nounced against him by the lord Chancellor | February 18. The lord Harcourt went earl Cowper, lord High Steward upon this occasion."

Debate concerning the Land Tax Bill.

February 1. The Lords having read a second time the Land Tax Bill, and referred it to a committee of the whole House; some Peers were offended at the Preamble: And the earl of Abingdon thereupon moved, That all the Peers in town might be summoned to attend that committee, which was done accordingly. The said Preamble was as follows: "We your majesty's most dutiful and loyal subjects, the Commons of Great Britain in parliament assembled, having hearts filled with the utmost gratitude to your majesty, for the tender concern your majesty on all occasions, expresses for the extraordinary burthen this unnatural rebellion makes necessary to be laid on your faithful subjects, for preserving all their rights, both sacred and civil; and for your majesty's unprecedented goodness, in giving up all such estates for the use of the public, and in ease of your people, as shall be forfeited by this rebellion; the raising, or the dreadful consequences whereof cannot, by the most implacable of your majesty's enemies, be ascribed to any one act done by your majesty, since your happy accession to the throne of your ancestors; but even they will allow, that all the mischiefs, burthens, and calamities which shall attend this horrid rebellion, are, in truth, owing to the fatal and pernicious councils given by some persons in the late male-administration, when, under pretence of procuring peace abroad, the present destructive war was projected to be brought into the very bowels of our native country at home, when a popish army, (part of which God has delivered into your hands) was designed to be the protecter of our holy religion; and when under the false colour of paying the public debts, though their true design was to deliver us bound into the power of the ancient enemy of these kingdoms; the same evil counsellors contrived unnecessarily to incumber, for a long time to come, (if not for ever) several considerable branches of the public revenues, which, for many years past, had, from time to time, been useful to support the public expence; which revenues in former administrations, had been carefully reserved for that purpose to the end, that upon the conclusion of an happy peace, which we had then reason to expect, the subjects of these realms might have reaped the fruits of a successful, though expensive war. And we your majesty's said dutiful and loyal subjects being fully resolved to maintain your majesty's just title to the imperial crown of these realms, against all enemies and traitors whatsoever; and for that end purpose to raise such supplies as are necessary to defray your majesty's public expences, have chearfully and unanimously given and granted, &c."

A Committee appointed to inquire into the Right of the Lords to alter a Money-Bill.]

to the House of Peers, and caused the Journal to be searched for precedents of Amendments if any could be found, at least since the Resto made by the Lords to a Money-Bill: But few

ration in 1660, from which time the Common would never suffer the Lord's to make altera Committee was sat, several lords spoke agains tions in bills of that nature. When the grand the preamble in question, as prejudging mat cognizance and determination of which pro ters of a very high and important nature, the perly belonged to the House of Peers. The courtiers were sensible that this objection was other hand, to put a stop to the bill at this well grounded; but being unwilling, on the critical juncture, an expedient was proposed and admitted, viz. That they should enter in their Journal a kind of Protest or a Declara tion, importing in substance, "That, although the Preamble to the said bill contains several assertions of facts different from the matter of the said bill, and which may possibly hereafter fall under the consideration of this House in their judicial capacity; yet nevertheless their lordships, being extremely sensible of the very great and public inconvenience which would which the said bill provides, should be delayed, ensue, if the necessary supply of money, for have therefore, out of zeal for his majesty's service and the public good thought fit to instruct, and do hereby order, That it be an into agree to the said preamble, without any struction to the Committee of the whole House,

amendment."

And then the following Declaration was agreed to by the House :

But, to prevent any ill consequences from such a precedent for the future, they have thought fit to declare solemnly, and to enter upon their books for a record to all posterity, That they will not hereafter admit, upon any occasion whatsoever, of a proceeding so con trary to the rules and methods of parliament; and as to the said assertions in the preamble to the said bill, their lordships do further declare, That they will not in any manner hold themselves concluded by any of the said asser tions, in any judicial proceeding or debate whatsoever; and are of opinion, that no argument drawn from any such assertion only, without due proof, ought to be of any force or validity upon any occasion before-mentioned."

Ordered, That such Lords as think fit may sign the said Declaration in the Journal at any time during this session of parliament.

tender's Flight out of Scotland.] Feb. 17. The King's Speech relating to the PreThe king went to the House of Peers, and gave the royal assent to such bills as were ready. jesty's command, read the following Speech to After which, the Lord Chancellor, by his ma

both Houses:

"My Lords and Gentlemen, "I take this opportunity of acquainting you,

that my forces have obliged the Pretender to | is consistent with the public safety; not doubtfly out of Scotland; and he is since, as I am informed, landed near Gravelines, but I don't yet know, whether any country in amity with us, will give him protection, after having so publicly invaded our kingdom.

ing but, if your majesty judges it necessary, you will make use of the power already granted you. And we do humbly assure your majesty, that nothing shall be wanting on our part, towards securing, upon the most solid and lasting ex-foundations, your majesty's government, upon which the future happiness and tranquillity of these kingdoms does entirely depend.”

"I promise myself, from the zeal and wisdom of this parliament, that the future happiness and tranquillity of my subjects, will be established on a solid foundation; and such measures taken, as may deprive our enemies at home of the power, since that alone can deprive them of the inclination, again to attempt the disturbance of my government. This, therefore, is what I think myself obliged to re-jesty's dominions. commend to you as a deliberation of the utmost importance to the future safety, ease, and prosperity of my people."

The Lords' Address thereon.] Feb. 20. The Lords waited on the King with the following

The King's Answer.] To which his majesty tholics, the open and declared enemies of it,

besides, they occasion ruinous expences, and
give a handle to the cabals and intrigues of fo- ·
reign princes: That therefore it was becoming
of the wisdom of that august assembly, to apply
a proper remedy to an evil which might be at-.
tended with the most dangerous consequences,

of Devonshire made a speech in the House of
Lords, representing the inconveniences that at-
tead the triennial elections of members of par-
liament; particularly, that they serve only to
keep up party divisions, and to raise and foment
feuds and animosities in private families; That
cularly, because the court being more sure of a ligious liberties, because it effectually supported.
majority in the House of Commons, if the bill the House of Brunswick on the throne; was
#miscarried with the Lords, the odium of this undoubtedly one of the most daring uses, or,
project, which carried a face of unpopularity, according to the representations of its oppo-
would not rest upon the Commons, nor conse- nents, abuses of parliamentary power that
quently prejudice future elections." Tindal. ever was committed since the revolution; for,
"Though the rebellion was extinguished, the it not only lengthened the duration of future
f.me of national disaffection still continued to parliaments, but the members who had been
rage; The severities exercised against the re-elected only for three years, prolonged, of
bels increased the general discontent: For now their own authority, the term of their continu-
the danger was blown over their humane pas- ance for four years more. The great body of
Mons began to prevail. The courage and for- the Whigs, influenced by these considerations,
titude with which the condemned persons en- were, at the first proposition, averse to the mea-
countered the pains of death in its most dread- sure, and did not agree to support it, till ma-
ful form, prepossessed many spectators in favour ture deliberation had convinced them of its
of the cause by which those unhappy victims necessity. During the debates which took place
were animated. In a word, persecution, as on this occasion, the arguments of opposition
usual, extended the heresy. The ministry, per- and defence, were not unequal to the impor-
ceiving this universal dissatisfaction, and dread-tance and dignity of the subject. We, who
ing the revolution of a new parliament, which
night wrest the power from their faction, and
retort upon then the violence of their own mea-
sures, formed a resolution equally odious and
effectual to establish their administration. This
was no other than a scheme to repeal the Trien-
nal Act, and by a new law to extend the term
of parliaments to seven years." Smollett.

live at this distance of time, without being heated by the warmth of party, without suffi ciently considering the temper and state of the nation, and without weighing the peculiar circumstances which occasioned its introduction, must confess, that in theory, the arguments of those who opposed it, are the most specious and convincing; but if we recur to "The ministry perceiving, and probably re- the events of the times, and the state of the senting the general discontent and disaffection country, we must applaud the wisdom of thoseof the people to a government, which willingly who sacrificed speculation to practice. That concealed even from itself the desire of ven- the necessity must have been great and evident, geance by which it was actuated, under the appears from the consideration, that it was Teil of loyalty and patriotism, now found or ima- supported by men of the first rank, indepengned the necessity of adopting a measure for dence, and probity in the kingdom; that in the preservation of the public safety, which has the House of Lords, where it was proposed by been ever considered as the highest and most the duke of Devonshire, there were only 36 unconstitutional exertion of parliamentary au- voices against it, and that, on being sent to the thority attempted since the era of the revolu- House of Commons, there was a majority of tion; and, if we except the act of Henry 8, 264 against 121. But whatever opinion might declaring the proclamations of the crown equal be formed of the justice of the right exercised in validity to acts of parliament, and the per- by parliament, in repealing the triennial act petuity act of Charles 1, it may not be too and substituting septennial parliaments, yet it much to affirm, since the first existence of par- can scarcely be contested, that it has in effect Laments. This was no other than the intro- been highly advantageous to the well-being of duction of the famous Septennial Bill, in the the legislature, and to the real interest of the session of 1716, by which the parliament not nation. The Speaker Onslow, who was no ill only assumed a power of prolonging the dura-judge of parliamentary proceedings, was freLon of future parliaments, but even its own; and being elected by the nation for three years, they elected themselves for four years more." Beisham.

"During this interval, the Septennial Bill was brought into parliament. Although Walpole was not able to support this measure in the House of Commons, yet, as it had been previously arranged with his concurrence, and as he also Constantly opposed the repeal, it has always sen justly considered an act of his administration. This memorable bill, which is to be considered as the bulwark of our civil and re

quently heard to declare, that the passing of the Septennial Bill formed the era of the emanci pation of the British House of Commons from its former dependence on the crown and the House of Lords. From that period it has risen in consequence and strength." Coxe's Walpole.

"This has been thought by many an unconstitutional exertion of their authority; and the reason given is, that those who had a power delegated to them for three years only, could have no right to extend that term to seven years. But this has always appeared to me to

especially in the present temper of the nation, for though the rebellion was happily suppressed, yet the spirit of it remained unconquered, and seemed only to wait for an opportunity to shew itself with more violence that the election of a new parliament, which by the triennial act was not far off, being the most favourable juncture which the disaffected could expect, he thought it absolutely necessary to deprive them of it: For which purpose, he had a Bill to offer to the House, for enlarging the continuance of parliaments; and at the same time he moved it might be read.

He was seconded by the earl of Rockingham, and backed by the duke of Argyle, the earl of Dorset, and lord Townshend.

The duke of Buckingham, the lord Trevor, the earls of Nottingham and Aylesford, and several other Peers, though they did not directly oppose the bill, yet were for putting off the reading of it to another time: they did not deny, but that every member of that House had the privilege of offering what bill he thought fit; but that the House was likewise at liberty

be a fallacious mode of considering the subject. Before the triennial act, 6 W. and M. the duration of parliament was only limited by the pleasure or death of the king and it never can be supposed that the next, or any succeeding parliament, had not the power of repealing the triennial act; and if that had been done, then, as before, they might have sat seventeen or seventy years. It is certainly true, that the simple repeal of a former statute

would have extended their continuance much beyond what was done by the Septennial act." Blackstone's Commentaries, vol. 2. p. 189, Christian's edition.

either to read it or not, as they thought coavenient; and that the matter proposed, was of so high a nature, that it well deserved to be maturely weighed and considered, before there were any debates upon it; and therefore they moved that the Bill might lie some days upon the table, before the first reading.

The lords who were for reading it presently answered them, That it was far from their thoughts to offer at the carrying any thing by surprise: that by the ordinary method of proceeding, every member had a sufficient time to weigh and consider what was offered to the House. Then the earl of Dorset proposed, That after the Bill had been once read, the second reading should be put off to the Saturday following; to which the House agreed.*

April 14. This Bill being, according to order, read a second time, the lord Cowper put the question, Whether it should be committed? Upon which, there arose a warm debate.

The Earl of Abingdon who spoke first against the Bill, said "That it was of a very extraor dinary nature, since it repealed the Triennial Act, which the people justly looked upon as the great security of their rights and liberties; and that if it passed this House, and the Commons agreed to it, it would, on their part, be a breach of that trust which was reposed in them by those whom they represented."

The latter part of this assertion was denied by The Duke of Kingston, who urged "That the business of the legislature was to rectify old laws, as well as to make new ones."

The Earl Poulet spoke next against the Bill, and declared, "That he would have been for it, if he thought it for the king's service and interest; but that before they went any further in After reciting the act, 6th William and so important an affair, some method should be Mary, for making parliaments Triennial, the pre-used to know the sentiments of the nation. His amble of the bill goes on thus, " And whereas, lordship urged, That this Bill shewed a distrust it hath been found by experience, that the said of the affections of the people, without which, clause hath proved very grievous and burthen- no king can be either safe or easy: that king some, by occasioning much greater and more William gained the hearts of his subjects by continued expences, in order to elections of the Trieunial Act; and it would look somemembers to serve in parliament, and more vio- what strange, that the most popular of our laws lent and lasting heats and animosities among should be repealed a year after the Protestant the subjects of this realm, than were ever Succession took place. After this, he endeaknown, before the said clause was enacted; and voured to answer what was suggested in supthe said provision, if it should continue, may port of this bill, viz. 1st, That frequent elecprobably at this juncture, when a restless and tions occasion ruinous expences; 2dly, That Popish faction are designing and endeavouring they raise a great ferment, and foment animo. to renew the rebellion within this kingdom, and sities which are of the most dangerous consean invasion from abroad, be destructive to the quence, after the late rebellion; and Sdly, that peace and security of the government: Be it they obstruct foreign alliances. He said, That enacted, that this present parliament, and all no stress ought to be laid on the first of those parliaments that shall at any time hereafter be called, assembled or held, shall and may respectively have continuance for years, and no longer, to be accounted from the day on which, by the writ of summons, this present parliament hath been, or any future parliaments shall be appointed to meet, unless this present, or any such parliament hereafter to be summoned, shall be sooner dissolved by his majesty, his heirs or successors."

"Whitehall, April 10, 1716. The Septennial Bill was this day brought into the House of Lords by the duke of Devonshire, seconded by lord Rockingham, and there appeared but little spirit or power to oppose it. When this is passed, we may perhaps be able to speak in a more peremptory manner to France, than we have done yet." Lord Townshend to Horace Walpole, Coxe's Walpole.