give us security if it be obstructed it will give us warning I humbly move your Lordships that the Bill may be committed After which it being put to the question whether the bill should be rejected or committed it was carried for the bill by 15. Votes there being only 32 against it and 47 for it amongst which latter were 5 Bishops but it was so late that many of the last refused to stay and so it was deferred to a further day by which time so many Proxies were obtained as threw out the Bill as nine a Clock at night by 2 Votes Note The occasion of all this was their having been several other Prisoners as well as these Lords brought to the Kings Bench here was an Affidavit of Aaron Smith drawn privately at somebodys Chamber so equivocally that instead of the word Witnesses according to the Statute he only swore there was Evidence against each Prisoner and at the end of it instead of Witnesses against each Prisoner the Affidavit only mentioned Witnesses against the Prisoners by all which he saved himself from being forsworn so preventing any punishment from being prosecuted by the the Prisoners and his Affidavit served for 〈…〉 tho' but an ill one for the Judges to remand the Prisoners back they supposing there were two Witnesse against each of the Prisoners Note also While this was under examination the Judges shewed plainly they had not doubted of the Equivocation but hoped it was sufficient to warrant or at least to excus● their Proceedings which perhaps had never thus luckily come to light if Peers had not been concerned to bring it into their House by the order of which entred in their Books the subjects of all Ranks are better secured ever after These Notes should have been inserted after the 17 day of Sep. 1692. Note That Precedence is not observed in the House of Lords where they Signe Protestations He that draws them up Signs first and then others as they come to the Books