ever the crown lay under, as to the continuance of parliaments, was in the 6th of William and Mary. Then sprang up the Triennial law, which is the subject of our present debate; and which, however well designed, was certainly an innovation, until then unheard of. So that what is now offered in this bill, is only, in some measure, to reinstate the crown in that power which it had always enjoyed. And I cannot but be surprised, that those gentlemen who have hitherto boasted themselves to be the zealous assertors of the prerogative of the crown, should of a sudden be so fond of a law which undoubt edly is a very great diminution of it. I hope I shall not be misunderstood, as if this were the only reason which induces me to approve of the present bill. No, though I shall always have a due regard to the prerogative, yet if i could imagine that this bill would prove the least detriment to the public, the least imfringement of the liberties of my fellow subjects, my vote should never flatter any crown, so far, as to revive such a prerogative. that any foreign powers will readily enter into any treaties with us, for our advantage, without some security that they shall be made effectual, as long as our government is subject to such a fluctuation, and as it were Triennial? Especially if it be considered in how shameful and how infamous a manner the grand alliance was broken; the faith of treaties violated; the credit of this nation sunk; its interests betrayed; our ancient and best allies abandoned and ill treated; new ones sought for, and caressed, with no other design, but to make us a more easy prey to the Pretender? Nay, have we not too just ground to suspect that this cause has all along been underhand supported by these very allies, the old inveterate enemies of our constitution, who are always envious of our prosperity and only wait a fair opportunity to give us fresh disturbances? And could their vigilance, their artful management, and their treasure,-joined with the unwearied endeavours of a restless faction at home, procure an election in their favour, what The design of this bill is only to enlarge the would be the consequence, but to unloose the tune for the continuance of parliaments, by doors of your prisons, to set traitors once making them Septennial instead of Triennial. more at the head of your affairs, to give them Of the law, as it now stands, we have already an opportunity of re-acting their former unhad the experience about 22 years; and what finished scenes of treachery, to make you a advantage have we gained? Has it ever tributary province to France, and for ever answered one single end for which it was complete the ruin of these kingdoms? To intended? On the contrary, has it not pro- see the British honour thus prostituted, the duced the most mischievous effects? What once arbitress of Europe thus insulted; these endless divisions has it created among neigh- things, I say, ought to raise in every British bours, friends, nay, the nearest relations? breast a just resentment of the injuries of his How has it ruined gentlemen's estates, made country. After all, I am sensible there have them not only beggars, but slaves to the very been several objections made against this bill, meanest of the people? What a scene of which carry an air of popularity with them; corruption has it every where introduced? yet which, upon examination, must appear to How has it debauched the morals of the be of no real weight. I shall take notice of nation? Even the administration of provin- but one or two of the most considerable, lest cial justice, which has always been esteemed I should trespass too far on your indulgence. It the glory of our constitution, has been in- is said, our electors chose us their representatives jected and I wish the infection may have but for three years, and that we cannot prolong reached no farther. These are some of the the term without betraying that trust which they fatal consequences we have already expe- have reposed in us. In answer to which I rienced by this Triennial Law: and those must desire gentlemen to consider the nature of alone, in my humble opinion, would be suffi- the writs of summons, and the returns to them: cient reasons for the alteration of it. How is it not to consult de rebus arduis regni?" ever, let us consider the present circumstances and that they should have plenam et suffiof our affairs. In order to it, let us a little look cientem potestatem pro se et communitate back to the original of our misfortunes: and are 'comitatus prædicti, et prædictorum civium they not owing to that unreasonable cry ofet burgorum, divisim ab ipsis, ad facienduma the danger of the church, under the specious pretence of supporting the church of England, though manifestly in favour of that of Rome? That unhappy delusion, which has been so in-maneant? Nay, may not the same objection dustriously, so maliciously spread, and so fatally indulged! Let us consider that unnatural, unprovoked rebellion, which has so lately raged among us; and that sullen, groundless spirit of discontent which still lies murmuring in so many traiterous breasts. And notwithstanding that indifference, nay contempt, with which I hear the argument of our alliances treated by some gentlemen, I must own I cannot but think there ought to be a good deal of stress laid upon it: for how can we imagine, quod de communi consilio ordinari contigerit in præmissis :¡Ita quod pro defectu hujusmodi potestatis negotia prædicta infecta non re be made against repealing or altering any law in force at the time of an election, and consequently defeat the very end for which a parliainent is chosen? And I should be glad to know what particular authority they were invested with, who made the Triennial Law, which was certainly a great alteration of the constitution? There is another thing which I find is very much insisted on, and that is, supposing this bill were reasonable, yet why now? Because it is how there is the most occasion for it. Are we not every day threatened with new insurrections, new invasions? And is it not the prospect of success at the next election, however ill-grounded, which still keeps alive the spirit of Jacobitism? No wonder then there are such clamours raised without doors against this bill, by the enemies to our government, as well knowing that this must prove its best security; that it effectually defeat their measures; that it must strike at the very foundation of all their traiterous designs; and for ever blast the Pretender's hopes of rekindling the flames of rebellion. In short I am so entirely convinced not only of the reasonableness, but of the absolute necessity of this bill, in order to put an end to our unhappy divisions, to stop that raging deluge of corruption which is so universally spread throughout the whole nation, to make the crown sit easy on his majesty's head, and perpetuate the protestant succession in his royal family; and at the same time, that it is no ways prejudicial to the rights and liberties of the subjects of Great Britain; that how ill soever a recommendation it may be to any future election, if I can have but the pleasure to see my country secured, to see these blessings fixed upon a solid and lasting foundation, and if I can have but the honour to contribute the least share towards so glorious a work, my ambition will be sufficiently rewarded, though I should, by this day's vote, for ever after be excluded a place in this House. Lord Guernsey having in the course of this debate, asserted, That if a man did not fall into all the measures of the ministry, and lap with them like the men of Gideon, he was immediately brow-beaten. Mr. Boscawen answered, That that honourable member was of another opinion not many weeks before; so that what he now said must proceed either from resentment or disappointment. Sir John Brownlow said, That for his own part, he neither expected nor looked for a place: that he would not have been for this bill during the last ministry, because he was sure they would have made an ill use of it, but that he was for it now, because he was satisfied the present ministers would not abuse it. Upon the whole matter the question being put, That the bill do pass, it was carried in the affirmative by 264 votes against 121; and Mr. Hampden was ordered to carry the bill back to the Lords. Bill relating to High Treason thrown out by the Commons. May 2. The Lords having sent down to the Commons a bill, intitled, An act for allowing of counsel to all persons who shall be proceeded against in parliament for any crimes of Treason, or Misprision of Treason' to which they desired the concurrence of the Commons, the said Bill was read the first time; and after some debate, the question being put, that it be read a second time, it passed in the negative. By this bill counsel for prisoners, in cases of High Treason, were to be permitted to speak to matters of fact as well as points of law. The Act for restraining the King from going out of the Kingdom, repealed.] The king hav ing resolved to visit his German dominions; and by the Act of Settlement his majesty being restrained from going out of the kingdom, without consent of parliament, a motion was made by sir John Cope, and seconded by Mr. Hampden, for bringing in a Bill to repeal that clause of the said Act; which bill was accordingly brought in nem. con. and past into a law. Proceedings respecting the unusual Liberty allowed to Persons committed to the Custody of the Serjeant at Arms.] May 31. Mr. Cholinley reported from the committee, who were appointed by the House of Commons to inquire into the causes of the unusual liberty that has been allowed of late to Persons committed to the Custody of the Serjeant at Arms; whereby they have had opportunity to make their es capes, the matter, as it appeared to the Committee; which he read in his place, and after * "Before the king went abroad, he made the following creations and promotions: Themas, lord Coningsby, of the kingdom of Ire land, baron Coningsby, of Coningsby, in the county of Lincoln; Sir Richard Onslow, baron Onslow, of Onslow, in the county of Salop; Thomas Newport, baron of Torrington, in the county of Devon; William Cadogan, baron of Reading, in the county of Berks; and sir Robert Marsham, baron of Romney, in the county of Kent; viscount Castleton in Ireland, viscount Castleton in England; sir Henry St. John, viscount St. John; George, lord Newburg, of Ireland, lord Newburg, of Anglesey, in Wales; Mr. Edgecombe was made one of the lords of the treasury; Mr. Methuen, one of his majesty's principal secretaries of state; and Mr. Hampden, one of the tellers of the exchequer. Mr. baron Bury was declared lord chief-baron of the exchequer, in the room of sir Samuel Dodd." Tindal. "When the motion was made by sir John Cope, to repeal the restricting clause, and seconded by Hampden, it passed unanimously, dissatisfied with the succession of the Hanover not a single member, amongst many who were line, venturing to make the slightest opposition to the repeal of a clause, which, however conformable to the hopes of the nation, could not but be considered as invidious and disgraceful to the new sovereign. The ministers were often obliged to make the most pressing remonstrances, as well to prevent the absence of the king, as to hasten his return; these remonstrances were often ineffectual, but always of fensive; and Walpole, during the course of his administration, lamented an evil which he had in vain attempted to remedy, and which nothing but the continuance of the restraining clause, or an absolute cession of the electorate could have prevented." Coxe's Walpole. wards delivered in at the clerk's table: Where the same was read; and is as follows; viz. That the Committee have examined several witnesses; and find the fact as follows; viz. "Mr. Nicholas Ryal said, That soon after the Revolution, 1688, he was a deputy to Mr. Topham, then Serjeant at Arms of the House of Commons; and so continued till the time of his death; and that he took several persons into custody during that time: That Mr. Topham was a housekeeper in Bartlett's buildings; where he kept four or five prisoners in custody at a time; and when he had not room at home, he used to send them to one of his messengers houses, and not otherwise; and that the prisoners never went abroad without leave of the bouse, except in the case of two maltmen, who were great dealers, and committed upon the complaint of sir William Whitlock, a member of this house; and then the Speaker, upon their application to him, gave them leave to go out about their business; but Ryal always went with them, and they returned the same night in custody: custody the two succeeding sessions of parliament; upon the last of which orders he surrendered himself, and has ever since been in town ready to appear when sent for; though he never was confined to close custody: "That Mr. Walter Price, an attorney, gave the Serjeant his word for the said Waller's forthcoming; which was all the security the Serjeant had; who sent three several times into Wales to take him, and received, for charges and fees, about 601. by way of composition; of which he might get about 207. clear, above charges, as he believes : "That Mr. Robert Parker was, upon the 4th of April 1715, ordered into custody for a breach of the privilege, against Mr. Cholmley; and he surrendered himself into custody of Tho, Gregory, one of the messengers; who, being a poor man, and no housekeeper, put him into a friend's house of his, whose name the Serjeant never knew; the said Gregory telling him, That his prisoner should be forthcoming at any time, upon demand, as the housekeeper, the said Gregory's friend, had promised him that the serjeant received his caption fee of 31. 6s. 8d.; and was promised that it should be made up a greater sum, when the matter was over: and that this was all the security he had from Parker; who is run away. "Mr. Ryal further said, That sir John Parsons, alderman Sturt, and Mr. Fane, commissioners of the victualling, being ordered into custody; upon their petition to the House of Commons, leave was given them to be confined at their own houses, which were within the bounds of the Victualling-office; and that Ryal lay at one of their houses every night, and, every morning, reported to the Serjeant, That he had seen his prisoners: and, except in the instances above-jeant mentioned, he knew of no other enlargement to the confinement of any other persons in custody. "Daniel Kingham said, He was a messen ger in the Convention Parliament, under Mr. Topham; who kept his prisoners at home, and never let them go abroad without a mes senger. "John Holingshead said, That he was a messenger under Mr. Serjeant Topham, about 27 years ago, when he lived in Bartlett's Buildings: that Mr. Topham used to order his prisoners to a messenger's house; but does not know he ever gave liberty for any to go abroad without a messenger to attend them; and cannot remember, that Mr. Topham ever kept any prisoners at his own house, in his time, except Mr. Grahme and Burton, "John Cor said, He was a messenger under the late Serjeant Powel; and that Mr. Mason, now a member of this House, was committed to his custody; but that he never went abroad without Cox to attend him.” That Mr. Serjeant Wiburgh, being examined by the said Committee, touching the matters aforesaid, gave the following Answer; viz. "That Mr. Wm. Waller was, by this House, ordered into his custody, on the 24th of May 1714, for a breach of privilege, committed against Edward Vaughan, esq. and the said Waller standing out in contempt of the House, upon fresh application, he was ordered into : "That on the 24th of May 1715, Joseph Calton mayor of Hertford, was ordered into custody for a breach of privilege; but the Ser did not send for him, by reason that Mr. Cæsar and Mr. Gulston promised, that he should surrender himself; which he accordingly did in two or three days; and that he never kept him in custody; but Hollingshead the messenger had the care of him; though, by the Serjeant's approbation, Calton was not kept in custody at Hollingshead's house; nor does he know where he was kept for ten months after his commitment; but that Moffett one of his messengers, has now the care of him; but knows not where he is kept: and the Ser jeant said, he received 33 guineas upon Calton's account; and believes Holingshead had 10 guineas; and believes that the money was Mr. Cæsar's; but gave a receipt in Calton's name. "Robert Moffet, being examined, said, he never had Mr. Calton in his custody. That the Serjeant being asked, what was become of one Berrington, a printer, ordered into custody, the 1st of July 1715; he said, that Berrington surrendered himself soon after the order, and was committed to the care of Moffet the messenger; but upon Mr. Gawen Mason's promising, that he should be forthcoming, he gave him his liberty; and does not know where he now is: That he received 20 guineas of Berrington; but returned two guineas back again by reason of his poverty: Moffet said, the Serjeant gave Berrington leave to go home: and the Serjeant further said, That he was no housekeeper, and never kept in close confinement any persons committed to his custody." And a motion being made, and the question being proposed, "That Tho. Wyberg, Serjeant at Arms, attending this House, having by unwarrantable and corrupt practices, permitted divers persons, committed to his custody for notorious contempts of the Privileges of this House, and other great offences, to have their liberty, and discharge, without any order of the House for such discharge, or any leave from the Speaker for such liberty, hath thereby render ed ineffectual the just censures of this House, and has been guilty of a great breach of trust in the execution of his office." And the previous question being put, That that question be now put; it was resolved in the affirmative. Then the main question being put; it was resolved in the affirmative. Ordered, That the further consideration of the said Report be adjourned until Tuesday, the 5th of June. June 5. The House proceeded to take into further consideration the Report from the said committee. A Petition of Tho. Wiberg, Sergeant at arms, was presented to the House, and read; setting forth, "That the Petitioner is most heartily sorry for having incurred the censure of this House, for having unwarrantably discharged some prisoners, committed to his custody; and permitted others to have their liberty, without any authority for that purpose: which censure the petitioner doth most humbly acknowledge to be just, in the manner your honours have been pleased to pass the same; and in mitigation of his said offence, humbly begs leave to offer to your honours, That the lenity, which he was informed, his predecessors had used to persons ordered into their custody, led him into these fatal errors; but the petitioner humbly assures your honours, that the just sense he now hath of his said misbehaviour, hath wrought in him a most sincere resolution to behave him self as he ought for the future: and praying, That, in compassion to the petitioner's circumstances, your honours will forbear any further resentinent against him: and humbly begging pardon; and throws himself on the mercy and goodness of this honourable House."-Ordered, That the said Petition do lie upon the table. Ordered, 1. "That Mr. William Waller, who was committed to the custody of the Serjeant at Arms for a breach of the privilege of this House, committed against Edward Vaughan, esq. a member of this House, and who was unduly discharged out of custody by the said Serjeant, be committed a prisoner to the Gatehouse. 2. That Joseph Calton, mayor of Hertford, who was committed to the custody of the Serjeant at Arms, for a breach of the privilege of this House, in making an undue return of burgesses to serve in this present parliament for the borough of Hertford, and who was unduly discharged out of custody by the said Serjeant, be committed a prisoner to the Gatehouse. 3. That E. Berrington, a Popish printer, who was committed to the custody of the Serjeant at Arms, for printing a false, scandalous, and traiterous libel, intituled, "The Evening Post, from Tuesday, June 28th, to Thursday June 30th, 1715,' highly reflecting on his majesty, and both Houses of Parliament, and who was unduly discharged out of custody by the said Serjeant, be committed a prisoner to the Gatehouse. 4. That Robert Parker, who was committed to the custody of the Serjeant at Arms, for a breach of the privilege of this House, committed against Hugh Cholmly, esq. a member of this House, and who has escaped out of custody, be committed a prisoner to the Gatehouse. 5. That Mr. Speaker do issue his warrants for the commitments of the said William Waller, Joseph Calton, E. Berrington, and Robert Parker, accordingly." The Commons' Replication to the Earl of Strafford's Answer.] June 14. A message was sent from the Cominons to the Lords, by Mr. Aislabie and others: with a Replication to the earl of Strafford's Answer, put in to the Articles of Impeachment exhibited against him. (See p. 346;) which was read as follows: "The Commons have considered the Answer of Thomas earl of Strafford, to the Articles of Impeachment exhibited against him by the knights, citizens, and burgesses, in parliament assembled; and do aver their Charge against the said Thomas earl of Strafford, for high crimes and misdemeanors, to be true; and that the said earl is guilty of all and singular the Articles and Charges therein respec tively contained, in such manner as he stands impeached; and that the Commons will be ready to prove their charge against him, at such convenient time as shall be appointed for that purpose." After Mr. Aislabie was withdrawn, his Lordship complained of the dilatoriness of the Commons in bringing their Impeachment to an issue; as also that some of his accusers were to become his judges (meaning the lord Coningsby and sir Richard Onslow, two of the Committee of Secrecy, whose patents for a peerage were at that time passing) notwith standing which, he said, he did not doubt but to make his innocency appear. Protest against the Bill relating to the Forfeited Estates.] June 22. A bill from the Com mons, intitled, " An act for appointing Commissioners to enquire of the Estates of cer tain Traitors and of Popish Recusants, and of estates, given to superstitious uses, in order to raise money out of them severally for the use of the public," was read the third time; and the question being put, That the Bill do pass, was resolved in the affirmative by 44 voices against 19. Whereupon the following Lords entered their Protest. it *"As for the Serjeant at Arms, out of com passion to his circumstances, no other punishment was passed upon him,than a private intimation of disposing of his place, on the purchase of which he had laid out most of his fortune." Political State. 2. "This Bill takes away the estates of persons though innocent, and subjects them to severe penalties not to be avoided by any method agreeable to reason and justice. 3." It vests all leases for years, of persons attainted, in the crown, from the 24th of June, 1715; whereas by law such leases are not for feited but from the time of conviction; and this may overthrow the estates of innocent purchasers or mortgagees of such chattel leases, who may have bought and lent their money under the safe protection of the law. 4. "Because, by this bill, all debtors are obliged to discover the debts they owe to any person, to the commissioners, by the 24th of November, 1716, under the penalty of forfeit ing double the debt, in case the creditor happen to be attainted at any time before the 24th of June, 1718, although before the 24th of November 1716, he be neither accused nor so much as suspected; and, we conceive, no construction can be made of that clause, from any seeming inconsistency in it, to exempt it from the absurdity and injustice enacted by it. 5." Because any arguments drawn from any part of that clause, to make the rest of it good sense, were they just, yet we cannot agree to enact such a clause, which must either be not good sense or unjust. 6. " Because every person who has any claim to, or interest in any other man's estate, must make his claim before the commissioners, by June 1717, or else, if the person whose estate is subject to such claim, happens to be attained by June, 1718, though till then he be never accused nor suspected, they are for ever barred; and no construction was endeavoured to be made of this clause to excuse it from the absurdity and injustice apparent in it. 7. "The act for Irish forfeitures, being urged as a precedent for this bill, we conceive if that act were liable to the objections which this ball is, by having in it the like clauses, yet that is no good reason for the passing this; for if that parliament did a wrong and injustice, it is no argument for this parliament to do the same, lest, in process of time repeated precedents of this kind may become too hard for reason and justice. 8. "Because the general words in this bill may give occasion to the commissioners to think, and the judges to construe, that they have power to summon peers, examine them apon oath, and commit them to the common gal, which we conceive, was contrary to the sease of the House, and far from their intenton to agree to. 9. "Because this bill takes away the power from his majesty of doing the least act of charity to a starving wife and children out of VOL. VII. the forfeited estates, except a provision for the wives and daughters of the late duke of Ormonde, the late lord Mar, and the late lord Bolingbroke. "(Signed) Abingdon, Montjoy, Hay, Trevor, Compton, Gower, Strafford, Mansell, Berkeley of Stratton, Aylesford, Foley, Bathurst, Bruce." Session.] June 26. The King went to the The King's Speech at the Close of the his majesty gave the royal assent to several House of Peers, and the Commons attending, public and private Bills; after which the Lord Chancellor read the following Speech delivered into his hands by his majesty from the throne: My Lords and Gentlemen; "I cannot put an end to this session, without expressing to you my satisfaction in the proceedings of this parliament. The wholesome and necessary laws which have been passed with so much steadiness, resolution, those good ends which, it is evident, you and unánimity, will, I trust in God, answer have had in view, by defeating the designs and reducing the spirit of our enemies, by encouraging our friends, and raising the credit and reputation of the nation abroad to such a sonably expect the fruits of a settled governdegree, as that I may reament; especially being supported by a parliament zealous for the prosperity of their country, and the protestant interest of Europe. "I am confident my conduct bitherto, in suppressing the rebellion and punishing those concerned in it, has been such as demonstrates, reclaiming them, than by making examples; that I desire rather to lessen their numbers by but I am sorry to find that the numerous instances of mercy which I have shewn, have had no other effect than to encourage the faction of the Pretender, to renew their insults upon my authority, and the laws of the kingdom, and even to affect, with the greatest insolence, to distinguish themselves from ny good and faithful subjects, acting with such folly and madness, as if they intended to convince the world that they are not to be reduced to quiet and submission to my government, by such gentle methods as are most agreeable to my own inclinations. "Gentlemen of the House of Commons; "I return you, in particular, my thanks for the supplies you have given; which, although they fall short of the sums you found necessary, and have voted for the service of the whole year; yet, by the encouragement you have given to make them effectual, may, I hope, be so managed as to carry on the current service till another session of parliament. "My Lords and Gentlemen; "I am very sensible there are matters of great consequence still depending before you; but as they have hitherto been postponed, out of absolute necessity, by intervening affairs of a more pressing nature and of the most imme2 C |