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two deer that were always fighting, and a rascal deer behind a tree came upon them when weary, and beat them both. Seeing we all agree that the king shall have no hardship put upon him, certainly it will be more explanatory to him, and satisfactory to us, to add the
Sir Tho. Clarges. I think those words will make the world think we are about to alter the whole religion, the true protestant religion established by law. Perhaps the words may be plainer, but seeing so much weight laid upon them, makes me apprehend that something lies bid, that the presbyterian party, the lean deer, will take it from us both. Whilst a sort of men, that profess the protestant religion, joined with Popery lately in the Declaration, and write, and profess that the penal laws ought to be taken away, now you are making an Oath honestly and plainly, to explain it to
Mr. Ettrick. I doubt not but the opinion of the house will have great weight with the king. It would be of great consequence to represent to the king, that a majority of the house is inclinable to alter Religion; as will be implied by this Vote.
Sir Henry Goodrick. Let us not impose such a hardship upon the king, especially when we all do intend a comprehension. But how will you tie up the king? This is for the protection of the whole Protestant cause, and no particular party or class. If you put scruples into the king's mind at the first step, this will be a discouragement to him: I move therefore for the words are, or shall be established, &c.'
Mr. Howe. Has not this deer lain long enough lean in jails? Did not you promise, in the Bishops Declaration, a tenderness to the Dissenters who prayed for the Bishops in their afflictions, as their Martyrs? Shall we disoblige these people? Though I think they will never go over to king James, I hope we shall keep the king's word, and the Bishops. What can be the meaning of this scruple, and to put it into the king, and make these people desperate? Let them help to protect us; indeed we shall have need of them. If you do not add these words moved, it will be thought the king has taken an Oathi, without any consideration of what these men have suffered.
Mr. Godolphin. All our securities rest upon the king's conscientiousness. I would not put in the words, because I would not leave a doubt, if it is not in the intention of the house to alter the Religion éstablished by law. I would have tender consciences come in at the door, and not pull down the rafters of the house to come in at the roof. Those who stood to the Protestant Religion were the Bishops; those who were against it were those who managed Brent's regulation of Corporations; and I would have no countenance given to them.
due regard to the Church of England. He tells you not who put these men upon doing what they did. It is necessary for the king's honour, and the union of all Protestants, to put in these words.
The question being put, Whether the words shall remain in the Oath, to preserve the Church, &c. as it is now established by law,' it passed in the affirmative, 188 to 149.
Sir Henry Goodrick. Let us not take out two words of the Oath, to blast the king, if he will deal candidly with the Declaration, with
Estimate for the Fleet, and Extract of the Treaty with Holland.] March 26. Mr. Hampden acquainted the house, That he had received from his majesty, according to the desires of the house, in a Letter from the earl of Nottingham, one of the secretaries of state, An Account what Fleet will be necessary for this Summer's Service; also, an Extract of the Treaty between this Crown and the States of Holland, in respect to the obligations of mutual assistance: which were as followeth :
Navy-Office, 23 March, 1688-9. An Estimate of the Charges of the wages, victuals, and wear and tear, for one year, of 50 ships of war, of the second, third, fourth rates; 15 small ships, and 8 fireships (as by a List thereof apart), to be employed in the narrow Seas, and Mediterranean; and also, of one third, 19 fourth, two fifth Rates, and two fire-ships, for the plantations and convoys; according to a Project thereof herewith pre
For the Charge of 17,155 men serving in the said 65 Ships of War, and 8 fire-ships, computed at 47. each man a month, is, for one month, 68,6201.; and, for 13 months, amount to For the Charge of 4540 men serving in the said 22 ships of war, and 2 fire-ships, at 41. each man a month, is, for one month, 18,1607. and, for 18 months, amounts to - 236,080
EXTRACT of the TREATY between England and Holland, concluded at Westminster the 3rd day of March, 1677-8. "Article IV.-If his majesty, or the said States General, shall hereafter happen to be attacked, or in any sort whatsoever to be molested, in the possession and enjoyment of the states, lands, towns, places, rights, immunities, and liberty of commerce, navigation, or in any other whatsoever, which his said majesty, or the said States General do or shall have right to enjoy, either by the law of nations, or by Treaties already made, or that shall be concluded; his majesty, and the said States General, upon notice and demand of each other, shall jointly use their utmost endeavours, that such molestation and hostility may cease, and reparations be given for the wrongs or injuries that shall be done to either of the Allies.
"Article V.-And, in case that the said attack or molestation shall be followed with an
motions of this nature, that are acceptable, we are most subject to errors in the management of it. She may be in want of money, but you cannot refer money to a private committee. But if there be any way to propose, I would hear it. When the way of raising the money is found out, that is the proper time to have it moved. I remember at Oxford, when the money was granted for the duke of York, there was grumbling.
open rupture, the ally who shall not be attacked shall be obliged to come to a rupture two months after the first demand made by the ally already engaged in a rupture; during which time he shall use all his endeavours, by his ambassadors or other ministers, to mediate an equitable accommodation, between the aggressor or disturber, and the party attacked or molested: notwithstanding which, he shall, during that time, give a powerful succour to his ally, according to what shall be agreed upon, by separate Articles, between his said majesty and the said States General: which Articles, although not mentioned in the present Article, shall be kept and observed as if they were here inserted or written. And after the expiration of which term of two months it shall however remain in the choice of the ally engaged in a Sir Henry Capel. You do two great things rupture, whether he will continue to enjoy the in taking care for this Princess, of great hobenefit of that succour, in case the conjunc-nour, and virtue, and support to the Protestant ture of time and the state of his affairs shall Religion, Though there be no precedent for make him prefer it before an open rupture a private committee to consider of Money, I of his ally." would not have this debate go off without some words in your question, viz. That when the Revenue is stated, the Princess may be considered.'
Mr. Harbord. Something has been said that reflects upon the king, as if the Princess was in want. When the king was at the Treasury, he said, he would have the Money all go for public uses.' For the Fleet, the queen Dowager, and the Princess Anne, these were the uses, and they are taken care for.
Separate Articles.-I. "The case mentioned in the 5th Article happening, the said king and his successors, and the said States General, shall be obliged to assist each other, as often as they shall be attacked or molested, as is more at large expressed in the said Article, in manner following; that is to say, his majesty of Great-Britain shall assist the States General with 10,000 foot, and the States General shall assist his majesty with 6,000 foot, well armed, under such regiments, companies, colonels, and other officers, as his said majesty, and the said States General, shall think fit, and conceive most proper for such an assistance; and likewise with 20 ships of war well equipped and provided: which succours shall be supplied and maintained at his charge who sends it to the aid of the party attacked. II. When the necessity of affairs shall make it appear, that the succours promised and settled ought to be augmented, the said king and the said States General acceptation, I shall be happy. If not, I neral shall endeavour to come to an agreement about it."
Mr. Pelham offered a Proviso to the Bill by way of Rider.--I am sorry for the heats the other day. What I offered then was, I thought, a service to the king and the Church of England, in which religion I was bred up. If this Proviso I shall now offer, shall meet with a ge
shall sit still contented. The Proviso shows, that you do not intend to prevent the king to give his consent to change any form, or ceremony, now established, so as the doctrine and discipline, &c.'
The Proviso was as follows: "Provided always, and be it hereby declared, That no Clause in this Act shall be understood so, to bind the kings or queens of this realm, as to prevent their giving their royal assent to any Bill, which shall be at any time offered by the lords and commons, assembled in parliament, for the taking away or altering any Form or Ceremony in the established Church, so as the Doctrines of the said Church, a public Liturgy, and the Episcopal Government of it, be preserved."
Sir Christ. Musgrave. There is no occasion for this Proviso. It cannot be imagined, that any Bill from hence will ever destroy the legislative power. Therefore, there being no need of this proviso, pray lay it aside.
Debate on settling a Revenue on the Princess Anne.] Sir Tho. Clarges. You cannot settle a Revenue upon any body. I remember at Oxford there was a Bill to enable the king to settle a Revenue upon the duke of York. I would have the king's Revenue inspected.
Sir Wm. Williams. There was a Revenue of 60,000l. for the duke of York settled, and the Post-Office. He had power to appoint a Post-Master General by patent; and that is a certain Revenue worth 100,000l. per ann. and the Wine Licenses. These were vested in the duke of York. There was care then taken for the maintenance of his dignity. It is fit to consider the Princess, who did more than women in their ordinary course. She forsook her father for the sake of the Protestant Religion, and ought to be made exemplary by us, and a monument for her for ever. I would Tefer it to a committee.
Mr. Hampden. I move very tenderly. In
Mr. Boscawen. I would have the Princess have the Revenue of the Post-Office, but not the Office; that ought to be in the crown, for the inspection and management of letters.
Resolved, "That, when the matter of the Revenue shall come under consideration, the house will then consider of settling a Revenue upon the Princess Anne of Denmark."
Debate on the Coronation Oath.] March 23. The Bill for establishing the Coronation Oath was read the third time.
Mr. Garroway. The other day, you accepted not of an Amendment offered, because
it was said, what was offered was implied.' | satisfy the king, only those without doors. Therefore to show a thing at this time of day, to make a question of that consequence-I would lay it aside.
Others thought not, because not expressed. The exception against this Proviso seems as if you had not power without it, by the legislative authority, to alter any thing in the Church. This Proviso puts people in hopes of grace and favour, and I would have it pass.
Sir Rob. Cotton, of Cambridgeshire. Though the Proviso looks well and healing, yet it seems to imply a defect, not able to alter laws, as occasion requires. This, instead of one scruple raises more; as if you were so bound up to the ecclesiastical government, that you cannot make any new laws without such a Proviso.
Sir George Treby. Since this Proviso is tendered, I am for retaining it. Perhaps now it is brought in, it is more necessary to retain it, than to have brought it in at first. It is agreed to be the sense of the house, that these words, &c. do not bar the king from making any alteration, &c. When you say the Protestant Religion, &c.' it must be with these ceremonies, and government, by law established. Therefore that you mean the manner and form of the government is alterable, is agreed by all. You will find, in the Preface to the Common Prayer-Book, that all Ceremonics are indifferent and alterable,' and this Proviso is, that alterable things may be altered; and no hurt done, if both houses agree. To bind up your freedom in any thing here, you yourselves would call closeting. The late king James had made me more offers than I will speak, of preferment, if I would consent to dispense with the penal laws and Test. I used all the arguments I could to dissuade him against it. He said, 'I was very stiff.' I told him ‘I would not engage to take away laws nor to keep. them, but I desired to come into the parliament with my freedom.' No man ever doubted that the king was bound by any Oath not to alter the Church Government. King Ch. 1. thought himself bound by his Coronation Oath not to alter Episcopacy, the government being in Episcopacy; and therefore this is no novelty, to raise such a scruple, which this Proviso may fully quiet, and satisfy the scruples of tender consciences, and such as know not our laws. You yourselves made an Act for declaring this a Parliament, when you were satisfied, and excepted privilege of parliament in the Habeas Corpus, &c. It is said, 'This Proviso is useless, and you will not have your ends.' This Proviso does not absolve the king from his Oath: but the Oath is part of the Act, and you explain that Oath. It is said, It shall not be understood to alter Episcopacy in the Church Government; those who love it, would be glad to see it a monarchical government of episcopacy. This will amount to no more than such alteration as the parliament has always done, and the Church has been preserved in so doing. When we are dead and gone, all these debates will be in the air, and a greater scruple remain. We have the use of words and writing, to explain our meaning; and it being agreeable to your own meaning, pray pass it.
Mr. Sacheverell I have attended the debate, and I think it does not agree with that the other day, when every body did leave the P
Sir Henry Goodrick. This Proviso is brought in with a good and sincere intention; it carries an aspect of healing our divisions. Was here any thing to invalidate any particular thing, whereby the legislative power might be restrained, I should not concern myself. We arc all of a mind, and as this is for composing and healing, and does so fully preserve the Church Doctrine, it relating to Discipline, and being only a Declaration as to Discipline, I would give it a second reading, and make it part of the Bill. Mr. Finch. I am against this Proviso, when I consider will not have the effect proposed, but quite the contrary. The Proviso comes in to help the Clause in the Oath, to maintain the Religion established by law. Now, these words established by law' hinder not the king from passing any Bill for ease of Dissenters, and when this is passed, the Oath remains. The words now are not established by law indefinitely. This Proviso makes the scruple, and gives the occasion for it. What says the Proviso? Unless it were in the king, not bound to give any consent to alter the laws, &c.' When the scruple is raised, the Proviso does not clear it. When the king has taken the Oath to maintain the Protestant Religion, as established by law,' and not as shall be cstablished,' this Proviso does not at all cure the Oath, when he has sworn to establish it, &c. That gives occasion to the scruple; and I am against the Proviso.
Sir Wm. Williams. If this Proviso improves a scruple in the king rather than removes it, I am against it; but if it clears the doubt, I am for it. When the king swears to govern according to law, if a relaxation to Dissenters, the king may do it by law. Says the king, I make a doubt, whether I do not swear to keep all the laws unrepealable;' therefore, say we, though the law be so by implication, the lawyer cannot remove any scruple; therefore is there any hurt to speak plainly? This is argumentum ed hominem, not quod hoc or hunc. We are to make the Oath explicit, without scruple. I see no manner of danger in the Proviso; it shows special regard to the Church of England. The Doctrine is not to be altered: all the Bishops in the world.cannot do it. Though they differ in circumstances, men will differ; it is lawful and necessary sometimes, that the truth may appear. I take it to be for the honour of the Church of England, to comply with any ceremony, or none. I am for the Proviso.
Sir Rob. Sawyer. This is the first Proviso of this nature that ever was in any bill. It seems to strike at the legislative power. The king has both divines and lawyers about him, who will clear him the scruple. It will create such a doubt: whatever the pretence is, it cannot VOL. V.
ceremonial part of Religion to the law, so the doctrinal part were preserved. It was for the words are, or shall be, by law established.' I did apprehend, and yet do, that point is a scrupulous matter, and may be a doubt to the king. I was one that did not see so clear as others. I cannot see why they should deny us an explication of our Oath. Learned gentlemen do doubt: I am not so learned as they, and therefore must doubt. Certainly they have some other reason than what they tell us, or else some latent sense that hereafter they may explain. The Proviso is no more than what we said, we mean by it, and they said, they meant by it, the other day. I am for it.
Sir Joseph Tredenham. I am of opinion, that all ease and favour should be shown to tender consciences, consistent with the safety of the nation, but I know not how this Proviso will answer all expectations. I cannot imagine any scruple in the king to pass this law. It is granted by all, that by law,' is meant what is in the legislative power. When the king sees this Proviso in the Act, for the Coronation Oath to bind him up without it, will it not make alterations in the government which may affect all laws?
Sir Tho. Lee. I was the other day of opinion, that the Oath might have been plainer by the other words offered; and now here is a Proviso to explain it. I am afraid the words, as penned in the Oath, do too much bind up the legislature. The Oath obliges the king to maintain the Religion established by law. The Proviso says, The king shall be always at liberty, and, by act of parliament, Ceremonies may be altered at any time.' All Oaths are taken in the sense of the imposer, which restriction is not to be exercised but in certain cases. It will, I fear, creep in, that other laws cannot be made without such a Proviso. Therefore I would lay it aside.-The Proviso was withdrawn, and the Bill passed.*
The form of the Coronation Oath is thus: Q. Will you solemnly promise and swear to govern the people of this kingdom of England, ' and the dominions thereto belonging, according to the statutes in Parliament agreed on, and the laws and customs of the same? A. 'I solemnly promise so to do.'-Q. Will you, to your power, cause law and justice in mercy to be executed in all your judgments? 4. I will.-Q. Will you, to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the Protestant Reformed Religion, as by law established? ، And will you preserve unto the Bishops and Clergy of this Realm, and to the churches 'committed to their charge, all such rights and privileges, as by law do or shall appertain unto them, or any of them? A. All this I promise to do.' Then the King or Queen, laying his or her hand upon the Gospels, shall say, "The things which I have here 'fore promised, I will perform and keep. So help me God.'
This day, the commons passed a Bill for naturalizing Prince George of Denmark.
"Nothing more strongly evinces the desire of William to abolish religious and political distinctions, than the variety of measures be devised, in order to accomplish that end, and his perseverance in prosecution of them, notwithstanding the frequent repulses and defeats he experienced. Disappointed in his plan of raising Protestant Dissenters to a capacity of civil employment, his only hope was to enlarge the pale of the Church, and to obtain such moderate aud rational concessions from her, as might subdue the scruples of the Dissenters, and allure them into her bosom. For this purpose a Bill of Union and Comprehension was introduced in the house of lords, formed upon the model of that which had been proposed to allay the heats of parties during the dependence of the Bill of Exclusion. The principle of this measure was so rational and liberal, that its enemies durst not hazard any attack or objection against it, upon the foot of argument. A preliminary question however existed, before any progress could be made in this Bill, and involved difficulties, which afforded but unpromising hopes of its success : who were the judges competent to specify those concessions, which might prudently and safely be offered upon the part of the Established Church, for the purpose of reconciling and uniting the Dissenters? An exclusion of the laity was invidious, and not only deviated from the precedents established by the Reformation, but struck at the foundation of the Protestant Religion, which appealed to the understanding of mankind at large, as qualified to decide concerning the doctrines of faith. Nor were the Clergy, if the business was committed solely to them, wedded to the faith and ceremonies of the Established Church, likely to consent to any liberal and effectual plan of union, jealous of the favour of the king, many of them waited the result of this Bill with a suspicious vigibe-lance; and it was believed, that they would not have been dissatisfied, if any innovation upon forms, or any encroachment upon their
April 1. The commons resolved nem, con. That a Committee be appointed to bring in a Bill of Comprehension.
The Address of Thanks for the king's Message relating to the Bill of Indemnity, having been presented to his majesty, sir Wm. Williams acquainted the house that his majesty was pleased to give a most gracious Answer, to the effect following: "Gentlemen, I am pleased with doing what you like; and do expect you will farther proceed to expedite the Indemnity and Oblivion which tends so much to an Union; I shall be always forward to do my part in this, and all things, that may unite my people."
Bill of Comprehension.] April 4. The house of lords entered into a Consideration of the Report of the Amendment in the Bill for uniting their majesties Protestant Subjects;* and
upon debate the question was put, Whether to agree with the Committee in leaving out the Clause about the Indifferency of the posture at receiving the Sacrament? The Votes were equal,* and therefore, according to the antient rule in the like case, it was carried in the gative. The next day the lords resumed the debate of the Report of the said Amendments, particularly of the Clause concerning a Commission to be given out by the king, to Bishops and others of the Clergy and it being proposed whether the Laity should be added, the Votes were equal on both sides, so it was likewise carried in the Negative.
interests or designs from the lay-part of the same Church; and this will be a reason, if good, why one or other of them should quit the house for fear of obstructing the business of it. 5. Because the Commission being Ne-intended for the satisfaction of Dissenters, it would be convenient that Lay-inen of different ranks, nay, perhaps of different opinions too, should be mixed in it, the better to find expedients for that end, rather than Clergymen alone of our Church, who are generally observed to have very much the same way of rea soning and thinking.-6. Because it is the most ready way to facilitate the passing the Alterations into a law, that lay-lords and commons should be joined in the commission, who may be able to satisfy both houses of the reasons upon which they were made, and thereby remove all fears and jealousies ill men may raise against the Clergy, of their endeavouring to keep up, without grounds, a distinct interest from that of the Laity, whom they so carefully exclude from being joined with them in consul tations of common concernment, that they will not have those have any part in the deliberation, who must have the greatest in determining.-7. Because such a restrained Commission lies liable to this great objection, that it might be made use of to elude repeated pro
Protest thereon.] On this occasion leave was given for any lords to enter Dissents; accordingly, these lords following do enter their Dissents in the Reasons ensuing:-1. "Because the Act itself being, as the preamble sets forth, designed for the peace of the state, the putting the Clergy into the commission, with a total exclusion of the Laity, lays this humiliation on the Laity, as if the Clergy of the Church of England were alone friends to the peace of the state, and the Laity less able, or less concerned to provide for it. 2. Because the matters to be considered being barely of human constitution, viz. the Liturgy and Ceremonies of the Church of England, which had their establishment from the king, lords spiri-mises and the present general expectation of tual and temporal, and commons, assembled in compliance with tender consciences, when the parliament, there can be no reason why the providing for it is taken out of the ordinary commissioners for altering any thing in the civil course of parliament, to be put into the hands constitution should consist only of men of one of those alone who were latest in admitting any sort of them, unless it be supposed that human need of it, and who may be thought the more reason is to be quitted in this affair, and the unfit to be the sole composers of our differences, inspiration of spiritual men to be alone de- when they are looked upon by some as parties. pended on. 3. Because, though, upon Romish -Lastly, Because, after all, this carries a danprinciples, the Clergymen have a title alone to gerous supposition with it, as if the Laity were meddle in matters of Religion, yet with us they not a part of the Church, nor had any power cannot, where the Church is acknowledged and to meddle in matters of Religion; a suppodefined to consist of Clergy and Laity; and so sition directly opposite to the Constitution both those matters of religion which fall under hu- of Church and State, which will make all alterman determination, being properly the business ations utterly impossible, unless the Clergy of the Church, belong equally to both; for in alone be allowed to have power to make laws what is of divine institution, neither Clergy in matters of Religion, since what is established nor Laity can make any alteration at all. 4. by law cannot be taken away or changed, but Because the pretending that differences and by consent of laymen in parliament, the Clergy delays may arise by mixing Lay men with Ec- themselves having no authority to meddle in clesiastics, to the frustrating the design of the this very case, in which the Laity are excluded Commission, is vain and out of doors; unless by this Vote, but what they derive from Laythose that make use of this pretence suppose hands. (Signed) Winchester, Mordaunt, J. the Clergy-part of the Church have distinct Lovelace."
authority, had furnished a pretext for making a schism in the Church. Indulgent to their prejudices, the lords agree, that the Clergy alone should judge of those articles which were to be proposed as a basis of union with Dissenters. The very day the Bill was sent to the commons, they resolved upon an Address to the king, to be drawn up in terms which anticipated the discussion of its merits, and spread an alarm of the danger of the Church." Somerville, p. 275.
Content 28, Proxy 1, in all 29. Not Content 27, Proxies 2, in all 29.
"I dissent for this and other Reasons: Because it is contrary to three Statutes made in the reign of Hen. 8 and one in Edw. 6, which empowers 32 Commissioners to alter the Canon and Ecclesiastical Laws, &c. whereof 16 to be of the Laity and 16 of the Clergy. (Signed) Stamford." April 9. The king went to the house of peers, and gave his royal assent to an Act for establishing the Coronation Oath.*
The day appointed for their majesties Coronation drawing near, his royal highness Prince George of Denmark was created baron