never did any thing that showed any regard to this house; they have frequently rejected or clogged our bills sent to them; as the Bill for regulating Elections, and spurned at the bill at the first reading. They are for the increase of their own powers, and diminishing of ours. Why did they not join in the Bill of impartial Proceedings in Parliament, &c.! I think, therefore, they have no zeal for the good of this house. Whatever is the intention of the lords, the consequences must be dishonourable to us. The bill doth certainly intrench upon the prerogative, and every true Englishman ought to keep the true balance. I am amazed that the lords could bring themselves to sending such a bill. I have read of indoctum parliamentum,' and of benedictum parliamentum,' but we, by yielding to pass this Bill, may be branded to be stultum parliamentum.' Sir John Lowther. Such a law as this, in 1640, was the ruin of the nation. They were not to be dissolved but by their own consent. It was ever esteemed the greatest prerogative, to call and dissolve parliaments; and, though the king's consent must be had, yet, in effect, it is when the people will. It is plain, the lords think you not fit company for them to sit with, and they would recommend themselves by such a law and provision. We have a good king on the throne, and may therefore certainly be happy in our ancient way and constitution. Sir Orlando Gee. I was for the bill at first, because it had a plausible title, and I would not give offence to the lords; but I doubt it will be an invasion on the prerogative. I would have the king have his rights, as well as the people theirs. What we aim at by this Bill, may as well be done another way, and more decent. I would have the house humbly address, That an end may be put to this Parliament, and that frequent parliaments after may be.' The king of France hath formerly given money for prorogation and dissolution of parliaments, and now you do it for him gratis. Our alliances may be hereby weakened, as if we were weary of giving Money. After dissolution, ill accidents may happen, to our prejudice. If a parliament had not been, at the duke of Monmouth's Invasion, it had been very hard, though no title could have been pretended. I conclude to have an Address, &c. Sir Edw. Seymour. I waited to hear if gentlemen had proposed any amendment, but none being, I must oppose the bill. I will not mention what was said in a former debate. I am no prerogative-man; that is, to set up prerogative against law; but if you take away calling and dissolving parliaments, you take away the government itself. Queen Elizabeth said, I called you hither to assist me, not to take away my prerogative.' The prerogative is as inherent in the crown, as the people's rights in them. You have brought the crown into a War; it is just now under the difficulties thereof; at this time to wrest the prerogative See vol. i. from the crown! We have given much Money; credit must support what is to come, and this for the bill will much impair such credit. Will another parliament always consider what a former has done? Nothing will more gratify the enemies of our common safety, than the passing this bill. For the Bill. Sir Wm. Strickland. I think more charitably of the lords intentions. I would know, if a person do any of us a real kindness, whether it is reasonable to examine into the intentions? Frequeat parliaments will be much better, and the ministry also will be thereby much better. Mr. Hutchinson. The best of kings was not against limiting the prerogative, as in Edw. 3's time, when the laws for annual parliaments were made. The corruption of the PensionerParliament was by long sitting. I think none can be against this bill, but such as doubt of being chosen again, and others also that are unwilling to spend money. Mr. Howe. Many scandals are upon us. 'The argument of prerogative, and the advantage we shall give to our enemies by this bill,' are words we make use of for our own sakes. We are told, That, by this bill, our credit will be lessened.' I do aver, that persons without doors thank us for it, and applaud the bill. It is said, It will weaken our Alliances: it is unreasonable but we should have some good laws for ourselves, and not respect Alliances with neglect of ourselves. I think that this bill makes us more united among ourselves. The lords were anciently called pro hac vice, but now, by some vice or other, they are always called. Lord Coke says, Before the conquest, a parliament was held twice in a year, and in Edw. 3's time, once a year, and this to redress Grievances, which every day happen.' I hope to behave myself so well as to be again sent up. Mr. Brockman. I would propose an Amendment; for, as the bill is drawn, a parliament may not be held in three years. I wonder this should be thought to intrench upon the prerogative, since the king hath declared so much in favour of parliaments. The people are so well disposed, that no danger can be of a new parliament. It is better for the king to rely on his people, than on the ministry, not excepting the present ministry. Sir John Morton. If I had thought the bill against the prerogative, I should be for casting it out, for the government hath deserved better of us than the late ones, which were for cutting our throats. Lord Castleton. Second thoughts are esteemed hest, but it is not so in sir Orlando Gee. Mr. Goodwin Wharton. I believe the bill not designed ill by the lords. I am sorry that so frequent reflections are upon the lords. I believe they thought not ill of this house, for only a good house will consent to such a bill. I have no distrust of the king, but would have it now to be gained to provide against a bad prince. The bill is to provide against two extremes; parliaments not too long, and parliaments not too frequent. I think that freedom may be used here, and, I think, that those who are against this bill are no friends to the government. Mr. Foley. Some have objected, what ill laws were made in that parliament, called "The Pensioner Parliament.' What rights of the people gave they up? By the law of Triennial Parliaments, as passed and confirmed, they, by implication, perpetuated themselves; by means whereof, the ill ministers of that time were perpetuated. I think it very fit, that, if we cannot find out our ill ministry, others should come that may find them out. Mr. Neale. It is the interest of the king that the bill pass, as well as that the subject will thereby be well pleased, since it will show them that their majesties intend to govern by law. It is objected, That it came from the lords. A good thing sometimes may come. I cannot think that passing this bill will impair our credit, as is told us, nor that it can gratify Our enemies. We are told; This is not a proper time,' but I think, that in so good a reign, such a good law is to be gained. 6 Mr. Hungerford. Except the last Clause, the bill is only declarative of the ancient law; yet, perhaps, it is not amiss, to have this present sanction of a law. In Edw. 3's time, the law for annual Parliaments was not always observed, but the people therefore were dissatisfied; insomuch that the king called one, and the bishop of St. David's, who opened the parliament, told them, That the king called them in pursuance of that law. The Triennial Act intended a new parliament every year, not a triennial sitting. A parliament that sits long, cannot be a true representative of the people of England; as in 1640, and 1660. The people of those times were of a different spirit. The king employs all sorts of persons. In a former debate on this Bill, the persons employed were some for, and some against, the bill. I am for having a new parliament, that the king may be acquainted with all his people. The Bill was ordered to be committed. The time of Dissolution was altered from January 1, to March 25, 1694, if the king pleases. The Compiler, Mr. Anchitell Grey, had the following from sir W. A. relating to the same debate. Pretty were the tricks in putting questions, but prevented by the care of the house. It was objected, That this was a good house, and that the nation would not be grieved with its continuance.' Col. Titus said, Manna, when it fell, was sweet as honey, but, if kept, bred worms. It is objected, We have good laws for frequent parliaments already. I answer, the Ten Commandments were made almost 4000 years ago, but were never kept.'The house then was troubled with Riders, but they could not get into the saddle. At the * See vol. i. first reading, when it was objected, 'That this Bill did not only retrench the king's prerogative, but might be reasonably ill taken by the king, who had done so great things for us." Mr. Harley, in reply, pulled out of his pocket the prince of Orange's Declaration, and read it to the house." The Bill was then passed 200 to 161*. Address of the Commons upon the State of Ireland.] March 10. Upon information given to the house of commons, of the ill State of Irelaud, the house ordered an Address to be drawn up; which was this day presented to his majesty, in this form: "We your majesty's most dutiful and loyal subjects the commons in parliament assembled, having taken into our serious consideration the State of your majesty's kingdom of Ireland, find ourselves obliged by our duty to your majesty, with all faithfulness and zeal to your service, to lay before your inajesty, the great Abuses and Mismanagements of the affairs of that kingdom. -By exposing your protestant subjects to the misery of free quarter, and the licentiousness of the Soldiers, to the great oppression of the people; which we conceive hath been occasioned chiefly by the want of that Pay, which we did hope we had fully provided for. By recruiting your majesty's troops with Irish papists, and such persons who were in open rebellion against you, to the great endangering and discouraging of your majesty's good and loyal protestant subjects in that kingdom. By granting Protections to the Irish papists, whereby protestants are hindered from their legal remedies, and the course of law stopt. By reversing Outlawries for High Treason against several rebels in that kingdom, not within the Articles of Limerick, to the great discontent of your protestant subjects there. By letting the forfeited Estates at under-rates, to the prejudice of your majesty's revenue. By the great Embezzlement of your majesty's Stores, in the "This bill, by which it was enacted, that a session of parliament should be held every year, a new parliament summoned every third year, and the present parliament dissolved, within a limited time, was brought in, when the Bill for Free and Impartial Proceedings in Parliament had failed. It was imagined that a bill from the lords dissolving a parliament, which struck only at the house of commons, the lords being still the same men, would upon that single account have been rejected by the commons; but they also passed it, and fixed their own Dissolution to the 25th of March in the next year, reserving to themselves another session. The king let the bill lie on the table for some time so that men's eyes and expectations were much fixed on the issue of it. But, in conclusion, he refused to pass it; so the session ended in ill humour. The rejecting a bill, though an unquestionable right of the crown, has been so seldom practised, that the two houses are apt to think it a hardship, when there is a bill denied." Tindal, The King's Speech at the Close of the Session.] March 14. The king came to the house of peers, and gave the royal assent to the Bill of Supply and to several other Bills. After which, his majesty made this Speech: "My lords and gentlemen; The large Supplies which you have given me this session, are so great testimonies of your good affections, that I take this occasion with great willingness, to return my hearty thanks to you: and I assure you, it shall be my care to see that that money you have given, may be effectually applied to such services, as may be most for the honour and interest of England. I must recommend to your care the peace and quiet of the several counties to which you are now returning; and doubt not, but by your care, the Supply, which you have so freely given, will not only be effectually levied, but with the greatest equality too, and the least uneasiness to the people that is possible. My lords and gentlemen; The posture of affairs does necessarily require my presence abroad; but I shall take care to leave such a number of troops here, as may be suffi cient for the security of the kingdom against any attempts of our enemies.-I shall add no towns and garrisons of that kingdom, left by | take great care that what is amiss shall be rethe late king James. And by the great Em- | medied."* bezzlements which have been made in the forfeited estates and goods, which might have been employed for the safety and better preservation of your majesty's kingdom. We crave leave to represent to your majesty, that the Addition to the Articles of Limerick, after the same were finally agreed to and signed, and the town thereupon surrendered, hath been a very great encouragement to the Irish papists, aud a weakening to the English interest there. Having thus, most gracious sovereign, out of our affectionate zeal to your majesty's service, with all humble submission to your great wisdom, laid before you these Abuses and Mismanagements in your kingdom of Ireland, we most humbly beseech your majesty, for redress thereof; That the soldiers may be paid their Arrears, and the country what is due to them for quarters; and that no Irish papist may | serve in your Army there. And, forasmuch as the reducing of Ireland hath been of great expence to this kingdom, we do also humbly beseech your majesty, that (according to the assurance your majesty has been pleased to give us) no Grant may be made of the forfeited Estates in Ireland, till there be an opportunity of settling that matter in parliament, in such manner as shall be thought most expedient. That the true Account of the Escheats and forfeited estates, both real and personal, and stores left by the late king James, may be laid before the commons in parliament; to the end, that the said escheats, forfeitures, and stores, and the embezzlements thereof, may be enquired into. That no Outlawries of any rebels in Ireland may be reversed, or pardons granted to them, but by the advice of your parliament; and that no protection may be granted to any Irish papist, to stop the course of justice. And as to the additional Article which opens so wide a passage to the Irish papists, to come and re-possess themselves of the estates which they had forfeited by their rebellion; we most humbly beseech your majesty, that the Articles of Limerick, with the said Addition, may be laid before your commons in parliament, that the manner of obtaining the same may be enquired into; to the end it may appear by what means the said Articles were so engaged; and to what value the estates thereby obtained do amount.--Thus, may it please your majesty, we your most dutiful and loyal subjects, do lay these matters in all humility before you; and as your majesty hath been pleased to give us such gracious assurances of your readiness to comply with us, in any thing that may tend to the peace and security of this kingdom, we doubt not of your majesty's like grace and favour to that of Ireland; in the safety and pre-lating to these matters, the commons, by a seservation whereof, this your majesty's kingdom is so much concerned." The King's Answer.] To which Address his majesty returned this Answer: "Gentlemen, I shall always have great consideration of what comes from the house of commons; and I shall VOL. V. * "By these proceedings it was plain, that an ill humour prevailed in both houses; and that the parties of Tory and Whig appeared almost in every debate, and in every question. In the house of lords particularly strong opposition was made to every thing that was proposed for the government. They past many votes, and made many addresses to the king, which were chiefly designed to load the administration, and to alicnate the king from the Dutch. Their proposition for a committee of both houses to consider the State of the Nation, and to give the king Advice upon it, was such as had never been offered, but when the nation was ready to break out into civil wars. This committee, when once begun, would have grown, in a very short time, to have been a Council of State, and soon have brought all affairs under their inspection. The commons indeed passed the Supplies, but it was with great slowness; and those, who could not oppose them, yet shewed their discontent in delaying the bills, and clogging them with unacceptable clauses. The wasteful method was continued of raising money upon remote funds, by which there lay a heavy discount on tallies; so that above a fourth part was in some of them to be discounted. However, after their complaints of the Admiralty, and of the conduct in Flanders, particularly in the action of Steinkirk, and their voting some heads of an Address re cret management, let the whole fall, and those more, but that as I shall continue to expose my own person upon all occasions, for the good and advantage of these kingdoms, so I do likewise assure you that my hearty and sincere endeavours shall never be wanting in any other kind, to make this a great and flourishing nation." And then, by his majesty's command, the parliament was prorogued to the second of May.* Huy, Charleroy, Roses, Heidelberg, &c. but nevertheless made offers of peace, at the close of the year, by the Danish minister, which were rejected. In the latter end of October, the king returned to his dominions; and within a week after put admiral Russel again at the head of the Fleet. May 2, 1693, the parliament met, and was prorogued by commission to Sept. 19: from thence to Oct. 3; from thence to Oct. 26: and from thence to Nov. 7. FIFTH SESSION OF THE SECOND PARLIAMENT The King's Speech on opening the Session.] Nov. 7, 1693. The parliament met at Westminster, when his majesty made this Speech to both houses: Promotions. During the session the king conferred upon sir J. Trevor, Speaker of the house of commons, and first Commissioner of the Great Seal, the office of Master of the Rolls, in the place of Henry Powle, esq. deceased; and about a month after, his majesty thought fit to lay aside admiral Russel, and to put the chief command of the fleet into the hands of Henry Killegrew, esq. sir Ralph De- "My lords and gentlemen; I am always laval, and sir Cloudsley Shovel, and after- glad to meet you here, and I could heartily wards to appoint George Rook, esq. to be vice wish that our satisfaction were not lessened at admiral of the red; the lord Berkley, vice-present by the disadvantages we have received admiral of the blue; colonel Matthew Ayl- this year at land, and the Miscarriages of our mer, rear admiral of the red; and David affairs at sea." I think it is evident that the Mitchell, esq. rear-admiral of the blue: And on the 23d of March, sir John Trenchard was sworn one of their majesties principal secretaries of state, iu the place of the earl of Nottingham; whose removal, as well as that of admiral Russel, was occasioned by the warm debates that had past in parliament about their conduct after the Victory at sea; king William expressing himself, in relation to his officers, as Julius Caesar had with respect to his wife; That it was not enough for them to be faithful, but that they must be free from suspicion.' The same day his majesty committed the custody of the great seal of England to sir John Somers; whose office of Attorney-General was bestowed upon Edward Ward, of the Inner Temple, esq. At the same time his majesty ordered a new commission to pass under the great seal, constituting sir John Lowther, Henry Priestman, esq. the lord viscount Falkland, Robert Austen, esq. sir Robert Rich, Henry Killegrew, esq. and sir Ralph Delaval, to be Commissioners for executing the office of lord high admiral of England. Having thus settled domestic affairs, the king went to Harwich, in order to embark for Holland, but the wind proving contrary, his majesty returned to Kensington; from whence he parted again on the 31st of March, and embarking near Gravesend, arrived safely in the Maese on the 2d of April, after which he went to the Hague, and from thence to Loo. This year proved fatal to the *confederates both by sea and land; the French destroyed the Smyrna Fleet, were victorious at Landau, and made themselves masters of Immediately after the close of the session, the leaders of the Whig party published a curious Pamphlet intituled, "An Inquiry, or, a Discourse between a Ycoman of Kent, and a Knight of the Shire, upon the prorogation of the parliament to the 2nd of May." A copy of which will be found in the Appendix, No, VIII. "The English and Dutch fleet was large and strong, and early equipped. There was also ready to take under their convoy a Fleet of Merchantmen, consisting of about 400 sail, English, Dutch, Hamburghers, Danes, &c. bound for the Streights. The Grand Fleet went with them to a certain latitude, and then sir George Rook, with 23 men of war, was ordered to proceed to the Streights. He left by the way, the vessels bound for Bilboa, Lisbon, St. Ubes, and other ports, under convoy of two men of war; and on the 11th of June, being come within 60 leagues of Cape Vincent, he discovered part of the French Fleet: upon which he called a council of war, wherein it was resolved, that the wind being fresh westwardly, and giving a fair opportunity to hasten their passage to Cadiz, the merchants should make the best of their way. Not long after, sir George Rook discovered the enemies' whole fleet; and stood off with an easy sail, to give what time he could to the heavy sailers to work away to the windward. The Sheerness was sent with orders to the small ships that were under shore to get in the night into Faro, St. Lucar and Cadiz. About six in the evening, June 16th, the French admiral, the count de Tourville, and vice admiral of the blue, came up with the leeward and sternmost of the confederate squadron; which were three Dutch men of war, that fought first 11, and then seven French men of war, but were at last foreed to yield, having made the most obstinate resistance that ever was known; and the captains being carried on board the French admiral, be asked captain Schreyer, one of thein, Whether he was a man or a devil?' but he treated them very civilly. The Dutch Merchantmen made for the shore, and the enemy after them, which gave a fair opportunity to the windward ships and those a-lead to sail off; and this tacking after the Dutch, saved most of the fleet. Hun former was only occasioned by the great number of our enemies, which exceeded ours in all places. For what relates to the latter, which has brought so great a disgrace on the nation, I have resented it extremely, and as I will take care, that those who have not done their duty, shall be punished, so I am resolved to use my utmost endeavours, that our power at sea may be rightly managed for the future. And it will ever, the loss was very considerable, for besides four of the greatest Smyrna ships, and one Dutch man of war, which M. Coetlogon burnt or sunk at Gibraltar, and seven which he took; M. de Tourville and the count d'Estrees, the supreme admirals of France, most gloriously burnt a rich pinnace, as in bishop Kennett's History, and an English man of war, took 29 merchant ships, and destroyed about 50 more; which account must be corrected, by that which the count de Fourbin, who commanded a French man of war in this action, gives us, and we shall there find that the French, who are so apt to magnify their own gains and their enemies' losses, make both less at this time, than they are made by our own historians. The king's fleet,' says the count, consisting of 75 sail, under the command of the mareschal de Tourville, who having been beaten the last year by admiral Russel, was made a mareschal of France, and admiral Russel who beat him laid aside; sailed for the Straits of Gibraltar, to meet the count d'Estrees, who was coming from Provence with 20 other ships. We anchored in the road of Lagos, on the coast of Portugal; I was commanded to go out for intelligence, and to examine strictly what appeared: so that if I perceived a great number of ships, I should make it my business to find out whether they were merchantmen or men of war, belonging to the enemy. Three other captains were detached with me on the same errand, and in a few days we spied a fleet of above 150 sail belonging to the English and Dutch; of which being well assured, we made haste to join our fleet, and informed the admiral, that the ships we had discovered were merchantmen, and not men of war: upon this news he tacked about, and sailing before the wind, for what reason I know not, he was got above ten leagues out of the way. Next day our whole squadron discovered the fleet of merchant ships, which the admiral ordered to be chaced, but the enemy took the advantage of the wind, which we lost the night before by our working, and made off, so that we did them but very little harm. However, we took two of their men of war of 60 guns, and burnt 30 of their merchant ships; which were run a-shore on the coast of Portugal. I burnt three of them myself, and took a fourth, and this was all the loss they suffered; and certainly it was happy for them that they escaped so well, because had it not been for the false step I just mentioned, their whole fleet must have been taken or destroyed.' -Most of the merchantmen that were taken or destroyed, were such as belonged to neutral well deserve your consideration, whether we are not defective both in the number of our shipping, and in proper ports to the westward, for the better annoying our enemies, and protecting our trade, which is so essential to the welfare of this kingdom.-My lords and gentlemen; I am very sensible of the great affection wherewith you have always assisted me to support the Charges of the War, which have nations; but the four great Turkey ships that were lost at Gibraltar, were English, and of as great value as all the rest. These four ships were got into that bay, as were also several Danes, Dutch, &c. and a squadron of French men of war coming before the place, threw bombs among them; one of the first bombs fell into one of the Turkey ships, which so terrified the commander of that and the commanders of the other three English ships, that they immediately sunk them; though it was thought the French might have shot 500 bombs, and not one more have fallen into any one of them. Sir George Rook's conduct was alike brave and prudent; he disposed of his ships to the best advantage, and afterwards made the best of his way, with the men of war and merchantmen under his charge, to Ireland. This misfortune lay heavy on the hearts of the merchants, and indeed upon the minds of all the people of England, and therefore at the next meeting of parliament, the first thing they did, was to enquire into the Miscarriages of the Fleet the last summer, and after enquiry, the commons resolved, That there had been a notorious and treacherous Mismanagement in the Miscarriage of the Smyrna Fleet;' but when the admirals came in question, the Negative was put upon censuring them. Every body excused sir Cloud. Shovel, and many thought sir Ralph Delaval very hearty in the service, but had not the like opinion of admiral Killegrew. It appeared afterwards, that one Anselin, a secretary aboard the fleet, held intelligence with Crosby; a letter from that conspirator, dated May 5, 1694, being found upon search, signed Philips, in which he said, I must needs see you before I go to France.-There being some flying reports which gave jealousies of concealment in the Examination of the Admirals, the Privy Council published this Order, Oct. 25. Whereas a Report has been raised and spread by Henry Killegrew, esq. sir Ralph Delaval and sir Cloudesley Shovel, admirals of their majesties fleet, that the right hon. the lord viscount Falkland, one of the lords of their majesties most honourable privy council, did upon reading a Paper at the Board, stifle something that was material to their justification; the Lords of the Council having considered and examined into the matter, are satisfied, and do declare, that the report is false and scandalous: although upon Examination it did also appear, that something happened which might mislead the admirals into that error, And it is ordered in Council, that this be printed in the Gazette."" Old mixon. |