the power of this house, either to explain or repeat an act of parliament, though a private act, in a judicial manner, but only in our legislative capacity; and there being an act passed in 15 Charles 2. No. 15, for settling the lands of the earl of Kent, which disposes of the barony of Lucas of Crudwell, and declares the king's power to dispose of the barony, when more than one female heir, to whom, or to which he pleases, or to hold in suspense, or to extinguish the same; we cannot but think this vote is in direct opposition to that act. (Signed) Norfolk and Marshal, Herbert, Stamford, J. Bridgewater, Rochester, Torrington, Brooke, Scarborough." The Speech of the Marquis of Normanby in the Affair of the Convex Lights.] On the 18th of April, the house of lords taking into consideration the several Examinations and Reports made and taken relating to the ConvexLights, and a Lease of Land lately made by the city of London to the marquis of Normanby, his lordship rose up and expressed himself as follows: . | build a house, and therefore disposed of that I lived in to the Spanish ambassador; enquired every where for ground; treated with Mr. Neale for his, beyond Berkley-house, and with others also; but at last fixed on that spot of ground you have now heard so much of. Upon my proposing it to those concerned, I found two difficulties; first, the title was so perplexed, there was no buying without an act of padiament to clear it; the second was, that the inheritance of this ground, after 74 years, is in the city of London. I endeavoured to overcome the first of these difficulties, by procuring an agreement among the proprietors in the present lease of 74 years, in order to have an act of parliament; and for the other, I treated with the city, desiring only four acres in all, for a house, a court before it, and a small garden behind it. I think, the first time I proposed it, was here, in the bishop's lobby, to sir ·Hubland, sir R. Clayton, and three more of the city altogether, who then assured me the inheritance could be parted with. Upon this I desired a lease of 150 years; which yet "Your lordships have shewn me so much was refused; and after many months I obtained justice, and favour, and patience, in your exa- one of 100 years only.--While this was treating mination of this whole business, at my humble about a twelve-mouth, one of the city officers request, that I should make an ill return, if I brought ine Articles to sign; of which one was, wasted your time unnecessarily: And there- that the lease should be void, unless I procured fore I will not trouble you with observation on an act of parliament to pass for settling all those unusual methods, odd aggravations, and matters about it; wherein some clauses of his inexcusable delays, that some few persons have penning might be inserted for the city's advanopenly practised in this debate. I will not, I tage. The condition appeared so unreasonable need not insist upon it; your lordships have all to me, who was only one of the many parties taken nouce of it sufficiently; and the truth is, that were to consent to such a private act, such an over-cagerness in a very small number before ever the parliament, I knew, would pass against the opinion of the rest, instead of hurt-it, that in a little heat I told this small officer, ing me, only exposes themselves. Yet I am sorry for this odd manner of proceeding, notwithstanding all the advantage it has given me ; because it has also given occasion for a malicious suspicion in this censorious town, as if I had done these lords some sort of private injury; of which yet I am so innocent, that they will not add it to their other accusations against me, I am confident.-Neither will I take up your lordships time with recriminations: I confess it is hard to hold, when it is so easy to do it; the subject is ample enough, and your lordships will not think it so unbecoming a gentleman to return an accusation, as it was to be the first accuser; but though never so much tempted, I have too much respect for this great assembly to entertain you so ill.-The only thing I shall trouble you with, is the defence of what a man cannot be too careful of, my honour; and accordingly shall tell your lordships a true story very plainly. If I should fail in any thing, it would be no wonder, since I have neither used council without doors, nor troubled you with any here; being of opinion any man is able to speak truth without any assistance. About four years ago I designed to * John Sheffield, earl of Mulgrave, created marquis of Normanby May 10, 1693, and duke of Buckingham and Normanby March 9, 1702. Mr. Lane, the worthy witness, that it must be some have made such a noise, because it is of no use to ine, without building my house; which design falls only for want of the mortgagee's being able to make a sure title; and they are not enough agreed to get an act to pass about it. Upon this I will make a few remarks, and so conclude. First, The value of this is, you see, so very inconsiderable, that it aloue answers all suspicion about it: For though a bribe of a mere bawble is inexcusable yet when circumstances are examined in order to judge if it be a bribe, or not, I suppose a plain gold ring is not to be suspected as much as a diamond of 1000 pounds.-The next objection vanishes, about by undertaking for this act, when it is considered how many instances there are every day of members in both houses, who article, not only as I have done, to endeavour at, but also to procure a private act of parhament; because, indeed, they can be understood to mçan wo more by it, than to consent them selves, to persuade others what they can, and Sometimes to pay the fees of the clerks, which, in this very lease, I am obliged to free the city from, whenever the act passes.-The length of the lease is as odd a cavil as the rest; since 100 years is certainly as proportionable a term for such a great house, as forty years for a little one, especially considering how slightly they build little ones now a days.-Whereas there was some mention of my obliging the city about Gulston's bill; I confess, my memory did not lay that value upon it, as it seems their gratitude did, who owned the obligation. It appears to have been a private bill which invaded the city of London's rights; against which I delivered their petition, and made the matter so plain, that your lordships threw out the bill. It happened very lately, that an bonest country gentleman heard, only by accident, of an act's being like to pass, which had undone him. I fancy, if any lord had stopped it, either out of good-will to him, or justice, the gentleman would call that lord his friend ever after, and drink his health too, in spite of all h's enemies. Consider also the open manner of the whole proceeding with a great city, for at least a year together, without interruption. Each clapse stood upon with all strictness, and every article disputed by council before them. Before a committee of twelve common-council men and six aldermen, deputed to manage such things. Carried at last there, (I desire your lordships will take notice of that remark, because of a great estate lost here lately by equal votes) not by an equality; if so, I should not wonder at a review taken of it; for things carried in that kind will be talked of, and perhaps once more considered. But this was done, my lords, by a great majority; it was sworn here at your bar that there were but three against it, and they too own to your lordships themselves, it was only because they thought the ground worth ten pounds a year more; which being after 70 years to come, is to be valued at a year's purchase; so I have a notable bargain of ten pounds, according even to their oaths, who crossed me in it, because indeed influenced by that city-othcer. Observe also, if you please, my lords, the city sent their officers several times to view this ground, by which one of my opposers owned here he was at last convinced, that it was a good bargain for the city, upon account of their pipes and buildings.And now, my lords, I have reserved to the last, what alone would vindicate this business. This very ground is in trustees names, for the city, one of whom is an infant; so, they could make me no legal title before he comes to age, and I have only an equitable one to depend on. Therefore, when this is to be confirmed and made valid, the city must be under other governors, who will never, sure, confirm an ill thing done by these ;- and they cannot be compelled to it, but in the court of Chancery; which must then review all this whole proceeds ing. -As to the Convex Lights, your lordships have seen I am not the least concerned; but it falls out unluckily for my accusers, that they pretend I am too much regarded by so great a city for assisting them on all occasions, which I shall ever be proud of, and yet ail the while blame me for stopping their Orphan's Bill by my only interest here: A direct contradiction! have troubled your lordships too long about so slight a matter; which indeed was unneces sary; for though it happened once that many misdemeanors amounted to a treason, i am confident a thousand slanders out of the mouth of what great man soever, will never here be able to give a suspicion of misdemeanor, unless of himself who slanders.—My Lords; I am too often entertaining your lordships on all other occasions; and perhaps should be too apt to do it in my own case, especially if any lord should either object, or recite amiss; which in this debate has been found not impossible. I ask your leave therefore to withdraw; not doubting but in such a case, my innocence will be safe under your lordships protection, and much better defended than if I were here myself to look after it.” Protest against acquitting the Marquis of Normanby from Censure for these mutters.] After debate, the question was put, Whether upon the Examination taken in relation to the Matter of the Convex Lights, while the Orphans Bill was depending in this house, or concerning a Lease of some lands lately passed to the lord marquis of Normanby, by the city of London, there does appear any just cause of censure from this house, upon the said lord marquis of Normanby?'-It was resolved in the negative. "Dissentient. Because we humbly conceive it to be an offence of an high and extraordinary nature, that any peer should presume to deliver the opinion of this house, without doors, to persons whose cause has been pleaded at this bar, so as to induce them to compound their interest, or oblige them to unwilling compliances, more especially, in a matter depending before us, in a bill agreed to by the house of commons. Which we humbly conceive to have been plainly made out against the marquis of Normanby, by the depositions of Mr. Hobbs, sir Thomas Milling- sufficiently proved, and in such manner, as we ton, Mr. Nois, and Mr. Lilly.-Mr. Hobbs hav- apprehend, is highly to the dishonour of this ing informed this house, upon oath, that he was house. First, This appears by the entries in absent and sick, and resolved to come to an the city books, where it was agreed by the comagreement with Hutchinson, but that sir Tho- mittee of the city lands, to demand an extraor mas Millington had some time afterwards given dinary power of the common council, to grant him this account, that the marquis of Norman- a lease under such extraordinary conditions, as by came out several times from the house of were not agreeable to their common methods: lords, assuring him the bill would not pass, un- in which entry, the only motive and agreement less an agreement were immediately made with that appears in the books is expressed in these the said Hutchinson, which, with the clamours words, viz. Com' Concil' tent' 24 Die Jan. without doors, were the reasons that compelled 1693. At a Common Council a motion was him, and those others that signed, to agree.- made for gratifying a person of honour, who Sir T. Millington having declared, upon oath, had been very friendly to the interest of the that he was forced and compelled to sign the city, in the house of lords, and likely to conaforesaid agreement, by frequent intimations 'tinue so, with a long term of years, in about and assurances given by the marquis of Nor- 'two or three acres of the city ground lying and manby, that the bill should, or would not pass, being in Conduit-mead, behind Clarendonunless he and his partners did agree with Hut- 'house. The question being put, Whether this chinson, as likewise by the clamours, without court will empower the committee, for settling doors, of those concerned for the passing of the and demising the city lands, to grant unto the Orphans bill.-Mi Nois (agent for the Orphans) 'said lord an additional term in the said ground, likewise deposing, that he heard the marquis of 'at and under such rents, covenants and conNormanby tell Sir Thomas Millington, the bill 'ditions as the said committee shall approve would be lost, unless the aforesaid agreement of? It was carried in the affirmative, and rewas concluded; both affirming that no other 'ferred to the said committee accordingly.'member of the house of lords, to their know- As likewise the same is again entered in the ledge, gave any such intimation or account. Mr Books in the last determination of the commitLilly also deposing, that all present were forced tee for city lands, as the only motive to induce to sign a paper (which he hoped would prove no them to make such a grant, in these words; viz. agreement) because they were compelled to it It being, by special order of this honourable by the tumults at the doors of the house o 'court, referred to us, in order to the gratifying lords, being afraid of violence from the Orphans a person of honour, who hath been very friendagents and solicitors, in case they had not sign- ly to the interest of the city in the house of ed it. Which irregular proceedings of the mar- 'fords, and is likely to continue so, &c. And quis of Normanby, we conceive, fully proved by ✦ signed by sir Robert Clayton, and several of witnesses of undoubted reputation, who acted 'the parties consenting to this lease, who were in pursuance of the account they gave upon summoned as witnesses by the marquis of Noroath; which are the more remarkable, because manby.'-It being further made evident (as it appears that Roman Russell, servant" and we humbly conceive) by the oaths of Mr. Lane agent to the said lord, had one 324 part made the city comptroller, Mr. Morrice a member of over to him immediately before the hearing in the house of commons, and Mr. Ballow one of the house of lords; which share was assigned to the committee, who depose, the arguments made Mr. Moore, by Mr. Hutchinson, to be made use of for this lease, in several meetings of the over for the promoting his interest in parlia committee, were, the services done, and like to ment, and was, to that purpose (as the writing be done the city, by the marquis of Normanby; testifies) disposed of to Roman Russell, which, particular mention, being made in their depowe conceive, by the proofs valuable 2,000l. sitions, of his assistance in flinging out Gulston's Which share, Mr. Moore deposes, was given to bill, and his helping that of the Or¡ hans.—And Roman Russell, and Russell confesses to have we further conceive (with great deference to received for no other consideration (but having this honourable house) that the motives and conbeen servant to many lords) to solicit and ap- siderations, sworn by several of the committee prize them of the case; yet it appears, by his men, who were consenting to such grant or lease, own confession, he knew not the merits of the as inducements to them to pass it, appear, upon cause, nor could name' any other lord, whom he examination, to be no valuable con-iderations: had applied to, but the marquis his master, who-As to the building a great house of 30 or brought in the petition for Hutchinson, Roman Russell having acquainted him he had a concern with him.We likewise protest against the Vote, in relation to the second part of it, which concerns the lease made by the city to the marquis of Normanby. Because we conceive it a present avowedly given to the said marquis, for gratifying him for services done to the city, in the house of lords, and for the expectation of like services for the future, and by him received as such; which we are humbly of opinion is 40,000. upon the lands, the securing their water pipes, the obtaining several years arrear of rent, the making a brick drain: which alledged considerations seem to us of no weight; the marquis being under no covenant in his lease, to build such house; the pipes for their water being secured for seventy years to come by their former lease; the arrears having been paid, not by the said marquis, but by the tenants under the first lease, when demanded.--And moreover, in our humble opinion, there is little room to doubt but that the said lease was given and taken as a gratification; Mr. Lane giving it in upon oath, from the marquis of Normanby's own mouth, that he looked upon the lease, as a present to him, from the city, for his kindnesses and services; and that they were suitors to him, not he to them.-Finally, We are the rather convinced of it, because the depositions of Mr. Lane, Mr. Morrice, and Mr. Ballowe, are suitable to the entries in the city books, which most of the evidence summoned for the marquis of Normanby have set their hands to; where no mention is made of those other matters sworn by them, as considerations inclining them to grant such lease. Induced by these parts of the evidence recited; (having entered the whole upon our book) that nothing might be concealed which may any way tend to the justification of the noble lord concerned, and for the reasons aforesaid; we protest against this vote; not being able to satisfy ourselves, that this high court of honour and judicature had no just grounds to pass some censure on the marquis of Normanby, upon the evidence given to this house, on the matters of the convex lights and city lease.(Signed) Weymouth, Manchester, Essex, Ailesbury, Torrington, Stamford, Monmouth, Cholmondeley." 9d. 5. That all money to be coined, under the denomination of the half-crown, should have a remedy of six pence in the ounce. 6. That for as much of the present coin as any person brought into the mint, he should have weight for weight, and the overplus by a bill or ticket at per cent. on a fund to be appropriated for that purpose. 7. That the present laws against clipping be enforced by some additions. 8. That all persons whose professions require such like tools or engines, as may be made use of for coining or clipping, be obliged to register their names and places of abode, and that it should be penal on such as should neglect to do the same. 9. That it be penal to all such persons, as give more for any silver-coin, than it ought to go for by law. 10. That it be penal to all such persons on whom clippings are found. 11. That no presses, such as are used for coining, be in any other place than his majesty's mint. 12. That it be penal in all such persons as shall import any clipt or counterfeit money. 13. That it be penal in any person to export English bullion, and the proof to lie upon the exporter. 14. That it be penal in any person to counterfeit any foreign mark upon bullion." This Report lay some time neglected in the house of commons; till the lords had passed an Act To prevent counterfeiting and cliping the current Coin of this kingdoui;' and on March the 19th sent it down to the commons for their concurrence. Then the former Reso sideration, and out of them several Amendments were inserted in the Lords Bill; to which Amendments the lords agreed, and so made that most expedient Act ready for the royal assent. The ill state of the Coin redressed.] A great thing was done this session for the honour and interest of the nation, by redressing the bad State of the common Coin of the kingdom. This difficulty lay so heavy upon the govern-lutions of the Committee were taken into conment, that a stop was almost put to trade and taxes. The current silver coin had for many years began to be clipped and adulterated; and the mischief of late had been so secretly carried on, by a combination of all people concerned in the receipt of money, and so industriously promoted by the enemies of the government, that all pieces were so far diminished and debased, as that five pounds in silver specie was scarce worth 40 shillings, according to the standard: beside an infinite deal of iron, brass, or copper, washed over, or plated. The nation had suffered most grievously by this evil, and the cure of it could be no longer delayed, without apparent and inevitable ruin to the public, and an obstruction to all private cominerce. Under this necessity, the house of commons on the 8th January appointed a Committee to receive Proposals, how to prevent clipping of the Coin of this kingdom for the future, and the exportation of silver. Mr. Scobel's Report concerning the Coinage.] This Committee having sat several times, Mr. Scobel on the 12th March reported their opinion: viz. 1. That the best way to prevent clipping the silver-coin, was to new coin the samne into milled money. 2. That 1,000,000l. was a sufficient sum to make good the deficiency of the present clipped coin of this kingdom. 3. That the Money hereafter to be coined should be of the present weight and fineness. 4. That the crown piece should go for 5s, and 6d. and the half crown for 2s. and The King's Speech at the close of the Session.] May 3. The king came to the house of peers, and gave the royal assent to the act For Dutics on Glass Wares, Coals and Culm.' An Act⚫ for a general Pardon.' An Act to prevent counterfeiting and clipping the Coin.' An Act for imprisoning sir Thomas Cook, sir Basil Firebrace, Charles Bates, esq. and James Craggs, and restraining them from alienating their estates.' But a clause was inserted to enable sir Basil Firebrace, who was then about marrying his daughter to the earl of Denbigh, to give her a sum not exceeding 20,0001. in portion. After which his majesty closed the Session with the following Speech: My lords and gentlemen; I am come to give you thanks for the Supplies provided for carrying on the war, in which we are engaged, and at the same time to conclude this Session, which cannot be continued longer, without manifest prejudice to the ends, for which these Supplies are given; the season of the year making it so necessary for me to be abroad, that it were to be wished our business at home would have allowed me to have been there sooner.-I will take care to place the administration of affairs during my absence, in such persons on whose care and fidelity. I can en tirely depend: and I doubt not, my lords and gentlemen, but every one of you in your several stations, will be assisting to them. This is what I require of you, and that you be more than ordinarily vilgiant in preserving the public peace." Then the Lord-Keeper, by his majesty's command, said, "My lords and gentlemen, It is his majesty's royal will and pleasure, that this parliament should be prorogued to Tuesday the 18th of June next; and this parliament is prorogued accordingly." Promotions.] The same day the parliament was prorogued; the king declared in council, That he had appointed the archbishop of Canterbury, sir John Somers Lord Keeper of the Great Seal, the earl of Pembroke Lord PrivySeal, the duke of Devonshire Lord Steward of his majesty's houshold, the duke of Shrewsbury one of his majesty's principal Secretaries of State, the earl of Dorset Lord Chamberlain of his houshold, and the lord Godolphin first Commissioner of the Treasury, to be lords justices of England, for the administration of the government during his majesty's absence; and at the same time sir Wm. Trumbal was constituted one of his majesty's principal Secretaries of State, in the room of sir John Trenchard, lately deceased. The next day the lord Henry Capel was appointed lord deputy of Ireland and on the 8th of the same month, his majesty created William de Nassau seigneur de Zulestein, a baron, viscount and earl of this kingdom, by the name and stile of William Zulestein, baron of Enfield, and earl of Rochford; and the lord Grey of Werke was also made a viscount and earl of this kingdom by the stile of viscount Glendale, and earl of Tankervile. : The Parliament dissolved.] On the 12th of May the king set out for Holland. Abroad, the taking of the town and castle of Namur in the sight of the enemy's army, 100,000 strong, was the most important action; after which his majesty left the army under the care of the elector of Bavaria, arrived in England October 10, and the next day he called a Council, wherein he proposed the dissolving the present Parliament, which after a small debate being resolved upon, a Proclamation was order to be published for that purpose; and for declaring the speedy calling another to be holden the 22d of November ensuing. "The king had obstinately struggled against the Triennial bill, not only to avert an encroachment, as he believed, upon his prerogative, but from the apprehension of not finding a new parliament obsequious to his will, particularly in adopting his system of foreign politics, and approving of the continuance of the war. But, as there was no prospect of bringing it to a conclusion before the definitive expiration of the present parliament, there occurred obvious and strong reasons for anticipating that event. However great the influence of the court in the present parliament had been, yet it was naturally to be expected, that the immediate pros FIRST SESSION OF THE THIRD PARLIAMENT OF KING WILLIAM III. List of the House of Commons.] November 22, 1695. This day the New Parliament met at Westminster. The following is a List of the Members of the House of Commons: A LIST of the HOUSE OF COMMONS, in the Third Parliament of King WILLIAM, November 22, 1695. Those marked with a * at first declined the Association. Abington, Simon Harcourt. Agmondesham, Edmund Waller, Montagu Drake. St. Alban's, John and Robert Smith Sir Richard Sandford, Arundel, Lord Walden, Richard Duke, Bambury, Sir Robert Dashwood. Arthur Campneys, Sir Thomas Estcourt, *Sir William Williams. Sir Ralph Delaval, Sir Roger Wharton, pect of dependance upon their constituents would operate upon the members, to the diminishing of that influence, and induce those, who wished to maintain their political distinction, to humour the prejudices of the people, rather than to study the inclinations of the sovereign, or to pursue morc liberal views of public good. The dissolution of parliament, impatiently desired by the people, would be. reckoned a gracious exertion of the prerogative, and strengthen the interest of the crown at the approaching general election. But what, perhaps, as much as any of these considerations determined the king to dismiss his second parliament, was that perplexity and interruption to public business, which he foresaw would arise, at a season eminently critical, from those disagreeable Inquiries into which the commons had entered, with respect to the Corruption of some of their members, and from which they could not recede, without forfeiting all claim to benour and consistency." Somerville. |