little farther: I would lay aside the whole Clause, and represent to the king the condition of the princess. The duchess of Cleveland had a pension on the Excise; I told her, It could not be, for it was contrary to law, and she must go to the Exchequer.' I never made up any Account from the Excise but to the Exchequer, neither can I. Our necessities are beyond expression. I cannot answer it, but to lay aside this Clause, and go to the king, &c.

Sir Robert Cotton. This debate is, as if 20 or 30,000l. would save, or lose, the kingdom. The duke of Schomberg was taken notice of in particular, and had 20,000l. paid him, for his great generosity in coming over. King James withdrew the princess's exhibition for some time, and now it would be hard to lessen it.

Mr. Hampden, jun. For want of union in royal families, ill men have made use of it, and have either ruined, or given a great shake to them. There was a good understanding betwixt Lewis 13, and his brother, the duke of Orleans, who had a great appanage: one abbot Rivier was about the duke of Orleans; what use made they of this? It proved the effusion of a great deal of blood in France. This king of France (a great politician) never gave his brother such a revenue, but a dependent revenue; and he has lived well and easily with him, but dependent upon him. I know no other way, but to compare the past with the present. We know how in England the contest was kept up between the houses of York and Lancaster. The princess has contributed very much to this Revolution; therefore I would put no difference in the royal family. There was a motion, That the queen might have 100,000l. per ann. distinct from the king;' but the queen was willing to be without it. This queen's revenue is anticipated, and yet she sits still without this. The duke of Schomberg had a considerable sum given him, and do you think that the king and the queen will not have more affection for their sister, than for duke Schomberg? I would lay aside the Clause.

Mr. Solicitor Somers. The proviso is of two parts; one to confirm letters patent, and the other for an additional Revenue for the princess. It is said, 'It was never the intention of the house that the letters patent should be declared good, and, therefore, not to be considered.' If they were not referred to the committee, no notice can be taken of them. I have heard of an attaint, and men never answered to it, condemned unheard, and so of patents: I have heard the patents read, and, I believe, if they had been settled in the name of another man, they would have been much more for their advantage and satisfaction. Therefore that is one reason why I would not read them. It has been said, 'We are not to ask the king's mind what to do here;' but if any man take upon him to say, 'It is the king's mind,' we ought to enquire whether it be true. We have Messages from the king on other occasions, and why not on this? In the

case of the duke of York's Grant, &c. there was a contract brought into the house betwixt the king and the duke. No man can more honour the prince and princess, or is more highly sensible of her quitting her king, and father, than I, when I consider she had heard so much of divine right from the clergy. Granting a revenue, by act of parliament, to a subject, is always dangerous in this house. Though that of the king and the duke was a contract expressly recited, Such letters patent as the king should hereafter grant;' yet it gave power in the act, to the king, to make that settlement; and I hope, it will be always done with the same security to the king, and satisfaction to the people. Here is a necessity of providing for the royal family. The crown has always taken care of the several branches of it, by offices, &c. and nothing can make all the royal branches depend upon the royal family more. The king must retrench, and so large a proportion to one of the royal family! I hope the princess may have many dukes, a large and a numerous issue, and that a revenue may be provided for them; but for so large a revenue to be granted now, by the precedent of the duke of York, is of dangerous consequence, and was the beginning of our miseries that we afterwards felt.

Sir Edw. Seymour. I wonder now, and it is matter of surprize to me, not to agree with the committee. The objection is, the irregularity of the Proviso; I say it is regular, and, if it was otherwise, it is irregular. How can we provide for the princess, and leave the patent doubtful? It is objected, 'It was never known that a patent was confirmed, and never read;' it was offered to be read, and now made use of as if he had an act of parliament for it, and it tumbled down the stairs. If you will lay the act of parliament, in the excise, a good payment, without the exchequer, it is good, and they dare not deny the payment. Having gone thus far, I have one argument, that if those who have done and suffered so much for the Protestant Religion, shall not have marks of your favour, I hope they shall of your justice.

Mr. Hampden, jun. I think, Seymour has spent so much time in the West, [He had been long absent] and as Speaker of the house, that he has not had time to read history.

Sir Edw. Seymour. At least, I hope to make better use of what I have read than that gen

tleman.

Mr. Finch. If the duke of York, the heir presumptive of the crown, engaged in an interest against the kingdom, should have such a Grant; sure that has greater force when persons support your laws and liberties. Which way should this Proviso have been brought in? Will you include or exclude these patents? If you exclude the patent, you must mention the patent. It was said, If they are not good, you ought to make them good by law;' and I desire this law may do it. It is said to be of dangerous consequence to provide for the

497] PARL. HISTORY, 1 WILLIAM & MARY, 1689.-Grant to Princess Anne.

king's children; if the parliament will not, and the king cannot, how shall they be provided for?

Mr. Hawles. When Charles 5, in his will, gave great portions to his children, cardinal Guimeni said, If you provide thus, your son may set up for himself."

Mr. Godolphin. I am for agreeing to the Proviso. It is said,This is not agreeable to your order.' By rule, when you grant Money you are to go into a committee of the whole house; and that is an objection against the whole bill. The method proposed the last session was part of the Revenue for life, and part for years: : I am sorry that was not then complied with, which will be looked on oddly abroad by your allies; will they be with you for your revenue for a year, and no longer? The greatest part of disturbance is usually for persons not at their ease let the princess be at ease. I believe, the king will not give so great a sum as this, but at the recommendation of this house.

Mr. Attorney Treby. I would leave this to I find farther consideration, and recommit it. gentlemen, in the fashion, making confession of their faith. When the rights of monarchy are invaded, and the rights of the people, I think not fit for this company-If I call the princess's virtues apostolical, I am not amiss. She left her father, her beloved mother, and dear half-brother, for the Protestant religion. This may tend to lay a foundation of distrust between the king and the princess, and then that shakes what we must all be safe in. Under colour of a year's Revenue, by this you bring in a clause of perpetuity. I think the patent not invalidated by leaving out this clause.

What is orMr. Comptroller Wharton. derly is not against the order of the house, but the orders of the court!' [said by lord Falkland] I was never ordered by the court, and never will be.

Lord Falkland. I did not say, Any body was ordered by the court,' but If as agreeable to the orders of the house, as to the orders of the court, you had not had this debate.' I meant the order of the Exchequer Court:' (I never followed the orders of the court in king James's time) nor gave my consent to bring a person into that parliament, though I was promised I should be a peer of England.

[498

Hereafter, the king will take care of the princess, and pray adjourn the debate.

The Bill was recommitted on the above Clause, 190 to 127.

Dec. 18. The house went into a grand committee, on the recommitment of the Bill for the Revenue.

Col. Birch. I conceive you have order to debate, or lay aside, the whole Clause relating to the princess. I think it is far better to debate the whole Clause; it will prevent loss of time and misunderstanding-There may be honour to the princess, and no benefit. Let gentlemen consider the scope of the debate yesterday, viz. That it may be with honour to the king, and a noble subsistence for the princess.' I would rather lay it aside, or make an humble Address to the king, that her Arrears may be paid, and a continuation of her Pension.

Sir Christ. Musgrave. I think Birch has misled you; to debate it paragraph by paragraph, is the usual method: two have relation to one another, the others are distinct, and have none. Debates more regular if they are kept to the strict proposition: for that which relates to other Patents, it does not strengthen them, but rather weakens them, this patent being directly named, and no more confirmed. In private bills, you admit of saving rights, and much more should in this.

Sir Wm. L. Gower. I move, that you will confirm the patent, in consideration of the Treaty between the two crowns of England and Denmark, for provision of younger childrea. Here is but 30,000l. per aun. on this consideration.

The duke of Schomberg is general, and general of the ordnance, the best places in England: I grudge them not the duke; but shall we not confirm, now we have 10,000 Danes sent over to fight for us? I would know whether it was agreed, that this patent should be confirmed by act of parliament? I suppose, when the Articles of Marriage were made, they intended to rely upon the king and the patent; and, I think, it is as much reason now to do it, and they may have as good effect of it. It cannot be supposed hut that the princess may have better effect of this patent, now she is of the same religion with her sister, than when she was of a different reliconsidergion from her father. When you settle the king's Revenue, it will be the proper ation, that she have subsistence for a year. I Mr. Godolphin. It is slyly insinuated by desire that it may run plain, free, and clear, Treby, as if I was one for taking away char-that it may last no longer than that term; it is in proportion, what you intend for either king ters: but to condemn a person whom the paror queen. I move, That you will order the liament have voted innocent ! committee to draw up a Clause, or by Address to the king, that this Allowance to the princess may be free and clear, in such proportion, as large as it can go, for this year, the condition of the kingdom considered.'

not.

Mr. Attorney Treby. I was so far from having him in my thoughts, that I heard him As to lord Russel, if my lord was here, he would declare I had lord Russel's case; and I had lord Russel's case, and his counsel's consent for what I did.

Mr. Garroway. If it were possible, I would have no question. The king will hear what we do. I fear, a question may make divisions. VOL. V.

Sir Christ. Musgrave. I am not for putting the patent in better condition than it was before, nor worse: if it be the same as it was before, I am not against it,

2 K

Mr. Garroway. I am one of those that would have the patent no better, and no worse. I desire only a saving the patent, and I shall offer some words to it, viz. That the patent remain in as full force as it was before, notwithstanding this Act.'

when it is recommitted, it is as when first brought to the committee. After all of it is gone over, gentlemen may present a Clause.

Sir Christ. Musgrave. I think you have nothing committed to you but the Clause. I move, to have it postponed.

Sir W. L. Gower.

Sir Tho. Clarges. Since the Treasury may Sir Tho. Lee. I will only justify point of be streightened by this Proviso, as it is appre- order. Why was it recommitted? It was, hended, I do not believe this Revenue was in because it went farther than the house ordered. the crown in 1688; and, since it is said not to Sir Wm. Williams. The Clause provides be in the Treaty, I hope they may provide for more for the princess, than the king; therefore themselves by proviso, as in private acts. I would lay it aside. These are letters patent upon valuable consiI offer these words to derations. I know, a clause in an act of par- the Clause, That whereas the prince and liament may take away the benefit of any princess have been highly instrumental in this great seal-These patents are said to be a happy Revolution, the sum of **** be given perpetuity,' and, I think, this Clause offered is them, &c.' a reasonable clause. Though the king has taken great care of the princess, yet others have not; she has not yet had Michaelmas quarter; and now it is within ten days of Christmas.

Mr. Sacheverell. I am surprized at what I heard this morning. Here are words offered neither to confirm nor invalidate the patent. It is said by another, He would confirm the patent,' but that is more than you intend ; therefore it is necessary to know the next Clause, what this is, that gentlemen talk of a saving. If there be a good title to these patents, I cannot agree to confirming them, and there is no need of that nor the other. Let us know whether we shall confirm, or not confirm them.

Sir Henry Goodricke. I am against the salvo of Marriage-consideration, but if to be left in the state you found it in, what is the meaning of the saving? There is something in the grass. There are certain persons put in trustees for this patent, that are under illegal capacities, not qualified by the Test. There is one that is abroad (lord Sunderland) especially; will you put them in a capacity of this trust? I am not willing they should be taken notice of. I discover more; if this contract of marriage be allowed by you, every prince that treats marriage with you, will have it, as at Paris, registered in the court of parliament. By this, you will put the crown upon hardships.

Mr. Finch. I perceive, it is every body's opinion to do no advantage nor disadvantage to the patents. All men are of opinion that this Clause will do no hurt. If any of these trustees are in an incapacity, the others being not, you confirm such only as are capable by law. If trustees are attainted, it voids their trust, but it invalidates not the rest.

Sir Wm. Williams. I am clearly for saving the right of the Patents and let them stand or fall upon their own bottom. There may be a jealousy, but, I suppose, the design is, that the collection of the Revenue shall not hinder the Patent from its vigour and strength. I would postpone this Clause.

Sir Tho. Lee. According to the true rules of Order, you are out of the way. I take it,

Sir Tho. Lee. I think an Address to the king as strong as any thing you have had proposed, but to enact this Clause is not leaving it to the king; he must do it, or part with the Bill. In the case of the duke of York, that was mentioned, the commons did not grant it to him, but desired the king to confirm such letters patent. Pray look over that grant, and make it so, as that the king makes the grant. Mr. Garroway. I would have the Clause run in this Bill, That the king would order so much Money as we shall name in this house;' such a clause, I think, as obligatory as an enacting clause. Again, I would name a sum that the prince and princess may have so much for this year, that the king be enabled to appoint that sum you shall name, by quarterly payments.

Mr. Comptroller Wharton. I am sorry for the debates and heats yesterday; I feared an ill consequence, but, I hope, there will be none to-day. As for the motion I made, I had not been at the court of exchequer, nor the court at Kensington, for it, but I heard the king say, He would be content that the prince and princess should have an allowance for their subsistence:' and I move for an Address accordingly. I have no orders to propose it, but, as from myself, I move, That they may have the addition of 20,000l. per ann.'

Resolved, "That an humble Address be made to his majesty, that he will be pleased to make a Provision for the prince and princess Anne of Denmark, of 50,000l. in the whole, for the year, beginning at Christmas next." Which was agreed to by the house.

"The Tories, who found themselves outnumbered by the Whigs, and who had as yet no great reason to expect, that the king would, on any terms, consent to turn the scale in their favour, made their court on all occasions to the princess of Denmark, and her favourite the countess of Marlborough; and at this crisis, in particular, resolved to give the nation another public proof of their seeming attachment to her interests. They had, in the former session, been the first movers for settling a Revenue on her highness for life, independent of the crown, and had so far prevailed, in the general com

The King's Answer to the Address relating to Commissary Shales.] Dec. 20. Mr. Hampden informed the house, that in answer to their Address relating to the bringing over commissary Shales from Ireland, his majesty was pleased to acquaint them, That he had sent some orders of that kind; and had commanded him to attend lord Shrewsbury to be satisfied therein. Which he had done, and had seen the Letter sent to the duke of Schomberg: which imported, That the said Shales should be sent over in custody, if the duke did not find it necessary before he came, to make up his Accounts. And, that if his majesty had not given orders for his Papers, it should be done.

:

Address on the State of the Nation.] Dec. 21. Mr. Hampden reported, from the committee, the following Address :

"We your majesty's most dutiful subjects, the commons, in parliament assembled, having seriously taken into our consideration the State of the Nation, and being deeply sensible of the ill conduct of public Affairs, and the unhappy success of them, as well in reference to Ireland, as to your majesty's Armies and Feet, do think ourselves obliged, in duty to your majesty, and in discharge of the trust reposed in us by those we represent, most humbly to lay before your majesty the (inexpressible) wrong that hath been done to your majesty, and your people, and the present imminent danger of this kingdom, and of all your majesty's Protesmittee, that 40,000l. was named and agreed to tant subjects, from the want of ability or intefor that use but it was postponed on the re-grity in those who have had the direction of the port, and in the end, defeated by the adjourn- said affairs, and by whose advice not only the ment of the session. The same intrigue was now resumed: the princess's Friends, namely were convinced, that the princess had already the lord and lady Marlborough, could not bear made sure of a formidable party there; for soto think, that she should depend on the king's vereigns never stoop to such expedients, till all generosity, which, it seems, they had no opi- others have been found unsuccessful: instead nion of, and therefore made a general muster therefore of making the princess popular, by of all who were willing to be adventurers in rendering her the object of public pity, as the her service. No affair of this nature can long opposing her whole demand would scarce have be a secret: the court had soon intimation of failed of doing, they compounded the matter it, were alarmed, and endeavoured to stifle the with her partisans: the latter demanded bomb, before it should have time to burst. 70,000l. a year, and the former offered 50,000/; Lady Marlborough was attacked on all sides, which was at last accepted, rather than have and in all manners; threatened with ruin; any farther struggle, (says the duchess of Marlwheedled with promises of favour; and, at last, borough) considering the great power and intold, that, instead of serving, she would undo, fluence of the crown, by reason of its depenthe princess: that she (the princess) could not | dants.' But though this compromise was the hope to carry her point; and, if she did not, effect of private cabals, it seemed, withoutthe king would not think himself obliged to do doors, to be the effect of fair and open delibeany thing for her, &c. Her ladyship, however, rations: lord Eland, (the only son of the marcontinued immoveable, and, instead of giving quis of Halifax) Mr. Finch, and Mr. Godolover her pursuits, doubled and redoubled all her phin, stickled in the house for 70,000l. and efforts to render it successful. Finding her thus others, among whom was the younger Hampfirm, a new expedient was put in practice: the den, insisted, That it was dangerous to settle duke of Shrewsbury was sent to make her high- any Revenue on a princess who had so near ness an offer of 50,000l. a year, if she would de-a claim to the crown, independently of the sist from soliciting the settlement by parliament, king, whose very title was disputed by the maland undertook of himself to be a sort of gua- contents: upon the result of all, it was resolved, rantee for his majesty's performance, by say- That an humble Address be presented to his ing, That he was confident he would keep his majesty, that he would be pleased to make word; and that, if he did not, he would not a provision for the prince and princess of Denserve him an hour after he broke it. This mark of 50,000l. in the whole, in the year, bemessage, also, was brought to lady Marlbo-ginning at Christmas next.' And such an Adrough, and as she had declared herself dissatisfied with it, and even insinuated, that his majesty's promise was not to be depended on, it may be fairly presumed, that when she reported it to the princess, she prevailed with her to return the following answer: That she could not think herself in the wrong to desire a security for what was to support her; and that the business was now gone so far, that she thought it reasonable to see what her Friends could do for her.' This was peremptory; and all that the king and his ministers had now to do was, to manage the matter as well as possible in the house of commons: now it is reasonable to think, that, before this message was sent, both

dress was accordingly presented by the whole house; to which his majesty was pleased to answer, Gentlemen, whatsoever comes from the house of commons is so agreeable to me, and particularly this Address, that I shall do what you desire of me.' It is however acknowledged on all hands, that the consequence of this struggle, was a breach between the two royal sisters, which never was made up: and it is observable, that the queen's particular complaint, mentioned by Burnet, namely, That such a motion should be made before the princess had tried, in a private way, what the king intended to assign her, has never been answered." Ralph.

6

in many streights, and this Address is to remove suspected persons. I have not seen much success from addresses this session, especially when we addressed to know who recommended Shales, and the king cannot possibly give you an Auswer.' This must be answered with another question; Who they are you suspect? Partly on one side, and partly on another, and a moderate party suspects them both. If you would remove all the fat and the lean, all fair and brown, then I shall know who you. mean. All that were for king James, and all that are for himself, that those should be forced out and removed-Pray let the Address lie upon the table till it falls under the table: it is the best use you can make of it.

parliament sat, and laws were executed that they made, and are laws to this day. The commons addressed, That his Confesssor might be removed quite from him;' the lords joined with them. The king answered, He knew no fault by him, but since the commons did suspect him, no man should abide in his house to the displeasure of his commons.' There were two Popes at one time, and Europe was divided upon it; the commons made a request to the king to acknowledge the AntiPope. Now I have told you this, make what use of it you please.

reducing of Ireland has been obstructed, but the treasure of this kingdom wasted, and the lives of many brave soldiers, and able seamen, lost, without any such suitable effect as might reasonably have been expected.-We cannot but reflect, with the utmost grief, upon the neglect of relieving Ireland, during the first months of your majesty's administration, when your majesty's ministers did not use such effectual means as were apparently necessary to have prevented a war in the said kingdom and, when the earl of Tyrconnel had levied forces to oppress and destroy your majesty's Protestant subjects, neither men, money, nor arms, were, for a long time, sent to enable them to defend themselves and their country; insomuch, that, without mentioning Serjeant Maynard. The prince of Orange's other particulars, several thousands of them coming in was a miracle, and that those that perished miserably in the town of London- helped him in were not destroyed. The Adderry, for want of timely succour. And when, dress about Shales came to nothing, and, as after many neglects and delays, an army was for the Money you have given, I know not appointed for Ireland, necessary provisions what is become of it. When Henry 4 came were wanting, and matters so ordered, that the in, upon Rd. 2's abdication, a parliament was endeavours of your parliament, and the Sup-in being, but the writ fell upon it; but that plies granted for that service, proved ineffectual; at the same time that many such experienced officers, as were known to be enemies to your majesty and your government, were suffered to go beyond the seas, where they entered into the late king James's service, and have, since that time, been his chief instruments for carrying on the War in Ireland.-The Miscarriages in reference to the Fleet, have been as destructive to your majesty's and your people's interest, as those in the army; many of your majesty's subjects having been ruined, and others greatly damaged in their estates, by the want of station-ships and convoys; and some Sir Tho. Lee. About a week since, you orsea-officers, whose duty it was to have convoy-dered this Address, and the house was extraored the ships of English subjects, exacted money, from merchants, and unnecessarily pressed their men; [p. 439.] by which means, trade was discouraged, your majesty's Customs diminished, and many of your loyal subjects impoverished: your majesty's Fleet was also served with unwholesome and corrupted Provisions, [p. 447.] which caused the death of many of your best seamen, and has deterred many others from the service.--It will be too tedious to multiply instances of Miscarriage and ill conduct in your majesty's affairs, through the ill advice of those who have undertaken the management of them, to which the success in all points, has been answerable.--Our remcdy, under God, consists in your majesty's wisdom, and affection to your people; which, we doubt not, will incline your majesty to hearken to the advice of us, your dutiful commons, who do most humbly beseech your majesty to take the above-said matters into your consideration; and, in your great wisdom, to examine into, and find out, the authors of Miscarriages, and to appoint affairs to be managed by persons unsuspected, and more to the safety of your majesty, and the satisfaction of your subjects."

Debate thereon] Mr. Howe. I find we are

dinarily unanimous in so great a thing; but it seems to me now that there are more doubts in it than did arise at first. All this will require some consideration who you shall fasten upon; else, you will alarm the nation at the same time. If you change your minds in this Address, it will look like coldness; it the business of the day be retarded: you will hinder that great affair. I move, "That you will adjourn this till after Christmas."

Mr. Hawles. Some charters were granted by the late king. Some were very ill trustees in the management of the Revenue; if you continue them still, you ought to see first who the persons are. We have had no effects, this parliament, of our Addresses but one, and that was against Ludlow. Many preferments have been to bishoprics; Mr. Johnson has not been preferred. If you go on, on a general Address, I doubt you will have the same success. It was said by an old gentleman, It was one of the best acts one of the present ministers ever did, to endeavour a reconciliation between king James and the prince of Orange;' I think, those that did it ought to have no preferment; and you have some in Westminster-Hall, where honest men ought to be. I would not have ill men either in West