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to James by the earl of Marlborough. The of Tonnage and Poundage expires at Christbombardment of Dieppe and Havre de Grace mas; and I hope you will think fit to continue spread great alarm over the adjacent coast of that Revenue to the Crown: which is the more France; but redounded little to the honour, or necessary at this time, in regard the several advantage of the English nation. The only branches of the Revenue are under great Annaval success was the destruction of a large ticipations for extraordinary Expences of the fleet of merchantmen in Bertram bay, by cap- War, and subject to many demands upon other tain Pritchard of the Monmouth, attended by accounts. I cannot but mention to you again fire-ships. No important action happened in the Debt for the Transport Ships employed in Flanders. The French army under the Dau- the reducing of Ireland; which is a case of phin, by expeditious marches, obtained posses- compassion, and deserves relief.-My Lords sion of some advantageous posts on the Scheld; and Gentlemen; I should be glad you would and prevented the allies from accomplishing take into your consideration the preparing their design of penetrating into French Flan- some good Bill for the Encouragement of our ders. A detachment from the allied army, Seamen: you cannot but be sensible how much commanded by the prince Tserclaes de Tilly, a law of this nature would tend to the advancetook the town and castle of Huy; and drovement of trade, and of the naval strength of the the French out of the bishopric of Liege.-In kingdom, which is our great interest, and ought -Catalonia, the marshal de Noailles, with a su- to be our principal care." perior army, forced the Spaniards to retreat; The Triennial Bill passed.] The commons stormed and plundered the town of Palamos, adjourned to the 19th of Nov. when the first besieged and took Gironne, Ostelric, Castle- thing they did was to order Mr. Harley to folet; and intended to have finished his career | prepare and bring in a Bill For the frequent of victory with the siege of Barcelona; but was meeting and calling of Parliaments *,' which they prevented by the arrival of the English fleet, commanded by admiral Russel. In Piedmont, secret negociations, carried on between the French and the duke of Savoy, rendered both armies inactive. On the Rhine, prince Lewis of Baden failed in repeated attempts to bring the French army, commanded by the marquis de Lorges, to an engagement. He was successful in getting possession of Wiselock; and, after destroying some of the French magazines, repassed the Rhine. On the 9th of Nov. the king arrived from Holland.*

"It is remarkable, that though the sessions was opened six days later than was expected, the Commons did not proceed to business; but, on the contrary, adjourned till the 19th; which seemed to indicate, either that the Plan was not settled, or that some prepa ratory measures were first to be taken with the leaders of the opposition: bishop Burnet suggests, That the Bill of Frequent Parliaments, or, as it hath been since called, the Triennial Bill,' was, by express bargain, the price of the Countenanced by the matter of fact, that the Supply and so far, indeed, this suggestion is first material order of the house, after adjourn The King's Speech on Opening the Session.] ment, was for Mr. Harley to prepare and November 12. The Parliament met at West-bring in the said Bill: And what followed was minster, and, with the usual solemnity, the King opened the Session with the following Speech to both houses:

SIXTH SESSION OF THE SECOND PARLIAMENT
OF KING WILLIAM III.

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calling for accounts, estimates, contracts, and all those other papers which are made use of to justify demands on one side, and compliances "My Lords and Gentlemen; I am glad to on the other. On the 30th the Triennial Bill meet you here, when, I can say, our Affairs was sent up to the lords, and on the 18th their are in a better posture, both by sea and land, lordships signified by Message, That they had than when we parted last. The Enemy has agreed to it without amendment; and in every not been in a condition to oppose our Fleet in stage of its progress the Tunnage-Bill waited these seas; and our sending so great a force upon it, if it did not bear it company. Of the into the Mediterraneau has disappointed their former of these bills, as well because of the designs, and leaves us a prospect of further suc- many fruitless efforts which had been made to cess. With respect to the War by land, I obtain it, as because of the extraordinary fate think, I may say, that this year a stop has been which many years afterwards overtook it, a put to the progress of the French arms.-- copious account ought to be given.-The neGentlemen of the House of Commons, I cessity of Frequent Parliaments', had been have had so much experience of your good af- asserted in the last Article of the Declaration fection to me, and of your zeal for the public, of Rights; but then it had been asserted in that I cannot doubt of your assistance at this such indefinite terms, that the king did not time. I do therefore earnestly recommend to think himself obliged to observe it: and in the you to provide such Supplies as may enable courtiers sense, frequent sessions' did as well: me to prosecute the War with vigour; which is when, therefore, experience began to shew, the only means to procure peace to Christen- that long parliaments, and all the abuses and dom, with the safety and honour of England.-corruptions they produced, were as fondly cheI must likewise put you in mind, that the Act

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rished in this reign, and by the same party, which in that of Charles 2 had been so eager to detect, and expose them, this expedient of

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had been so earnest for in former Sessions, and were resolved to insist upon in this. The Bill was easily drawn up, and presented November the 22d, and read with dispatch the third time, and past December the 13th; and sent up to the lords, who on the 18th, gave it their concurrence, without any Amendments.

Mr. Dyer, a News-Letter-Writer, repri manded for noticing the Proceedings of the House.] Dec. 21. A Complaint being made to the house, That Dyer, a News-Letter-Writer, has presumed in his News-Letter to take notice of the Proceedings of this House; Resolved, "That the said Dyer be summoned by the serjeant at arms to attend this house tomorrow morning to answer the said Com

Dec. 22. The house being informed, That Dyer, the News-Letter-Writer, attended, according to the order of yesterday; he was called in and heard touching the Complaint made against him: and, acknowledging his offence, humbly begged the pardon of the house for the same. And then withdrew.

A Supply voted.] The commons likewise went chearfully on with the Supply, and having examined the Estimates for the next year's Ser-plaint." vice for the War; the Accounts of the Monies paid to the Fleet, to the Army, to the Allies, and for Forage, and enquired into the Quotas the Confederates were severally to furnish, they voted, 2,382,712l. for the Navy. 2,382,000l. for the Army. To be raised by 4s. in the pound Land-tax, and other Subsidies. They continued the Duties of Tonnage and Poundage five years longer; and his majesty pased that Bill, and the Triennial Bill at the same time, Dec. 22.

the Triennial Bill was again brought into play, and prosecuted with so much steadiness and perseverance, as, at length, got the better of all opposition.-The Preamble, which deserves to be had in everlasting remembrance, was conceived in these words: Whereas, by the an❝ tient laws and statutes of this kingdom, frequent parliaments ought to be held; and whereas frequent and new parliaments tend very much to the happy union and good agreement of the king and people, we, your 'majesty's most loyal and obedient subjects, the lords, &c. do most humbly beseech your most excellent majesties, &c. By the first enacting Clause, it was provided, That from thenceforth a parliament should be held once in three years at the least: By the second, That within three years at farthest, after the dissolution of the parliament then subsisting, and so from time to time for ever after, legal writs under the great seal should be issued, by the direction of the crown, for calling, assembling, and holding another new parliament. By the third, That no parliament whatsoever should have continuance longer than for three years only, at the farthest; to be accounted from the first day of the first session: And by the fourth, That the said then subsisting parliament should cease and determine on the first day of the next following November, unless their majesties should think fit to dissolve it sooner. It should also be remembered, that, upon the last reading of the Bill in the house of lords, the lords Devonshire, Weymouth, Aylesbury, and Halifax, entered their Protest against it, for this Reason, viz.Because it tended to the continuance of the present parliament, longer than, as they apprehended, 'was agreeable to the constitution of England; ' and because of the ill consequences which, in 6 many respects, might attend it.'-And now both Bills lying ready for the royal assent, his majesty came to the house of peers, on the 22d, and having first bestowed that grace on the Tunnage-Bill, suffered its companion, the Triennial-Bill, also to become a law.-Why

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Ordered, "That the said Dyer be brought to the bar, and, upon his knees, reprimanded by Mr. Speaker, for his great presumption." his majesty formerly rejected this Bill, has been already insinuated: and that he passed it now, may possibly be imputed to the bargain discoursed of by Burnet: but the fact has been treated in so different a manner, by different Authors, that the reader has a right to have all their several authorities laid before him.-But by way of preparatory, it will be necessary to premise, That her majesty, the queen, had been taken ill the day before, and, according to the general apprehension, of the small pox, which had been very rife, and very fatal, during the whole season. Mr. Boyer, notwithstanding, says, That the passing the long-wished-for Bill, for the frequent meeting of Parliaments, before the queen was taken ill, was the most lucky hit of king William's 'politics.' According to bishop Kennet, There seemed to be a particular providence that directed the king to the wisdom of passing that popular Bill, before the Death of the Queen; for, if it had been deferred to this time, some people would not have failed to say, That he had been forced to it by the necessity of his affairs.' And as to bishop Burnet, (forgetting the Bargain' which he had spoke of before) he roundly declares, That if the king bad not passed the Bill on the second day of the queen's illness, it is very probable he would never have passed it.' These are almost the very words of his lordship: but, perhaps, he ought rather to have said, That if the queen's illness had not happened, his majesty would not have passed it: for, upon her death, he could scarce have avoided it: and his policy consists in having provided against the worst, and thereby put in for all the merit, which his former refusal had left within his reach. What, however, the former of these right reverend fathers does not care to admit, the latter makes no difficulty to avow and it is certain, that if either the rectitude of the measure, or the demands of his people had weighed with him, they would have operated as forcibly in the first instance as in the last," Ralph,

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And, accordingly, he was brought in, and reprimanded.-Ordered, That the said Dyer he discharged, paying his Fees.

of their firm adherence to his interest. To the. Lords, who presented their Address in a body to his majesty at Kensington, he was pleased to say in these few words of sorrow: 'İ hear

Resolved, "That no News-Letter-Writers do in their Letters, or other Papers, that they dis-tily thank you for your kindness, but much perse, presume to intermeddle with the Debates, or any other Proceedings, or this house."*

Both Houses address the King, on the Death of the Queen.] Dec. 31. The Queen dying the 28th both houses immediately addressed his majesty, to condole the great loss, and give him assurance

*This day," says Kennet "one Dyer, a very impudent writer of News-Letters, was justly reprimanded by the Speaker, for presuming to represent the proceedings of that house. But such a gentle rebuke could not reform a fellow, who wrote for two very necessitous causes, for the Jacobite party, and for bread." But the lord Mohun rebuked him more effectually some time after; for finding him out at one of his factious Coffee-houses, and showing him a Letter wherein his lordship was named, he owned it, not knowing my lord; who immediately laid him on with a cudgel he had provided for that purpose, and made him swear to have no more to say of the lord Mohun.

more for the sense you shew of our great loss, which is above what I can express." To the Commons: "Gentlemen; I take very kindly your care of me and the public, especially at this time, when I am able to think of nothing but our great loss."†

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evident beyond doubt, he told the king, He could not do his duty faithfully, unless be acquainted her with the danger she was in: the king approved of it, and said, whatever effect it might have, he would not have her deceived in so important a matter. And, as the Archbishop was preparing the Queen, with some address, not to surprise her too much with such tidings, she presently apprehended his drift, but shewed no fear, nor disorder upon it. She said, she thanked God she had always carried this in her mind, that nothing was to be left to the last hour; she had nothing then to do, but to look up to God, and submit to his will; it went further indeed than submission; for she About a month after Tillotson's death, scemed to desire death, rather than life; and the Queen was taken ill, but the next day her she continued to the last minute of her life in illness seemed to go off. The day following, that calm and resigned state. She had formerly she went abroad; but her illness returned so wrote her mind, in many particulars, to the heavily on her, that she could disguise it no king and she gave order, to look carefully longer. She shut herself up in her closet that for a small scrutoir that she made use of, and night some hours, and, burning many papers, to deliver it to the king: and, having dispatched put the rest in order. After that, she used that, she avoided the giving herself or him the some slight remedies, thinking it was only a tenderness, which a final parting might have transient indisposition; but it increased upon raised in them both.-The day before she died her, and within two days after the small-pox she received the Sacrament, all the bishops (which then raged about London) appeared who were attending being admitted to receive with very bad symptoms. It is said, the phy-it with her. When this was over, she comsician's part was universally condemned, and that her death was imputed to the negligence or unskilfulness of Dr. Ratcliffe. He was called for; and it appeared, but too evidently, that his opinion was chiefly considered, and most depended on. Other physicians were afterwards called; but not till it was too late. The king was struck with this beyond expression. On the second day of her illness he passed the bill for frequent parliaments, which if he had not done that day, it is very probable he would never have passed it. Never was such a face of universal sorrow seen in a court, or in a town, as at this time: all people, men and women, young and old, could scarce refrain from tears: on Christmas day, the small-pox sunk so intirely, and the queen feit herself so well upon it, that it was for a while concluded she had the measles, and that the danger was over. This hope was ill grounded, and of a short continuance: for, before night, all was sadly changed. It appeared, that the small-pox were now so sunk, that there was no hope of raising them. The new Archbishop attended on her; he performed all devotions, and had much private discourse with her: when the desperate condition she was in was

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posed herself solemnly to die; she slumbered sometimes, but said, she was not refreshed by it: she tried once or twice to have said somewhat to the king, but was not able to go through with it. Several cordials were given, but ail was ineffectual; she lay silent for some hours: and some words, that came from her, shewed her thoughts began to break. In conclusion, she died the 28th of Dec. about one in the morning, in the 33rd year of her age, and 6th of her reign.-She was the most universally lamented Princess, and deserved the best to be so, of any in our age or in our history. Bishop Burnet has written an essay on her character, in which he affirms nothing is said, but what he knew to be strictly true, without the enlargement of figure or rhetoric.-The king's afflic tion for her death was as great as it was just ; it was greater than those, who knew him best, thought his temper capable of. When she died, his spirits sunk so low, that there was reason to apprehend, that he was following her; for some weeks after he was so little master of himself, that he was not capable of minding business, or of seeing company. There are two things that seem to cast some reflection on the memory of queen Mary; her

STATE OF THE REVENUE.] Jan. 12, 1691-5. It was ordered, "That the Lords Commissioners of the Treasury do, with all convenient speed, lay before this house a State of the Revenue, with the Loans, Debts, and Charges upon the Revenue. Also an Account of the Establish

ment, Charge, and Expence, of the Civil List, from Michaelmas 1693 to Michaelmas 1694." Accordingly, on the 15th, Mr. Guy, from the Lords Commissioners of the Treasury, presented to the house the said Account; and the same was read; and is as followeth, viz.

her sister, the bishop says, it cannot be meutioned without some reflections on her memory, and he owns himself much troubled to see her carry it so far. Doubtless, the queen imagined, the princess was in the wrong to seek after a parliamentary provision, without any previous application to her or the king, and afterwards to refuse to dismiss from her service the lady Marlborough, when the earl her husband was in disgrace, though earnestly desired, nay, ordered by their majesties so to do; and therefore she night think the princess had injured her in not submitting to her will. However this be, the queen saw her not in her last illness. For though the princess, upon news of the queen's indisposition, sent a lady of her

lowed to wait on her majesty, she received for answer the next day, in a letter to the lady that brought the message, that the king and queen thanked her for sending and desiring to come: but, it being thought so necessary to keep the queen as quiet as possible, hoped she would defer it. This deferring the princess's coming, says the duchess of Marlborough, was only to leave room for continuing the quarrel, in case the queen should chance to recover, or for reconciliation with the king, if that should be thought convenient, in case of the queen's death. By this delay, the two sisters never met; though, as bishop Burnet says, the queen, when dying, sent a reconciling message to the princess. Be that as it will, upon the death of the queen, the princess, by advice of the lord Sunderland and others, wrote the following Letter to the king:

behaviour, when she first came to Whitehall, after her father's abdication; and her lasting quarrel with her sister, the princess of Denmark. The queen arrived in England the very night before the throne was filled, and appeared so very chearful and gay, as if she had not the least concern for what had happened to her father. When she came to her own apartment at Whitehall, says the duchess of Marlborough, who was then waiting on her, she ran about it, looking into every closet and conveniency, and turning up the quilts upon the bed, as people do when come into an inn, and with no other sort of concern in her appearance but such as they express; a behaviour, which, though at that time the duchess was extremely caressed by her, she thought very strange and unbecom-bed-chamber, to desire that she might be aling. For, whatever necessity there was of deposing king James, he was still her father, who had been so lately driven from that chamber and that bed; and therefore, if she felt no tenderness, she should, as the duchess observes, at least have looked grave, or even pensively sad, at so melancholy a reverse of his fortune. But bishop Burnet's account of this incident entire ly clears the queen from the charge of indecency, and want of tenderness on so moving an occasion. It had, it seems, been given out, that she was not well pleased with the late fransactions, both with relation to her father and the present settlement. Upon which the prince wrote to her, that it was necessary she should appear, at first, so chearful, that no body might be discouraged by her looks, or be led to apprehend that she was uneasy by reason of what had been done. This inade her put on a great air of gaiety, when she came to Whitehall, and, as may be imagined, had great crowds of all sorts coming to wait upon her. The bishop owns, he was one of those who censured her in his thoughts. He was of opi-touched with this sad misfortune, as if I had nion, that a little more seriou-ness had done as well, when she came into her father's palace, and was to be set on her father's throne the next day. He had never seen the least indecency in any part of her deportment before, which made this appear so extraordinary, that some days after he took the liberty to ask her, how it came, that what she saw in so sad a revolution, as to her father's person, made not a greater impression upon her? She took this freedom with her usual goodness, and assured him, that she felt the sense of it very lively upon her thoughts. But she told him, that the letters, which had been sent her, had obliged her to put on a chearfulness, in which she night, perhaps, go too far, because she was obeying directions, and acting a part, which was not very natural to her.

"As to the breach between the queen and VOL. V.

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Sir, I beg your majesty's favourable acceptance of my sincere and hearty sorrow for your great affliction in the loss of the queen. And I do assure your majesty, I am as sensibly

never been so unhappy, as to have fallen into 'her displeasure. It is my earnest desire, your majesty would give me leave to wait upon you, as soon as it can be without incon- ' veniency to you, and without danger of increasing your affliction, that I may have an opportunity myself, not only of repeating this, but of assuring your majesty of my real intentions to omit no occasion of giving you con 'stant proofs of my sincere respect and concern for your person and interest, as becomes, sir, your majesty's most alicctionate sister, and ANNE.'

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The king, thinking a reconciliation expedient, now that the princess was become the next heir to the crown by the act of settlement, consented that she should wait upon him at Kensington at a time he appointed, where she was received with extraordinary civility.

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The

STATE of the REVENUE from Michaelmas 1693 to Michaelmas 1694; with the Loans, Debts, and Charges thereon; together

with an Account of the Establishment. CUSTOMS.-The Duties, by the act of parliament determined at Christmas now last past, commonly called the Customs; which did arise from Michaelmas 1693 to Michaelinas 1694; person, who managed intirely the affair between the king and the princess, was the lord Sunderland. He had, before there was any thought of the queen's dying, designed to use his utmost endeavours to make up the breach. He also persuaded his majesty to give the princess St. James's house, to which the king added, by way of present, most of the queen's jewels. But, notwithstanding these and some other favours, the good correspondence, that appeared between the king and princess, was little more than an appearance. They lived indeed in terms of civility, and in formal visits; but the king did not bring her into any share in business; nor did he order his ministers to wait on her, and give her any account of affairs." Tindal.

While the Gazette was crouded with Addresses on the death of the queen, a printed Paper was privately handed about, which undertook to prove, That the Parliament was dissolved by the death of the queen; and which, it is reasonable to think, would have had a very singular effect, if the late passing of the Triennial Act had not disposed the bulk of the people to be satisfied with the provision made therein for a dissolution. Burnet assures us, That the earl of Rochester, nevertheless, made it his endeavour to establish that doctrine within doors, which had been handled so plausibly without: others again affirm, That the doubt was started by the earl of Nottingham. And that the earl of Portland replied, 'It was 'not fit to be mentioned, much less to be de'bated :' but which soever of these peers it was, that had the boldness to make so dangerous a motion, it met with no countenance: for it was thought the wisest way to overlook a defect of form, if any such defect there was, rather than suffer the whole business of the year to languish, and the whole kingdom to be put into a ferment at so delicate a conjuncture, when more than ordinary caution was necessary for the sake of preserving peace at home. It does not appear that any hint of this nature was ever suffered to escape in the house of commons on the contrary, they proceeded, without any scruple, to the business that lay before them. As the Paper above alluded to is very curious we have thought fit to insert it in this place, for the information of posterity.

"Sir; You are pleased to observe in your Letter, That it was the general sense and discourse in the country, during the Queen's sickness, that in case she should then happen to die, they must go to a new Election of Members; for that her death would make a Dissolution of the Parliament: and this, you say,

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and did, at the end of every week, remain, after payments made thereout upon Debentures for goods reshipped; for Corn exported; or for Discounts upon bonds; with Allowances for damaged goods, and portage-bills, were divided into 3-4th parts, and 1-4th part: the 3-4th parts were constantly paid into the Exchequer, and there applied towards payment of the prin cipal money borrowed thereupon, with the in was held so plain a case, that you did not perceive that any body made any doubt of it, but was taken by all for granted; and that, therefore, you were not a little surprized to hear the Parliament were still sitting, notwithstanding her death: and the more so, for that you have not heard that either house so much as wade any Debate or Question about it, either before or since her death; which (as you are pleased to add) puts you upon a request to me to know, How I conceive the matter stands in the laws of the land, that you may a little understand whether your representatives have dealt fairly with you? Now, though I might, in answer to what you say, only tell you, That it was then thought as plain a case here among the lawyers, and, as I have been informed, even among your very representatives themselves ; and thence conclude it vain and needless to send you any particular opinion, especially of my own yet to let you see how well the law of the land has provided for this case, and that we are upon no uncertainties in law, however we may be in men, in a matter of this high consequence and concernment to the kingdom, I will endeavour, as briefly as I can, to lay the law before you, in so plain and clear a light, that you may evidently see that the parliament becaine necessarily dissolved, in law, by the Queen's Death.

"Now you must know, whatever some may fancy that Parliaments are under the directions and restrictions of the common law, as well as any inferior court or corporation by the law they have their existence, by the law they act, and by the law they cease: for the being of a parliament is a legal being, and therefore can no longer exist than the law upholds them; they are the king's writs that raise them, and call them together it is under the immediate influence, and legal authority of these writs, that they sit and act; and when these legal writs, or the legal authority they have by them, ceaseth, they necessarily cease too, and fail into dissolution: so that whether the two houses, now sitting in Westminster, are a parliament, or not, is altogether a question of law; and this, as I conceive, will chiefly, if not altogether, depend upon this enquiry, whether the writs, issued out in the names of king William and queen Mary, were not abated and determined in law by queen Mary's death? For if they were, there is nothing legal left to support them, and consequently (whatever there may be else) can be no Legal Parliament; nor what they act, or pretend to enact, have any force or validity in law. Now in order to examine this candidly and impartially (for I utterly

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