GOVERNAAENT PUBUCAT"^MS
RECEIVED '
SEP 2 1970
WILBUR CROSS LIBRARY
UNIVERSITY Of CONNECTICUT
FOREIGN
COLLECTION
O F T H E
PARLIAMENTARY
DEBATES
I N
ENGLAND;
FROM
The YEAR M,DC,LXVIIL
To the prefent Time.
V O L. V.
Printed in the Year, M,DCC,XLI.
t>
CONTENTS.
PRO,CEEDINGS in the ScoUb Parllamenc
relating to the Union. Page i
The petition of Lauder againft the Union. lo
Lord Belbaven*s> fpeech . 1 5
Bill for the fecurity of the Scotch Church. ^y
An account of the burning the articks of Union ac
Drumfreis, ^^
The reprefentation and petition of the General Af-
fembly of the Church of Scotland 6'S
The articles of Union. 72
Proceedings of the Englijh Parliament. 9
The Earl of Nottingham^ s> fpeech about the Union
lOI
The Queen's fpeech to both houfes. 102
Ad for the fecurity of the Church of England, 104
Aproteft of the Lords concerning the faid bill, ibid.
Sir John Packington^s fpeech concerning the Union
105
Lord Haverjham's fpeech concerning the Union.
no
Lord North and Gray*s fpeech. 1 1 5
The Earl of Nottingham's fpeech. 1 1 6
Lord Halllfax\ fpeech. ibid.
Earl of Rochefter's fpeech about the Scotch Peers.
The Earl of IVhartonh fpeech. 1 1 8
The Bifhop o^ Bath and JVeWs fpeech. 1 19
The Earl of Nottingham's fpeech. ibid.
The treaty of Union approved by the Lords. 120
The Lords proteft againft approving the articles.
121
The Commons refolution in favour of the univer-
Citks of England, 123
Lords proteft againft the ratification of the Union.
126
A 2 The
CONTENTS.
The Duke of Devon/hirers fpeech. og^
The Duke o^ Shrewsbury's fpeech. /^/^
The Earl Rivers's fpeech. ogj.
The L.ord Keeper's fpeech to the Earl of Peter-
borough^ returning him the thanks of the houfeof
Lords. 288
The Earl of Peterborough's anfwer. o8q
A proteft of the Lords againft rejedling the peti-
tions of the Earl of Galway and Lord Tyrawley,
390
Proteft of the fame Lords, againft the refolution
of the houfe cenfuring the condudl of Lord G^/-
'ze^^^yand Lord Tyrawley, 391
A proteft againft a refolution of the houfe cenfuring
the condudl of the late Miniftry. ^X^^^
The Earl of Galway's reply to the Earl of Peter-
borough's anfwers to the five queftions. 394
Proceedings of the houfe of Commons againft
Mr. Walpole. 4x0
A fpeech againft him in that houfe. 41 1
A bill to tolerate epifcopacy in Scotland ordered to
to brought in. 410
A debate in the houfe of Commons about the Duke
of Marlborough 420
Refolutions againft him. 42 1
Proceedings of the Commons on the bill in favour
of epifcopacy in Scotland. 422
The reprefentation and petition of the CommifTioners
of the General Afiemblyof the Church o^ Scotland
to the Queen. 42^
Votes of the houfe of Commons againft Lord
Townjhend with relation to the Barrier treaty.
433
A letter of the States-General to the Queen about the
Barrier- Treaty, ibid.
Refolutions of the houfe of Commons about the
ftate of the war in Spain and Portugal 437
A fpe-
CONTENTS.
A rpecific explanation of the offers of France for a
general peace. 4^1
The Lords addrefs concerning them. 445
Reprefentation of the Commons to the Queen con-
cerning the war. ^,y
Votes of the Commons againft the re-elec1:ion of
Robert Walpole^ Efq; ^5^
A bill to reftore patrons to their antient rights in
Scotland, ^5^
An account of lay patronages in Scotland, 473
A bill to repeal a Scotch a6t for difcharging the Tule
Vacance, .g^
P A R L I A^
( I )
Parliamentary Debates-
proceedings in the Scotch Parlia^
ment relating to the Union,
THE CommifTioners of both kingdoms hav-
ing prepared a compleat fcheme of an en-
tire Union between the two nations, fome particu-
lars being only referred to be fettled by their re-
fpedlive Parliaments ; when every thing was a-
greed to, they prefented one copy of the treaty to
the Queen, and each fide had a copy, to be pre-
fented to their refpedlive Parliaments, all the three
copies being figned by the CommifTioners of
both kingdoms : It was refolved to lay the mat-
ter firfl before the Parliament of Scotland^ be-
caufe it was apprehended it would meet with the
greateft oppofition there. Accordingly, when
the Scotch Parliament met on the 3d of O^lober^
his Grace James Duke of ^eensbury, her Ma-
jefty's High CommifTioner, went to the Parlia-
ment houfe, attended by mofl of the Nobility,
Barons and Members of Parliament, where his
Grace's commiflion was read and recorded as
ufual. After which, her Majefty's letter to the
Parliament was read as follows.
ANNE R.
My Lords and Gentlemen^
* O INCE your laft meeting, we did nominate Queen's
* 1^ CommifTioners to treat ot an Union betwixt ^"/^'p^jj^*
* our two kingdoms of Scotland and England^ uamem.
Vol. V. B * and
Parliamentary A. 1705.
and by their great care and diligence, a treaty is
happily concluded and laid before us.
' We have called you together as foon as our
affairs could permit, that the treaty may be un-
der your confideration, in purfuance of the adt
made in the lafh feflion of our Parliament there »
and we hope the terms will be acceptable to you.
* The Union has been long defired by both nati-
ons, and we fhall efteem it the greateft glory of
our reign, to have it now perfe6led, being fully
perfuaded, that it muft prove the greateft happi-,
nefs of our people.
' An entire and perfect Union will be the folid
foundation of lafting peace : It will fecure your
religion, liberty and property, remove the ani-
mofities among your felves, and the jealoufies and
differences betwixt our two kingdoms : It muft
increafe your ftrength, riches, and trade : And
by this Union the whole ifland, being joined in
affe6lion, and free from all apprehenfion of diffe*
rent interefts, will be enabled to refift all its ene-
mies, fupport the Proteftant intereft every where,
and maintain the liberties of Europe.
' We do upon this occafion renew the affurances,
we have formerly given you, of our refolution
to maintain the government of the Church, as by
law eftablifhtd , in Scotland^ and the a6ls of both
Parliaments, upun which this treaty proceed-
ed, having referved their refpeflive govern-
ments of the Church in each kingdom *, the Com-,
mifiioners have left that matter entire ; and you
have now an opportunity for doing what may be
neceffary for fecurity of your prefent church govern-
ment, after the Union, within the limitsjof 6V^//^;;^.
' The fupport of our government, and your own
fafety does require, that you do make neceffary pro-
vifion for maintaining the forces, fhips and garri-
fons, until the Parliament of Great-Britain fhall
provide for thefe ends in the united kingdom.
•We
A. 1706. DEBATES.
« We have made choice of our right trufly, and
« right entirely beloved Coufin and Counfellor,
* James Duke of ^eenshur)\ to be our Commif-
* fioner, and reprefent our royal perfon, being
* well fatisfied with his fitnefs for that truft, from
* the experience we have of his capacity, zeal and
* fidelity to our fervice, and the good of his coun-
* try ; which, as it has determined us in the choice,
« we doubt not but will make him acceptable to
* you.
My Lords and Gentlemen^
' It cannot but be an encouragement to you to ^'
* nifh the Union at this time, that God Almighty has
* blelTed our arms, and thofe of our Allies, with
' fo great fuccefs, which gives us the nearer pro-
' fped of a happy peace, and with it you will have
' the full pofieflion of all the advantages of this
* Union ; and you have no reafon to doubt but the
* Parliament of England will do what is neceflary
* on their part, after the readinefs they have fhown
* to remove what might obftru6l the entring on the
* treaty. We moft earneftly recommend to you
* calmnefs and unanimity, in this great and weighty
' affair, that the union may be brought to a happy
' conclufion, being the only effe6tual way to fecure
' your prefent and future happinefs, and to difap-
' point the defigns of our and your enemies, who will,
' doubtlefs, on this occafion, ufe their utmoftendea-
' vours to prevent or delay this Union, which mufl ^o
* much contribute to our glory, and the happinefs of
' our people : And fo we bid you heartily farewel.
Given at our court at Windfor Caftle, the thirty
fir ft day <?/ July, 1706. and of our reign the
fifth year.
By her Majefty*s Command.
B % The
4 Parliamentary A. 1706.
The Letter being read, his Grace the Duke of
^eenshury^ her Majefly's High Commifllonerj
fpoke as follows.
My Lords and Gentlemen^
High Com- < y 1" E R Majefty, by her gracious letter, has ac-
H
Speech. ' jn quainted you, that the treaty of Union be-
' tween the kingdoms of Scotland and England (pur-
' fuant to an acl made in your laft feflion) has been
* happily agreed on, which is now in my LordRe-
' gifter's. hands, ready to be laid before you.
* The Lords Commiflioners for this kingdom
* have been diligent and zealous in concerting juft
* and reafonable terms \ and it muft be acknow-
' ledg'd, we meet with a very fair and friendly dif-
* pofition in the Lords Commiflioners on the other
* part.
' The treaty has, with all humility, been pre-
* fented to the Queen, and was moft gracioufly re-
' ceived •, and tho' no reign was ever fo truly great,
' for wife and ileady Councils, and fo manyimpor-
* tant fucceffes, as that of her Majefty, yet, you
* fee, flie is pleafed to efteem the perfedling of this
' Union, as the greateft glory of her reign, being
* the moft folid foundation of a lafting fecurity to
' the Proteftant religion, and the liberties of
* Europe^ and of Peace and Happinefs to her
* People.
' Thefe reafons, I doubt not, will make the
* treaty acceptable to you ; and I perfuade my
* felf that you will proceed with fuch calmnefs and
* impartiality, as the weight of the fubjefl requires,
* and as becomes fo great an alTembly.
* The Lords Commiflioners for both kingdoms
* were limited in matter of church government ;
' for the fecurity of Presbyterian government in
' this Church, you have the laws already made for
* its eftabliftiment, the Queen's repeated aflurances
' to
A. 1706. DEBATES. 5
< to preferve it, and I am empowered to con-
< fent to what may be further neceflary after the
< Union.
* Her Majefty has been pleafed to recommend to
' you to make provifion for the forces, fhips, and
* garrifons, which is very neceflary, the Subfidies
' granted at your laft meeting being run out 5 fo I
* doubt not you will fpeedily renew them.
My Lords and Gentlemen^
' I am not infenfible of the great difficulties that
* attend the weighty character, it has pleafed jier
* Majefty to honour me with, bur, with your fa-
' vourable aftiftance upon which I very much rely,
' I hope, by my zeal and fidelity for her Majefty 's
* fervice, and the good of my country, which are
* infeparable, to difcharge my duty on this extraor-
' dinary occafion.
His Grace had no fooner done, than the Earl of
Seajield^ Lord High Chancellor, fpoke to them m
this manner.
My Lords and Gentlemen^
' TT hath been, and is the greateft happinefs ofL.chancei-
' X this nation, that the Queen our Sovereign, hath ^°'''^P''''''*
' always made the chief defign of her reign, to
* proted: her fubjeds in the enjoyment of all their
' rights and privileges, to promote their good, and
' to eftablifh their peace and profperity upon fure
^ and lafting foundations.
* For thefe ends, her Majefty, in her moft gra-
' cious letter, doth, with great earneftnefs, recom-
' mend to you the concluding of the Union of the
' two kingdoms, and has plainly and fully laid be-
' fore you the great advantages that this Union muft
* bring with it to all Britain^ and in particular to
^ this kingdom.
B 3 ' The
Parliamentary A. 1706.
* The Lords CommifTioners named by her Ma-
jefty to this kingdom, to treat of this Union, have
endeavoured to difcharge this great trufl with all
fidelity, and have agreed to fuch terms and con-
ditions as I hope Ihali be found juft and honourable
and advantageous : The treaty has been already
received very gracioufly by her Majefty, and is
now ready to be reported to you, for your con-
fideration.
' I do not think it proper, at this time, to defcend
into the particular articles of this treaty ; I fhall
only beg leave to fay in general, that it muft be
of great advantage to have this whole ifland united
under one government, and conjoined entirely in
intereft and affection, having equality of all rights
and privileges, with a free communication and in-
tercourfe of trade, which muft certainly eftablifh
our fecurity, augment our ftrength, and increafe
our trade and riches.
' We can never expe6l a more favourable jundture
for compleating this Union, than at prefent, when
her Majefty has not only recommended it but
declared, that ftie will efteem it the greateft glory
of her reign, to have it perfected ; and when the
Parliament oi England has ftiewn its inchnations
for it, by removing all thofe obftacles that did lie
in the way of the treaty : And it muft alfo be ac-
knowledged that the Lords CommifTioners for
England did teftify their good difpofition all along
in this affair : And the great and glorious fuc-
ceiTes wherewith God has bleffed her Majefty's
arms, and thofe of her allies, give us the hope
of a near and advantageous peace, whereby we
we will be put in poffeffion, and attain to the
full enjoyment of all the liberties and privileges of
trade, now offered by the treaty.
' The CommifTioners of both fides have only
treated of fuch things as concern the civil go-
vernment, liberties, privileges, trade, and taxes ;
' but
A. 1706. DEBATES. 7
< but found themfelves limited as to the church-
« government, that being referved to each king-
* dom by the refpedive adts of Parliament, upon
* which the treaty proceeded ; and you have now
* not only the laws already made, with her Ma-
* jefty's muft gracious, repeated alTurance, for main-
' raining and continuing prefby terian church-govern-
' ment within this kingdom : but this further oppor-
* tunity of making fuch conditions and provifions,
' as Ihall be found necelTary for its fecurity, after
' the conclufion of this Union, within the limits of
* Scotland.
* Her Majefly recommends to you, to provide
' the neceflary fupplies for the troops, garrifons
* and fhips ; the funds formerly given, are ex-
* pired ; and therefore I doubt not but you will
' eafily comply with what is fo plainly necefTary,
' for the prefervation of the publick fafety, and
' preventing the defigns of enemies now in time of
' war.
' Since we have now the opportunity of eftablifh-
' ing for our felves and our pofterity, by this Union
' with England^ all that concerns our religion and
' liberties, together with the moft valuable privi*
* leges of trade, I am hopeful that you will proceed
' to the confideration of the articles of the treaty,
* in fuch manner as lliall bring it to the defired con-
^ clufion \ and it cannot but tend to the lading ho-
' nour of this fefTion of Parliament, to havefohap-
* pily finifhed this moft important and weighty
' matter.
On the 1 2th, it was moved, « That the * Articles Proceeding*
' of the Union, carried on by the Commiflioners of '^;;/„;^'
* both kingdoms, fhould be read, asalfo the Minutes
* of the faid Commiflioners. And they ordered that
* Thefe articles, with the alterations and amendments made
to them, will be found at the end of the proceedings of both
Parliaments concerning the Union.
B 4 'all '
Parliamentary A. 1706.
^ all records, relating to former treaties between both
^ kingdoms, fliould be laid before the houfe -, and
« that in the intervals of Parliament, they fhould be
« feen in the lower Parliament, where fome of the
• Lord Regifter's fervants were to attend.' And the
Articles of Union being accordingly read again, it was
agreed, ' That the Parliament fhould proceed to the
« confideration of them.*
On the 15th, when they debated the vote of the
1 2th, to proceed to confider the Articles of the Union^
or delay ; the country party argued for a delay :
But, being put to the vote, it was carried proceed,
year's 116, no^s 52 ; fo that it was carried by 64.
On the 1 6th, they read the firft eight articles of
the treaty, and the proceedings of the CommifTioners
relating to them ; and on the 19th, the IXth, Xth,
Xlth, Xllth, Xlllth, and XlVth, were all feve-
rally read, with the proceedings of the CommifTioners
in the treaty relating to them •, and were all difcourfed
on. Then the XVth article was read, with the pro-
ceedings relating to it : And after fome reafoning,
there arofe a debate about the calculation of the fums
therein mentioned ; which was adjourned till the
next meeting. The calculations debated, were about
the equivalent of 398080/. 10 s. to be granted to
Scotland^ for coming in to feveral cuftoms, now
payable in England^ and applicable towards pay-
ment of the debts of England^ contradted before
the Union ; according to the proportions which the
prefent cuftoms in Scotland^ being 30000/. per
annum^ did bear to the cufloms in England^ com-
puted at 1 35 1 559 /. per annum ; and which the pre*
fent excife m Scotland^ being 33500/. per annum^
bears to the excife in England^ computed at 947602 /,
per annum.
On the 2 2d, the debate about the calculation of
the equivalent of 398080/. lo^. was refumed ;
and after fome time fpent upon it, it was agreed
to name a Committee of three perfons of each
ftate.
A. 1706. DEBATES.
flate, to proceed and examine the faid calculation,
and to report the fame to the Parhament. Then
feveral paragraphs of the XVth article were read
again, and further argued on. The XVIth and
XVIIth articles were alfo read ; and with the pro-
ceedings of the Commiflloners relating to them,
were alfo argued upon. So was the XVlIIth ar-
ticle, and the proceedings relating to it, and after
fome difcourfe upon it, the further confideration of
this article was delayed till the next fitting ; the
fame day feveral m.embers fpoke to the equivalent
and trade in general, and to that of the African
company in particular : Upon the latter, there were
two motions made, one, that the Parliament fhould
infift upon a compenfation of all the loiTes the
Darien company had fuftained, fince thofe lofTes
were occafioned by the undue intermeddling of -E/i-^-
land^ as appeared by former votes of the Parliament
of Scotland. The other was, that feeing the equi-
valent to be given to the proprietors ofthe^nV^»
company, was not to be paid by England^ but out
of the Scots cuftoms and excife, that therefore the
property of that company ought to belong to the
kingdom of Scotland., as a national company, and
not be abandoned until the nation faw a proper oc-
cafion, and an adequate price for it. Both thefe
motions, and feveral others of the like fort were
laid upon the table, to be confidered when the
articles to which they related were taken into confi-
deration.
On the 23d the XVIIIth article of the Union was
again read, when it was moved, that the Englijh
laws concerning the regulation of trade, ^c. to
which Scotland., by virtue of the treaty, was liable,
be printed. Moved alfo, that the Englijh book
of rates, with the abridgment of the laws relating
thereunto, be printed. Moved alfo, that it be re-
mitted to a Committee of Parliament, to caufe fuch
of the faid laws to be printed as they Ihall fee
10 Parliamentary A. 1706.
juft, or to report to the Parliament. And after fome
debate upon it, the further confideration of it was
delayed till the next fitting.
On the 29th, the day that the 19th, 20th and
2 1 ft articles were read and debated, and that the
2 2d and 23d were read, a print was delivered to
all the members as they entered the houfe, which
ran in thefe words.
lnJlru5iions by the Magift rates and Town-Council of
the Burgh of Lauder, to their Commijfioner in Par-
liament^ in relation to the Union proposed betwixt the
Kingdoms of Scotland and England.
li'llfder^ A ^ Lauder the 23d day of 05lober^ 1706
ageinfttiTe ' xjL Year, the which day the Bailiffs and Town -
Union. ( Council of the Burgh of Lauder^ being convened
* in council within the Tolbooth of the faid Burgh,
* having received a letter directed to them from the
* right honourable Sir Samuel Mackcallon^ Lord
* Provoft of Edinburgh^ dated the 1 5th day of Oc-
* tober inftant, calling and indiding a general con-
* vention of the royal boroughs, to be holden and to
* fit at Edinburgh^ upon the 29th day of this inftant
' 05iober^ and intreating to fend a commiflioner to
* the faid convention, fully inftru6led, in relation
* to the Union propofed betwixt the kingdoms of
* Scotland and England^ ^c. as the faid letter bears.
* And the faid letter, with the articles of -the faid
* propofed Union, being both verbatim publickly
* read, in prefence of the bailiffs and council and all
* the other burgeffes, inhabitants of the faid burgh,
* allowed by the bailiff^s and council in this fo great
' concern, to be there prefent, and to give their o-
* pinions. It was unanimoufly agreed to by the
* bailiffs and council, with confent of their neigh-
* bouring burgeffes, that Sir David Cunningham of
* Milncraig^ Knight and Baronet, and their com-
* mi/Tioner and reprefentative in this prefent Parlia-
' ment.
A. 1706. DEBATES. 11
* ment, (hould be their Commiflioner in the forefaid
' general convention of boroughs, in the terms of
' their CommifTion of the date hereof. And being
' fully convinced, that albeit their CommifTion for
' reprefenting them in this current Parliament, be
' conceived in the moft full and ample terms ima-
* ginable, yet the fame can never impower him to
* a6l or vote any thing, which may tend to the im-
* pairing or fubverting, or altering any manner of
* way his conftituents conftitution, rights or privi-
' leges, without their particular and unanimous con-
' fent given him for that efre6l. And having like-
' wife ferioufly confidered the feveral and particular
' articles of the faid propofed Union, and that they
* look upon themfelves as bound in duty, at this
* time, to give their opinion in relation to the Union
' propofed, do therefore unanimoufly give it as their
' humble opinion, that the devolving the powers of
* the Scots Parliament into the hands of a fmall num-
' ber of Lords, Barons and Boroughs, allowed by
* the faid propofed articles to fit and vote with the
' whole Lords and Commons of England^ in a Par-
' liament to be called the Parliament of Great- Bri-
' tain^ is difhonourable and prejudicial to the King-
' dom of Scotland, tending to the deftrudion of their
* antient conftitution, and all their rights and privi-
' leges, as a free people in general, and to every in-
' dividual perfon and fociety within the fame, efpe-
* cially that of the boroughs.
* Therefore, unlefs it fhall be firft agreed to in
* this prefent Parliament, or any other before the
' faid Union, that the Scots Parliament fhall continue
' in all time hereafter as formerly, and the lav/s
* and fubjeds of Scotland fhall be only fubjedled to
* the wifdom of a Scots Parliament, conftituted ac-
* cording to the laws of the faid kingdom : The faid
* bailiffs and council, with confent of their burgeffes,
* have impowered, authoriz'd and required, and
* hereby impower, authorize and require, the faid
'Sir
12 Parliamentary A. 1706.
* Sir David Cunningham^ their Commiflioner in this
* prefent Parliament for them, and in their names
* and behalf, in open and plain Parliament, by his
* vote to difTent to, and difapprove of all and every
' one of the articles of the faid propos'd Union. And
* in cafe the faid Sir David jfhall not follow and obey
* thefe our inftru6tions, we proteft, that his vote in
' the contrary thereof is null, being not only contra-
* ry to his conftituents their inftrudions, but like-
* wife tending to the impairing and fubverting of
* their conftitution and privileges : But in cafe it
* fhall be firft agreed to, by this or any fucceeding
' Parliament, that this and the fucceeding Parliament
' Ihall continue as formerly, we then promife to give
* him, or any other our commiflioner for the time,
< our particular inftrudions, as to the other feveral
' articles of the faid propos'd Union. And that
' this our opinion and proceedings may be made
* known to our brethren the other royal boroughs,
' we have ordered thefe prefents to be publickly
* printed and difperfed among them. In teftimony
* whereof the faid Sir David Cunninghajn^s commifli-
' on to the royal boroughs, and thefe his inftrudlions
* to the Parliament, being fubfcribed by the bailiffs
* in prefcnce of, and at the command of, the coun-
' cil, are extraded forth of the town court books of
* the borough of Lauder^ by Mark Henderfon, com-
* mon clerk of the fame, and the common feal of
' the faid burgh is hereunto affixed.'
Sic fuhfcrihitur^
M. Henderfon, Clerk.
The fame day, Mr. Fletcher of Sallon took the
freedom to fay in Parliament, that the intereft and
honour of the nation was betrayed by their com-
miflioners. This occafioned a great heat in the
houfe, and it was demanded that he fhould be called
to the bar; upon which feveral members of all
ranks flood up to vindicate what he had faid : And
afrer
A. 1706. DEBATES. 13
after a long debate it was propofed, that he fliould
explain himfelf. The explanation which he gave
was to this effefl. That he could find no other
name but treachery to the adings of thofe gentle-
men : He did indeed acknowledge that the word
was harfh, but it was truth •, and if the houfe
thought he had committed any offence by the ex-
prefTion, he was willing to fubmit to their cenfure i
upon which the debate was let fall.
When the article about the number of Scots Lords
and Commons, that were to be admitted to the
Parliament of Great Britain^ and the proceedings
of the commiflioners relating to the fame, were
read, there were fharp fpeeches on both fides, par-
ticularly betwixt the Marquis of Annandale and
Earl of Stair^ by Mr. Fletcher of Saltan^ the Lord
Juftice Clerk, and Sir A. Hume. And the Duke of
Hamilton concluded with one, wherein many doubts
were propos'd about the quota of the Scots Lords and
Commons, and the yielding the precedency of the
Scots Peers, to all the Englijh of the fame rank •, to
which no anfwer was given, nor any vote propofed
that night, fo that they adjourn'd.
It mud be owned that thofe who oppofed the
Union, left no done unturned to carry their point -,
they and their emiflaries talked of addreffes from
all the corners of the kingdom againfl the prelent
fcheme, wherein they pretended not to be againfl:
an Union, but againfl the terms, as propos'd in the
prefent articles \ fo that many of the traders, who
at firfl feem'd fond of it, now imbib'd other no-
tions, and pamphlets were fpread about to perfuade
the Presbyterians, that this fcheme was contrary to
their national and folemn league and covenant,
and that by the facramental tefl, which was efla-
blifh'd in England^ they would be excluded from all
public pofls in the government of Great Britain :
And others pretended to allure them, that if they
made
14 Parliamentary A. 1706.
made the repeal of that Teft a condition of the Union^
it would be complied with in England.
The Parliament having read the XXIVth and
XXV th, being the two laft articles, on the 30th,
they adjourn'd to Nov. ifl.
The Parliament went thro' with the firft reading
of the articles of the Union, laft month, and on
the ?^v?i o^ November it was moved, that they fhould
then proceed to the further and more particular con-
fideration of the articles of Union, in order to ap-
prove or not, and to begin with, and read the firft
article. Moved alfo, that the further confideration
of the articles of Union fhould be delayed for fome
confiderable time, till the fentiments of the Parlia-
ment of England concerning it be known ; and that
the members of Parliament might confultthofe whom
they reprefented. And after fome debate on thofe
motions, feveral petitions and addrefles were prefent-
ed, viz. One in the name of the Barons, Free-
holders, and others within the fhire o^ Midlothian :
Another in name of the Barons, Freeholders, and
others within the fliire of Linlithgow : And three in
name of the Barons and Freeholders of Perth-Jhire :
All again ft allowing of an incorporating Union with
England ; and read and difcourfed on. And there-
after, the debate for delay, on account of confulting
of thofe whom the members reprefented, and of
knowing the fentiments of the nation, and the pro-
cedure of the Parliament of England^ was let fall,
and agreed that the firft article of the Union (hould
be read \ but that it ftiould be entire next Sederunt
of Parliament, to debate whether or not the firft
article ftiould be concluded, by approving thereof,
or not. Or if the Parliament might not, before
concluding thereof, begin with and conclude any
other of the articles. And accordingly the firft ar-
ticle was read. The reft of the day was fpent in
reading and reafoning on the addreffes ; the country
party argued, that the Union was a matter of fo
great
A. 1706. DEBATES. 15
great and general concern, that it was not to be
gone into with precipitation, and that there were
many more addreffes coming, by which they would
iee the inclinations of the country, and of their
conftituents. After this feveral other propofals were
offered as preliminaries, before they fhould enter up-
on the treaty; one of which was, that this kingdom
fhould; for ever be the place of the Prince's education
and refidence ; then thiere was a debate, whether
they fhould proceed immediately to the confide-
ration of the firft article of the treaty, or the fe-
curity of the church. This lafted till night, and
then the Parliament was adjourned till next day,
when accordingly they met, and had a very warm
debate, whether they fhould firft fecure the Church,
or enter on the firfl article. Much time being
fpent in this, my Lord Regifter gave in a refolve
as the flate of the vote, that they fhould enter on
the article, but with this provifo, that tho* it fhould
be voted and approved, it fhould be no ways bind-
ing, except all the reft were agreed to. In oppo-
fition to this, it was propofed, that the flate of the
vote fhould be fimply, enter on the article, or firfl
fecure the Church. A great many fpoke for both
ilates of the vote •, but being put to the queflion,
the Lord Regifter's was carried by a majority of 38,
and then approved by a greater number. After
this there were long and fmart fpeeches, fro and con
on the fubjed, particularly by the Lord Belhaveny
and Mr. Fletcher of Salt on.
My Lord Chancellor^
* T T 7 HE N I confider the affair of an Union be- Lord Bei^
* V V twixt the two nations, as it is expreffed in 1"^^^^'"
* the feveral articles thereof, and now the fubjed: of
^ our deliberation at this time ; I find my mind
* crowded with variety of melancholy thoughts,
* and I think it my duty to difburden my felf of
* fome of them, by laying them before, and ex-
* pofmg
i6 Parliamentary A. 1706.
^ pofing them to the ferious confideratlon of this
' honourable houfe.
' I think I fee a free and independent kingdom de-
' livening up that, v/hich all the world hath been
' fighting for fince the days of Nimrod ; yea, that
*• for which moil of all the empires, kingdoms,
* ftates, principalities, and dukedoms of Europe^ are
* at this very time engaged in the moft bloody and
' cruel wars that ever were, to wit, a power to
* manage their own affairs by themfelves, without
' the afTiflance and counfel of any other.
' I think I fee a national churchy founded upon a
'rock, fecured by a claim of rights hedged and
* fenced about, by the ftri6lefl and moft pointed legal
* fandtion that fovereignty could contrive, volunta-
' rily defcending into a plain, upon an equal level
' with Jews^ Papijts^ Socinians, Arminians, Ana-
' haptifis^ and other fedlaries, i^c,
' I think I fee the noble and honourable Peerage of
* Scotland^ whofe valiant predecefTors led armies
' againft their enemies, upon their own proper
* charges and expences, now divefted of their fol-
' lowers and vaffalages, and put upon fuch an equal
' foot with their vafTals, that I think I fee a petty
' EnglifJj excifeman receive more homage and re-
' fped, than what was paid formerly to their ([uon-
* dam Mackallamores.
' I think I fee the prefent Peers of Scotland^ whofe
' noble anceft'ors conquered provinces, over-run
' countries, reduced and fabje6led towns and for-
' tified places, exai^led tribute through the greateft
* part of England^ now walking in the court of Re-
« quefts like fo many Englifh Attorneys, laying afide
* their walking- fwords when in company with the
* Englijld Peers, left their felf-defence fhould be found
' murder.
M think I fee the honourable eft ate of Barons^ the
* bold affertors of the nation's rights and liberties
* in the worft of times, now fetting a watch 'upon
< their
A. 1706. DEBATES.
« their lips, and a guard upon their tongues, left
< they be found guilty of fcandalum magnatum.
*• I think I fee the royal ftate of boroughs walk™
* ing their defolate flreetSj hanging down their
< heads under difappointments, wormed out of all
« the branches of their old trade, uncertain what
« hand to turn to, neceflltate to become 'prentices to
« their unkind neighbours ; and yet after all, finding
« their trade fo fortified by companies, and fecured
« by prefcriptions, that they defpair of any fuccefs
* therein.
^ I think I fee our learned Judges laying afide
* their pradiques and decifions, ftudying the com-
« mon law of England, gravelled with certioraries^
' nift prtus\ writs of error, verdi3fs indovar, ejec^
' ttonefirm^, injunmons, demurs, &>c. and frighted
' with appeals and avocations, becaufe of the new
' regulations and redifications they may meet with.
* I think I fee fhe valiant and gallant foldiery either
' fent to learn the plantation- trade abroad ; or at
' honie petitioning for a fmallfubfiftance, as the re-
' ward of their honourable exploits ; while their
* old corps are broken, the common foldiers left to
■ beg, and the youngeft Englifh corps kept flanding.
' ^ I think I fee the honeft induftrious tradefman loaded
* with new taxes and impofitions, difappointed of
the equivalents, drinking water in place of ale,
eating his faklefs pottage, petitioning for encou-
ragement to his manufaduries, and anfwered by
counter-petitions.
' .In lliort, I think I fee the laborious ploughman,
with his corn fpoiling upon his hands, for want of
fale, curfing the day of his birth, dreading theex^
pence of his burial, and uncertain whether to marry
or do worfe. '
* I think I fee the incurable difficulties of the
landed men, fettered under the golden chain of
equivalents, their pretty daughters petitioning
Vol. V. C "^ . fo?
17
jg Parliamentary A. 1706,
< for want of hufbands, and their fons for want of
* employment.
* I think I kt our mariners delivering up their
< fhips to their Dutch partners •, and what through
- prefles and neceflity, earning their bread as un-
* derlings in the royal Englijh navy.
' But above all, my Lord^ I think I fee our ancient
« motherCALEDONIA, Yikc C^far, fitting in
« the midft of our fenate, rufully looking round
* about her, covering herfelf with her royal garment,
« attending the fatal blow, and breathing out her
* laft with an Et luquoque mifli.
* Are not thefe, my Lord^ very afflidling thoughts ?
* And yet they are but the leaft part fuggefted to me
' by thefe difhonourable articles. Should not the con-
* fideration of thefe things vivify thefe dry hones of
* ours ? Should not the memory of our noble prede-
' ceifors valour and confiancy rouze up our drooping
* fpirits ? Are our noble predecelTors fouls got fo
* far into the Englijh cahhage-ftock and colliflowers^
* that we fhould fhew the leaft inclination that way ?
* Are our eyes fo blinded ? Are our ears fo deafned ?
' Are our hearts fo hardened ? Are our tongues fo
* faltered ? Are our hands fo fettered, that in this our
* day, I fay, my Lord^ that in this our day^ wejhould
* not mind the things that concern the very being and
' well-being of our ancient kingdom ^ before the day be
* hid from our eyes ?
' No, my Lord^ GOD forbid ! man^s extremity, is
* GOD'S opportunity : He is a prefent help in time of .
« need, and a deliverer, and that right early. Some
* unforefeen providence will fall out, that may caft
' the ballance ; fome Jofeph or other will fay. Why
* do ye ftrive together, ftnce you are brethren ? None
* can deftroy Scotland, fave Scotland itfelf ; hold
* your hands from the pen, you are fecure. Some
' Judah or other will fay, let not our hands be upon
^ the lad, he is our brother. There will be a J E^
* HOVAH-J IREH^ and fome ram will be
A. 1706. DEBATES.
< caught in the thicket^ when the bloody knife is at
« our mother's throat. Let us up then, my Lord^
« and let our noble patriots behave themfelves like
« men, and we know not how foon a bleffing may
* come. °
*^ My L%rd^ I wifh from my heart, that this my
* vifion prove not as true, as my reafons for it are
^ probable : I defign not at this time to enter into
' into the merits ofany one particular article-, I intend
' this difcourfe, as an introdudlion to what I may
' afterwards fay upon the whole debate, as it falls
' in before this honourable houfe ; and therefore,
^ in the farther profecution of what I have to fay,
^ I fhall infill upon few particulars, very neceffary
I to be underflood, before we enter unto the detail
' of fo important a matter.
* I fhall therefore, in the firftplace^ endeavour to
' encourage a free and full deliberation, without
' animofities and heats: In the next place ^ I fhall
■ endeavour to make an enquiry Into the nature
■ and fource of the unnatural and dangerous divi-
■ fions that are now on foot within this ifle, with
■ fome motives fhewing, that it is our intereft to lay
them afide at this time : Then I Ihall enquire in-
to the reafons, which have induced the two na-
tions to enter into a treaty of Union at this time,
with fome confiderations and meditations, with
relation to the behaviour of the Lords Commif-
fioners of the two kingdoms, in the management of
this great concern. And laftly, I fhall propofe a
method, by which we Ihall moil diflindly, and
without confufion, go through the feveral ar-
ticles of this treaty, without unneceflary repeti-
tions or lofs of time. And all this with all defe-^
rence, and under the corredlion of this honour-
able houfe.
* My Lord Chancellor^ the greateft honour that was
done unto 2iRomarj^ was to allow him the glory of
a triumph ; the greateft and moft diihonourable
C 2 * punifli-
10
i2o Parliamentary. A. 1706.
* punifhment, -wzs th^t of parricide : He that was
* guiky of parricide^ was beaten with rods upon his
* naked body, till the blood gufhed out of all the
* veins of his body ; thed he was fowed up in a
* leathern fack, called a Culeus^ with a cock, a
* viper, and an ape, and thrown headlong into
* the fea.
* My Lord^ patricide is a greater crime than
* parricide^ all the world over.
* In a triumph, 7ny Lord^ when the conqueror
* was riding in his triumphal chariot, crowned
« with laurels, adorned v/ith trophies, and ap-
* plauded with huzza's, there was a monitor appoint-
* ed to ftand behind him, to warn him, not to be
* high-minded, not puffed up with overweening
' thoughts of himfelf ; and to his chariot were tied
* a whip and a bell, to mind him, that for all his
' glory and grandeur, he was accountable to the
* people for his adminiftration, and would be pu-
* niflied as other men, if found guilty.
' The greateft honour amongft us, my Lord^ is to
* reprefent the Sovereign's facred perfon in Par-
' liament ; and in one particular it appears to be
* greater than that of a triumph ; becaufe the whole
* legillative power feems to be wholly entrufrcd
* with him : If he give the royal afifent to an a6l of the
' eflates, it becomes a law obligatory upon the fub-
* jed:, tho' contrary or without any inftrucSlions
* from the Sovereign : If he refufethe royal affent
* to a vote in Parliament, it cannot be a law, tho'
* he has the Sovereign's particular and pofitive in-
* itru6lions for it.
' His Grace the Duke of ^mnshur}\ who now
* prefents her Majefty in this feflion of Parliament,
* hath had the honour of that great trufl:, as often,
' if not more than any Scotch man ever had : He hath
' been the favourite of two fucceflive Sovereigns ;
' and I cannot but commend his conflancy and per-
' feverance, that notwithllanding his former difi-
' cuiues
A. 1706. DEBATES. 21
< culties and unfuccefsful attempts, and maugre fome
« other fpecialities not yet determined, that his Grace
* has yet had the refokition to undertake the moft
* unpopular meafures laft. If his Grace fucceed in
* this affair of an Union, and that it prove fqr the
* happinefs and welfare of the nation, then he
* juftly merits to have a ftatue of gold eredled for
* himfclf ; but if it fhall tend to the entire deflruc-
* tion and abolition of our nation ; and that we the
* nation's truftees wall go into it ; then I muft fay,
* that a whip and a bell, a cock and a viper,
* and an ape, are but too fmall punifhments for
* any fuch bold unnatural undertaking and com-
* plaifance.
' That I may pave a way, my Lord^ to a full,
* calm, and free reafoning upon this affair, which
* is of the laft confequence unto this nation j I fhall
* mind this honourable houfe, that we are the fuc-
* ceffors of our noble predeceffors, who founded our
* monarchy, framed our laws, amended, altered,
* and corredled them from time to time, as the af-
* fairs and circumflances of the nation did require,
< without the affiflance or advice of any foreign
« power or potentate, and who, during the time of
* 2000 years, have handed them down to us a free
« independent nation, with the hazard of their
< lives and fortunes : Shall not we then argue for
« that which our progenitors have purchafed for us
< at fo dear a rate, and with fo much immortal ho-.
* nour and glory ? God forbid. Shall the hazard
* of a father unbind the ligaments of a dumb fon's
* tongue ; and fhall we hold our peace, when our
* P atria is in danger ? I fpeak this, my Lord^ that
* I may encourage every individual member of this
* houfe, to fpeak their mind freely. There are
* many wife and prudent men amongft us, who
* think it not worth their while to open their
* mouths -, there are others, v/ho can fpeak very
* wellj and to good purpofe, who Ihelter themfelves;
C 3 I under
22 Parliamentary A. 1706.
« under the fhameful cloak of filence, from a fear
* of the frowns of great men and parties, I have
* obferved, my Lord^ by my experience, the greateft
* number of fpeakers in the mofl trivial affairs ;
* and it will always prove fo, while we come not to
* the right underflanding of the oath de fideli^
* whereby we are bound not only to give our vote,
* but our faithful advice in Parliament, as we fhould
' anfwer to God ; and in our ancient laws, the re-
* prefentatives of the honourable Barons, and the
* royal Boroughs are termed fpokefmen. It lies
< upon your Lordfhips therefore particularly to take
* notice of fuch, whole modefly makes them bafh-
* ful to fpeak. Therefore I fhall leave it upon you,
^ and conclude this point with a very memorable
* faying of an honefl private Gentleman to a great
* ^een^ upon occafion of a ftate-projedl, contrived
^ by an able flatefman, and the favourite to a great
* King^ againft a peaceable obedient people, becaufe
* of the diverfity of their laws and conflitutions.
^ If at this time thou hold thy peace ^ falvaiion Jhall
^ come to the people from another place ^ hut thou and
< thy houfe floall pertfh. I leave the application to
« each particular member of this houfe.
« My Lord^ I come now to confider our divijions,
* We are under the happy reign (blefTed be God)
* of the beft of ^.eens, who has no evil defign
* againfl the meanefl of her fubje6ls, who loves all
* her people, and is equally beloved by them again ;
* and yet that under the happy influence of our mofl
^ excellent ^^een there fhould be fuch divifions and
* fa6lions, more dangerous and threatning to her
* dominions, than if we were under an arbitrary
* government, is mofl flrange and unaccountable.
* Under an arbitrary Prince, all are willing to ferve
* becaufe all are under a neceffity to obey, whether
^ they will or not. He chufes therefore whom he
* willj without refpeft to either parties or fadions i
« and
A. 1706. DEBATES. 23
« and if he think fit to take the advices of his coun-
< cils or Parliaments, every man fpeaks his mind
< freely, and the Prince receives the faithful advice
* of his people without the mixture of felf-defigns :
* If he prove a good Prince, the government is
* eafy ; if bad, either death or a revolution brings
* a deliverance : Whereas here, my Lord^ there ap-
* pears no end of our mifery, if not prevented in
* time ; fadions are now become independent, and
' have got footing in councils, in Parliaments, in
* treaties, armies, in incorporations, in families,
* among kindred, yea, man and wife are not free
* from their political jars.
« It remains therefore, 7ny Lord^ that I enquire in-
< to the nature of thefe things, and fince the names
* give us not the right idea of the thing, I am afraid
' I fhall have difficulty to make my felf well under-
< flood.
' The names generally ufed to denote the fadions,
* are IVhig^ and ^ory^ as obfcure as that of Gtielfs
* and Gibelins : Yea, my Lord^ they have different
* fignifications, as they are applied to fadions in each
* kingdom •, a TVhig in England is a heterogeneous
* creature, in Scotland he is all of a piece ; a "Tory in
' England is all of a piece, and a Statefman in Scot-
' land^ he is quite otherways, an anti-courtier and
* anti-ftatefman.
* A IVhig in England appears to be fomewhat like
* Nehuchad7tezzar'*s image, of different metals, dif-
* ferent clafTes, different principles, and different
* defigns ; yet take them all together, they are like
* a piece of fine mixed drugget of different threads,
* fome finer, fome courfer, which after all make
* a comely appearance, and an agreeable fuit. 'Tory
* is like a piece of loyal made Englijh cloth, the
* true ftaple of the nation, all of a thread ; yet if
* we look narrowly into it, we fhall perceive di-
* verfity of colours, which according to the various
* fituations and portions, make various appearances 5
C 4 ! fome'%
24 Parliamentary A. 1706,
* fometimes ^ory is like the moon in its full, as ap-
* peared in the affair of the hill of occafional con-
^ formiiy ; upon other occafions it appears to be un-
^ der a cloud, and as if it were eclipfed by a greater
^ body, as it did in the defign of calling over the
* illuftrious Princefs Sophia. However, by this
* we may fee their defigns are to outfhoot PFhig in
^ his own bow.
Whig in Scotland is a true blue Preyhyterian^ who
* without confidering time or power, will venture
* their all for the Kirk : But fomething lefs for the
^ ftate. ^he greatefl difficulty is, how to defcribe a
* Scots Tory : Of old, when I knew them firil, Tory
* was an honeft hearted comradifh fellow, who
? provided he was m.aintained and protected in his
* benefices, titles and dignities by the flate, he was
* the lefs anxious who had the government and ma-
^ nagment of the Church : But now what he is fince
* Jure divinity came in fafhion, and that chriflianity,
* and, by confequence, falvation comes to depend
* upon epifcopal ordination, I profefs I know not
* what to make of him •, only this I mull fay for
^ him, that he endeavours to do by oppofition, that
* which his brother in England endeavours by a
^ more prudent and lefs fcrupulous method.
* Now, my Lord^ from thefe divifions, there has
* got up a kind of arijlocracy^ fomething like the
^ famous triumvirate at Rome ; they are a kind of
f undertakers and pragmatick ftatefmen, who find-
* ing their power and flrength great, and anfwer-
' able to their defigns, will make bargains with our
* gracious Sovereign ; they will ferve her faith-
^ fully, but upon their own terms •, they muft have
^ their own inftruments, their own meafures -, this
^ man mull be turned out, and that man put in,
f and then they will make her the moft glorious
f ^een in Europe,
f Where
A. 1706. DEBATES. 25
< Where will this end, my Lord ? Is not her Ma-
< jefty in danger by fuch a method ? Is not the mo-
« narchy in danger ? Is not the nation's peace and
* tranquillity in danger ? Will a change of parties
< make the nation more happy ? No, my Lordy the
< feed is fown, that is like to afford us a perpetual
* increafe ; its not an annual herb, it takes deep
' root it feeds and breeds ; and if not timely pre-
* vented by her Majefty's royal endeavours, will
* fplit the whole ifland in two.
My Lord, ' I think, confidering our prefent clr-
« cumftances at this time, the Almighty God has re-
* ferved this great work for us. We may bruife
* this Hydra of divifion, and crufli this Cockatrice*^
* egg. Our neighbours in England, are not yet fit-
* ted for any fuch thing -, they are not under the
* affliding hand of providence, as we are , their
' circumftances are great and glorious, their trea-
* ties are prudently managed, both at home and
* abroad, their Generals brave and valorous, their
* armies fuccefsful and vidtorious, their trophies
* and laurels memorable and furprizing ; their ene-
* mies fubdued and routed, their flrong holds be-
* fieged and taken, fieges relieved, Marlhals killed
* and taken prifoners, provinces and kingdoms are
* the refults of their vidlories ; their royal navy
* is the terror of Europe, their trade and com-
* merce extended through the univerfe, encircling
* the whole habitable world, and rendring their own
* capital city the Emporium for the whole inhabi-
' tants of the earth : And, which is yet more than
* all thefe things -, the fubjedls freely bellowing their
* treafure upon their Sovereign •, and above all,
* thefe vaft riches, the finews of war, and with-
' out which all the glorious fuccefs had proved abor-
* tive, thefe treafui-es are managed with fuch faith-
^ fulnefs and nicety, that they anfwer feafonably all
I their demands, tho' at never fo great a diftance.
f Upon
26 Parliamentary A. 1706.
* Upon thefe confiderations. My Lord^ how hard
' and. difficult a thing will it prove, to perfuade our
* neighbours to a felf-denying bill.
*• 'Tis quite otherwife with us, my Lord, we are
< an obfcure poor people, tho' formerly of better
< account, removed to a remote corner of the world,
< without name, and without alliances, our pofts
< mean and precarious ; fo that I profefs I don't
< think any one poft of the kingdom worth the bri-
* guing after, fave that of being Commiffioner to a
* long fefTion of a faclious ScoUb Parliament, with
< an antedated commiffion, and that yet renders the
* reft of the Minifters more miferable. What hin-
' ders us then, my Lord, to lay afide our divifions,
* to unite cordially and heartily together in our pre-
* fent circumftances, when our Allis at ftake ? Han-
' nibal, my Lord^ is at our gates, ^Hannihal is come
* within our gates, Hannibal is come the length of
' this table, he is at the foot of this Throne, he
* will demolifh this Throne ; if we take not notice,
* he'll feize upon thefe Regalia, he'll take them as
* our Spolia opima, and whip us out of this houfe,
' never to return again.
' For the love of God then, my Lord, for the
* fafety and wellfare of our ancient kingdom, whofe
* fad circumftances, I hope, we ftiall yet convert
* into profperity and happinefs ! we want no means,
* if we unite; God bleffed the peace- makers •, we
* want neither men, nor fufficiency of all manner
* of things neceffary, to make a nation happy ; all
* depends upon management, Concordia res farva
* crefcunt. I fear not thefe articles, tho' they were
* ten times worfe than they are, if we once cordially
' forgive one another, and that according to our pro-
< verb. Bygones be Bygones, and fair play for time to
* come. For my part, in the fight of God, and in
* the prefence of this honourable houfe, 1 heartily
* forgive every man, and beg, that they may do
' the fame to me s and I do moft humbly propofe,
^ that
A. 1706. DEBATES. 27
« that his Grace my Lord Commijfioner^ may appoint
< an Agape^ . may order a love-feafl for this honour-
< able houfe, that we may lay afide all felf-defigns,
* and after our fafts and humiliations, may have
< a day of rejoicing and thankfulnefs, may eat
< our meat with gladnefs, and our" bread with a
* merry heart ; then fhall we Jt( each man under his
* own fig-tree^ and the voice of the turtle Jh all ke heard
* in our land^ a bird famous for conftancy and fi-
« delity.
My Lord^ ^ I fhall make a paufe here, and flop
* going on further in my difcourfe, till I fee further,
* if his Grace, my Lord CommiJ/ioner, receive any
* humble proposals for removing mifunderftand-
* ings among us, and putting an end to our fatal
* divifions ; upon honour, I have no other defign,
' and I am content to beg the favour upon my bend-
' ed knees.
No Anfwer^
My Lord Chancellor^ ' I am forry that I muft pur-
* fue the thread of my fad and melancholy ftory :
* What remains, I am afraid may prove as afflidling
* as what I have faid *, I fhall therefore confider the
* motives which have engaged the two nations to
* enter upon a treaty of Union at this time. In ge-
* neral, my Lord, I think both of them had in their
^ view, to better themfelves by the treaty •, but be-
* fore I enter upon the particular motives of each
* nation, I muft inform this honourable houfe, that
*'■ fmce I can remember, the two nations have al-
* tered their fentiments upon that affair, even al-
* moft to down-right con tradition, they have chan-
* ged head-bands, as we fay ; for England, till of late,
*■ never thought it worth their pains of treating with
* us ; the good bargain they made at the beginning
* they
28 Parliamentary A. 1706.
« they refolve to keep, and that which we call an in-
' corporating Union, was not fo much as in their
* thoughts. The firft notice they feemed to take
' of us, was in our affair of Caledonia^ when they
* had moft effedually broke off that defign in a
* manner, very well known to the world, and un-
< neceffary to be repeated here ; they kept themfelves
* quiet during the time of our complaints upon that
* head. In which time our Sovereign, to fatisfy the
' nation, and alJay their heats, did condefcend t^
* give us fome good laws, and amongft others, that
* of perfonal liberties ; but England having declared
* their fucceffion, and extended their entail, without
* ever taking notice of us, our gracious Sovereign
* Queen ANN, was graciouQy pleafed to give the
* royal alTent to our a5i of fecurity, to that o^ peace
* and war after the deceafe of her Majefly, and the
* heirs of her body, and to give us a hedge to all
* our facred and civil interefls, by declaring it high
* treafon to endeavour the alteration of them, Is
* they were then eftablifhed. Thereupon did follow
* the threatning and minatory laws againft us by
* the Parliament o^ England, and the unjuft and un-
^ equal character of what her Majefty had fo gra-
* cioufly condefcended to in our favours. Now, my
* Lord, whether the defire they had to have us en-
* gaged in the fame fucceffion with them ? or whe-
* ther they found us like a free and independent peo-
* pie, breathing after more liberty than what former-
* ly was looked after ? or whether they were afraid
* of our a5i of fecurity, in cafe of her Majefty's de-
* ceafe ? Which of all thefe motives has induced
* them to a treaty, I leave it to themfelves. This I
« mufl fay only, they have made a good bargain
^ this time aifo.
' For the particular motives that induced us, I
* think they are obvious to be known, we found by
' fad experience, that every man hath advanced in
' power
A. 1706. DEBATES. 29
* power and riches, as they have done in trade,
* and at the fame time confidering, that no where
* through the world, flaves are found to be rich,
* tho' they fliould be adorned with chains of gold ;
* we thereupon changed our notion of an incorpo-
* rating Union, to that of a federal one ; and being
* refolved to take this opportunity to make demands
* upon them, before we enter into the fuccefTion,
* we were content to empower her Majefly to autho-
* rize and appoint Commiflioners to treat with the
* CommilTioners of England^ with as ample powers
* as the Lords Commiflioners from England had
* from their confbituents, that we might not appear
* to have lefs confidence in her Majefly, nor more
* narrow-heartednefs in our a6l, than our neighbours
< of England : And thereupon laft Parliament, af-
* ter her Majefly 's gracious letter was read, defiring
* us to declare the fucceflion in the firfl place, and
* afterwards to appoint Commiflioners to treat, we
* found it necelTary to renew our former R'efolve^
* which I fhall read to this honourable houfe :
Refolve frefeiited hy . the Duke of Hamilton lajl
fejfion of Parliament,
*' That this Parliament will not proceed to the
*' nomination of a fucceffor, till we have had
*' a previous treaty with England^ in relation
*' to our commerce, and other concerns with
*' that nation. And further, it is Refolved,
*' that this Parliament will proceed to make
*' fuch limitations and conditions of govern-
" ment, for the redification of our conflitu-
*' tion, as may fecure the liberty, religion, and
" independency of this kingdom, before they
^' proceed to the faid nomination.
NoWj
3© Parliamentary A; 1706.
* Now, myi Lord^ the laft feflion of Parliament
* having, before they would enter into any treaty
' with England^ by a vote of the houfe, paffed both
* an ad for limitations, and an a6l for redification
* of our conftitution. What mortal man has rea-
< fon to doubt the defign of this treaty was only
* federal?
My Lord Chancellor^ * It remains now, that we
confider the behaviour of the Lords CommiQioners
at the opening of this treaty : And before I enter
upon that, allow me to make this meditation ;
that if our pofterity, after we are all dead and
gone, fhall find themfelves under an ill -made bar-
gain, and fhall have recourfe unto our records,
and fee who have been the managers of that treaty,
by which they have fuffered fo much : When they
read the names, they will certainly conclude, and
fay. Ah 1 our nation has been reduced to the laft
extremity, at the time of this treaty ; all our
great chieftains, all our great peers and confider-
able men, who us'd formerly to defend the rights
and liberties of the nation, have been all killed
and dead in the bed of honour, before ever the
nation was necefliate to condefcend to fuch
mean and contemptible terms : Where are the
Names of the chief men, of the noble families of
StuartSy HamiltonSy G?^abams, Camphels^ Gordons^
JohnJionSy Humes^ Murrays^ Kers^ &cc ? Where
are the two great officers of th^ crown, the Con-
ftables and Marjhals of Scotland ? They have
certainly all been extinguifhed, and now we are
flaves for ever.
* Whereas the Englijh records will make their
pofterity reverence the memory of the honourable
names, who have brought under their fierce,
warlike, and troublefome neighbours, who had
ftruggled fo long for independency, fhed the beft
blood of their nation, and reduced a confiderable
' part
A. 1706. DEBATES.
part of their country, to become wafte and de-
folate.
* I am informed, my Lord^ that our Commif-
fioners did indeed frankly tell the Lords Commif-
fioners for England^ that the inclinations of the
people of Scotland were much altered of late, in
relation to an incorporating Union ; and that
therefore, fmce the entail was to end with her Ma-
jefty's life, (whom GOD long perferve) it was pro-
per to begin the treaty upon the foot of the treaty
of 1 604 year of GOD, the time when we came
firll under one Sovereign : But this the Englijh
Commiflioners would not agree to ; and our Com-
miflioners, that they might not feem obftinate,
were willing to treat and conclude in the terms
laid before this honourable houfe, and fubjedled
to their determination.
* If the Lords Commiflioners for England had been
as civil and complaifant, they fhould certainly have
finifhed a federal treaty likewife, that both na-
tions might have the choice, which of them to
have gone into, as they thought fit ; but they
would hear of nothing but an entire and compleat
Union, a name which comprehends an Union,
either by incorporation, furrender, or conqueft ;
whereas our Commiflioners thought of nothing but
a fair, equal, incorporating Union. Whether this
be fo or no, I leave it to every man's judgment ;
but as for my felf, I mufl: beg liberty to think it no
fuch thing : For I take an incorporating Union to
be, where there is a change both in the m.aterial
and formal points of government, as if two pieces
of metal were melted down into one mafs, it can
neither be faid to retain its former form or fub-
ftance as it did before the mixture. But now, when
I confider this treaty, as it hath been explained and
fpoke to before us this three weeks by pafl:, I fee the
Englijh conflitution remaining firm, the fame two
* houfes
32 Parliamentary A. 1706.
* houfes of Parliament, the fame taxes, the fame
' ciiftoms, the fame excifes, the fame trading com-
* panics, the fame municipal laws and courts of
* judicature ; and all ours either fubjed to regu-
* lations or annihilations, only we have the honour
* to pay their old debts, and to have fome few per-
* fons prefent, for witnefTes to the validity of the
' deed, when they are pleafed to contrad more.
* Good God 1 What, is this an entire furender !
My Lord^ * I find my heart fo full of grief and
* indignation, that I muft beg pardon not to finifh
* the laft part of my difcourfe, that I may drop a
* tear, as the prelude to fo fad a ftory.
Jfier having fate down^ and fome difcourfes hy
other Members intervening^ he continued his
difcourfe thus :
My Lord Chancellor^ ' What I am now to fay, re-
« latds to the method of proceeding in this weighty
' affair : I hear it propofed by a noble member of
* the other fide, that we fhould proceed in the fame
* order as the Lords CommifTioners treaters did.
* In my humble opinion, 7ny Lord, it is neither the
' natural method, nor can it be done without great
* confufion and repetition. To fay, you'll agree
* to the Union of the two kingdoms, before you
* agree in the terms upon which they are to be uni-
* ted, feems like driving the plough before the oxen. The
' articles, which narrate the condition feem to be
* thepremiffes upon which theconclufion is inferred ;
* and according as they are found good or bad, the
* fuccefs will follow. When a man is married to a
* fortune in England, as they call it, I fuppofe he is
* fatisfied with the thing before he determines him-
* felf to marry ; and the propofal I have heard of
' agreeing
A. 1706. DEBATES. 33
* agreeing to the firft article, with a Provifo^ That
* if the reft of the articles Ihall be found fatisfadlory,
' and no otherwife, is of a piece with the reft, and
* looks like beating the air, and no ways confiftent
« with fair and fquare dealings. Befides, my Lord,
< if we were to go upon the firft article j are not
* all the reft of the articles, befides many others not
* contained in the articles, valid arguments either
* Pro or Con. againft concluding or not concluding
« the firft article ? And no vote in this houfe caa
* hinder a man from making ufe of what arguments
* he thinks fit. Moreover^ the fearching the records
' and the revifing the Statute-Books^ comparing the
* hooks of rates^ cuftoms^ excife, taxes ^ of both na-
* tions one with another, muft all be previouQy con^
* fidered ere we determine our felves in one fingle
* article •, add to this, that the prohibitory claufe
' with relation to the trade of both nations, muft
* be adjufted, left, like Mfof^ dog, we lofe the
* old, in grafping at the new; the ftate of the Eng^
* lijh companies muft alfo be expofed, how far we
* fhall have liberty into them, and what advantage
' we may propofe to our felves by trading to thefc
* places where they are fecured ; and above all,
* my Lord^ the fecurity of our National Church,
* and of all that's dear unto us, muft be previouQy
' eftabliftied to usj if pradlicable, before we con-
* elude the firft article.
* Therefore, my Lord^ though my particular opi-
* n Ion be, though we had a cart- blanch from England \
* yet the delivering up of our Sovereignty, gives back
* with one hand, what we receive with the other,
* and that there can be no fecurity without the
* guarantee of a diftinft independency betwixt the
* parties treating : Yet, my Lord^ for further fatif-
* fadlion to this honourable houfe, that every
* member may fully fatisfy himfelf, I humbly pro-
* pofe, that paffing by the firft three articles,
* which appear to be much of a piece, we begin
Vol, V. D * the;
34 Parliamentary A. 170^.
* the fourth article of the treaty ; and if I be
« feconded in this, I defire it may be put to the
* queflion.'
contefts During the debate, whether the fecurity of the
Ar kie?^ Church, or the firft article for uniting both na-
tions into one kingdom, under the name of Great
Britain^ fhould have the preference \ it was urged,
that according to the laudable cuftom of this king-
dom, as appeared by their ancient ads of Parlia-
ment, the Church had always the preference to every
thing elfe. But a Lord, when he found that the
firft article of the treaty had the preference, al-
luded, with refpedb to fome who were of the oppo-
fite fide, to Julius Ccefar\ faying in the fenate,
Et vos etiam mei Filii ? And are ye alfo againft me,
my fons ? There had been endeavours likewife
ufed in the CommilTion of the General AlTembly, to
pofTefs them with apprehenfions of the danger of
the Church, from twenty-fix Bifhops being in the
Parliament of Great Britain^ where their Church,
could have none to reprefent her, from the Englip
facramental Teji, and from the oath of ahjiiration^
by which they muft approve that part of the limi-
tations, which obliged the fovereign to be of the
Church o{ England^ &c. Notwithftanding all which,
it was criminal, by the law of England^ to fay,
the Prince and Parliament had no power to alter
the fuccefiion. Upon which they would have car-
ried things in the commilTion againft an incorpora-
ting Union, but were prevented by the ruling
elders. And in order to make the Church eafy,
there were fome who promifed, that when the ar-
ticle for an incorporating Union pafted, they fhould
have an irritant claufe to make the Union void, in
cafe the Parliamentof Great Britain fhould in time to
come, alter the prefent government of the Church
of Scotland. However, many of the Minifters and
zealous Prel'byterians exprcffed their difpleafure,
that
A. 1706. DEBATES. 3 j
that the iecurity of the Church had hot the prefe-
rence. When the vote was prelTed for approving
the firft article of the Union, a Duke fpoke very
boldly againfl putting it to the vote, without giving
the members time to confider of it, which, he
faid, was their privilege : Upon this it was delayed
till another day.
On the 4th, the firft article of the Union was again
read, and after Ibme further debate upon it, a re-
folve was offered, and given in to the houfe by the
Marquefs of Annandale^ as follows.
* T T THereas it evidently appears, fince the print- Refoive of
* VV ^"g' publifhing, and confideringof the ar- ^jjgj^f'^^,
* tides of the treaty now before this houfe, this nation mndaie.
' feems generally averfe to this incorporating Union,
* in the terms now before us, as fubverfive of the fo-
* vereignty, fundamental conftitution, and claim
* of right of this kingdom, as now by law eila-
' blifhed.
* And feeing it is too evident, that if any Union
* were agreed to in thefe terms by this Parliament,
' and accepted of in the Parliament of England^ it
* would in no fort anfwer the peaceable and friendly
* ends propofed by an Union, but would, on the!
* contrary, create fuch dlfmal diftraclions and ani-
' moiities amongft our felves, and fuch jealoufies
* and miflakes betwixt us and' our neighbours, as
* would involve thefe nations in fatal breaches
* and confufions.
' Therefore refolved, that we are willing to
* enter into fuch an Union with our neighbours of
* England^ as fhall unite us entirely, and after the
* moil ftricl manner, in ail theirand our interellsor
* fuccelTions, wars, alliances and trade, relerving
* to us the fovereignty and independency of the
* crown and monarchy, and the ancient privileges
D 2 'and
36 Parliamentary A. 1706.
« and immunities of the kingdom, and the conftitu-
* tion and frame of the government, both of Church
* and ftate, as they ftand now, eftablifhed by our
* fundamental conflitution, by our claim of right,
* and by the laws following thereupon. Or,
Refolvedy
^ That we will proceed to fettle the fme fuc-
* ceflions with England^ upon fuch conditions and
' regulations of government within our felves,
* as (hall effedlually fecure the foverc'gnty and
* independency of this crown and kir.gdom, and
* the indifTolvable fociety of the fame, with the
* fundamental rights and conftitur^ns cv^ the go-
* vernment, both of our Church and State, as the
* fame flands eftablifhed by the claim of right, and
* other laws and ftatutes of this kmr^dom.
Which being read and debated, the vote was
ftated, approve of the firft article of Union or not :
But before the vote, the Duke o^Atholgd^t the fol-
lowing proteftation.
^^yj ^^, * T John DukQ of Jtbol, proteft for my felf, and all
teiiatioVa- * ±, othcts, who fhall adhere to this my proteftation,
ui"iV^^ ' that an incorporating Union of the crown of
* Scotland with the crown of England^ and that
* both nations fhould be reprefented by one and
' the fame Parliament, as contained in the articles
* of the treaty of Union, is contrary to the honour,
* intereft, fundamental laws and conftitution of
* this kingdom, the birth-right of the Peers, the
* rights and privileges of the Barons and bo-
* roughs and A51 1 30. Pari. 8 J a. VI. by which
* it is ordained, that none of the lieges prefume
* or take upon them, to impugn the dignity and au-
^ thority of the three eftates of Parliament, or to
* feek or procure the innovation or diminution of
^ the power and authority of the faid three eftates,
' under
A. 1706. DEBATES. 37
« under the the pain of treafon ; and is contrary to
« the claim of right, property, and liberty of the
< fubjedts •, and the third ad: of her Majefty's Par-
* iiament 1703, by which it is declared high- treafon
' in any of the fiibjeds of this kingdom, to quarrel
' or impugn, or endeavour by writing, malicious
* and advifed fpeaking, or other open adl or deed,
* to alter or inaovate the claim of right, or any
' article thereof : And therefore do defire, that this
* my proteftation be marked in the records of Par-
' iiament.
The fame day, a vote was flated in thefe terms, Firft article
' Approve of the firft article of the Union, in the %^^^,t''
* terms of the motion mentioned in the proceeding
' day's minutes, viz. Tbai if the other articles of
' Union be not adjufied by the Parliament., then the
' agreeing tD, and approving of the firfi., fhall be of
* no effell \ and that immediately after the faid firft
* article, the Parliament will proceed to an adt
* for the fecurity of the do5frine^ difcipline, worfhip
' and government of the Churchy as by law efiablifhed
' within this kingdom :' And it carried approve^ in
the terms of the above motion.
The acl for fecurity of the Church.^ which was
under confideration of the Parliament on tjie 9th,
ran thus :
« /^ U R Sovereign Lady and the Eftates of Par- Biii for the
« V-y Iiament confidering, that by the late acl of ^^^^^^^jy °^^
* Parliament, for a treaty with England for B.n Union church.
* of both kingdoms, it is provided, that the Com-
* miflioners for that treaty fhould not treat of, or
* concerning any alteration of the worfhip, difci-
* pline and government of the Church of this king-
* dom, as now by law eftablifhed ; v/hich treaty
* being now reported to the Parliament, and it being
* reafonable and neceflary that the true Proteftant
D 3 * religion
38 Par L I APvIEN TAR Y A. 1706.
religion, as prefently profeiTed within this king-
dom, with the worfhip, difcipline and govern-
ment of this Church, fhould be effedliially and
unalterably fecured : Therefore her Majefty, with
advice and confent of the faid Eftates of Parlia-
ment, doth hereby eftablifh and confirm the faid
true Proteftant religion, and the worfhip, difci-
pline and government of this Church, to continue
without any alteration to the people of this land,
in all fucceeding generations -, and moreefpecially
her Majefty, with advice and confent aforefaid,
ratifies, approves, and for ever confirms, the
5th a(5l of the ift Pari. K. W, and Q^M intituled
jin a5l ratifying and confirming the confejjlon of
faith y and fettling Presbyterian Chttrch government^
with the haill other ads of Parliaments relating
thereto, in profecution of the declaration of the
Eftatesof this kingdom, containing the claim of
right, bearing date the nth ofyf/n7, 1689. And
her Majefty, with advice and confent aforefaid
exprefiy provides and declares, that the aforefaid
true Proteftant religion, contained in the above-
mentioned confefiion of faith, with the form and
purity of worfhip prefently in ufe within this
Church and its Prefbyterian Church-government
and difcipline, that is to fay, the government of
the Church by Kirk-feftions, Prefbyteries, pro-
vincial Synods, and general Aflemblies, all efta-
blifhed by the aforefaid adls of Parliament, pur-
fuant to the claim of right, lliall remain and con-
tinue unalterable •, and that the (Iiid Preft)yterian
government fliall be the only government of the
Church within the kingdom of Scotland,
*• And further^ For the greater fecurity of the fore-
^ fit id Proteftant religion, and of the worfliip, difci-
'• pllne, and government of the Church as above
^- eftabliftied, her Majefty, with advice and con-
^ lent aforelaid^ ftatutes and ordains, that, in all
^ tirfie
A. 1706. DEBATES. 39
< time coming, no Profeflbrs, Principals, Regents,
< Mafters, or others bearing office in any Univerfity,
' College, or School within this kingdom, be capable,
* or be admitted or allowed to continue in the exer-
< cife of the faid fundlions, but fuch as fhall own
* and acknowledge the civil government, in manner
* prefcribed by the a6ls of Parliament. As alfo^
* That before, and at their admiffions, they do, and
* jfhall acknowledge and profefs, and fiiall fubfcribe
* to the aforefaid confeffion of faith^ as the confefTion
' of their faith, and they will pradlife and con-
* form themfelves to the worfhip prefently in ufe in
* this Church, and fubmit themfelves to the govern-
* ment and difcipline thereof, and never endeavour,
* dire6lly or indiredly, the prejudice or fubverfion
* of the fame, and that before the refpe6live Prefby-
* ters of their bounds, by whatfoever gift, prefen-
* tation or provifion, they may be thereto provided.
* And further^ Her Majefly, with advice afore-
' faid, exprefly declares and ftatutes, that none of
' the fubje6ls of this kingdom ihall be liable to,
* but all and every one of them for ever free
^ of any oath, tell, or fubfcription within this
' kingdom, contrary to, or inconfiftent with, the
' forefaid true Proteftant religion, and Prefbyterian
* Church- government, worfhip, and difcipline as
' above eftabliihed, and that the fame, within the
' bounds of this Church and kingdom, fhall never be
' impofed upon, or required of them in any fort.
' And laftly^ That after the deceafe of her prefent
' Majefty (whom God long preferve) the Sovereign
' fucceeding to her in the royal government of
' this kingdom, fhall in all time coming at his
' or her acceflion to the crown, fwear and fub*
' fcribe, that they Ihall maintain and preferve the
^ forefaid fettlement of the true Proteftant religion,
' with the government, worfhip, and difcipline of
' this Church as above eftablifhed, inviolably. And
D 4 ! i^
40 Parliamentary A. 1706.
* it is here ftatute and ordained, that this adl of
« Parliament, with the eftablifhment therein con-
« tained, fhall be held and obferved, in all time
* coming, as a fundamental and effential condition
* of any treaty, or Union to be concluded betwixt
* the two kingdoms, without any alteration there-
* of, or derogation thereto in any fort for ever.
« As alfoy That this a6l of Parliament, and fettle-
* ment therein contained, fhall be infert and repeated,
* in any a6l of Parliament that fnall pafs for agree -
* ing and concluding the forefaid treaty, or Union
' betwixt the two kingdoms, and that the fame
* fhall be therein exprcfly declared, to be a funda-
* mental and elTential condition of the faid treaty
* or Union in all time coming.
On the 1 2th, the Parliament proceeded to the
further confideration of the a6b for fecurity of thQ
Kirk, (Jc. within that kingdom : And the 4th claufe
thereof being again read, it was moved, that a
claufe fhould be added in thefe terms ; ' And that
* they fhall be capable of any office, civil or mili-
* tary, and to receive any grant or gift, and to have
* command, or place of trufl, from, and under the
* Sovereign, within any part of Great Britain* And
after debate thereon, it was put to the vote. Add or
J<[ot ; and it carried Not^ and the claufe, as it flood,
agreed to. And then the 3d claufe of the acfl
was read •, and being amended, was agreed to.
And the next claufe being alfo again read and
amended, was likewife agreed to. Whereupon the
whole act was again read, as alfo the reprefentation
of the commifTion of the General AfTembly ; and a
vote flated, approve of the adl or not •, but before
voting, the Lord Bdhavcn gave in a proteflation in
s^iba%en's thcfe tcrms : * That he did protefl in his own, and
t^n, ' in name of all them that fhould adhere to him,
* that this adl was no valid fecurity to the Church,
^ in cafe of an incorporating Unipn ; ^nd that the
^ Church
A. 1706. DEBATES. 41
' Church could have no real and folid fecurlty by
« any manner of Union, by which the claim of right
' is unhinged, our Parliament incorporated, and our
* diftind: fovereignty and independency entirely a-
* bolilhed : ' Which being read, he took inftru-
ments thereon, and adhered thereunto.
Then the vote was put, approve or not, and it
carried approve j and it was carried on the 14th,
that the fecond article of the Union fhould have
the preference, and be confidered before any of
thofe relating to trade, taxes, (jfc. But I fhould
have taken notice before, that when on the 12th the
claufe was offered by my Lord Belbaven^ for exempt-
ing Scots men from the facramental teft through all
the dominions of Britain^ thofe who were againft
the claufe faid it was a thing out of their power, and
not reafonable to fuppofe that England would grant.
To which it was replied by thofe of the other fide,
that the defign of an Union was equality ; but this
was the greateft inequality imaginable-, for the Eng^
lijh were free to polfefs places in Scotland without
any fuch impofition, but they were excluded from
places in England without taking the faid teft \ and
that though the Englijh thought the teft a good fe-
curity for their Church, it was not reafonable, that
they, being a part of the fame united kingdom,
and obliged to maintain the Presbyterian govern-
ment there, ftiould therefore be excluded from the
Prince's favour in any part of the united kingdom.
However, the claufe w^as thrown out by 39 votes ;
and then the other claufes being adjufted, the adt
for the fecurity of the Church paSed by a great ma-
jority, many of the cavaliers not thinking them-
felves concerned to vote in the matter. The Duke
o{ Hamilton^ the Duke di Aihol^ Marquefs o^ Annan-
dale, Earls of Errol^ Marifchal, JVigton^ and others,
adhered to the Lord Belhaven*s proteftation, that
the ad was no fufficient fecurity to the Church.
The
42 Parliamentary A. 1706.
The repre fentation of the commifTion of the Ge-
neral Afiembly, reprefenting the increafe of popery,
prophanity, ^c. and craving the fame might be re-
flrained -, and that the fuccefTion to the crown might
be eftablifhed in the Proteftant line, was read, and
remitted to the Committee for calculating the equi-
valent, to do therein as they found juft.
Then the 2d article was again read, and it was
moved, that the Parliament Ihould proceed to fettle
the fucceffion upon regulations and limitations, in
the terms of the refolve mentioned in the minutes,
the 4th inftant, and not in the terms of the 2d ar-
ticle of the Union. Moved alfo to addrefs her Ma-
jefty, and to lay before her the condition of the na-
tion, and the averfion in many perfons to an incor-
porating Union ; and to acquaint her Majefty of
their willingnefs to fettle the fucceffion in the Pro-
teftant line, upon limitations -, and in order there-
unto, that fome recefs be granted. And after fome
debate on thofe motions, a vote was propofed, ap-
prove, the 2d article of Union in the terms of the
preliminary motion or not ; and after fome further
debate, there was a 2d flate offered, addrefs or not.
Then it was put to the vote, whether the i ft or 2d
Ihould be the ftate of the vote, and it carried the
firft.
But it being moved, that fome further reafoning
ihould be allowed before the vote, after fome de-
bate it was agreed. That the Englifi adls of Parlia-
ment in the 2d article of Union be read, and that
immediately after a vote fhould be ftated, proceed
to call the vote, or delay. And accordingly the
iaid Englijh ads of Parliament were read, and there-
upon the vote was ftated, proceed to call the vote
for approving the 2d article, or delay, and it carried
proceed. Then the vote v/as put, approve the 2d
article in the terms of the preliminary motion, yea
or no,
But
A. 1706. DEBATES. 43
But before voting, the Earl Marifchal gave in J*^'"''^"
the following proteft, whereby he did proteft for teft agafnii
himfelf, and all thofe who fhould adhere to his ^^"^^1",*'^^^
proteflation, ' That no perfon can be defigned a nion/
' fuccefTor to the crown of this realm, after the de-
* ceafe of her Majefty (whom God long preferve).
* and failing heirs of her body, who is fuccefTor to
* the crown of England^ unlefs that in this prefent
* fefiion of Parliament, or any other feflion of this
* or any enfuing Parliament, during her Majefty's
' reign, there be fuch conditions of government fet-
' tied and enaded, as may fecure the honour and
' fovereignty of this crown and kingdom, the free-
* dom, frequency, and power of Parliament, the
' religion, liberty, and trade of the nation, from
' EngliJJj or any foreign influence,' which being
read, he took inflruments thereupon.
And It was agreed, that the lift of the members Second arti-
fliall be printed, as they vote approve or not, and *^^^""^^'^*
they who adhere to the proteft fhould be marked.
Then the vote was put, approve or not, and it car-
ried approve.
The third article being read on the i8th, it was Proceedings
moved, That the agreeing to the 3d article of the J^r? ar^c]«.
treaty, in relation to the Parliament of Great-Britain^
fhould not be binding, nor have any efFe6b, unlefs
terms and conditions of an Union of the two king--
doms, and particularly theconftitution of the faid Par-
liament, be finally adjufted and concluded, and an
ad: pafs thereupon in the Parliament, and that the
faid terms and conditions be alfo agreed to, and ra-
tified by an ad of the Parliament of England^ the
conftitution of the Parliament of Great-Britain be-
ing left entire, until the Parliament come upon the
2 2d article. It was moved alfo to proceed to the
confideration of the 4th, and other articles of Union,
before the 3d •, and after reafoning it was put to
the vote, proceed to the confideration of the 3d
article
44 Parliamentary A. 1706.
article in the terms of the faid motion, or proceed
to the 4th article, and carried proceed to the 3d.
Accordingly the Parliament proceeded to the
confideration of the 3d article, and after long
debate upon it, a vote was ftated, approve of
the third article in the terms of the faid motion or
not.
Marquis of But bcforc voting, the Marqiiefs of Annandale
Fouftf'*^'' g^ve in a proteft, and craved tiiat the narrative of
the refolve, inferted in the minutes of the 4th in-
ftant, might be prefixed thereunto •, which narra-
tive and protefl: is as follows, viz. ' Whereas it evi-
' dently appears, fince the printing and confidering
' the articles of treaty now before this houfe, this na-
* tion feems generally averfe to this incorporating
* Union, in the terms now before us, as fubverfive
< of the fovereignty, fundamental conftitution, and
« claim of right of this kingdom, and as threat-
* ning ruin to this Church as by law eflablifhed :
* And fince it is plain, that if an union were agreed
* to in thefe terms by the Parliament, and accepted
* of by the Parliament of England^ it would in no
* fort anfwer the peaceable and friendly ends pro-
* pofed by an Union, but would, on the contrary,
* create fuch difmal di(lra6lions and animofities
* amongft ourfelvcs, and fuch jealoufies and miftakes
* betwixt us and our neighbours, as would involve
* thefe nations in fatal breaches and confufions.
' Therefore I do proteft for myfelf, and in name
* of thofe who fhall adhere to this my proteftation,
* that an incorporating Union of the crown and
* kingdom of Scotland .^ with the crown and king-
* dom of England^ and that both nations be repre-
* fented by one and the fame Parliament, as contain-
* ed in the articles of the treaty of Union, and
* contrary to the honour, intereft, fundamental
* laws and conftitutions of this kingdom, is a
^ giving up the fovereignty, the birth-right of the
* Peers,
A. 1706. DEBATES. 45
' Peers, the ri,ghts and privileges of the Barons and
' Burghs ; and is contrary to the claim of right,
* property, and liberty of the fubjedls, and 3d a6b
' of her Majefly's ParHament in 1703. By which
* it is declared high treafon in any of the fubjeds
' of this kingdom, to quarrel, or endeavour by
' writing, malicious and advifed fpeaking, or other
* open adl or deed, to alter or innovate the claim
* of right or any article thereof: And do proteft,
* that this Ihall not prejudice the being of future
* Scotch Parliaments, and conventions within the
< kingdom of Scotland^ in no time coming.
Then the vote was put, approve of the 3d article
in the terms of the motion, and carried approve
by 30.
It was late before the houfe roffe, and the mob Tumult in
was barbaroufly rude to the Lord High Commif- ^^'^'^'i^-
fioner ; for though the horfe-guards were round his
Grace's coach, and fome of the foot granadiers
betwixt the coach and the horfe guards, the mob
threw ftones from feveral corners, fome of which
fell into his coach, and the mob prefled fo hard
upon the coaches, that they were forced to drive
full fpeed down the flreets -, and one of his Grace's
pages falling behind, was very ill treated by the
rafcally crew. Upon which on the 19th, the Lord
Chancellor acquainted the Parliament, that the Lord
High Commiffioner was infulted the night before,
by a number of mean people with ftones. The
Parliament remitted it to the Committee for exami-
ning the equivalent, to indemnify and give reward
for difcovery, to feize and imprifon any whom they
fufpedled, and to report their information, and their
opinion what meafures might be proper for pre-
venting the like. The Parliament did likewife re-
commend to the Lord High Conftable, to profeaite
thofe imprifoned for a former tumult, and that the
Magiftrates of Edinburgh furnifh what proof againft
them
^6 Parliamentary A. 1706.
them they could. On the 1 9th it was moved, that
the Parliament proceed to the 4th article of the
Union : then the Duke of Athol moved, that before
they proceed to the faid article, a claufe be added
to the 3d article, That the faid Parliament of Great-
Britain fhould meet, and fit once in three years at
leaft, in that part of Great-Britain^ now called Scot-
land : And after debate, the confideration of it
delayed till the Parliament fhould come to the 2 2d
article. Then the 4th article of the Union was
read *, upon which the Duke of Hamilton made a
motion, that all the regulations and reftridions of
the Englijh trade, the privileges of their companies,
^c. fhould be laid before the houfe •, upon which
the debate was by confent adjourned till next Se-
derunt,
The fourth article of Union was again read :
Whereupon it was moved, to take the feveral
branches of trade to be communicated, into con-
fideration, that it might thereby appear how far the
communication of trade would be advantageous to
them ; and after reafoning thereupon, the vote
ivth article was flatcd, approve of the IVth article, referving
approve o . ^j^^ confideration of the feveral branches of trade,
till the Parliament concert the fubfequent articles,
yea or not : And it was agreed, that the mem-
bers fhould be marked, as they (hall vote approve,
or not ; and that the lift of their names, as they
ihall vote pro and con^ be recorded and printed.
Then the wote was put, approve or not i and it
carried approve.
Then the Vth article of the Union was read,
whereupon a propofal was given in for explaining
and enlarging the fame, in thefe terms ; ' That all
* Ihips or vefTels belonging to her Majefty's fub-
' jedts of Scotland^ at the time of ratifying the
* treaty of Union of the two kingdoms in the
* Parliament
A. 1706. DEBATES. 47
* Parliament of Scotland^ though foreign built, fhall
« be deemed and pafs as fhips of the building of
* Great 'Britain : The owner, or where there are
* more owners, one or more of the owners, within
* twelve months after the Union, making oath,
* that at the time of ratifying the treaty of
* Union in the Parliament of Scotland, the fame did
* in whole or in part belong to him or them, or
' to fome other fubjedl or fubjedls of Scotland to be
* particularly named, with the place of their refpec-
* tive abode ; and that the fame doth then, at the
* time of the faid depofition, wholly belong to
* him or them : And that no foreigner, direclly
* or indiredtly, hath any fhare, part, or intereft
« therein.*
Which being read, it was moved, That fix
months more time fhould be added to the time
allowed, by the propofal, for purchafing fhips or
velTels, And after fome reafoning upon it, the
flirther confideration thereof was delayed till next
fitting, which was on the 23d, when the Vth article
of Union was again read, with the propofal for
amending, explaining, and enlarging the fame, in-
ferted in the former days minutes, and rectified
thus, viz. ' That all fhips or vefTels belonging to
* her Majelty's fubjeds of Scotland, at the time
* of ratifying the treaty of Union of the two king-
* doms in the Parliament of Scotland, though fo-
* reign built, fhall be deemed and pafs as fhips
* of the building of Great-Britain : The owner, or
* where there are more owners, one or more of the
* owners, within twelve months after the firfb
* day of May next, making oath, that at the time
' of ratifying the treaty of Union in the Pariia-
* ment of Scotland, the fame did in all or in part
* belong to him or them, or to fome other fubje6l
* or fubjecls of Scotland, to be particularly named,
* viz, the place of their refpedive abodes ; and
^ that
4$ Parliamentary A. 1706.
* that the fame doth then, at the time of the faid
« depofition, wholly belong to him or them ; and
* that no foreigner, diredly or indiredlly, hath any
* fhare, part, or intereil therein.'
And after fome reafoning thereon, there was a
fecond propofal given in for the amending the arti-
cle, in thefe terms, by the Lord Belhaven^ ' That
* all Ihips and vefTels belonging to her Majefty's
' fubjeds of Scotland^ at the time of ratifying the
* treaty of Union of the two kingdoms, in the Par-
* liaments of both kingdoms, Ihall, £s?f .' And after
fome debate, the vote was flated, approve of the
firll paragraph of the Vth article, with the firft a-
mendment or fecond ; and it carried, approve, with
the firft amendment.
Thereafter, the remainder of the faid Vth article
of Union was read, and a propofal given in by his
Grace the Duke of Hamilton^ for adding a claufe in
thefe terms, ' That for the fpace of feven years^
* from and after the concluding the treaty of Union
' in both kingdoms, it is exprefly agreed, that
* none of the feamen or mariners, on board any of
* the fhips belonging to the fubjeds of that part of
* united Britain now called Scotland^ fhall either at
* home or abroad be preifed from on Jboard their
* faid fhips, to ferve in any of her Majefty's fhips of
' war, or frigats : And in cafe, after the faid {tvtn
* years, it fhall happen that there be a levy of fea-
* men in united Britain^ that part now called Scotland
* fhall only be burdened with fuch a proportion as
* our taxes bear, in proportion to that part of united
' Britain^ now called England^ but without prejudice
* to the officers of her Majefty's fhips or fleet, to
* engage as many volunteer feamen in their fervice
* as they can agree with, in this part of united Bri-
* tain -y and this article to be unalterable by any
*- fubfequent Britijh Parliament.' Which being read,
after fome reafoning thereupon, it was put to the
vote, add the fecond claufe, or not > aad it car-
ried
A. 1706. DEBATES. 49
ried not. Thereafter the remainder of the faid
Vth article being again read, the vote was put, vth article
approve thereof, or not -, and it carried approve, p^^^'^*
Then the Lord Chancellor, by order of her Ma-
jelly's High Commiflioner, adjourned the Parlia-
ment till fuefday next at ten a clock.
On the 26th, the Vlth article of Union was read ;
and after the reafoning thereon, it moved, ' That
* there fhould . be a fcheme laid before the Parlia-
* ment, of the whole branches of their trade, as to
* export and import :' And after fome further de-
bate, a propofal was given in, viz. ' That the ar-
' ticie fhould be agreed to, except in fo far as it
* Ihould be redified by the Parliament, in the con-
* fideration of the fubfequent articles.' As alfo ano-
ther propofal was given in, ' That feeing by the
* laws of England there were rewards given upon
* exportation of feveral kinds of grain, wherein
* oats was not fpecified, that after the Union, when
* oats fhould be at 15 J. pe)- quarter, or under,
* there fliould be paid is. 6d. for every quarter of
* oat-meal, exported in the terms of the laws,
* whereby the terms were granted for exportation
* of the grains ; and in refpedt there was a duty
* upon oats imported into England^ but no duties
* upon oat-meal, the importing of which was a
* prejudice and difcouragement to tillage : There-
* fore, that from and after the Union, the quarter
* of oat-meal fhould be deemed equal to three
* quarters o£ oats, and pay duty accordingly when
* imported to Scotland from any place whatfoever
* from beyond the fea.' Which being all read, after
reafoning, it was moved, ' That the obfervations,
* in relation to the balance of trade, fhould be laid
* before the Parliament, as made by the council of
* trade.' And after bebate thereon, the further
confideration was delayed till the next fitting ; and
V®L. V, £ it
50 Parliamentary A. 1706.
it was ordered, * That the obfervations made by the
* council of trade, be laid before the Parliament.
Debates a- During the debate on the Vlth article, which
vitVarli- brings them under the fame cuftoms with England^
«ie« it was argued by fome members, * That it was hard
* to enter upon fuch a general, until they under-
* flood thefeveral branches of their trade, and how
' they agreed with the impofitions o^ England.' This
point was argued by theDukeof//^^?///^;/, Marquefs
o( y^nnandale, &c. The Marquefs argued, ' That in
* the treaty of 1602, they were allowed to be under
* their own regulations, and to have a book of
* rates for themfelves *,' upon which many of the
members thought it hard they Ihould not be allowed
the fame now. And it being alfo urged, ' That the
' Committee of Parliament, appointed for a council
' of trade laft feffion, had prepared an account of
' the feveral branches of their trade, and where the
* balance lay ;' it was ordered, that their report
fhould be laid before the houle.
On the 27th, the Vlth article o the Union was
again read, and a propofal given in for adding the
word (draw-backs) to both claufes of the faid article :
Which was agreed to.
And the faid article alfo amended was again read,
as alfo the propofal mentioned in the laft minutes,
in relation to oats and oat- meal *, with the addition
of a further claufe, in thefe terms, ' And that the
* beer of Scotland fhould have the lik^ rewards and
' draw-backs as barley.* And it was likewife
moved, ' That another claufe fliould be added,
* allowing the like draw-back on the exportation
* of oat-meal, as is allowed on tlie exportation
' of rye in England. And after debate, it was
* agreed, That the Vlth article, with the pro-
* pofals for amendments, fhould be remitted to a
* Committee.
: Then
A. 1706. DEBATES.
Then was a claufe offered to be added to the
faid Vlth article, thus ; ' But Scotland, for the
« fpace of -years after the firfl day o^ May
* next, fhall be free from, and no ways fubjed to,
« the prohibitions and reftridlions made againft
* exporting of wool-ikins with- wool upon them,
« and wollen-yarn, which by the oaths of tha
* feller and buyer fhall be made appear to be the
* proper growth and produdl of Scotland, and fpuit
« within the fame, which fhall no ways be compre-
* hended under any of the laws already made ill
* England, or to be made during the fpacc afore»
* faid.
As alfoa claufe thus; « Excepting and referving
* the duties upon export and import of fuch par-
* ticular commodities, from which the fubjedls of
' either kingdom are fpecially exempted by their
* private rights, which, after the Union, are to re-
* main fafe and entire to them in all refpeds.
And another claufe thus, ' That after the
* Union all forts of Scots linen or any kind of cloth,
* made of flax or hemp, be exported out of the
' united kingdom, free of all cuftoms or other im-
* pofitions whatfoever.
And another thus, ' That before the Union we
' may now have fuch a draw-back adjufted, as may
* enable us to export beef, pork, and butter, to the
* Weft -Indies, and other foreign parts, which will be
* one^ confiderable branch of our trade after the
* Union.
And another claufe thus, ' That from and after
* the Union, all duties or bounty tolls, or other
* exactions upon black cattle, or any other produdl
* o{ Scotland, when carried into England, or produ6l
*• of England, when carried into Scotland, payable
* either to the publick or private perfons, fball in all
•^ time coming be void an'd null.
E 2 And
5^
52 Parliamentary A. 1705.
And another claufe in thefe terms, * That from
* and after the Union, the kingdom of Scotland
* fhall have liberty for ever to manufadure plaiden,
« fin gram, galloway, whites, ferges, (lockings, and
« all fort of linen, as they have been in ufe to do,
' conform to the regulations contained in their own
« laws, and to export the fame to England^ or the
* dominions and plantations thereunto belonging,
* or to any other place beyond feas, free of any
* duty or impofition whatfoever ; but in cafe any
* of the fubje<5ts of that part of united Britain^ now
' called Scotland y fhall export any other fort of wool-
* len manufadlure than what is above mentioned,
* they are to be liable to the regulations arid taxes
* of England^ impofed before the Union, or to be
' impofed by the Britijlo Parliament after the Union •,'
all which . were remitted to the Committee for exa-
mining the calculation of the equivalent.
Then the Vllth article of Union was read, and
being debated on the 28th, a propofal was made for
an explanation or addition thus, ' That the 34 gal-
' Ions Englijh barrel of beer or ale, amounting to 12
* gallons Scots^ prefent meafure fold in Scotland by
* the brewer at 9 j. 6 d. flerling, excluding all duties,
* and retailed including duties j and the retailers
* profit at 2 d. per Scots pint, or eight part of the
* Scots barrel, be not, after the Union, liable, on
* account of the prefent excifes upon excifeable
* liquors in England^ to any higher impofition
' than two fhillings flerling upon the 34 gallons
* Englijh barrels, being 12 gallons the ^vtitnt Scots
' meafure.
And another claufe being likewife offered thus,
* And it is hereby fpecially provided, that the two
« penny ale and beer of Scotland^ fhall be only
' charged with the fame excife as the fmall beer m
^ England,
After
A. 1706. DEBATES. 53
After fome debate, the vote was dated, * Ap-
< prove of the Vllth article, as to the excife of ale
* and be^r, with the explanation as contained in the
* firft or laft claufe above-mentioned.' And carried
for the firft.
On the 29th it was moved, That the obferva-
tions made by the council of trade, in relation to
the export and imports of this nation and balance
of our trade, fhould be laid before the Committee,
to whom the fixth article of the Union was remit-
ted, and the fame was accordingly ordered. As alfo
the clerks of the faid council of trade, were order-
ed to tranfmit to the faid Committee, all obferva-
tions, papers and records relating thereunto. •
Then the Lord Chancellor acquainted the Parlia- Tumult at
ment. That the fecret council at their laft meeting, ^[f''^'
had under their confideration, feveral accounts of
irregular and tumultuary meetings, by fome people
of the common and meaneft degree, in arms ; and
of abufes committed by them at Glafcow^ Kirkubright
and Dumfries^ and feveral places of Lanarkjhire ;
and that there were papers dropt, inviting people
to take up arms, and to provide ammunition and
provifions, in order to their marching todifturb the
Parliament. All which he was directed by the fe-.
cret council to lay before the Parliament, to the
effe6l, proper methods might be refolved upon, for
preventing the evil confequences of fuch practices ;
after which he prefented a letter from the magi-
ftrates o^ Dumfries to herMajefty's Advocate, bear-
ing an account of the abufes and tumultuary meet-
ings in that place, with a declaration emitted by thofe
who met, which was afHxed on the market-crofs of
Dumfreis^ and both were read.
Whereupon a draught of a proclamation, to be
emitted by the Parliament againft all tumultuary
and irregular meetings, and convocation of the
lieges, w?,s prefented and read. And after fome.
E 3 difco4rTs
14 Parliamentary A, 1706.
difcourfe thereupon, it being objeded, that it did
not appear that there was a particular information
of any tunaultuary meetings, or irregular convoca-
tions in any other part of the fhire of Lanark^ than
at Glafcow : Her Majefly's High Commiflioner
thereupon was pleafed to notify to them, that he had
information not only from Glafcow and Diimfreis^
but alfo from feveral places in Lanark/hire^ of tu-
multuary and irregular meetings of men under arms,
and of their giving out and publifhing their defign
of marching -to difturbthe Parliament.
The proclamation being approved of, the draught
of an adb fufpending the effedl of that claufe in the
a6t of fecurity, for arming and exercifing the fen-
cible men, paft in the fecond feffion of this Parlia-
ment 5 and that during this feflion of Parlia-
ment alenarly, was read and pafl on the 30th,
and the fame, and the proclamation mentioned
before, were ordered to be forthwith publifhed and
printed.
Seventh ar- Thcn the Vllth article of Union was again
approS"^ read, and after reafoning upon that part thereof, not
formerly approved, it was put to the vote approve
of the reft of the V I Ith article, or not, and carried
approve.
A print was then given in, intituled. An account
of the burning of the articles of the Union at Dumfries,
bearing the declaration read and affixed at the mar-
ket'Crofs thereof, by the tumult aflembled on that
occafion : And it being moved, that enquiry be
made who had been the printer and in-giver of the
faid fcurrilous paper, and that the print be burnt by
the hand of the hangman : It was remitted to the
Committee, to whom the Vlth article of Union was
remitted, to call for the Magiftrates of Edinburgh^
and to take trial and make enquiry anent the prin-
ter and in-giver of the faid paper. They ordered
alfo.
A. 1706^ DEBATES. 55
alfb. That the faid fcurrilous print fhould be burnt
by the common hangman.
An Account of the burning of the Articles of
the Union at Dumfries.
Thcfe are to notify to all concerned, what are our
reafons for, and defigns in, the burning of the
printed articles of the propofed Union with
England^ with the names of the Scotch Commif-
fioners, fubfcribers thereof-, together with the
minutes of the whole treaty, betwixt them and
the Englijh CommifTioners thereanent.
:W
E have herein no defign againft her Ma- An account
jefty, nor againfl England^ or any Englijh- t^^l^llt
man \ neither againfb our prefent Parliament, in ciesatD«»:-
their a6ts or actings, for the interefl, fafety and fo- "*
vereignty of this our native and ancient nation :
But to teftify our diiTent from, difcontent with,
and proteftation, againft, the twenty-live articles
of the faid Union, fubfcribed by the forefaid Com-
mifTioners, as being inconfiilent with, and altoge-
ther prejudicial to, and utterly deftructive of this
nation's independency, crown-rights, and our con-
ftitute laws, both facred and civil. We fhall not
here condefcend upon the particular prejudices,
that do, and will redound to this nation, if the faid
Union fhould be carried on, according to the prin-
ted articles : But refer the reader to the variety
of addrelTes, given in to the prefent Parliament,
by all ranks, from almoft all corners of this
nation, againfl the faid Union : Only we mufl
fay, and profefs, that the CommifTioners for this
nation, have been either fimple, ignorant, or.trea-
cherous, if not all three -, when the minutes of
the treaty betv/ixt the CommifTioners of both
kingdoms are duly confidered j and when we-
E 4 * compare
56 Parliamentary A. 1706.
« compare their daftardly yieldings unto the de~
' mands and propofals of the Englijh CommifTioners ;
< who, on the contrary, have valiantly acquitted
* themfelves for the intereft and fafcty of their
* nation.
* We acknowledge it is in the power of the pre-
* fent Parliament, to give remiflions to the fubfcri-
' bers of the forefaid articles •, and we heartily wifh
* for a good agreement among all the members of
* the Parliament, fo as it may tend to the fafety,
* and prefervation of both Church and State, with
* all the privileges belonging thereto, within the
* kingdom of Scotland.
' But if the fubfcribers of the forefaid treaty
* and Union, with their afTociates in Parliament,
* fhall prefume to carry on the faid Union, by a
* fupream power, over the generality of this nation :
* Then and in that cafe, as we judge, tliat the con-
* fent of the generahty of the fame, can only diveft
f them of their facred and civil liberties, purchafed
* and maintained by our anceftors with their blood :
* So we protefl, whatever ratification of the fore-
* faid Union may pafs in Parliament, contrary to
* our fundamental laws, hberties, and privileges,
* concerning Church and State, may not be binding
* upon the nation, now nor at any time to come :
* And particularly we proteft againft the approba-
* tion of the firft article of the faid Union, before
* the privileges of this nation, contained in the other
* articles, had been adjufted and fecured : And fo we
* earneftly require, that the reprefentatives in Par-
* liament, who are for our nation's privileges would
* give timeous warning to all the corners of the
' kingdom ; that we and our poflerity become not
* tributary and bondllaves to our neighbours, with-
' out acquitting our felves, as becomes men and
* chriflians : And we are confident, that the foldiers
* now in martial power, have fo much of the fpirits
^ of
A. 1706. DEBATES. 57
« of Scotchmen^ that they are not ambitious to be •
< difpofed of, at the pleafure of another nation :
« And we hereby declare, that we have no defign
* agai nft them in this matter.
* This was pubhckly read from tlie market- crofs:
' of Dumfries^ about one of the clock in t\\Q
' afternoon, the 20th day o^ November^ 1706.
* with great folemnity, in the audience of
* many thoufands •, the fire being furrounded
* by double fquadrons of foot and horfe, in.
* martial order : And after the burning of the
* faid books, which were holden up, burning
* on the point of a pike, to the view of all the
^ people, giving their confent by huzza's
* and chearful acclamations. A copy hereof
' was left affixed on the crofs, as the tefti-
* mony of the fouth part of this nation againft
* the propofed Union, as moulded in the print-
* ed articles thereof-, this wedefire to beprint-
* ed, and kept on record, Adfuturam rei me-
* moriam.
The 15th article being read, on the 7th of De-
cember^ the report was brought in from the Com-
mittee for examining the calculation of the equiva-
lent, being as follows.
The Committee of Parliament, to whom the Scoubumon
confidering of the calculation of the equivalent was^'^^"""^'
remitted, having confidered the report made to
them by Dr. James Gregory^ profeffor of the mathe-
maticks in the College of Edinburgh^ and the re-
port made by Dr. Tho. Bower^ profeffor of the ma-
thematicks in the College of Aberdeen^ of their fe-
veral and refpe6live examinations of the calculation
and grounds thereof-, whereupon the CommifTioners,
in treating the article for eftablilhing the equivalent
mentioned in the article, fay it is juft, and the
calculation
58 Parliamentary A. i7o6*
calculation is exa6b, and well founded in the terms,
^ ^ and in manner expreflfed in the faid article. Where-
upon it was propofed to delay the confideration of
the faid 15th article, until reports were brought in,
in relation to the 6th and §th articles from the
Committee, to whom the faid articles were re-
mitted.
And after debate upon it, it was agreed, that the
proceeding on the 1 5th, fhall not be underftood to
be any determination of the 6th or 8th articles that
flood committed ; but that the reafoning and voting
on the 6th or 8th articles, fhall be entire.
Then a ftate of a vote was offered in thefe terms,
approve of the firft paragraph of the 1 5th article,
or not.
But it being moved, that the Parliament firft
confider, whether they fhould be concerned in the
payment of the Englijh debts. A fecond ftate was
thereupon offered, whether they ftiould engage in
the payment of the debts of England j yea or no .
• And after fome reafoning on it, it was put to the
vote which of the two ftiould be the ftate of the
vote, firft or fecond.
And the Lord Belhaven gave in a proteft as fol-
L6^Beiba- Iqws. * I do protcft in my own name, and in the
rgTinftTeing ' name of all thofe who do adhere to this my pro-
^thc sTljb ' ^^^' ^^^^ ^^^ voting and agreeing to the firft
aebts. ' * claufe-ofthe 15th article of the treaty of Union,
* does no ways infer any manner of confent or a-
' greement, that Scotland ftiould be liable to the
* Englijh debts in general ; but that it may be law-
* ful to objed againft any branch of the faid debt
* not already determined, and he took inftruments
' upon it, and adhered thereunto.*
Then
A. 1706. DEBATES. -59
Then the vote was put fir ft or fecond, and it was
carried firft. Thereafter it was put to the vote, ap-
prove of the firft claufe or paragraph of the 15th ar-
acle or not, and carried approve.
The 6th article admi.tted of many debates, but sixth article
was at laft, on the 1 6th, paffed with feveral additions, ^^^^^'
^.enlargements, and explanations , but before, viz. on
the 1 2th, the Parliament ordered, that a fcurrilous
print, intitled, ^eries to the Presbyterian Noblemen^
Barons^ Burgejfes., Minifters^ and Commoners in Scot-
land, who are for the fcheme of an incorporating Union
with England, according to the articles agreed upon by
the Commijfioners of both nations., be burned by the
hand of the common hang-man at the market-
crofs of Edinburgh to-morrow, between 11 and 12
of the clock, and the Magiftrates of Edinburgh ap-
pointed to fee the fame pundually done. And re-
mitted to the Committee of Parliament, to whom
the 6th and 8th articlesof Union were remitted, to
make enquiry after the printer, author, and ingi-
ver of the faid fcurrilous paper.
And on the i6th a fcurrilous print, aflerting the
dependency of the crown and kingdom of Scotland
upon that of England^ was brought in, and feveral
paragraphs thereof being read. Ordered that the
fame be burnt by the hand of the common hang-
man, at the market-crofs of Edinburgh next morn-
ing. The Vlllth article of the Union took up the
Parliament's time from the 17th to the 26th, when
'twas approved with the feveral alterations, additi- Eighth and
ons, and enlargements made unto it •, they went ll^J'^'^^^
thro' the 15th article on the 30th, and pafted it.
The XVIth and XVIIth articles were approved xvith,
of on the 30th : Then the XVIIIth article was ^vilith"^
read, and a motion was made for making an addi- ^^^<:i« p^-
tional claufe to it, in thcfc words j * And that in ^''^'
• * making
6o Parliamentary A, 1706.
* making any fuch laws, fpecial regard be had to
* overtures to be prefented to that Parliament by
* the Lords of fefTions of Scotland.^ And after fur-
ther reafoning, an overture was given in for adding
another claufe, in thefe terms •, ' That all Scotch-
* men be exempted from the Englijh facramental
* tefl, not only in Scotland^ but in all places of the
* united kingdom and dominions thereunto belong^
* ing -, and that they be declared capable of offices
* throughout the whole, without being obliged to
' take the faid teft.' And after debate, it being
moved, ' That it was not now entire to add the
^ faid claufe in relation to the facramental tefl, in
* refped of the vote of Parliament of the twelfth
* of November lail, againfl adding the like claufe :*
After feme further difcourfe thereon, it was agreed,
' That the fame fhould be put to the vote, and
'. that the members votes be marked, and the lift
* of their names, as they fhould vote, be printed
* and recorded, as.ufual.' ...
Then the vote wa^ put, whether it was entire to
add the claufe, or not ? And it carried, not : And
ib it was approved of.
Scotch aa The Scotch Parliament, on the 2d of January^
JdiWni'ng pafled an a6t for adjourning the fefiion or term one
the term, month longer •, .and then proceeded on the 19th ar-
ticle, to the firil claufe whereof they agreed with a
ftipulation, that the Lords of the fefTion fhould, for
the future, be taken from among the advocates and
writers to the fignet (which was carried by thirteen
votes only) and none to be deemed capable, that
had not pradlifed the law at lead five years for the
former.
The next day, a motion was made for an additional
claufe, in relation to the qualification of writers,
z;/z. .' With this provifion, that no writer to the
* fignet be capable to be admitted Lord of the
* fefTionj
A. 1706. DEBATES. 61
' feflion, unlefs he undergo a private and publick
* trial in the civil law before the faculty of advo-
5 cates, and be found by them qualified for the a-
* bovefaid office, two years before they {hall be
* named to be a Lord of the feffion.' After reafon-
ing, the vote was ftated, add or not : But before
voting, it was moved, ' that the qualifications
* made, or to be made for capacitating perfons to be
* named ordinary Lords of the feffion, fhall be alte-
* rable by the Parliament of Great-Britain •, ' and af-
ter debate, it was put to the vote, and carried al-
terable, by 60. Then the vote was put, to add the
claufe about the qualification of writers, and it was
carried, add. The other claufes of the 19th article The igtw
being read, and debated, the whole, as amended, "roved.^^'
was approved.
The 4th was fpent in private afi'airs ; for which,
the Lord Chancellor, by order of the High Com-
miffioner, acquainted the houfe, that two other days
Ihould be appointed in this feffiion.
On the 6th, the 20th article, with the addition of The 20th
the word Superiorities., and the 21ft, without any a- anidesap^
mendment, were approved ; and the next day the pf'^^'^^-
2 2d article was read ; and afterwards, the firft para- The zzd
graph in relation to the number of reprefentatives bated.
for Scotland in the Parliament of Great- Britain^ was
read over again. After a long debate, a vote was
dated, approve of the firfh paragraph of the faid
article, or not ; but before voting it was agreed, that
the names of the members as they voted ffiould be
printed and recorded ; and George Lockhart of Cam-
ivarth^ Duke o{ Athol., Earl diBuchan., Earl o^ Errol^ _
Earl Marifchal^ and Walter Stewart^ for the town of
Linlithgow^ gave in 6 feveral protefts, and took in-
ftruments thereof feparately. Then the vote was
-put, approve of the. firft paragraph of the 2 2d arti-
cle, or not, and it was carried, approve by 40. The
fecond
62 Parliamentary A. 1706,
fecond paragraph of the faid article, about the cal-
ling the i*cprefentatives from Scotland to the Parlia-
ment of Great 'Britain^ beginning thus, (' And that
* when her Majefty^ Sec.*) and ending this, (' That
* the names of the perfons fo fummoned^ and eleSfed,
* Jhall he returned hy the Privy -Council of Scotland,
* into the court from whence the faid writ did iffue^)
was again read •, and after fome debate, an amend-
ment was offered to be added, after thefe words,
(according to the agreement in this treaty) viz. * In
* fuch manner^ as by a fubfequent Parliament a^^ of
* this prefent feffion of the Parliament of Scotland,
* fhall be fettled^ which is hereby declared to be alfo
* voted^ as a part of and engroffed in this treaty ♦,'
and after further reafoning, it was moved, that the
way and manner of choofing the reprefentatives for
Scotland^ to the Parliament of Grf^/-5r/7^/;?, fhould
be determined ; and that a claufe to that purpofe be
engroffed in this article : After debate the vote was
ftated. Approve of the fecond paragraph of the 22d ar-
ticle^ as amended by the above additional claufe., yea
or not ; whereupon it being moved, to delay the faid
vote till next fitting of Parliament, a previous vote
was dated, proceed.^ or delay., and it was carried, pro-
ceed. Then it was put to the vote, approve of the
faid 2d paragraph of the 2 2d article with the amend-
ment in the additional claufe above- inferted, or not.
The claufe with the amendments being again read,
the Earl of Abercorn gave in a prorefl, and took in-
ftruments thereupon. At laft the vote was put, ap-
prove, or not, and it was carried, approve.
On the 8th it was moved, that the four pro-
tefts given in the former fitting by the Duke
of Athol., Earl of Buchan^ George Lockhart of Cam-
wath., and Walter Stewart., ought not to be inferted
in the minutes, nor printed j and after fome reafon-
ing, the Earl of Marchmont gave in a proteilation a-
gainft the faid four protefts, took inftruments there-
upon.
A. 1706. DEBATES. 63
upon, and the Lord Chancellor, the Marquefs of
Montrofs^ Prefident of the Council, the Duke of ^r- .
gyle^ the Marqueffes of Tweedale and Lothain^ and
nioft of the well-affeded to the Union, adhered there-
to. The next day the Lord Balmerino gave in a pro-
teftation againft that of the Earl of Marchmont^ took
inftruments thereupon, and the Duke of Hamilton
and his party adhered to the fame. After fome fur-
ther debate it was agreed, that none of the faid pro-
tefts fhould be inferred at length, in the minutes, or
printed- i but that they fhould be all inferred in the
records of Parliament.
Then the 3d paragraph of the 2 2d article, begin- The 3d
ning, viz, ^ And that if her Majefty^ on^ or before the zzd artfci?*^
* firft day of May next^ &c. and ending thus, viz, approved.
* And that the Parliament may continue for fuch time
* only^ as the prefent Parliament of England might
* have continued^ if the Union of the two kingdoms had
' not been made^ unlefs fooner dijfolved by her Majefly^
was read: And after reafoning thereon, it was mo-
ved, to add the following claufe, viz. And that the
faid Parliament of Great- Britain fhall meet^ and Jity
once in three years^ at leaft^ in that fart of Great-
Britain now called Scotland. After further debate,
there were two flates of the vote offered, the firfl. Ap-
prove of the third paragraph of the zid article^ or not ;
and -the 2d, add the above claufe^ or not ; and the
vote being put, firfl or fecond^ it was carried firfl ;
afterwards the vote was put, approve of the third
paragraph of the faid article, or not, and it was
carried approve. Then the refl of the faid arti-
cle was read, and after fome reafoning, and read-
ing of the oaths to which it related, an overture was
given in for an additional claufe, for explaining the
word limitationy mentioned in the oath appointed
to be taken by Stat. 13 IVill. III. ch. 6. as alfo an
overture /?r exempting, perfons in any office or employ-
ment in Scotland, from taking the oath of abjuration
mentioned
64 Parliamentary A. 1706.
mentioned 'in the faid article, A third overture was
. given in foraclaufe, That fo long as the aEl appoint-
ing the facramental teft^jhall continue in force in Eng-
land, all perfons in puhlick truft within the limits of
Scotland, Jhallfwear, andjign a formula thereto fub-
joined^ in manner, and under the penalty therein
mentioned. After reading the faid three overtures,
and reafoning thereon, a vote was ftated, approve
of the twenty fecond article of Union as explained^ or
not. But before voting it was agreed, that not-
withflanding of the* faid vote, and that the article
Ihould thereby be approved, it Ihould neverthelefs
be entire and free afterwards, to the Parliament to
give their fentiments thereon. And it being there-
upon moved to delay the vote for approving the ar-
ticle till next fitting, a previous vote was ftated ;
The 22d ar- procccd^ OX delay ^ and it carried proceed. Then the
ved! '^^''°" vote was put, approve the twenty fecond article as ex-
plained^ or noty arid it was carried approve.
On the loth, after reading the addrefs of Perth
againft an Union, in the terms of the articles, the
overture /?r exempting perfons in any office or imploy-
ment in Scotland, from taking the oath of abjura-
tion mentiofied in the 2 id article of the Union ^ was
again read, and after fome reafoning thereon, the
overture was dropt. Then the overture for an ad-
ditional claufe to the faid 2 2d article, for explain-
ing the word liinitation^ mentioned in the oath
appointed to be taken by 13 Will. Ill, cap. 6. was
again read, viz. Like as it is declared., that by the
word limitation, in the oath mentioned in the above
article^ is only undcrftood., entail of the fucceffion^ and
not the conditions of government upon the fucceffor *, and
that all perfons of Scotland, who may be liable to take
the faid oath,, fw ear it in that fen fe only. And, after
reafoning thereon, the vote was put, add the faid
claufe or not^ and it was carried^ ;;<?/. Then the
third
A. 1707. DEBATES. 65
third overture for a claufe to be added to the fald
2 2d article mentioned in the minutes of the Jaft fit-
ting was again read in thefe terms, and further^ it
is agreed^ that fo long as that part of the id a5f^ Anno
25. Ch. II. appointing a facr anient al teft, jhall ftand^
and continue in force in England, allperfons in puhlick
trujly civil or military^ within the limits of Scotland,
fhall fwear and fign /i?^ formula underwritten^ within
fix months after the commencement of the Union : And
all who fhall he admitted to any puhlick trufl thereafter^
jhall^ hefore the exerciftng their faid office of trufi^
fwear and fuhfcrihe the fame ^ to he adminiflred hy the
Lords of the Privy -council^ or any one of them^ under
the like penalties and difahilities, as are provided hy the
forefaid a6i made in the Farliament of England. Here
follows the /?n;2^//(^. / A. B. dofincerely and folemn-
ly declare^ in the prefence of GOD^ that I own the
Preshyterian government of the Churchy as hy law efia-
hlifhed in Scotland, to he a lawful government of the
Church \ and that I fhall never ^ dire5lly nor indire^ly^
endeavour the fuhverfwn thereof^ nor any alteration in
the worfloip^ difcipline or government of the faid Churchy
as hy law eftaUifhed : So help me G O D. After
reafoning thereon, the vote was put, add the clanfe
or not^ and it was carried not^ by a majority of ^5
voices. Then the 23d article of Union was read;
and after reafoning thereon, the further debate was
adjourned till the 13th, when an overture was given
in, for adding a claufe thereto, in thefe terms, with
this exprefs provifion^ that none of the Peers of Scot-
land yZ?^// have perfonalproteBion within Scotland, for
any deht owing hefore the commencement of the Union,
As alfo another overture for adding a claufe, in thefe
terms. That all the Peers of that part of Great-Bri-
tain now called Scotland, qualified according to law^
fhall after the Union^ have right to fit covered in the
houfe of Peers ^/ Great- Britain, notwithflanding that
the right to give vote therein belongs only to the faid
Vo L. V. F fixte^n
66 Parliamentary A. 1707,
Jixteen Peers^ who are to he fummoned in the manner
appointed by the preceding article. After reafoning
upon the faid two overtures, and upon two feparate
motions, the firft in relation to allowing all the Peers of
Scotland to Jit upon the trial of the Peers of Britain ;
Thc«3d and the other in relation to their precedency ac*
providf^' cording to their patents : The vote was ftated in
thefe terms, approve the 23^ article of Union , or
alter y referving entire the conjideration of the above
two overtures^ and whether the fame Jhall be added
to the article^ and it was carried approve. Then
the firft overture for the claufe, in relation to
perfonal protedlion, was again read ; and after
debate, it was put to the vote, add the claufe^ or
not^ and it was carried not. Afterwards the fe-
cond overture, or a claufe, in relation to all the
Peers of Scotland, their fitting covered in the houfe
of Peers of Great-Britain, was again read, and
after reafoning, the vote was put, add the claufe,
or not, and it was carried not.
On the 14th the 24th article was read, whereup-
on a memorial was given from Lyon King of arms,
in relation to his precedency, which being read, after
reafoning it was moved, that the rank and prece-
dency of Lyon King of arms, be left to her Ma-
jefty, and next to thefe words, in the faid article,
viz. {And that the quartering the arms) thefe other
words, viz. And the rank and precedency of Lyon
King of arms of the kingdom of Scotland, be added.
And it being alfo moved, that his rank fhould be
likewife inferred in the faid article, to be immediate-
ly next after Garter principal King of Arms in Eng-
land : After debate, it was put to the vote, add the
above words, nat the rank and precedency be left to
her Majefty^ or infert the rank and precedency, and
it was carried, the words', which being accordingly
added, there was another claufe offered to be added
to the 24th article, viz, ^ And that the crown, fcep-
' ter
A. 1707. DEBATES. 67
* ter and fword of flare, records of Parliament,
* and all other records, rolls, and regifters whatfo-
« ever, both publick and private, general and par-
* ticLilar, and warrants thereof, continue to be kept,
* as they are, in that part of the united kingdom,
* now called Scotland^ and that they Ihall fo remain
* in times coming, notv/ithftanding the Union.*
Which being read, the fame was agreed to be added,
and was accordingly fubjoined, and the article as a-
mended, read over. Then the vote was put, ap- The 24th
prove of the faid 24th article, as amended or not, anicies^-
and it was carried approve. The 25th article of Uni- pi'oved'
on being read ; after reafoning thereon, the vote
was put, approve of the 25th article, or not, and it
was carried approve.
Next day the draught of an adl, ratifying and
approving the treaty of Union of the two king-
doms of Scotland and England^ was given in, and of-
fered to be read ; whereupon it was moved, that the
Parliament fhould firll proceed, to the conftitution
of the manner of electing the reprefentatives iox Scot-
land to the Parliament of Great -Britain^ and either
now to determine the matter, or to appoint a day
for that end. After debate the vote was dated,
* proceed to the ratification of the treaty of Uni-
* on, and a6t for fecurity of the Proteftant religion,
* and Prefbyterian Church government, or to the
* conftitution of the manner of eledling the repre-
* fentatives for Scotland to the Parliament of Great-
* Britain •,' but before voting, it was agreed, that
in cafe it fhould be carried to proceed to the ratificati-
on, the Parliament would immediately, after pafiing
the ad of ratification, proceed to the conftitution
of the manner of ele6ling the reprefentatives for
Scotland. Then the vote was put, proceed to the
ratification or conftitution, and it was carried rati-
fication : After which the draught of the ad, ra-
tifying, approving, and at length, narrating the
articles of Union, as enlarged, explained, and amend-
F 2 ed.
68 Parliamentary A. 1707.
ed, and the act for fecurity of the Proteftant reli-
gion, and Prefbyterian church government, was
read ; and after fome difcourfe, a firll reading mark'd
thereon. On the i6th, the faid adl was read a fe-
Aa for fe- cond time -, and then the a6l for fecurity of the Pro^
Preft ter?n ^^ft^^^ veligion^ and Presbyterian church government^
church go- inferted in, and ratified by that a(5t, was touched
^'ffT"^ with the royal fcepter, by the Lord High Com-
mifTioner. Immediately after this, the following re-
prefentation and petition^ was prefented to the houfe :
The Reprefentation and Petition of the Com-
miflion of the General Affembly of the Na-
tional Church of Scotland^ was prefented to
the houfes
Humbly Shewing,
Reprefenta- ' 'T^HA'T we^ confidering the trufl repofed in us by
*h"ch!^" h^ ' ^^^ ^^^^ General Jffembly^ find it our duty to lay
ei Scotland, ' before your Grace and Lordfhips^ when as we are
* informed^ you are about the paffing of an a5l of ra-
* tification of the articles of the treaty of Union betwixt
* the two kingdoms of Scotland and England, which
* contains thefe following words ; declaring neverthe-
« lefs, that the Parliament of England^ may provide
* for the fecurity of the Church of Eftgland^ as they
* Ihall think expedient, to take place v/ithin the
* bounds of the faid kingdom of England^ and not
' derogating from the fecurity above provided, for
* eflablifhing the Church of Scotland within the
' bounds of this kingdom, which fhall not fufpend
' or derogate from the force and effedl of this pre-
' fent ratification, but fhall be underflood as here in-
' eluded, without any neceflity of any new ratifica-
* tion in the Parliament of Scotland : Which claufe
* feems to us^ not only to be a blank, put^ with your
*• Grace and Lordfhips confent^ in the hands of the
^ Parliament of England, to ena^ what they fhall
' think
A. 1707. DEBATES. 69
< think fit^ for fecuring the hierarchy and ceremonies
« of their Church : But alfo a confent that it he an
« article and fundamental of the Union \ and as it is
« contained in your ratification^ cannot but imply a
* manifeft homologation,
< We do therefore humbly befeech your Grace
* and Lordfhips, that there be no fuch ftipu-
* lation, or confent for the eftablifhment of
* that hierarchy and ceremonies, as you would
* not involve your felves and this nation in
« guilty and as you confult the peace and quiet
« of this nation, both in Church and State. We
« pray, that GOD may blefs and preferve our
* gracious ^een, and diredl your Grace and
* Lordfhips in this, and all the great and mo-
' mentous affairs, which are or may be before
* you.
Signed in the name., in the prefence^ and at the ap-
pointment of the commiffion of the late General
Jffemhly^ hy
fic fubfcribitur Will. Wifhart, Moderator,
After reafoning upon the a6l and reprefentation,
the vote was flated, approve the a^^ or not : But be-
fore voting, it was agreed, that the votes be mark'd,
and the Chancellor allowed to be marked, as an ap-
prover. At the fame time, the Duke of Douglas
gave in his proteflation for his privilege of the firfl
vote in Parliament, and took inflruments thereon,
and the Duke o^ Hamilton gave in alfo a proteflation to
the contrary. Then the vote was put, approve the The aft of
a5f^ ratifying and approving the treaty of Union of the p'^^^"^'"*
two kingdoms of Scotland and England, yea, or not,
and it was carried approve ^ by a majority of no
voices, againfl 6^., and then the ad was touched
with the royal fcepter by her Majefty's High Com-
mifTioner in the ufual manner.
F 3 The
yo Parliamentary A. 1707.
The next bufinefs the Scotch Parliament went up-
on, was the preparing an a5l for the fettling the
manner of elehing the Jixteen Peers^ and forty five
Commoners^ to reprefent Scotland in the Farliament
of Great-Britain, which was debated in the fittings
of the 20th, 2 ift, 22d, 24th, 27th, 28th, 29th, and
31ft: inftant. On the 2 2d, an overture relating to
the ways of elefting the reprefentatives for Scotland^
The manner to the Parliament of Great-Britain^ was read. And
therep"e- ^^cr rcafoning thcrcon, the vote was put, whether
f"r/r!;T°^ the 16 Peers, Who were to be reprefentatives for Scot-
fettled. land in the Parliament of Great-Britain^ fhould be
fent by rotation or eledion ; and it was carried by
eledlion. Then it was moved, that it be confidered,
what way the eledion fhould be, whether by bal-
loting, or by an open eledion : And after debate
thereon, the vote was put, whether it fhall be by
open eledion, or balloting •, and it was carried by
open eledion. The 24th it was debated what pro-
portions the Ihires and boroughs fhould have, of the
45 members that were to fit in the houfe of Com-
mons of Great-Britain, And it being propofed, that
30 fhould be the number for the fhires, and 15 the
number for the boroughs, it was put to the vote,
and carried approve.
The 29th, a vote was put, if the burgh of £^/;?-
burgh^ by itfelf, fhould have one reprefentative or
not, and it was carried one. Then a fchem.e divi-
ding the burghs into 15 diflri6]:s, each of which di-
flri^l was to have one reprefentative, was given
in, and read as follows: The burghs of Kirk-
waU Week^ Dornock^ Li?tg'wal2in^Tain^ one; For^
trofs^ Invernefs^ Nairn and Fcrres^ one ; Elgin^
CuUen^ Bamf^ Inverury and Kintore^ one •, Aher-^
deen^ Bervie^ Montr of s., Aherhrothock and Breichin^
one \ Forfar^ Perth^ Dundee^ Cowper and Si. An-
drews., one -, Crj//, Kilreany., Anflruthers eajler and
wefter^ and Pitenween^ one ; Vyfart^ Kirkaldy^ King-
hornQ
A. 1707. DEBATES. 71
home and Brunt-IJland^ one ; Inverkeath, Dum^
ferlingy §^een*s -ferry ^ Culrofs^ and Sterlings one;
GlafcoWy Renfrew^ Rutherglen and Dumbarton^ one ;
Edinhurghy one ; Haddington^ North Berwick^ Bun-
bar ^ Lauder and Jedburgh^ one ; Selkirk ^ Pebles^
Linlithgowy and Lanerk^ one ; Dumfries^ Sanqhuar^
Anan^ Lochmoban and Kircudbright^ one ; /F/g--
/<?«», New-Galloway^ Whithorn and Stranrawer^
one ; y?/r^, Irwin^ Rothfey^ Cambleton and Inverary
one.
This vote being put, the fcheme was carried, and
the Parliament on the laft of this month, took into
confideration a motion for allowing the expence to scotchCom-
the CommiiTioners for the Union, and it was refol- ^jf °"'^'*
ved, that each nobleman concerned fhould have their ex-
12000/. Scotch, and every other Com miflioner 6000 ; ?'""'*
their Secretary 4800 /. the three Accomptants 2400/.
each, out of the equivalent, pari pajfu^ with publick
debts, after the African company ; but before vo-
ting, the votes were ordered to be printed, and
the Lord Archibald Campbell^ then made Earl of IJla^
was allowed his expences as a nobleman : It was al-
fo carried, that the Commiflioners for the treaty in
1702, fhould be allowed for their expences, each no-
bleman 500 /. Sterlings each Baron 300 /. and each
borough 200 /. and the expence was declared to be
a publick debt, and referred to a Committee to (late
the fame as fuch.
F 4 'The
guifhed.
72 Parliamentary A. 1707.
Tthe Articles of the UNION as they pajjed
with amendments in the Parliament of Scot-
land, a?2d ratified by the touch of the
Royal Scepter at Edinburgh, January 16,
1707, By James Duke of Queensbury,
her Majejiys High CommiJJioner for that
kingdom.
Note, That the Amendments are all in Italick, that
they may the better appear to the reader* s view,
union?wfth ' I- ^T^H AT the two kingdoms of Scotland and
their amend- * J[ £;/^tei, Dial I, upon the firft day of iVf^jX
Sed^'^'''' ' "^^^ enfuing the date hereof, and for ever after^
' be united into one kingdom, by the name of
* Great-Britain^ and that the enfigns armorial of
' the faid united kingdom, be fiich as her Majefty
* fhall appoint; and tho. crofts o^ Sx.. Andrew and
* St. George be conjoined in fuch a manner as her
* Majefty fhall think fit, and ufed in all flags,
* banners, ftandards, and enfigns, both at fea
* and land.'
II. ' That the fucceflion to the monarchy of the
^ united kingdom of Great-Britain^ and of the do-
* minions thereunto belonging, after her moft facred
* Majefty, and in default of iffue of her Majefty,
* be remain, and continue to the moft excellent
* Princefs Sophia, Ele6lrefs and Duchefs Dowager
* o{ Hanover^ and the heir^of her body, being Pro-
* teftants, upon whom the crown o{ England^ is fet-
* tied, by an a6l of Parliament made in £?/g-te^, in
* the twelfth year of the reign of his late Majefty
^ King William the thirds entituled. An a^ for fur-
^ ther limitation of the crown ^ and better fe curing
' the rights and liberties of the fubje5t. And that
* all Papifts, and perfons marrying Papifts, fhall be
* excluded
A. 1707. DEBATES. 73
' excluded from, and for ever incapable to inherit,
* pofTefs, or enjoy the imperial* crown o^ Great-Bri-
* tain^ and the dominions thereunto belonging, or
^ any part thereof. And in every fuch cafe, the
^ crown and government fhall from time to time
* defcend to, and be enjoyed by fuch perfon, being
* a Proteftant, as fhould have inherited and enjoyed
* the fame, in cafe fuch Papift, or perfon marry-
* ing a Papift, was naturally dead, according to the
' provifion for the defcent of the crown oi England^
* made by another adt of Parliament in England^ in
* the firft year of the reign of their late Majefties
' King William and Queen Mary^ entituled, An a^
' declaring the rights and liberties of the fithjeEi^ and
* fettling the fucceffion of the crown,^
III. ' That the united kingdom of Great-Britain
* be reprefented by one and the fame Parliament, to
^ be ftiled the Parliament of Great-Britain, ""
IV. ' That all the fubjedls of the united kingdom
' o^ Great- Britain fhall, from and after the Union,
* have full freedom and intercourfe of trade and
* navigation, to and from any port or place with-
' in the faid united kingdom, and the dominions
' and plantations thereunto belonging -, and that
* there be a communication of all other rights, pri-
' vileges, and advantages, which do or may belong
' to the fubjedls of either kingdom, except where it
* is otherwife exprefly agreed in thefe articles.'
V. ' That all fhips or veflels, belonging to her
* Majefty's fubjeds of Scotland^ at the time of ra-
* tifying the treaty of Union of the two kingdoms, in
' the Parliament of Scotland, though foreign built,
* be deemed, and pafs as fliips of the build of Great-
* Britain ; the owner, or where there are more
* owners, one or more of the owners, within twelve
^ months after the firft of May next, making oath,
^ that
74 Parliamentary A. 1707:
* that at the time ^f ratifying the treaty of Union
* in the Parliament of Scotland, the fame did, in
* whole, or in part, belong to him or them, or to
* fome other fubjed or fubjeds of Scotland, to be
« particularly named, with the place of their re-
« fpedive abodes ; and that the fame doth then at
« the time of the faid depofition, wholly belong to him,
* or them, and that no foreigner, diredly or indi-
* redlly, hath any fhare, part, or intereft therein.
* Which oath fhall be made before the chief officer
« or officers of the cuftoms, in the port next to the
« abode of the faid owner or owners : And the
« faid officer or officers, fhall be impowered to ad-
* miniftrate the faid oath : And the oath being fo
* adminiilrated, ffiall be attefted by the officer or
* officers, who adminiilrated the fame. And be-
* ing regiftred by the faid officer or officers, ffiall be
* delivered to the mafler of the fhip for fecurity of
* her navigation ; and a duplicate thereof fhall be
« tranfmitted by the faid officer or officers, to the
* chief officer or officers of the cuftoms in the port
* of Edinburgh, to be there entered in a regifter,
* and from thence to be fent to the port of London,
* 4:0 be there entered in the general regifter of all
« trading fhips belonging to Great -Britain.
VI. « That all parts of the united kingdom, for
* ever, from and after the Union, fhall have the fame
« allowances, encouragements, and draw-backs, and
* be under the fame prohibitions, reftridions, and
* regulations of trade, and liable to the fame cu-
« ftoms and duties, and import and export. And
* that the allowances, encouragements, and draw-
* hacks, prohibitions, reftriclions, and regulations,
* of trade, and the cuftoms and duties on import
* and export fettled in England, when the Union
* commences, ffiall, from, and after the Union, take
* place throughout the whole united kingdom :' Ex-
cepting and referving the duties upon e^iport and im-
perty
A. 1707. DEBATES. 75
fort^ of fuch particular commodities^ from which any
ferfons^ the fuhje^s of either kingdom^ are fpecially
liberated and exempted by their private rights^ which
cfter the Union are to remain fafe and entire to them
in all refpe^s^ as before the fame. And that from,
and after the Union^ no Scots cattle carried into Eng-
land, fhall be liable to any other duties^ either on the
publick or private accompts^ than thefe duties^ to
which the cattle of England are^ or fhall be liable
within the fa id kingdom. And feeing by the laws of
England, there are rewards granted upon the expor-
tation of certain kinds of grain ^ wherein oats grind-
ed or ungrinded, are not exprejfed^ that from, and
after the Union ^ when oats fljall be fold at fifteen
fhillings Sterling per quarter, or under, there fhall
be paid two fhillings and fix pence Sterling for every
quarter of the oatmeal exported, in the terms of the
law, whereby, and fo long as rewards are granted
for exportation of other grains ; and that the beer of
Scotland, have the fame reward as barley : And in
refpe^l the exportation of visual into Scotland from
any place beyond fea, would prove a difcouragement
to tillage, therefore that the prohibition, as now in
force by the law of Scotland, againft importation of
visual from Ireland, or ayiy other place beyond fea
into Scotland, do, after the Union, remain in the
fame force as now it is, until more proper and effe^ual
ways be provided by the Parliament of Great-Britain,
for difcour aging the importation of the faid victual from
beyond fea.
VII. ' That all parts of the united kingdom be
' for ever, from, and after the Union, liable to tlie
* fame excifes upon all excifeable liquors,' Excepting
only that the thirty four gallons Englilh barrel of beer
or ale, amounting to twelve gallons Scots prefent mea-
fure, fold in Scotland by the brewer at nine fmllings
fix pence Sterling, excluding all duties, and retailed,
including duties^ and the retailers profit at two
pence^
7^ Parliamentary A. 1707.
pence the Scots pint, or eighth part of the Scots gallon,
be not after the Union liable on account of the prefent
excifeupon excifeahle liquors in England, to any higher
tmpojition than two fhillings Sterling upon the forefaid
thirty four gallons Englifh barrel, being twelve gallons
the prefent Scox& meafure, « And that the excife
* fettled in England on all other liquors, when the
' Union commences, take place throughout the
* whole united kingdom.'
VIII. « That from and after the Union, all fo-
* reign fait which fhall be imported into Scotland,
' Ihall be charged at the importation there, with the
* fame duties as the like fait is now charged with be-
* ing imported into England, and to be levied and
* fecured in the fame manner.' But in regard the
duties of great quantities of foreign fait imported, may
be very heavy upon the merchants importers, that there-,
fore all foreign fait imported into Scotland, fhall be eel-
lered and locked up under the cuftody of the merchant im-
porter, and the officers employed for levying the duties
upon fait ; and that the merchant may have what quan-
tities thereof his occafions may require, not under a weigh
or forty bifhels at a time, giving fe cur ity for the duty of
what quantities he receives payable infix months. ' But
* Scotland fhall, for the fpace of feven years, from
* the faid Union, be exempted from paying in Scot-
« to^ for fait made there, the duty or excife now
payable for fait made in England-, but from the
* expiration of the faid feven years, fhall be fubjedb
and liable to the fame duties as fait made in Eng-
* land, to be levied and fecured in the fame man-
* ner, and with proportionable draw- backs and allow-
\ ^^T ^^^" ^^g^^^^-^ with this exception,' That Scot-
Imd fhall, after the faid feven years, remain exempted
}rom the duty of two fhillings and four pence the bufhel
on home fait, impofedby an a5i made in England in the
ninth and tenth years of KingWiWizm the third of "Eno^^
land', and if the Parliament ^/Great-BritainT^^//, at.
cr
A. 1707. DEBATES. 77
or before the expiring of the faid feven years ^ fuhftitute
any other fund ^ in place of the f aid twofhillings and four
pence of excife upon the bujhel of home falt^ Scotland
Jhall^ after the f aid f even years ^ hear a proportion of the
f aid fund ^ and have an equivalent in the terms of this
treaty, 'And that during the faid feven years, there
* fhall be paid in England for all fait made in Scot-
* land^ and imported from thence into England^ the
* fame duties upon the importation, as fhall be pay-
' able for fait made in Eftgland^ to be levied and fe-
* -cured in the fame manner as the duties on foreign
' fait are to be levied and fecured in England. And
* that after the faid feven years,' how long the faid du-
ty of two fhillings four pence a hufhel upon fait is con-
tinued in England, the faid tivo fhillings four pence a
hufhel^ fhall he payable for all fait made in Scotland and
imported into England, to be levied and fecured in the
fame manner \ and that during the continuance of the
duty of two fhillings four pence a hufhel upon fait made
in England, ' No fait whatfoever be brought from
* Scotland to England by land in any manner, under
* the penalty of forfeiting the fait, and the catde
* and carriages made ufe of in bringing the fame,
* and paying twenty fnillings for every bufhel of
' fuch fait, and proportionably for a greater or lefifer
* quantity, for which the carrier as well as the
* owner fhall be liable, jointly and feverally, and
' the perfons bring or carrying the fame, to be
« imprifoned by any one juftice of the peace, by
* the fpace of fix months without bail, and until
' the penalty be paid. And for eftablifhing an equa-
* lity in trade, that all flefh exported from Scotland
' to England., and put on board in Scotland., to
* be exported to ports beyond the fea,' and provifwns
for fhips in Scotland, and for foreign vayages., may be
faltedwith Scots fait., paying the fame duty for what fait
is fo employed., as the like quantity of fuch fait pays in
England, and under the fame penalties., forfeitures and
provijions^ for preventing of fuch frauds as are mentioned
in
7^ ^ Parliamentary A. 1707.
in the laws ^/England : < And that from and after the
* union, the laws and ads of Parliament in Scot^
* land for pineing, curing and packing of herrings,
* white fifh and falmon, for exportation with fo-
* reign fait only, without any mixture of Britifli or
* lY\i\\faU\ and for preventing of frauds, in cur-
* ing and packing of fifh, be continued in force in
* Scotland, fubjed to fuch alterations as ihall be made
* by the Parliament of Great-Britain -, and that all
* fifh exported from Scotland to parts beyond the
* feas, which fhall be cured with foreign fait only,'
and without mixture of Britifh or Irifh/^//, fhall have
the fame eafes, pi^emiums and draw-hacks^ as are or
fhall he allowed to fuch perfons as export the like fifh
from England : « And that for encouragement of the
* herring filhing,' there fhall he allowed and payed to
ihefubje^s, inhabitants of Great-Britain, during the
prefent allowances for other fifhes, ten fhillings five
pence fterling for every barrel of white herring, which
fhall be exported from Scotland ; and that they fhall he
allowed five fhillings flerling for every barrel of beef or
porkfalted with foreign fait, without mixture ^/Britifh
or hiV[\ fait, and exported for file from Scotland to
parts beyond fea, alterable by the Parliament of Gr^dit-
Britain. '^ And if any matters of frauds, relating
' to the faid duties on fait, fliall hereafter appear,
* Wxhich are not fufficiently provided againfl by this
* article, the fame fhall be fubject to fuch further
* provifions, as fhall be thought fit by the Parliament
* 0^ Great-Britain,*
IX. « That whenever the fum of one million
* nine hundred ninety leven thoufand, feven hun-
* dred and fixty three pounds, eiaht fhillings,
* four pence half-penny, fhali be enaded by the
* Parliament of Great-Britain, to be raifed in that
' part of the united kingdom, now called England,
* on land and other things ufually charged in aa:s
* of Parliament there, for granting an aid to the
* crown
A. 1707. DEBATES. 79
* crown by a land tax; that part of the united
* kingdom, now called Scotland^ fhall be charged
< by the fame a6l, with a further fum of forty
< eight thoufand pounds, free of all charges, as
* the quota of Scotland to fuch tax, and fo propor-
* tionably for any greater or leffer fum raifed in Eng-
* land^ by any tax on land, and other things
< ufually charged, together with the land ; and that
* fuch quota for Scotland^ in the cafes aforefaid, be
* raifed and coiledted in the fame manner as iht cefs
* now is in Scot land ^ but fubjedt to fuch regulations
* in the manner of colle6ling, as fhaii be made by
* the Parliament of Great -Britain,
X. * That during the continuance of the refpec-
* tive duties on ftamped paper, veilom and parch-
* ment, by the feveral ads now in force in England^
* Scotland fhall not be charged with the fame refpec-
* tive duties.'
XL ' That during the continuance of the duties
* payable in England on windows and lights, which
* determines on the firft day of Augufi^ one thou-
* fand feven hundred and ten, Scotland Ihall not be
* charged with the fame duties.'
XII. ' That during the continuance of the duties
* payable in England on coals, culm and cynders,
* which determines the thirtieth day of September^
* one thoufand feven hundred and ten, Scot-
* land fhall not be charged therewith for coals,
* culm and cynders confumed there, but fhall
* be charged with the fame duties as in England^
* for all coals, culm and cynders not confumed in
« Scotland:
XIII. « That during the continuance of the duty
* payable in England on malt, which determines
* the twenty fourth day of June^ one thoufand
* feven
P A.R LIAMENTARY A. I707.
feven hundred and feven, Scotland fhall not be
charged with that duty.*
XIV. ' That the kingdom of Scotland be not
* charged with any other duties, laid on by the Par-
* liament of England before the Union, except thofe
* confented to in this treaty ; in regard it is agreed,
' that all neceflary provifion fhall be made by the
' Parliament of Scotland^ for the publick charge and
' fervice of that kingdom, for the year one thou-
' fand feven hundred and feven *, providing never-
' thelefs, that if the Parliament of England fnall
' think fit to lay any further impofitions, by way of
' cuftom, or fuch excifes, with which, by virtue
* of this treaty, Scotland is to be charged equally
' with England ; in fuch cafe, Scotland fliall be liable
* to the fame cuflioms and excifes, and have an equi-
* valent to be fettled, by the Parliament of Great--
< Britain, -with this further provifion,' That any malt
to be made and conjumcd in that part of the united
kingdom now called Scotland, Jloall not be charged with
any impofition on malt during this war. ' And feeing it
* cannot be fuppofed, that the Parliament of Gr^^/-
' Britain will ever lay any fort of burthens upon the
' united kingdom, but what they fhall find of ne-
* cefTity, at that time, for the prefervation and good
* of the whole-, and with due regard to the cir-
' cumflances and abilities of every part of the united
* kingdom ; therefore, // is agreed, that there be
' no further exemption infifbed on for any part of
' the united kingdom, but that the confideration
* of any exemptions beyond what is already agreed
* on in this treaty, fhall be left to the determina-
* tion of the Parliament of Great-Britain,*
XV. * That whereas by the terms of this trea-
^ ty, the fubje6lsof 6"^^?//^^, for prefemng an equa-
* lity of trade throughout the united kingdom,
* will be liable to feveral cufloms and excifes now
' payable
A. 1707. DEBATES. 81
payable in England^ which will be applicable to-
wards payment of the debts of England^ contradl-
ed before the Union ; // is agreed^ That Scotland
fhall have an equivalent for what the fubjects
thereof fhall be fo charged, towards payment of
the fa id debts of England^ in all particulars whatfo-
ever, in manner following, viz. That before the
Union of the faid kingdoms, the fbm of three
hundred, ninety-eight thoufand, and eighty-live
pounds ten fhillings, be granted to her Majefty by
the Parliament of England^ for the ufes after men-
tioned, being the equivalent, to be anfwered to
Scotland^ for fuch parts of the faid cuftomsj and
excifes upon all excifeable liquors, with which
that kingdom is to be charged upon the Union, as
will be applicable to the payment of the faid debts
of England^ according to the proportions which
the prefent cuftoms in Scotland^ being thirty thou-
fand pounds per annum^ do bear to the cuftoms in
England^ computed at one million, three hundred
forty-one thoufand, five hundred and fifty-nine
pounds per annum : And which the prefent excifes
on excifeable liquors in Scotland^ being thirty-three
thoufand and five hundred pounds per annum, do
bear to the excifes on excifeable liquors in Eng-
land^ computed at nine hundred, forty-feven thou-
fand, fix hundred and two pounds per annum ;
which fum of three hundred, ninety-eight thou-
fand, eighty-five pounds ten lliillings, fhall be due
and payable from the time of the Union : And in
regard, that after the Union, Scotland becoming
liable to the fame cuftoms and duties payable on
import and export, and to the fame excifes on all
excifeable liquors, as in England, as well upon
that account, as upon the account of the increafe
of trade and people, (which will be the happ7
confequence of the Union) the faid revenues will
much improve beyond the before-mentioned an-
nual values thereof, of which no prefent eftimate
Vol. V. G * c;in
82 Parliamentary A. 1707.
can be made; yet, neverthelefs, for the reafons
aforefaid, there ought to be a proportionable equi-
valent anfv/ered to Scotland •, It is agreed^ That af-
ter the Union, there fhall be an account kept of
the faid duties arifing in Scotland^ to the end it may-
appear, what ought to be anfwered to Scotland^ as
an equivalent for fuch proportion of the faid in*
creafe, as ihall be apphcable to the payment of
the debts of England. And for the further, and
more effectual anfwering the feveral ends hereafter
mentioned, it is agreed^ That, from and after the
Union, the whole increafe of the revenues of cu-
ftcms, and duties on import and export, and ex-
cifes upon excifeable liquors in SccUand^ over and
above the annual produce of the faid refpedtive
duties, as above flated, fnall go, and be applied,
for the term of feven years, to the ufes here-
after mentioned, and that upon the faid account
there fhall be anfwered to Scotland^ annually, f 1 om
the end of feven years after the Union, an equi-.
valent in proportion to fuch part of the faid in-
creafe, as Ihall be applicable to the debts of Eng-
land i'* And generally^ that an equivalent fljall he an-
fwered to Scotland, for fuch parts of the Englifh debts
as Scotland may hereafter become liable to pay^ by reafon
of the Union ^ ether than fuch for*isjhich appropriations
have been made by Parliament in England, of the cu^
ftoms or other duties on export and import^ excifes on
all excifeable liquors^ in refpe5l of which debts ^ equi-
valenis are herein before provided. ' And as for the
< ufes to which the faid fum of three hundred nine-
* ty eight thoufand eighty-five pounds ten {hillings,
* to be granted as aforefaid, and all other monies
* which are to be anfwered or allowed to Scotland as
* faid is, are to be applied, it is agreed, That in the
* fi^fi pl^ce out of the forefaid fum, what confidera-
' tion fhall be found neceflary to be had for any lofTes
* which private perfons may fuftain, by reducing
* the coin oi Scotland y to the jftandard and value of
* the
A. 1707. DEBATES. 83
* the coin of England^ may be made good. In the
* next place, that the capital flock, or fund of the
* African and Indian company of Scotland^ advanced
' together with the intereft for the faid capital flock,
' after the rate of 5 per cent, per annum ^ from the
* refpedlive times of the payment thereof, fhall
* be paid ; upon payment of which capital ftock
* and interefl, is is agreed^ The faid company be
' difTolved and ceafe ; and alfo, that from the time
* of pafTing the adl of Parliament in England^ for
* raifing the faid fum of three hundred ninety-eight
* thoufand, eighty-five pounds ten fhillings, the faid
* company fhall neither trade, nor grant licence
* to trade, providing, 'That if the faid flock and in-
terefl fhall not he paid in twelve months after the
commencement of the Union^ that then the faid company
may from thence forward trade., or give licence to
tradfe^ until the faid whole capital flock and interefi
fhall he paid. ' And as to the overplus of the faid
* fum of three hundred ninety-eight thoufand
* eighty-five pounds ten fhillings, after paymiCnt
* of what confideration fhall be had for lolTes, in
* repairing the coin, and paying the faid capital
* flock and interefl ; and alfo the whole increafe of
* the faid revenues of cuftoms, duties, and excifes,
* above the prefent value, which fhall arife in Scot-
' land., during the faid term of feven years, toge-
' ther with the equivalent which fhall become due,
' upon the improvement thereof in .Sr^/Z^^z J after the
* faid term of feven years : and alfo, as to all other
* fums, which, according to the agreements afore-
* faid, may become payable to Scotland, by way of
* equivalent, for v/hat that kingdom fhall hereafter
* become liable, towards payment of the debts of
* England ; // is agreed., That the fame may be ap-
* plied in the manner following, viz. That all the
puhlick dehts of the kingdom' of Scotland, as fJ:all he
adjufted hy this prefent F arliament , ftoall he paid : And
that two thoufand pounds per annum for the fpace of
G 2 feven
jg4 Parliamentary A. 1707.
feven years^ fhall he applied towards encouraging and
promoting the manuf allure of coarfe wool^ within thofs
/hires which produce the wool -, and that the jirft two
thoufand pounds ilerling he paid at Martinmas ney:t^
mid fo yearly at Martinmas during the [pace aforefaid.
* And afterwards the fame fhall be wholly applied
' towards the encouraging and promoting the fifhe-
' ries, and fuch other manufa{5luries and improve-
' ments in Scotland^ as may moft conduce to the ge-
* neral good of the united kingdom. And it is
* ageeed^ That her Majefty be empowered to ap-
* point Commifiioners, who fhall be accountable to
' the Parliament of Great- Britain^ for difpofing the
* faid fum of three hundred ninety-eight thou-
* fand and eighty- five pounds ten fhillings •, and
* all other monies which fhall arife to Scotland^ upon
' the agreements aforefaid, to the purpofes before-
* mentioned : Which Commifiioners fhall be em-
* powered to call for, receive, anddifpofe of the faid
* monies in manner aforefaid ; and to infpedl the
* books of the feveral colleclors of the faid reve-
* venues, and of all other duties, from whence an
' equivalent may arife, and that the collectors and
* managers of the faid revenues and duties, be
* obliged to give to the faid CommifTioners, fub-
* fcribed authentick abbreviates of the produce of
* fuch revenues and duties arifing in their refpec-
* tive diftridls : And that the faid CommifTioners
* fhall have their oihce within the limits of Scot-
* land^ and fhall in fuch office keep books, contain-
* ing accounts of the amount of the equivalents, and
* how the fame fhall have been difpoled of from
* time to time; which may be infpedled by any of
' the fubjeds who fhall defire the fame.'
XVI. * Th^ from and after the Union, the coin
* fhall be of the fame flandard and value throughout
* the united kingdom, as now in England^ and a
* mint fhall be continued in Scotland, under the fame*
* rules
A. 1707. DEBATES. 85
« rules as the mint In England^ and the prefent qffi-
* cers of the mint continued^ fubjedl to fuch regula-
< tions and alterations as her Majefty, her heirs or
* fucceflbrs, or the Parhament of Great-Britain^
* fhall think fit.'
XVII. ' That from and after tKe Union, the farr^e
^ weights and meafures fliall be ufed throughout the
* united kingdom, as are now eftabhfhed in Eng-
* land •, and ftandards of weights and meafures fhall
* be kept by thofe burghs in Scotland^ to whom the
* keeping the ftandards of weights and meafures,
* now in ufe there, does of fpecial right belong. All
' which ftandards fhall be fent down to fuch refpec-
* tive burghs, from the ftandards kept in the Exche-
* quer at PVeftminfter^ fubjecl neverthelefs to fuch re-
' gulations as the Parliament of Great-Britain Ihall
' think fit.'
XVIII. * That the laws concerning regulation
* of trade, cuftoms, and fuch excifes, to which
* Scotland is, by virtue of this treaty, to be liable,
' be the fame in Scotland^ from and after the Union,
' as in England'^ and that all other laws in ufe,
' within the kingdom o^ Scotland^ do after theUnion,
* and notwithftanding thereof, remain in the fame
* force as before, (except fuch as are contrary to, or
* inconfiftent with this treaty) but alterable by the
' Parliament of Great-Britain^ with this difference
* betwixt the laws concerning publick right, poli-
* ty, and civil government, and thofe which concern
* private right ; that the laws which concern pub-
* lick right, polity, and civil government, may be
' made the fame throughout the whole united king-
' dom •, but that no alteration be made in laws
' which concern private right, except for evident
' utility of the fubjeds within Scotland*
G 2 XIX.
86 Parliamentary A. 1707.
XIX. ' That the court of fefTion, or college of
* juftice, do after the Union, and notwithftanding
* thereof, remain in all time coming within Scotland^
* as it is now conftituted by the laws of that king-
* dom, and w^ith the fame authority aad privileges
* as before the Union, fubjedl neverthelefs to flich
' regulations for the better adminiftration of juftice,
* as iTjall be made by the Parliament of Great-
* Britain \ ' And that hereafter none jhall he named by
her Majefty and her royal fuccejfors^ to he ordinary Lords
offejjiony hutfuch who have ferved in the college of ju-
ftice as advocates^ or principal clerks of fefjion for the
fpace of five years •, or as writers to thefignet^ for the
fpace of ten years \ with this provifton, that no writer
to thefignet he capahle to he admitted a Lord of the
fejfton^ unlefs he undergo a private and puhlick trial on
the civil law before the faculty of advocates^ and he
found hy them qualified for the f aid office ^ two years be-
fore he he named to he a Lord of the fefjion : Tet fo^ as
the qualification made^ or to be made^ for capacitating
ferfons to be named ordinary Lords of feffion^ may he
altered hy the Parliament ^/Great-Britain. ' And that
* the court of jufticiary, do alfo, after the Union,
* and notwithftanding thereof, remain in all time
* coming within Scotland^ as it is now conftituted by
* the laws of that kingdom, and with the fame au-
* thority and privileges as before the Union, fubjedl
* neverthelefs to fuch regulations as fliall be made
* by the Parliament o{ Great-Britain^ and without
* prejudice of other rights of jufticiary : And that
* all admiralty jurifdi6lions be under the Lord High-
* Admiral, or Commifnoners for the admiralty of
* Great-Britain^ for the time being ; and that the
^ court of admiralty, now eftabliftied m Scotland^ be
* continued, and that all reviews, reductions, orfuf-
* penfions of the fentences in maritime cafes, compe-
* tent to the jurifdidlion of that courts remain in the
^ fame manner after the Union, as now in Scotland^
* until
A. 1707. DEBATES. '87
until the Parliament of Great-Britain (hall make
fuch regulations and alterations, as fhall be judged
expedient for the whole united kingdom, fo as
there be always continued in Scotland^ a court of
admiralty fuch as in England^ for determination
of ail maritime cafes relating to private rights in
Scotland^ competert to the jurifdidion of the ad-
miralty court, fubjedt neverthelefs to fuch regu-
lations and alterations, as Ihall be thought proper
to be made by the Parliament of Great-Britain j
and that the heretable rights of admiralty and
vice-admiralties in Scotland, be referved to the
refpeclive proprietors, as rights of property ; fub-
je6l neverthelefs, as to the manner of exercifmg
fuch heretable rights, to fuch regulations and al-
terations, as fhall bethought proper to be made by
the Parliament of Grea:-Britain j and that all other
courts now in being within the kingdom of Scot-
land^ do remain, but fubjedt to alterations by the
Parliament of Great-Bniain •, and that all inferior
courts, within the faid limits, do remain fabordi-
nate, as they are now to the fupream courts of
juftice within the fame in all time coming ; and
that no caufes in Scotland be cognizable by the
courts of Chancery, ^een*s- Bench, Common-pleas^
or any other court in JVeftminfter-hall% and that
the faid courts, or any other of the like nature,
after the Union, fhall have no power to cognize,
review, or alter the a6ls or fentences of the ju-
dicatures within Scotland^ to ftop the execution of
the fame. And that there be a court of Exchequer
in Scotland^ after the Union, for deciding queflions,
concerning the revenues of cuftoms and excifes
there, having the fame power and authority in
fuch cafes, as the court of Exchequer has in Eng-
land ; and that the faid court of Exchequer in Scot-
land have power of pafTing fignatures, gifts, tu-
tories, and in other things, as the court of Ex-
chequer at prefent in Scotland hath \ and that the
G 4 ^ court
88 Parliamentary A. 1707.
* court of Exchequer that now is in Scotland^ do re-
* main until a new court of Exchequer be fettled by
* the Parliament of Great -Britain^ in Scotland^ after
* the Union ; and that, after the Union, the Queen's
* Majefty, and her royal fucceffors, may continue
* a Privy-Council in Scotland^ for prefervlng the
* publick peace and order, until the Parliament of
< Great-Britain fhall think fit to alter it, or eftablifh
« any other efFcdual method for that end.'
XX. ' That all heretable offices, fuperiorities,
* heretable jurifdicflions, offices for Hfe, and ju-
' rifdidions for life, be referved for the owners
* thereof, as rights of property, in the fame man-
* ner as they are now enjoyed by the laws of Scot-
* land^ notwithftanding this treaty.'
«
XXI. * That the rights and privileges of the
^ royal boroughs in Scotland as they are, do
* remain entire after the Union, and notwithfland-
* ing thereof,'
XXII. ' That by virtue of this treaty, of the Peers
* oi Scotland^ at the time of the Union, fixteen
* fhall be the number to fit and vote in the houfe
* of Lords, and forty-five the number of the re-
* prefcntatives oi Scotland in the houfe of Commons
* of the Parliament of Great-Britain -, and that
* when her Majefty, her heirs, or fuccefTors, fhall
* declare her or their pleafure, for holding the firfl
* oranyfubfequent Parliament of Gr^^/-^r/7rz/?;, un-
^ til the Parliament of Great-Britain fhall make fur-
* ther provifion therein, a writ do ilTue under the
* great feal of the united kingdom, dire6led to
* the Privy- Council of Scotland^ commanding them
* to caufe fixteen Peers, who are to fit in the houfe
* of Lords, to be fummoned to Parliament, and
* forty-five members to be eleded to fit in the
* houfe of Commons in the Parliament of Great-^
^ Britain,^
A. 1707. DEBATES. 89
« Britain^ according to the agreement in this treaty,
« in fuch manner as by an a5f of this frefent fejfion of
* the Parliament of Scotland is, or fhall be fettled ;'
Which a^ is hereby declared to be as valid as if it were
apart of^ and engroffed in this treaty : ' And that the
names of the perfons fo fummoned and eledbed,
fhall be returned by the Privy- Council of Scotland^ ■
into the court from whence the faid writ did
iflue. And that if her Majefty, on, or before the
firfl day of May next, on which day the Union
is to take place, fhall declare under the great feal
of England^ that it is expedient, that the Lords
of Parliament of England^ and Commons of the
prefent Parliament of England^ lliouldbe the mem-
bers of the refpedlive houfes of the firfl Parlia-
ment of Great-Britain^ for, and on the part of
England^ then the faid Lords of Parliament of-
England, and Commons of the prefent Parliament
of England, fhall be the Members of the refpec-
tive houfes of the firfl Parliament of Great-Britain^
for, and on the part of England, And her Ma-
jefly may by her royal proclamation, under the
great feal of Great-Britain, appoint the faid firfl
Parliament of Great- Britain, to meet at fuch time
and place as her Majefty fhall think fit, which
time fhall not be lefs than fifty days after the date
of fuch Proclamation, and the time and place of
the meeting of fuch Parhament being fo appointed,
a writ (hall be immediately iflued under the great
feal of Great-Britain, diredied to the Privy-Coun-
cil of Scotland, for the fummoning the fixteen
Peers, and for eledling forty-five members, by
whom Scotland is to be reprefented in the Parlia-
ment of Great-Britain : And the Lords of Parlia-
ment of England, and the fixteen Peers of Scot-
land, fuch fixteen Peers being fummoned and re-
turned in the manner agreed in this treaty •, and
the members of the houfe of Commons of the
faid Parliament of England^ and the forty-five
* Members
$0 Parliamentary A. 1707.
Members for Scotland^ fuch forty-five members
being eledled and returned in the manner agreed in
this treaty, fhall affemble and meet rcfpedtivv^ly, in
their refpedive houfes of the Parhament of Great-
Britain., at fuch time and place as fhall be fo ap-
pointed by her Majefty, and fhall be the houfes
of the firft Parliament 0^ Great- Britain., and that
Parliament may continue for fuch time only as the
prefent Parliament of England might have continu-
ed, if the Union of the two kingdoms had not
been made, unlefs fooner difiblved by her Maje-
fly : And that every one of the Lords of Parlia-
ment of Great- Britain^ and every member of the
houfe of Commons of the Parliament of Great-
Britain, in the firll, and all fucceeding Parliaments
of Great- Britain, until the Parliament of Gr^^/-^r/-
tain fhall otherways dire6l, (hall take the rcfpe(5live
oaths of allegiance and fupremacy, by an a(ft of
Parliament made in England., in the firft year
of the reign of the late King PVilliam and Queen
Mary., entituled, An aB for the abrogating of the
oaths of fupremacy and allegiance., and appointing
other oaths., and make, fubfcribe, and audibly re-
peat the declaration mentioned in an acl of Par-
liament made in England^ in the thirtieth year of
the reign of King Charles the fecond, entituled.
An a^ for the more effeEiual preferving the King^s per-
fon and government., by difabling B apifis from fitting in
either houfe of Parliament., ' and fliall take and fub-
* fcribe the oath mentioned in an a6l of Parlia-
* ment made in England., in the firft year of her
* Majefty 's reign, entituled. An a5f to declare the
alterations in the oath appointed to be taken by the a^^
entituled. An aEf for the further fecurity of his Ma-
jefty^s perfon., and the fucceffion of the crown in the Fro-
tefiant line., and for extinguifhing the hopes of the
pretended Prince of Wales, and all other pretenders^
and their open andfecret abettors., and for the declaring
the affociationy to he determined at fuch time^ and in
fuch
A. 1707. DEBATES. 91
fuch manner^ as the members of both houfes of Par"
liament of England are by the faid refpe^iive a5fSy
dire^ed to take^ make^ and fubfcribe the fame^ upon
the penalties and difabilities in the faid refpeBive a5is
contained. ' And it is declared and agreed, that
' thefe words, this realm, the crown of this realm^
* and the Queen of this realm, mentioned in the
* oaths and declaration contained in the aforefaid
* ads, which were intended to fignify the crown
* and realm of England., fhall be underftood of the
* crown and realm of Great -Britain \ and that in
* that fenfe, the faid oaths and declaration be taken
* and fubfcribed by the members of both houfes of
* the Parliament of Great-Britain^
XXIII. ' That the aforefaid fixteen Peers o^ Scot-
land^ mentioned in the laft preceding article, to
fit in the houfe of Lords of the Parliament of
Great -Britain.^ Ihall have all privileges of Parlia-
ment, which the Peers of Englani now have, and
which they, or any Peers of Great-Britain^ fhall
have after the Union ; and particularly the right
of fitting upon the tryals of Peers : And in cafe
of the tryal of any Peer, in time of adjournment or
prorogation of Parliament, the faid fixteen Peers
fhall be fummoned in the fame manner, and have
the fame powers and privileges at fuch tryals, as
any other Peers of Great-Britain : And that, in
cafe any tryals of Peers fhall hereafter happen,
when there is no Parliament in being, the fixteen
Peers of Scotland, who fat in the laft preceding Par-
liament, fhall be fummoned in the fame manner,
and have the fame powers and privileges at fuch
tr)7als, as any other Peers of Great-Britain, and
that all Peers of Scotland, and their fuccelTors to
their honours and dignities, fhall, from, and after
the Union, be Peers of Great -Britain, and have
rank and precedency next, and immediately after
* the Peers of the like orders and degrees in Eng-
* landi
92 Parliamentary A. 1707.
* land at the time of the Union, and before all
* Peers of Great-Britain^ of the hke orders and de-
* grees, who may be created after the Union, and
* fhall be tried as Peers of Great-Britain^ and fhall
* enjoy all privileges of Peers as fully as the Peers
* of England do now, or as they, or any other Peers
* of Great-Britain may hereafter enjoy the fame,
*, except the right and privilege of fitting in the
* houfe of Lords, and the privileges depending
* thereon, and particularly the right of fitting upon
* the trials of Peers.*
XXIV. * That from and after the Union, there
' * be one great feal for the united kingdom of Great-
* Britain^ which fhall be different from the great
^ feal now ufed in either kingdom ; and that the
* quartering the arms,' and the rank and precedency
of Lyon King of Arms of the kingdom of Scotland,
* as may befl fuit the Union, be left to her Majefhy :
< And that in the mean time, the great feal of Eng-
< land be ufed as the great feal of the united king-
* dom, be ufed for fcaling writs to ele6l and fum-
< mon the Parliament of Great-Britain^ and for feal-
« ing all treaties with foreign Princes and States,
< and all publick acts, inftruments, and orders of
< ftate, which concern the whole united kingdom,
* and in all other matters relating to England, as the
« great feal of England is now ufed ; and that a feal
* in Scotland, after the Union, be always kept, and
^ made ufe of in all things relating to private rights
* or grants, which have ufually pafTed the great
* feal of Scotland, and which only concern offices,
* grants, commiffions, and private rights within
* that kingdom : And that until fuch feal fhall be
> appointed by her Majefty, the prefent great feal
* of Scotland Ihali be ufed for fuch purpofes : And
* that the privy-feal, fignet-caffet, fignet of the
* jufticiary court, quarter-feal, and feals of courts
* now
A. 1707. DEBATES. 93
< now ufed in Scotland^ be continued : But that the
« faid feals be altered and adapted to the Itate of the
< tjnion, as her Majefly fhall think fit; and the
* faid feals, and all of them, and the keepers of them,
< fhall be fubjedl to fuch regulations as the Parlia-
* ment of Great-Britain fhall hereafter make :' And
that the cro-wn^ fcepter^ and /word of ftate^ the re-
cords of Farliaivent^ and all other records^ rolls and
regijlers whatfoever^ both puhlick and private^ gene-
ral and particular^ and warrants thereof, continue
to be kept as they are zvithin that part of the united
kingdom now called Scotland; and that they fhall fo
remain in all time coming, notwithjianding of the
Union.
XXV. ' That all laws and ftatutes in either king-
* dom, fo far as they are contrary to, or inconfiftent
* with the terms of thefe articles, or any of them,
* fhall, from, and after the Union, ceafe, and be-
* come void, and fhall be fo declared to be, by the
* refpedlive Parliaments of the faid kingdoms.'
^he Preamble to the Articles.
* A I AHE Eftates of Parliament confidering that
' X the articles of Union of the kingdoms of 6'f^/-
* land and England, were agreed on the twenty
* fecond of July, 1706 years, by the Commifiloners
* nominated on behalf of this kingdom, under her
* Majeity's great feal of this kingdom of Scotland^
* bearing date the twenty-feventh of February laft
* paft, in purfuance of the fourth a6l of the third
* fefTion of this Parliament, and the CommilTioners
* nominated on behalf of the kingdom of England,
* under her Majefty's great feal of England, bearing
* date at Weftminfter, the tenth day of April lafl,
* in purfuance of an adl of Parliament made in
' England the third year of her Majefty's reign,
* to treat of, and concerning an Union of the faid
* kingdoms :
94 Parliamentary A. 1707.
« kingdoms : Which articles were in all humility
« prefented to her Majefty upon the twenty- third
* of the faid month of July^ and were recommended
* to this Parliament, by her Majefly's royal letter of
* the date of the thirty-firft day of July^ 1706
* years : And that the faid Eftates of Parliament
* have agreed to, and approven of the faid articles
* of Union, with fome additions and explanations,
* as Is contained in the articles hereafter inferted :
* And ficklike her Majefty, with advice, and con-
* fent of the Eftates of Parliament, refolving to
* eftablifti the Proteftant religion, and Preft^yterian
* church government within this kingdom, has paft
* in this feflion of Parliament, an ad, entituled.
An a 5f for fe curing the Proteftant religion^ and Pref-
byterian church government^ ' which by the tenor
* thereof is appointed to be inferted in any ad rati-
' fying the treaty •, and exprefly declared to be a
* fundamental and eflential condition of the faid
* treaty of Union, in all time coming. Therefore
* her Majefty, with advice and con fent of the
* Eftates of Parliament, in fortification of the ap-
* probation of the articles as abovementioned, and
* for the further and better eftablifliment of the
* fame, upon full and mature deliberation upon the
* aforefaid articles of Union, and a6l of Parlia-
* ment, doth ratify, approve, and confirm the fame,
' with the additions and explanations contained in
* the faid articles, in manner, and under the pro-
* vifion after- mentioned.*
P R O-
A. 1707. DEBATES, 95
PROCEEDINGS of the
Englifli Parliament.
On the 3d of December the Parliament was
opened at Wejlminjler^ and the Queen made
the following fpeech to both houfes.
My Lords and Gentlemen^
« T Hope we are all met together at this time, Q^een^s
* X with hearts truly thankful to Almighty God, Speech in
« for the glorious fucceffes, with which he has ^"^^^'"^"'•
* blelTed our arms, and thofe of our Allies, through
' the whole courfe of this year, and with ferious
* and fteady refolutions to profecute the advan-
< tages we have gained, till we reap the defired
' fruits of them, in aa honourable and durable
* peace.
' The goodnefs of God has brought this happy
« profped fo much nearer to us, that if we be not
* wanting to our felves, we may, upon good
* grounds, hope to fee fuch a balance of power
* eftablifhed in Europe^ that it (hall no longer be
* at the pleafure of one Prince to diflurb the repofe,
* and endanger the liberties of this Part of the
* world.
' Ajuft confideration of the prefent pofture of
* affairs, of the circumftances of our enemies, and
« the good difpofition of our?Allies, mufl needs
' excite an uncommon zeal, and animate us to
* exert our utmoft, endeavours at this critical
* jundurcL.
Gen-
96 Parliamentary A. 1707.
Gentlemen of the houfe of Commons^
* As I am fully perfuaded you are all of this
* mind, fo I muft earneftly defire you to grant
* me fupplies fufEcient for carrying on the war
* next year, in fo effedtual a manner, that we may
* be able to improve every where the advantages
' of this fuccefsful campaign : And I aflure you,
* I fhall make it my bufinefs to fee all you give,
* applied to thofe ends with the greateft care and
* management.
My Lords and Gentlemen^
* In purfuance of the powers vefled in me by
* a6t of Parliament, both in England and Scotlandy
* I have appointed Commiflioners to treat of an
* Union between the two kingdoms ; and though
* this be a work of fuch a nature as could not but
< be attended with great difficulties ; yet fuch has
* been the application of the CcmmilTioners, that
* they have concluded a treaty, which is at this
* time before the Parliament of Scotlandy and I
* hope the mutual advantages of an entire Union
« of the two kingdoms will be found fo apparent,
' that it will not be long before I fhall have an op-
* portunity of acquainting you with the fuccefs
* which it has met with there.
* Your meeting at this time being later than
* ufual, I cannot conclude without earneftly re-
* commending to you, to give as much difpatch to
* the publick affairs as the nature of them will
* admit ; it being of the greateft confequence, that
* both our friends and our enemies Ihould be fully
* convinced of your firmnefs, and the vigour of
* your proceedings.
^be
A. 1706. DEBATES. 97
^he humble Addrefs of the right honourable
the Lords fpiritual and temporal in Par^
liament afembled.
May it pkafeyour Majefty^
« T "^ 7 E your Majefty's moft dutiful and obedient Lords addref
« W fubjecls, the Lords fpiritual and temporal totheO^^een
* in Parliament alTembled, with hearts full of joy,
* beg leave to congratulate your Majefty, upon
* occafion of the many great fuccelTes obtained by
' your Majefty's arms, and thofe of your Allies,
* in all places, during this wonderful year. We
' could not hope for any thing more glorious than
* the opening the campaign by the ever memorable
* vidlory gained at Ramelies^ under the command
* of your Majefty's wife and valiant General, the
* Duke Q>i Marlborough \ and nothing could be more
* feafonable at the clofe of the campaign, than the
' complete vidory gained by the Duke of Savoy and
* Prince Eugene^ before the walls of 'Turin. The
' illuftrious confequences of thefe two battles,
* made it impoflible for your enemies to difguife
* their loflfes, and demonftrated to the world, that
* never any Generals better underftood how to
' make ufe of their fuccefs. And if we your Ma-
* jefty's fubj^ds fliould not do all that lies in our
' power, towards improving the advantages which
' the divine Providence has given to your Majefty,
* and your Allies, we ftiould ftiew our felves
* unthankful to God, inexcufable to your Majefty,
' and manifeftly wanting to our country, and the
* common caufe of Europe.
' We cannot fufficiently exprefs the univerfal
* pleafure and fatisfaclion of your people, upon the
* publick declaration v/hich your Majefty, in con-
* cert with the States-General, made to the Minifters
* of the other confederate Princes, that no nego-
VoL. V, H ^ tiations
9$ Parliamentary A. 1706.
tiations of peace fhould be entered into, but in
conjundion with all the members of the grand
alHance. This generous method will prevent
the indired ad dangerous pra6i:ices of the com-
mon enemy, will put a ftop to clandeftine and
corrupt tranfadtions, and mufl not only remove
all prefent jealoufies from the Allies, but create in
them a lafting confidence and reliance on your
honour and juftice.
* Your Majefty's example, and that of the States-
General, ought to infpire all the other Allies with
a noble emulation of a6ling with the like vigour.
If any of them have been failing for the time
paft, we hope your Majefty will find proper
means to let them fee, that the only right amends
they can make to the caufe of liberty, is, by
doubling their eflforts at this important con-
jun6lure.
' This will be the true way to obtain fuch a
peace as all good men defire, which may fecure
to your Majefty's fubjeds the Proteflant fuccef-
fion, and all the advantages of trade and com-
merce ; may reflore the whole monarchy of Spain
to King Charles the third ; may fix fuch a barrier
for the States-General (in whofe fecurity we muft
always think the intereft of England is engaged)
as may be to their juft fatisfa6tion, and may pro-
cure fuch terms and conditions for all the Allies,
as may be juR', fafe, and honourable > fuch a
peace as may be durable and lafting by reducing
efFedlually the exorbitant power of a Prince whofe
reftlefs ambition nothing could fatisfy, and who
has always difpifed the obligations of the moft
facred leagues and treaties, t
Mojl gracious Sovereign^
* We cannot omit to make our moft thankful ac-
* knowledgments of our univerfal happinefs under
* your juft and mild government, 0^ your true
« zeal
A. 1707. DEBATES. f^
* zeal for the fafety and honour of the Church of
« England^ of your great care for the due admini-
« flration of juftice, and your tender regard for the
* properties and Hberties of your people 5 but in a
* particular manner we muft own, with all grati-
* tude, your Majeily's wifdom and forefight, as
* well as your goodnefs, in your royal endeavours
* to bring to pafs an entire and compleat Union of
* your two kingdoms of England and Scotland.
* May God Almighty make thefe your gracious
* defigns fuccefsful , and may your Majefty long
* reign over us, to fee the happy fruits of them,
* in the fafety, tranquillity, wealth, honour, and
* flourifhing eftate of your Majefty's united
* people.
Her Majefty's gracious anfwef.
My Lords^
* T Am very much pleafed with the many ej^-^ Queen^s
* JL preflions of your affedion for my fervice, ^"^^^"^^
* and of your zeal for the common caufe, in the
* feveral particulars of this addrefs, which is entirely
* to my fatisfadion, and I affure my felf it will
* have its juft weight both at home and abroad.
On the fame day alfo, the Commons attended the
Queen with the following addrefs.
Moft gracious Sovereign^
* T Y 7 E your Majefty's dutiful and loyal fubje6ls, Comment
* VV the Commons in Parliament alfembled, the'^q^Ien^
' return your Majefty our humble thanks for your
* moft gracious fpeech from the throne.
* And with all thankfulnefs to Almighty God,
* we congratulate your Majefty upon the fignal
* vidlory obtained by your arms, and thofe of
* your Allies, under the command of the Duke of
* Marlborough at Ramelies , a vidory fo glorions^
H 2 * and
ioo Parliamentary. A. 1706.
* and great in its confequcnces, and attended with
' fiich continued fuccefTes, through the whole courfe
' of this year, that no age can equal.
' And as your Majefty's Allies have fhewed their
' firmnefs and good difpofition to carry on the
* war with vigour, fo the Commons of England are
* determined, that no fpecious pretences of peace
* fhall divert them from their fleady refolutions, of
* enabling your Majefty to improve in all places
* the advantages of this fuccefsful campaign.
' The experience your Commons have had of
* the prudent adminiftration, and the great care
* and management in the application of the publick
* aids, encourage us to afTure your Majefty, that
« we will cheerfully give fuch fpeedy and effedtual
* fupplies, as, by the continuance of God's blefTing
' upon your Majefty's arms, may eftablifh the ba-
' lance of power in Europe^ by a fafe, honourable,
' and lafting peace.
' We beg leave likewife to return your Majefty
' our hearty thanks for your promoting the Union
* with England and Scotland, whereby your Majefty
* ftiews your great concern and tendernefs, not on-
* ly for the prefent, but the future happinefs of
* both kingdoms.
To which her Majefty was gracioufly pleafed to
give the following anfwer.
Gentlemen,
Queen's c T Thank you heartily for this addrefs, and the
^ X aftlirances of giving me effedual fupplies to
^ carry on the war, and to obtain a fafe and ho-
' nourable peace. I am glad to find you arefo well
' fatisfied with the application of the publick
* money. As to the matter of the Union with Scot-
' land, fo in all other things, I fliall ftill be de-
■ firous to promote the prefent and future happinefs
' of my people.
The
xniwcr.
A. 1707. DEBATES. loi
The Earl of Nottingham^ on the loth of January^
acquainted the houfe of Peers, that he had fomething
of great confequence to lay before them, and there-
fore defired, that they would appoint a day to receive
it, in a full houfe. The Lords having named the
Tuefday following, being the 14th, on which day
the members in and about town, were fummoned
to attend, the Earl of Nottingham^ in a {^x. fpeech,
reprefented to them, ' That the Union of the two The Earl of
' kingdoms of England and Scotland -^ was a matter ^^^-sTpeech
* of the higheft importance; and a work of fo ^^0"!^ ^^«
* much difficulty, that all the attempts that had
' been made towards it, in the lafl century, had
' proved inefFedual •, that the Parliament of Scot-
' land^ having thought fit to fecure the Presbyterian
* Church government in that kingdom, it became
« the wifdom of the Parliament of England^ to
* provide betimes againft the dangers, with which
* the Church by law eftablilhed was threatned, in
* cafe the Union was accompli fhed : And there-
' fore he moved, That an addrefs be prefented
' to the Queen, humbly to defire her Majefty,
' that the proceedings both of the Commiffioners
' for the treaty of Union, and of the Parliament
* of Scotland^ relating to that matter, fliould be laid
* before them.'
He was feconded by the Earl of Rochefter^ who Eariof
declared. ' He was for an union, and had been fo fpeech^*
* for twenty years paft •, but that he had a few
* doubts in the matter, and therefore was for entring
* upon the debate of that important affair as foon as
* poffible.'
The Duke of Buckingham fpoke to the fame pur- Duke of
pofe : Adding, ' That the Union of both kingdoms t"J["^,,^^
* had been upon the anvil fince the acceflion of King
* James I. to the EngliJJj throne ; and, as it could
* not be expedled that fo weighty a matter, which
H 3 ♦ took
102 Parliamentary A. 1707.
< took up fo much time and labour before, fliould
* now be complcated in a few days, therefore he was
* for taking it forthwith into con fide ration.'
The Lord High Treafurer anfwered, ' That this
Anfwered t affair was not yet ripe for them to debate, and that
bv the Lord , "^ i i i ^ i t^ /r • n i i
Treafurer. ' they need not doubt, but that her Majelty would
« communicate to the Parliament of England, all the
* proceedings about the Union, as foon as that of
' Scotlajid fhould have gone through with it,' The
Lords Wharton, Somers, and HalUfax, fpoke on the
fame fide, and urged, ' That it was an honour to
* this nation, that the treaty of Union fliould firft
* come ratified from the Parliament of Scotland •, and
* that then, and not before, was the proper time to
* take the fame into confideration.' The other par-
ty finding they were too weak to carry a queftion,
the Earl oi Notthigham^s motion was dropped.
A few days after, the Queen came to the houfe of
Peers, and fending for the Commons, made the fol-
lowing fpeech.
My Lords and Gentlemen,
ihcQuccn's « TTAving acquainted you at the opening of this
hSi^houfcs. * jlI feHion, that the treaty for an Union between
* England and Scotland, which had been concluded
* here by the Commiffioners appointed for that pur-
* pofe, in purfuance of the powers given by the Par-
, * liaments of both kingdoms, was then under the
* confideration of the Parliament of Scotland, I can
' now, with great fatisfacbion, inform you, that
* the faid treaty has been ratified by adl of
* Parliament in Scotland^ with forpe alterations and
^ additions.
* I have direded the treaty agreed to by the
* Commifiioners of both kingdoms, and alfo the ad
^ of ratification from Scotland, to be laid before you,
* and I hope it will meet with your concurrence and
^ ^ppobation,
Ccntkmm'
A. 1707. DEBATES. 103
Gentlemen of the houfe of Commons^
* It being agreed by this treaty, that Scotland is
* to have an equivalent for what that kingdom is
* obHged to contribute towards paying the debts of
* England^ I muft recommend to you, that in cafe
* you agree to the treaty, you would take care to
* provide for the payment of the equivalent to 6"^^?/-
* land accordingly.
My Lords and Gentlemen^
* You have now an opportunity before you, of
* putting the lad hand to a happy Union of the two
* kingdoms, which I hope will be a lading blefling
* to the whole ifland, a great addition to its wealth
' and power, and a firm fecurity to the Proteftant
* religion.
* The advantages which will accrue to us all
' from an Union are fo apparent, that I will add no
* more, but that I fhall look upon it as a particular
* happinefs if this great work, which has been fo
* often attempted without fuccefs, can be brought to
* perfection in my reign.
The Lord Coningsby, upon the return of the Com-
mons to their own houfe, by her Majefty's com-
mand, prefented to them the articles of the Union,
agreed upon by the Commiflioners, the a6t of Par-
liament paffed in Scotland, for the ratification of them,
and a copy of the minute-book, of the proceedings
of the faid Commiflioners, which were ordered to be
printed *, and upon a motion being made, and the
queftion put, That an addrefs ihould be prefented
to the Queen, to order the minutes of the former
Commiflioners proceedings in the firfl: year of her
reign, about an Union, to be laid before the houfe,
it paffed in the negative, and they afterwards re-
folved on an addrefs of thanks to her Majefty for
her fpeech, and for communicating the articles
H 4 of
104 Parliamentary A. 1707.
of the Union, and the Scotch ratification to them :
The Queen made anfwer, that She was well
f leafed^ what floe had done was fo much to the fat isf ac-
tion of that houfe,
wfrcf^ The houfe of Lords, upon a motion of the Arch-
the Church bifhop of Canterbury^ ordered a bill to be brought
oiEr.giand. \x\ for thc feciirtty of the Church of England ; which
being read a fecond time, on the 3d of February^
(the Queen and Prince being prefent,) a queftion
v/as pur, whether it fhould be an inftruflion, by
the leave of the houfe, to infert in the bill, the ad
made the '^^ Car, II. entituled. An a5i for the
preventing dangers which may happen from Popifli
recufants : Which was refolved in the negative, by
a majority of 6^ voices againft 33. Then another
queftion was put, that it be an inftrudion to the
Committee of the whole houfe, to whom the bill
for fecurity of the Churchy was committed, that
there fl-iould be inferted in the faid bill, as a funda-
mental condition of the intended Union with Scot-
land,, particular and exprefs words, declaring, per-
petual and unalterable, an ad of Parliament made
the 25 Car. II. entituled. An a5l for preventing^
&c. But this being refolved alfo in the negative,
occafioned the following proteft.
' We conceive that this ad doth deferve to be par-
* ticularly m.entioned, and not left to double con-
*■ ftrudions ; becaufe as it was at firft made to fe-
•• cure our Church, then in danger, by the concur-
* rence of Papifts and Diflenters to deflroy it •, fo
* they have found by experience, both in the reign
' of King Charles 11. and of King James II. that
' it was the mofl effedual means of our prefer-
* vation, by removing from their employments the
' greateft enemies o^ our Church ; and particular-
^ ly in the reign of the late King James II. the
^ ^liTuming of a difpenfing power, and illegal
^ pradices
A. 1707. DEBATES. 105
* pra6lices, by clofetting and corrupting the mem-
' bers of Parliament, were chiefly levelled againft
Northampton.
R. Ceflriens.
Nottingham,
StaweL
Buckingham,
Thanet.
Craven.
Anglefea.
"Tho. Roffen.
Hozvard.
Guilford.
Suffex.
R. Bunehn.
JVeymouth.
Beaufort.
Granville.
Scarfdale.
Guernfey.
Jo. Ehor.
North and Grey
Their Lordfhips after this went through the bill, Debates in
and the houfe of Commons, on the 4th, refolved com^°ons°^
itfelf into a Committee of the whole houfe, to con- about the
fider of the articles of Union, and a6t of ratification ^^^^^'
of the Parliament of Scotland ; and Mr. Compton be-
ing chofen Chairman, Mr. Charles C<efar opened
the debate, and raifed, tho' modeftly, fome fcruples
againft the" Union.
He was feconded by Sir John Packington^ who sir Join
faid, ' That the bufinefs of the Union^ that was now fj4ch? '^ ^
' before them, being of the higheft importance, re-
* quired therefore the moft deliberate confideration 5
« that with relation thereto, people without doors,
' had been for a long time tongue-tied by a fpe-
^ cial order of Council, which not reaching them
* within thefe walls, he would very freely impart
* his thoughts about it. That, for his part, he was
' abfolutely againft this incorporating Unions which
* he faid was like the marrying a woman againft
' her confent : An Union that was carried on by cor-
* ruption and bribeiy within doors^ and by force and
^ violence without^, &c/
Many
io6 Parliamentary A. 1707,
Many of the members taking offence at thefe
bold exprefTions, which fo highly refledled both on
her Majefty's Miniflers, and the Scotch CommilTio-
ners and Parliament ; Sir John faid, he was informed,
That in Scotland they faid the Union was carried by
bribery and force ; adding, ' That the promoters
* thereof, in thus bafely giving up their independent
* conftitution^ had actually betrayed the truft repofed
' in them, and therefore he would leave it to the
* judgment of the houfe to confider, whether or no
* menof fuch principles were fit to be admitted to
* fit amongft them ? That among the many incon-
* veniencies and irreconcileable contradidlions this
' Union was liable to, he would only take notice of
* this material one, viz. That her Majefty, by the
* coronation oath, was obliged to maintain the
* Church of England, as by law eftablifhed, and
* bound likewife, by the faid oath, to defend the
* Freshyterian Kirk of Scotland, in one and the fame
' kingdom : Now, faid he, after this Union is in
* force, who fnall adminifter this oath to her Ma-
* jefly ? 'Tis not the bufmefs of the Scotch^ who are
* uncapable of it, and no well-wifhers to the Church
* of England : 'Tis then only the part of the Bi-
* fhops to do it •, and can it be fuppofed thofe reve-
' rend Prelates will, or can, adl a thing fo contrary
"" to their own order and inllitution, as thus to pro-
•" mote the eilablifhment of the Prefbyterian Church
* government in this united kingdom ? He urged,
* that the Church of England being eftablifhed Jure
' Divino^ and the Scotch pretending that their Kirk
^ was alfo Jure Divino, he could not tell, how two
* nations that clafhed in fo efTential a point could
* unite : And therefore he thought it proper to con-
* fult the convocation about this critical point.'
M. G. ^ Major General M /, in oppofition to Sir
fptecb. John Packington^ faid, * that he knew of no other
* Jure Divino than God Almighty's permijfwn : In
* which
A. 1707. DEBATES. 107
« which fenfe it might be faid, that the Church of
* England^ and the Kirk of Scotland were both Jure
' Dhino^ becaufe God Almighty had permitted that
' the firft (hould prevail in England^ and the other
' in Scotland : And that the member who fpoke lafl,
* might, if he thought fit, confult the convocation,
* for his own particular inftrudion ; but that it
* would be derogatory from the rights of the Com-
* mons of England^ to advife on this occafion, with
* an inferior affembly, who had no Ihare in the
* Legijlature,^
Little was faid in anfwer to this fpeech ; only
fome members moved, ' That the firft article of
* the treaty, which implied a peremptory agree-
* ment to an incorporating Union, might be poftpo-
* ned, and that the houfe lliould proceed to the
* confideration of the terms of that intended Uni-
' on contained in the other articles :' Which motion The firft
being rejeded by a great majority, feveral mem- ff"tV/ti'i"
bers of the oppofite fide went out of the houfe, and approved,
the reft read and approved, without oppofition, the
I ft, 2d, 3d, and 4th articles of the treaty, and read
the 5th.
On the 8th the Commons, in a Committee of
the v/hole houfe, went through, and approved the
remaining articles of the treaty. The only objec-
tion the other party raifed on this occafion, was that
they went P oft -haft e in a bufinefs of the higheft im-
portance. To which it was anfwered, * That de^
' liberation always fuppofes doubts and difficulties,
* but no material obje(5lions being offered againft
* any of the articles, there was no room for delays •/
but fome of the members ftill crying out Poft-hafte^
P oft- haft Cy Sir Thomas Littleton very fmartly purfued
the allegory, and faid, ' They did not ride Poft-bafte
* but a good eafy trot ; and, for his part, as long as
* the weather was fair, the roads good, and their
' horfes
io8 Parliamentary A. 1707.
* horfes in heart, he was of opinion, they ought to
< jog on, and not take up till it was night.'
Two days after, the Commons, in a Committee
of the whole houfe, went upon the engrofTed bill
The aa for from the Lords, entituled. An a5l for the fecuring
thTchurch ^^^ Church of England, as by law eflablijioed : And a
of England motion being made, and the queftion propofed, That
it be an inftrudion to the faid Committee, that they
might receive an amendment or amendments, for
the particularly naming the a6l of the thirteenth
year of King Charles II, for the well governing and
regulating corporations^ as to fo much as was not re-
pealed, and alfo the aft of the twenty fifth of the
faid King, for •preventing dangers which may happen
from Popiffj recufants \ an amendment was propofed
to be made by adding to the queftion thefe words
(although effeElually and fufficiently provided for in the
bill). The queftion being put, that thofe words
fhould be added to the queftion, it was refolved in
t\\^ affirmative. Then the main queftion being put,
that it ftiould be an inftrutflion to the faid Committee,
that they might receive an amendment or amend-
ments for particularly naming the a6l of the 13th
year of King Charles II, for the well governing and
regulating corporations^ as to fo much as was not re-
pealed •, and alfo the a6t of the twenty fifth of the
laid king, for preventing dangers which may happen
from Popifh recufants^ (although effectually and fuf-
ficiently provided for in the bill) it pafled in the ne-
F.a'cd lio gative. The next day the faid bill was read the third
time, paifed without any amendments, and fent
back to the Lords ; after which the Commons re-
The treaty ceivcd the rcpott of their grand Committee, with
pIoveTb"^^' their refolutions, containing their approbation of the
the Com- articles of the Union, as amended and ratified by
the Parliament of Scotland^ to which the houfe a-
greed, v/ithout any amendment -, and ordered a bill
to be brought in to ratify the feme.
On
A. 1707. DEBATES. - ro^9
On the 15 there was a grand debate in the houfe a grand de-
of Peers, about the treaty of Union, the Queen be- houre"of "^
ing prefent. Their Lordfhips having refolved them- [i.^'e un^^^n ^
felves into a Committee of the whole houfe ; and
the bifhop of Salisbury being called upon to take the
chair, the debate, on the firft article was opened by
the Earl of Rochejler^ who acquainted the houfe, Eariof;?^-
' he had many things to objedl to feveral of thofe J-pf^^/
* articles, which, he faid, was all one to him, whe-
' ther their Lordfhips would pleafe to receive them
* now, or when thofe articles came more properly
^ under their confideration.'
The Earl o^ Angkfey moved, ' That the firft ar- Eari of An-^
^ tide might be poftponed, it being impofTible for^^"-''^*
« him to give his vote to it, before he knew, and
* was thoroughly fatisfied, wherein this Union was
* to confift.' Several others were of that opinion,
among whom the Bifhop of Bath and JVells fpoke
much to the fame efFed.
The Earl o^ Nottingham excepted againft the name Eariof ^f-
of Great-Britain^ alledging, ' it was fuch an inno- ^'"^^'""'
* vation in the monarchy, as totally fubverted all
* the laws of England^ and therefore moved, That
' the Judges opinion might be afked about it ;
* wherein he was feconded by feveral other Lords :'
Hereupon the Judges being feverally afked their
opinions in that refped, unanimouQy declared,
' They could not conceive that it any ways altered
' or impaired the conftitution of this realm, whofe
' laws, they were of opinion, muft remain entirely
* the fame, as well after as before the Union, ex-
' cept fuch as were altogether inconfiftent v/ith, and
* diredlly contrary thereto/
Lord
iio Parliamentary A. 1707.
Lord HAVERSHAM'i speech.
My Lords^
Lord Ha- ^ WJ ^ AT my noblc Lord has mentioned to
l^&f' * VV your Lordfhips.occafions my {landing up;
* I find myfelf under the fame difficulties : I have
* feveral things to fay to this matter of the Union,
* to your Lordfhips, and 'tis very indifferent to me
' when I offer them. / have a right of f peaking my
* thoughts, and entering my proteft too^ to any thing I
* dijlike^ and I ftoall certainly find fome time to do fo^
' before this matter can pafs into a law, I am in your
' Lordfhip's judgment, whether you will allow me
* to fpeak what I have to fay, now,
* My Lcrds^ With what difpofition I come
* hither, I hope may be evidenced by the motion I
' made your Lordjhips lafi year^ for repealing certain
* claufes that were grievous to Scotland. I would da
* any thing that were for the benefit and good of
' both nations.
* Thefe articles come to your Lordfhips with the
* greateft countenance of authority, that 1 think it is
* pofTible any thing can come ; your CommifTioners
' have agreed to them ; the Scots Parliament has,
* with fome few amendments, ratified them ; and
* the Queen herfelf from the throne approves of
' them ; and yet you mud give me leave to fay,
* That authority^ thd* it be the firongefl motive to in-
* dine the will^ is the weakeft argument in all the
* world to convince the underflanding. 'Tis the argu-
* ment the Church of Rome makes ufe of, for their
* fuperflitious worfbip, where there are ten ave-
* maries to one pater nofier *, jufi as unr-eafonable as
* if ten times the application and addrefs were made
* to a file- favourite, as to the per f on of a Sovereign^
^ which is a kind of fixate idolatry.
« 1 would
A. 1707. DEBATES. in
< I would not, my Lords, be mifunderftood, as if
« I were againft a Union, A feeder al Union ^ a Union
< of intereft, a Union in fucceffion is what I jhall he
* always for \ nay, were it whether a people inhabi-
* ting the fame ifland, fpeaking the fame language,
* and having the fame religion, fhould be under
* one and the fame form of policy and govern-
* ment, I cannot fee how any man could be againft
* it; but this is a matter of a quite different nature ;
* it is, whether two nations independent in their
* fovereignties, that have their diftindt laws and in*
* terefts, and what I cannot forget, their difFe-
' rent forms of worfhip, church government and
< order, fhall be united into one kingdom.
* An Union made up, in my opinion, and fo many
* mifmatched pieces^ of fuch jarring incongruous in-
* gredients, that fhould it ever takeeiFe(5l, I fear it
* would carry the neceffary confequence of a fianding
*• power and force, to keep us from falling afunder,
* and breaking in pieces every moment : For, as my
* Lord Bacon well deferves, (whom I take to have
* been a very great man, though fometimes the courtier
* got the better of the fhilofopher) " A unity, fays he,
*' that is pieced up by a dire6l admiflion of con-
*' trariesin the fundamental points of it, is like the
*' toes of Nebuchadnezzar^ s> image, which were
*' made of iron and clay •, they may cleave together <,
*' hut can never incorporate.^*
* Another reafon why I am againft an incorpo-
* rating Union, \sfor the fake of the good old Englifh
* conftitution, juftly allowed to be the moft equal and
' beft poized government in all the world, the pe-
* culiar excellency of which lies in that well proportioned
* dijiribution of powers, whereby the greatnefs of the
* Monarch, and the fafety of the people, are at once
' provided for ; and it is a maxim in all policy, nat
' the fur eft way to preferve any governwent, is by aftriB
* adherence to its principles : So that whilft this ba»
* lance of power is kept equal, the conftitution
^ is
112 Parliamentary A. 1707.
is fafe ; but who can anfwer what alteration fo
great a weight, as ^xty one Scots members^ and
thofe too returned by a Scots Privy Council^ when
thrown into the balance^ may make ?
* Befides, my Lords, I mud own I am apprehen-
five of the precedent, and know not how far it may
be carried hereafter, or what alteration future Par-
liaments may think fit to make ; it is evident, by
the two and twentieth article, that above a hun-
dred Scotch Peers ^ and as many Commoners^ are ex-
cluded from fitting and voting in the Britifli Parlia-
ment : Who perhaps as little thought of hting fo a
year or two ago ^ as any of your Lordfhips do now ; for
they had as much right by inheritance, of fitting
there, as any one Lord in this houfe has of fitting
here ; and that right to, as well and as ftrongly
fenced and fecured to them by the fundamental
laws of their kingdom, by claim of right, and
a6l of Parliament, which made it treafon to make
any alteration in the confiitiition of that kingdom \
and yet have not they loft their privilege ? And
what one fecurity has any Peer of England, by the
laws of this land ^ to his right and privilege of Peerage^
that thofe Lords had not ? My Lords the Bifhops
have once been voted out of this houfe by the
temporal Lords already, and who knows what
queftion may come hereafter : I will venture my
life in defence of the Church oi England^ and yet
at the fame time own myfelf an Occafional Con-
formift. But if my Lords, the Bifhops, will weaken
their own caufe fo far as to give up the two great
points of epifcopal ordination and confirmation^ if
they will approve and ratify the a6l for fecuring the
Prefbyterian Church-government in Scotland^ as the
true Protefiant religion and purity of worfmp^ they
give up that which has been contended for between
them and the Prefby terians thefe thirty years -, and
which I will undertake to prove to my Lords the
Bifliops, has been defended by the greateft and
* learnedeft
A. 1707. DEBATES. 113
« learnedefl: men in the Church of England. I hope,
* when 'tis proper, my Lords will pleafe to give
* fome light to one who defires inftru^fion.,^ that I
« may not ignorantly do any thing to their prejudice in
« this matter,
' There is another reafon why I am againlt this
< Union, becaufe I cannot think // an entire Union ;
« the exempted articles, I mean the twentieth ar-
« tide, whereby hereiahle offices and fuperiorities are
« referved\ Andalfo the one and twentieth ; hoth which
« Oliver, hy an a5i of ft ate., was fo wife as to aholifh-^
* Efpecially their aU for fecuring their Presbyterian
' Church government^ and General AjfemUies^Jeem to
« me like thofe little clouds in a warm calm fur/imer's
« day., that are generally the feeds and attra6iives of
« approaching tempefts and thunder. I the rather take
* notice of thefe, becaufe though the articles of Union
» are ratified by the Scotch Parliament, yet the bulk
« and body of that nation feem to be againft them. Have
* not the murmurs of the people there been fo loud
* as to fill the whole nation ? and fo bold too, as to
* reach even to the doors of the Parliament ? Has not
' the Parliament it felf thought fit to fufpend their
« beloved claufe in their ad of fecurity, for arm.-
« ing their people during the fefTion ? Nay, has not
* the o-overnment, by advice of Parliament, let out
« a proclamation, which I have here in my own
' hand, pardoning all ftaughter, bloodfhed, maiming.,
* &c. that is committed upon any who are found in any
* tumults there^ and difcharging all profecution for the
* future ? I do not mention this to find fault with
' any thing that is done in Scotland, but only to
* fhew to your Lordfhips, that when fuch an unufual
' proclamation as this isfet out by advice of Parliament.,
* and cannot ft ay the forms of a law, when we know
« that upon extraordinary occafion, if it be but to
* grace a complement, a bill may be read three times
* in one day : Sure, my Lords, it fljews a very great
* ferment that requires fo very fpeedy an application.
Vol. V. I * After
114 Parliamentary A. 1707.
« After all, has not what we defire, I mean their being
* upon the fame foot of fucceffion with uSy been offered
« without this Union ? In fhort, my Lords, I think
« an incorporating Union one of the moft dangerous
' experiments to both nations ; in which, if we hap-
' pen to be miftaken, however we may think
' of curing things hereafter, the error is irre-
* trievable.
' My Lords, this is the laft time that I believe I
* fhall ever trouble your Lordfhips in an Englijfh
* Parliaments give me leave therefore to fay but
* one word.
' In King Charles the firft's time, the cavaliers
* were the perfons that ventured their lives, and loft
' their eftates to ferve him. And in King Charles
' the fecond's time they were forgot, and left ftar-
' ving. At the reftoration, the Prefbyterians were
* as zealous for that as any men whatever, and none
* were more perfecuted all his reign. Towards the
* latter end of that reign, the Bifhops threw out
* the bill of exclufion, and King James put them
' into the 'Tower. At the revolution, the London-
* <^^rry-men, i£c, were the perfons that made the firft
* and nobleft ftop to King James in Ireland ; and I
' my felf have fed fome of them at my own table,
* when they were ftarving with the greateft com-
* mendations and promifes in their pockets ; which
* I have feen under King William^ own hand. In
* the laft reign, every body knows who they were that
* made their moft confiant court at St. James' j, and we
* fee in what favour they are at this prefent.
' Now there is a great deal of zeal for this Union,
' I wiih from my foul that the advantages may at-
* tend it, of tranquillity and fecurity, power, peace
* and plenty, as is intended by it ; but yet it is pof-
* fible men may be miftaken, I won't fay they
* will ever repent of it ; but I will take leave to fay
* what I have formerly faid in this place, That what
* has been^ may be^
The
A. 1707. DEBATES. 115
The debate being over, the queftion was put.
Whether the confidtration of the firft article of the
treaty of Union fhoiild be poftponed till all the
other articles had been examined : But the nega-
tive carried it by a nnajoriry of 72 voices, againft
22 J and i'o the firft fix articles v/ere read and ap- The /ix firft
proved, and the confideration of the reft adjourned prove" by"
to the iQth, when the Lords refumed the confide- ll^f^^^'^'-
}< , ' The debate
ration or the treaty. refumed.
The Lord North and Grey obferved, with rela- J^^^,^°''^
tion to the 9th article, ' the fmall and unequal pro- Grey\
* portion Scotland was to pay to the land-tax, ur- ^p^^^^'
* ging, that Wales^ as poor a country every whit as
* that, and of a much lefter extent, paid to the full
' as much again, and yet fent not much more than
* half the number of reprefentatives to Parliament,
* which were granted to Scotland^ and for that reafon
* his Lordftiip faid, he could not agree to that article.*
He was anfwered by my Lord Hallifax^ * That J^jjr''''^
* the number of reprefentatives was no rule to go
* by, fince there was the county o^ Cornwall in Eng-
* landj that paid not near fo much toward the land-
* tax, as that of Gloucefier^ and yet fent almioft five
* times as many members to Parliament as the latter
' did. That it was very true, the quota o{ Scotland
' was very iinail and unequal, in comparifon to what
' was paid m England-, but that the£;^^Z^Commif-
' fioners could not induce the Scotch to agree to any
* more, upon account of feveral impoiTibilities on
' their fide 5 that we could not expect to reap the
' like advantages of every article of the treaty,
' and that if they had the better of us in fome few,
* we were infinitely recompenfed by the many ad-
* vantages which did accrue to us from the whole.'
The houfe divided again on this article, there ioth,^iuh,
being 70 contented with it, a2:ainil 22 not contents, ^-^J-- ^"<^,
^ ' ' «3 •? ' T3th articka
X 2 anCl approved.
ii6 Parliamentary A. 1707.
and fo having run over the four follov/ing ones, the
confideration of the reft was further adjourned to
the 2ift, when (the Queen being prefent) the de-
bate chiefly mn on the 1 5th article.
The -Earl of The Eatl of Nottingham obferved, it confifted of
ham\^' ^wo parts, viz. a certain grant of money, and the
fpeech. application thereof, in reference to which, he faid,
* That it was highly unreafonable, that the Scots ^
^ who were by the treaty let into all the branches
* of our trade, and paid fo little toward the fup-
« port of the government, and of a moft expenlive
* and bloody war, fhould moreover have an equiva-
' lent of 398085 /. given them for coming into that
* treaty. He infifted much upon that argument,
* and took notice, as to the difpofal of the equiva-
* lent, that that part of it which was to be given to
* the Darien company, was fo ordered as that ic might
* be fwallowed up by a few perfons, without any
* particular regard to the indemnifying every pri-
* vate fufferer in that unhappy enterprize.'
The Lord Thc Lord HalUfax anfwered, * That this equiva-
Haiiifax, c ]en|- could not be looked upon as a gift, but as an
« adlual purchafe of the Scots revenue and cuftoms,
' which, by this Union, were to be applied to the
' payment of the debts of England ; and that they
' were no more gainers by it, than we were here by
* the fale of annuities at 15 or 16 years purchafe:
* That as to the difpofal of the money, it being
' their own, it was but reafonable they fhould have
* the liberty of applying the fame, as they thought
' moft convenient, the Englijh CommifTioners being
* no ways concerned therein ; whofe care, neverthe-
* lefs, and great prudence had been fuch, that they
' made provifion it fhould not be difpofed of, but
' by certain CommifTioners, who fhould be account-
' able for the fame to the Parliament of Great-
^ Britain.^
Their
A. 1707. DEBATES. 117
Their Lordfhips this day proceedino; as far as the "^^he isth,
19th article, adjourned to the 24th, when (the iSth, and
Queen being hkewife prefentj the Earl of Thanet^ a^^ove?^"
on the 20th article, acquainted their Lordfhips, Eari of Ti>^-
« That himfelf having an heretahle office here in "'''' ^p^'^**-
* England^ by being perpetual Sheriff of the coun-
* ty of Weftmoreland *, he would be glad, with
' their Lordfhips leave, to have the opinion of the
* Judges, about the prefervation of that his right,
* there being no provificn made in this article for
* heretable offices in England,^
The Lord Great Chamberlain feconded him in ^ari of
that motion, faying, ' He had the honour like^ ^^I'^lH '
* wife of having fuch an heretable office^ as was then
* inqueftion, about the prefervation whereof he had
' the very fame doubts and fcruples with the noble
' Peer that fpoke laft :' Whereupon it was agreed,
that the Judges Ihould deliver their opinion about
it, which they accordingly did, from the puifne
Judge, to the Lord Chief Juftice, whofe anfwers
were near the fame, with what they had declared to
the houfe, to be their opinion, with refped to the'
firfl article.
The Earl o^ Rochefter^ after reading the 2 2d artir '^^^^jlf
cle, declared, ' He looked upon it as incongruous^ fpe^ch about
' contradi^ory to^ and inconjiftent with it felf -, That J,^^^J^"''^
' there were 1 6 Peers to be returned to the houfe of
' Lords in the Parliament of Great-Britain^ who
^ were Peers and no Peers : That being all Peers by
* right of inheritance^ they were neverthelefs made
' here ele5five^ he took to be divefting them of their
^ peerage \ becaufe not being fure of being always e-
' ledled to every Parliament of Great-Britain, they
' confequently mud lofe, when left out, the benefit of
* The Earl of 7'/^^z«f/ is hereditary Shen?to( Wi^Jimore/an^^ as
being defcended from the family of the Cliffordsy and they a-
gain from the Viponts,
Ii8 Parliamentary A. 1707.
* fitting in Parliament, what was ever deemed an
* infeparabie right of the peerage : That the reft of
* the nobility of Scotland^ to the number of above
' 100, were thereby manifeftly injured j and that
* for his part he wondered very much, how the Scots
* came to accept of fuch unreafonable conditions ;
* or hov/ their Lordihips could entertain the
* thoughts of permitting fuch Peers hy ele5lion to fit
' among them.'
The Lords Nottingham^ Norths and Grey^ &c.
very much enforced this topick, adding, ' That as
* one might very well fuppofe, that thofe Scots
* Peers would be fuch as v/ere addi6led to the Kirk^
* it might prove of a dangerous confequence.to the
^ Church of England,^
The Earl of Thc Eatl of /Fy6^r/^;^ replied, ' That tho' they
%t^'lT ' ' '^^^^ '^ never fo much of the Kirk party, yet there
' v/as no reafon to fear, but they would alfo be very
' well difpofed for the Church o{ England^ and ftand
* up in its defence on all occafions ; fince there were
* even fome fitting amongft their Lordfhips who
* would venture their lives for the Church of Eng-
' land^ and yet openly declared themfelves to be at
' the fame time occafional conformifis^
The Lord ^hc Lord Haverfioam rightly judging he was
jjai.'er/ham\ hlntcd at by that noble Peer, ftood up to inform the
^^^"^ ' houfe, ' what he underftood by an occafional con-
' formift \ (in which explanation he appeared fome-
' what gravelled :) For after having made a long en-
* comium on the epifcopal order ^ which he took to
' be the heft and moft conformable to primitive chriftia-
' nity^ he gave no lefs commendation to all the pro-
' teftant Churches abroad, and to the Kirk of Scot-
' land it felf in particular , which he faid, was a
* true froteftant Church,
The
A. 1707. DEBATES. 119
The Bifliop of Bath and Wells, after begging I'^^^f^Z
pardon for troubling their Lordfliips on this ac- /r./^-sfpeech
count, and faying that if he fpoke any thing out of ^^^^a '''
the way, he was under their corredion •, declared,
« That for his part, he was altogether againll this
<- Union, which he could wifli with all his heart,
* had been compleated an hundred years ago ; be-
<- caufe, faid he, all the ferment and difcord which
« were likely to enfue upon it, would by this time
* have had their courfe: That he could no better
« compare it, than to the mixing together flrong li-
* quors of a contrary nature, in one and the iame
' veffel, which would go nigh being burft afunder
* by their furious fermentation : That as their bench
* was always reckoned the dead weight of the houfe^
' fo thofe 16 Peers being admitted to fit therein,
* would more efFeaually make it fo, Specially m
' any future debates relating to the Church, to-
* wards which they could no ways be fuppofed to
' be well affeded •, and therefore he was humbly of
* opinion, that fome provifion might be made for
' debarring them of their vote in any Church mat-
' ter that fliould hereafter come in agitation.'
TheL.ords Somers, Hallifax, and _ others, made
very pertinent anfwers to thofe objedions, after
which the debate ended in a general divifion of the
houfe, there being 71 contents for the 22d article,
againft 22 not contents.
After reading the laft article, the Earl of Arran^
moved that the Judges opinion might be asked, what^
laws would be repealed by this Union, and what
would remain in force, but that motion was rejed-
ed : Upon which the Earl of Nottingham flood up and The Eari of
begged their Lordfhips pardon ' for having troubled ^;^'/"^'
<- themalmofl to every article, urging there were fpeech.
' fuch material objedions occurring to his thoughts,
* as in confcience he thought himfelf obliged
I 4 ! ^^
I20 Parliamentary A. 1707.
* to lay before the houfe : That as Sir John May-
* nard made this compliment to the late King, at
* the revolution, That having buried^ upon account
* of his great age^ all his contemporaries in Weftmin-
* fter-hall, he was afraid^ if his Majejiy had not
* come in that very jun^ure of time^ he might have
* Ukewife out-lived the very laws themfelves •, fo, if
* this Union did pafs, as he had no reafon to doubt
* but it would moft certainly, he might with as
* much reafon, and as juftly affirm, he had out-lived
* all the laws and the very confiitutionof¥ur\^zx\dy
* concluding with a prayer to God, to avert the
* dire affedls which might probably enfue from
* fuch an incorporating Union.
Ifvnlonl ' Three days after, the Bilhop of Sarum reported
proved by to the houfc of Lords, the refolutions of their
the Lords, g^^nd Committee, for approving the articles of
Union, which were agreed to by a great majority ;
but feveral Peers made and entred the following
proteft.
Diejovis, lyth Febr, 1707.
Dijfentient* To the ninth refolution,
SeveralPeers « BeCaufe WC humbly conceive C Ui/Jint to e-very oT>eof
peVs ' ' the fum of 48000 /. to be charg- <? '^^ "^^aSr'*
* ed on the kingdom of Scot- ^ '^"'" ^*
* land^ as the quota of Scotland,
« for a land-tax, is not Tpro- r i tiife^t to every one of
* portionable to the 4. s. aid,<^ tte ^s refo/u!ior,s.
, * 1 , 1 -I-. 7^ ^ ) Haver/ham.
* granted by the Parliament ofc
* England ; but if by reafon of
* the prefent circumilances o^rl^'Ji"ttotbefouriajire'
« the kingdom, it might have <i.« prejent at tu faj>
* been thought it was not able to 1>^ '^' '/^"■';„. „
.1 ^ . I Geo. Bath and Wells.
* bear a greater proportion, at C
' this
not
A. 1707. DEBATES. 121
idifenttoe'veryonecftU'ki, this time ; yct wc cannot but
^5 refoiunom^^^^^ J , ^j^-^j^ .^. ^pequal to this king-
* dom, that it fhould be agreed,
^'^^'^Vir/n?'"''^'^'!' that whenever the 4 J. aid
zs rejourns. j ^ ^^^^ ^^ enadlcd by the Parlia-
* ment of Great-Britain^ to be
' raifed on land in England^ that
* the 48000/. now raifed on
« Scotland^ fhall never be increa-
* fed in no time to come, tho*
* the trade of that kingdom
* (hould be extreamly improved,
* and confequently the value of
* their land proportionably rai-
* fed, which in all probability,
* it muft do, when this Union
' fliall have taken effed.
North and Grey^ Rochejler,
Howard, Leigh, Guilford.
Dijfentient' To the 15th refolution.
* Becaufe we humbly conceive nothingcould have
« been more equal on this head of the treaty, than
* that neither of the kingdoms Ihould have been
* burthened with the debts of the other, contraded
* before the Union, and if that propofal which we
* find once made in the minutes of the treaty, had
* taken place, there would have been an occafion to
' have employed the revenues of the kingdom of
* Scotland towards the payment of the debts of
* England, thofe revenues might have been ftndtly
' appropriated to the debts of the kingdom, and to
* any other ufes within themfelves as fhould have
* been judged requifite, and there would have been
* no need of an equivalent of very near 40000G /.
* to be raifed on England, within this year, for the
« purchafe of thofe revenues in Scotland^ which
* -^ * however
122 Parliamentary A. 1707.
* however it may prove to be but a reafonable bar-
' gain, upon a ftrid calculation, there does not
* feem to have been a neceffity juft now to have
* raifed {o great a fum, when this kingdom is al-
' ready burthened with fo vaft ones, for neceflary
' charges of the war.
Rochefler^ North and Grey^
Guilford^ Leigh,
Bijfentient* To the 2 2d refolution.
* Becaufe we humbly conceive in the firft place,
that the number of 1 6 Peers of Scotland^ is too
great a proportion to be added to the Peers of Eng-
land^ who very rarely confift in more than 100 at-
tending Lords, in any one felTion of Parliament,
and for that reafon we humbly apprehend fuch a
number as 1 6, may have a very great fway in the
refolutions of this houfe, of which the confequence
cannot now be forefeen.
* In the 2d place, we conceive the Lords of Scot-
land^ who by virtue of this treaty, are to lit in
this houfe, being not qualified as the Peers of Eng*
land are, mud fuffer a diminution of their digni-
ty to fit here on fo different foundations; their
right of fitting here, depending entirely on an
eledlion, and that from time to time, during the
continuance of one Parliament only ; and at the
fame time, we are humbly of opinion, that the
Peers of England^ who fit here by creation from
the crown, and have a right of fo doing in them-
felves or their heirs, by that creation for ever,
may find it an alteration in their conllitution, to
have Lords added to their Number, to fit and
vote in all matters brought before a Parliament,
* who
A. 1707. DEBATES. 123
* who have not the fame (right) of their feats in
« Parliament, as the Peers of England have.
Buckingham^ North and Grey,^
Leigh^ RochefteVy Guilford.
idiffenttotbe 1, 4, 5> 1 < We dilTent to the refolution
ll^JnyzstlrefokV^n^^ of paffing the laft article, be-
* caufe there being no enumera-
* tion of what laws are to be re-
* pealed, it is conceived, too great
* a latitude of conftrudlion there- ^
* upon is left to the Judges.
Abington^ Leigh^ North and Grey^
Guilford,
The Lords on both fides having in this manner
exerted their faculties about this unexampled affair j
of an incorporating Union, which at lafl they
brought to a conclufion. The Commons in the commons
interim upon yiv.Bromley^s motion, ordered, ' That favourofthe
* it fhould be an inilru6lion to the Committee of the ^^'^^J^^f^^
* whole houfe, to whom the bill for an Union be- ° "^
< tween the two kingdoms of England and Scotland
* was committed, that they might receive a claufe
* that the two Univerfities of this kingdom might
' continue for ever, as they then were by law efta-
* blifhed.' Then a motion being made, and the
queftion put, ' That it fhould be an inftrudlion to
' the faid Committee, that they might receive a
' claufe to make the like provifion, that the fubjeds
* of this kingdom fhould be for ever free of any
* oath, tefl, or fubfcription within this kingdom,
* contrary to, or inconfiflent with the true Prote-
' flant religion, government, worfhip and difcipline
* of the Church of England^ as then by law efla-
* blifhed, as was already provided for the fubjeds
' of Scotland^ with refpedl to their Prefbyterian go-
' vernment;
124 Parliamentary A. 1707.
* vernment ; it pafled in the negative.* The fame
day a member moved, that a claufe fhould be in-
ferted in the faid bill, in favour of the convocation
of the clergy, as part of the conftitution^ which af-
fertion and motion were exploded.
The Parliament of Scotland having inferted in the
articles of Union feveral claufes for draw-backs and
allowances upon divers commodities of the growth
of that kingdom, which might have put the Eng-
lijh traders upon an unequal foot with the Scotch^ the
Commons of England took the matter into their
confideration, and, in a Committee of the whole
houfe, came
m a
the following refolutions.
I. ' That all foreign fait imported into England^
JVales^ or Berwick upon Tweedy after the firll day
o^ May, 1707, fhall be cellered and locked up un-
der the cuftody of the merchant importer, and the
officer employed for levying the duties upon fait ;
and that the merchant may have what quantity
thereof his occafions may require, not under a
wey or forty bufhels, at a time, giving fecurity
for the duty of what quantify he receives, payable
in fix months.
2. ' That for all Englifh fait, which, from and
after the firft day of May, 1707, fhall be fhipped
to be carried coaftwifc, the duties having been paid,
or fecured according to former laws, there fhall
be an allowance made of the duties of fo much of
fuch fait as fhall be actually wafled in the carriage
for waflage, upon certificates to be given gratis
by the proper officers at the port of lading of the-
true quantity of fait laden or put on board, and
a certificate of the proper officers at the port of
difcharge of the quantity of the faid fait, which
fhall be there difcharged •, and upon proof made
upon oath to verify the faid certificates, which
' proof
A. 1707. DEBATES. 125
« proof and certificates being produced to the pro-
* per officers of the fait duties, by whom the du-
« ties of the faid fait fo carried coaftwife was paid or
* fecured, he fhall be allowed upon the fecunty, or
* repaid (in cafe the duties be aftually paid) fo much
' as the faid allowance for waftage ihall amount to,
' as aforefaid.
o * That, from and after the firft day of May,
i 1707, there Ihall upon the exportation of white
« herrings from England, JVales, and town of Ber-
* wick upon Tweed, be the like allowances as are to
* be made upon the importation of white herrings
* from Scotland,
A * That there Ihall be allowed for every barrel
* of beef or pork faked and exported from England^
« Wales, and the to^no^ Berwick n^on Tweed, at-
' terthe firft of iV%, 1707, ^oxi^Xt, the like allow-
* ances, as are to be allowed upon exportation ot
* fuch beef and pork exported from Scotland.
5 <• That there Ihall be the like Premium given
* for all oatmeal and grain, called beer alias big,
' upon the exportation thereof, exported after the
* firft of May, 1707, from England, Wales, and the
' town of Berwick upon Tweed, as are to be given
* upon the exportation of oatmeal and beer from
« Scotland'
Thefe refolutions being agreed on by the houfe
on the 29th, and a bill ordered to be brought in
thereupon, they read and paifed the bill for an Uni-
on between the two kingdoms of England o.nd Scot-
land the next day •, the fame being carried by a ma-
jority of 274 votes againft 116, who were for re-
jcfting it.
The
126 Parliamentary A. 1707.
The bill on the ift o^ March was carried by Mr.
Compton to the houfe of Lords, who gave it a quick
difpatch ; but upon reading it the third time, the
Lord North and Grey^ offered the following rider
to be added to it, viz. ' Provided always that no-
A rider of- < thing in this ratification contained, fhall be con-
■L.^NoJtb ^ ' llrued to extend to an approbation or acknowledge
and Grey re- < nicnt of the truth of the Prefby terian way of worfhip,
^^ ^ * « or allowing the religion of the Church of Scotland^
* to be what it isililed, the true Proteftant religion.
But after a debate, the queftion being put, whe-
ther the faid rider fhould be read a fecond time, it
was carried in the negative, by a majority of fifty -
five voices againft nineteen.
Diflentient'
Beaufort^ Buckingham.
North and Grey^ Anglefey,
Winchelfea.
Northampton^ Abingdon,
Nottingham., Scarjdale.
Geo, Bath and Wells., Thanet,
Granville., Stawell^ Guernfey,
Weymouth^ Guilfordy Leigh,
Lords pro- Then the queftion was put, whether this billjhould
teft againft pafs^ which was refolved in the affirmative, by a
tioVoTthe^' great majority. The Peers who entered their dif-
union. fent were thefe that follow :
Diflentient'
Nottingham^ Anglefey ^ 'Thane t,
Winchelfea., Northampton.
Scarfdale^ Weymouth^ Guernfey,
* Becaufe the conftitution of this kingdom has
* been fo very excellent, and therefore juftly ap-
* plauded by all our neighbours for fo many ages,
* that we cannot conceive it prudent now to change
' it.
A. 1707. D JE B A T E S. 127
* it, and to venture at all thofe alterations made by
' this bill, fome of them efpecially being of fuch a
* nature, that as the inconvenience and danger of
< of them (in our humble opinion) is already but too
* obvious, fome think it more proper and decent to
* avoid entring further into the particular apprehen-
* fions we have from the pafling of this law.
Beaufort^ Buckingham,
Stawelly Guilford^ Granville,
Leigh,
The Lords having fent back the bill for an Uni-
on to the Commons without any amendment, the
Queen came to their Lordfhips houfe, on the 6th,
with the ufual folemnity, and gave the royal
affent to An a^ for an Union of the two kingdoms of Queen paflb
England and Scodand, and to fever al other hills, ^"^^^^
After v/hich, her Majeity made the following
fpeech to both houfes.
My Lords and Gentlemen^
* T T is v/ith the greateft fatisfafbion, that I have TheQueen's
« A given my alTent to a bill for uniting England fpeech in
* and Scotland into one kingdom. ParUament.
' I confider this Union, as a matter of thegrea-
* teft importance to the wealth, ftrength, and fafe-
* ty of the whole ifland, and at the fame time as a
* work of fo much difficulty, and nicety in its own
* nature, that till now all attempts which have
* been made towards it, in the courfe of above a
* hundred years, have proved ineffedlual ; and
* therefore I make no doubt, but it will be remem-
* bred and fpoke of hereafter, to the honour of thofe
* who have been inftrumental in bringing it to fuch
* a happy conclufion.
« I defirc
128 PaRLI AME N TARV A. I707*
* I defire and exped from all my fubjedls of
* both nations, that from henceforth they ad with
* all pofTible refped and kindnefs to one another,
* that fo it may appear to all the world, they have
* hearts difpofed to become one people.
' This will be a great pleafure to me, and will
* make us all quickly fenfible of the good effect of
' this Union.
' And I cannot but look upon it as a peculiar
* happinefs, that in my reign fo full a provifion
* is made for the peace and quiet of my people
* and for the fecurity of our religion, by fo firm
* an eftablifliment of the Proteflant fucceflioa
* throughout Great-Britain,
Gentlemen of the houfe of Commons,
* I take this occafion to remind you of making
* effedual provifion for the payment of the equiva-
* lent to Scotland within the time appointed by this
* ad, and I am perfuaded you will fhew as much
' readinefs in this particular as you have done in all
^ the parts of this great work.
My Lords and Gentlemen^
* The feafon of the year being now pretty far
* advanced, I hope you will continue the fame zeal
* which has appeared throughout this fefllon in dif-
' patching what yet remains unfinifhed of the pub-
* lick bufinefs before you.
Both houfes of Parliament after this agreed on a
joint addrefs to her Majefty, which was prefented oa
the 8th, and runs thus:
Addrefs cf ' T Tl T' ^ ^^"^ Majcfty's moft dutiful fubjeds, the
both^houfes c yy Lords fpiritual and temporal, and Com-
Queen, * mous, iu Parliament alTembled, return our moft
* humble thanks to your Majefty, for your graci-
« ous approbation of the (hare we had, in bringing
^ the
A. 1707. DEBATES. 129
* the treaty of an Union between your two king-
I ' doms of England and Scot/and^ to a happy concKi-
' * fion *, a work that (after fo many fruitiefs endea-
' vours) feems defigned by Providence to add new
' luftre to the glories of your Majefby's reign :
' The fuccefs of your arms having fecured us from
' all attempts from abroad, and the care your Ma-
' jeily has taken of the firm eflabhfliment of the
' Proteftant fucceflion, having given a great and lall-
* ing fecurity to our religion, as in the church of
^ England^ by law eftablifhed. We beg leave
' humbly to alTure your Majefty, that our en-
' deavours fhall never be wanting to fupport your
* government at home, and fo to eftablifh the peace
' of this ifland, that no difpute may remain among
* us, but how to acknowledge in the moft dutiful
' manner, the aufpicious condud: of fo great and fo
' renowned a Queen.'
Her Majefly's mod gracious anfwer. ^
My Lords and Gentlemen,
' T Am glad to find your opinion fo perfedlly a- Qij^ee^'s
* X grees with mine, concerning the Union ; you^""^^"^'
' cannot do me a more acceptable fervice, than by
* ufing your utmoft endeavours, to improve all the
' good confequences of it/
Her Maieily, on the 2Qth o^ ApriL was pleafed ^^^f^ .
.^ 1 1 1 • ••1 Proclamati-
to illue out her royal proclamation, contaming her on about
declaration, that the Parliament of England then in ^"^ pf.Ji^!
being, and the fixteen Peers and forty five Com- ment of
mons chofen by the laft Parliament of Scotland^ ^ain!'^''^
fhould conftitute the firft Parliament of Great-Bri-
tain, which by another proclamation iflued out not
long after, was to meet at Weftminfier on the 23d of
05fober following.
Vol. V. K The
J30
Queen's ^ .
Speech to
the Parlia-
ment of
Cr>€St-Brl-
Parliamentarv a. 1707.
The Parliament for the united kingdom fate the
firft time at Weftmhifter^ on the 6th of November ^
to whom her Majefty made the following mofl gra-
cious Speech.
My Lords and Gentlemen^
* Y T is with all humble thankfulnefs to Almighty
« J^ God, and entire fatis[a6lion to my felf, that I
' meet you here in this firfl Parliament oiGreat-Bri-
' tain^ not doubting but you come with hearts pre-
' pared, as mine is, to make this Union foprofpe-
* rous as may anfvver the well grounded hopes of all
* my good fubjcds, and the reafonable apprehenfions
* of our enemies.
' To this end, nothing is fo immediately material,
* as to convince as foon as poffible, both our friends
* and our enemies, that the uniting of our in terefts
* has not only improved our abilities, but our refo-
* lutions alio, to profecute this juft and neceffary
^ war, till we obtain a fafe and honourable peace
^ for our fclves, and for our Allies.
' In fo great and extenfivc a war as this is, ma-
' ny things may be ufefully undertaken which are
•^ not fit to be communicated before- hand: Theat-
* tempt upon "Thoulon was ot this nature, and though
* it had not wholly its defired eifed:, has neverthe^
'- lefs been attended with many great and obvious
"- advantages to the common caufe in this year, and
^ has made our way more eafy, I hope, to greater
* in the next.
' As the French have gained ground upon us in
* Spain, fo they have been wholly driven out oi Italy ^
^ by which it is become more eafy for all the Allies
* to join their afliftance next year for enabling the
' King of Spain to recover his affairs in that King-^
* dom, and to reduce the whole Spanijh monarchy
* to his obedience,
The
\. 1707. DEBATES. 131
' The weaknefs and ill poilure of affairs upon
the Rhine^ in the beginning of the year, has given
an opportunity to the French to make themfelves
ftronger in all other parts, but this defed: feems
in a very promifing way of being fully remedied
againft next campaign, by the condu6b and au-
thority of the Elector of Hanover^ whofe feafon-
able acceptance of that command has Itrengthened
and obliged the whole confederacy.
Gentlemen of the hoiife of Commons^
' The juft application of the fums given me by
former Parliaments, the plain neceflity of continu-
ing this war, the reafonable profpefl of putting a
good end to it, if we be not wanting to ourfelves,
and the honour of the firft Parliament of Great-
Britain^ are, I make no doubt, fufficient arguments
to incite you to provide the neceflary fupplies,
which I am obliged to defire of you for the enfuing
campaign in all parts, and particularly for the
timely fupport of the King of Spain ^ and the ma-
king good our treaty v/ith Portugal ; as alfo for
flrengthning the confederate army under the com-
mand of the Duke of Savoy ; all which fervices I
don't doubt but you will think fo neceflary, that
they ought not to be negledled, even though they
fhould require an augmentation.
' The fums already expended in this war have
been very great, and they are fufficient proofs how
well fatisfied my fubjedts have always been with
the ends of my government, of which I am fo
fenfible, as never to afk any fupplies from them,
but what are abfolutely neceffary for the pre-
fervation of religion and liberty : I look upon it
as my great happinefs, that I have not the leaft
intereft feparate from that of all my good fub-
jefts.
K2 M:^
132 Parliamentary. A. 1707.
My Lords and Gentlemen^
* In a work fo great and new in its kind as that of
' the Union, it is impoffible but that fome doubts
* and difficulties mufl have arifen, which however,
' I hope, are fo far overcome, as to have defeated
' the defigns of thofe who would have made ufe oi
' that handle to foment difturbances.
' There are feveral matters exprefly made liable
* by the articles of the Union, to the confideration
* of the Parliament of Great-Britahi^ which, toge-
^ ther with fuch others, as may reafonably produce
' thofe advantages, that, with due care, mufl cer-
* tainiy arife from that treaty, I earneflly recom-
' mend to your ferious confideration.
' On my part nothing fhall be wanting to procure
* to my people all the blefTings which can follow
^ from this happy circumilance of my reign, and to
* extinguifh by all proper means the leaft occafions
* of jeaioufy, that either the civil or religious
' rights of any part of this my united kingdom can
^ fuffer, by the confequences of this Union.
' Such a fuggeftion Ihall never, in my time, have
* any foundation •, how refllefs foever our enemiies
^ may be in their endeavours and artifices to difturb
* our peace and happinefs, thofe great and valua-
' ble blefTings cannot but be always fecure to us, if
* we heartily endeavour to confirm and improve our
* prefent Union : I hope therefore you will fuffer
*• nothing to prevail with you to difunite among your
* felves, or abate your zeal in oppofing the common
^ enemy.'
Th^
A. 1707. DEBATES. 133
The Lords paufing upon her Majefty's fpeech,
the Commons forthwith refolved upon an addrefs
of thanks to her Majefby, which was this that
follows 'y
Moji gracious Sovereign^
< \ 1| / E, your Majefty's moft dutiful and loyal Commons
* W fubje(5ls, the Com mons of Great-Brilain in ^'^^''^'*
^ Parliament afifembled, do, with all thankfulnefs
* and humility, acknowledge the divine goodnefs,
' in making your Majefty the glorious inftrument
* of uniting your two kingdoms.
' And we fhall never be fo far wanting in our
* duty to your Majefty, and the truft repofed in us
' by thofe we reprefent, as not to embrace all oc-
* cafions of confirming and improving the advan-
' tages of this happy Union.
* As this cannot fiil to ftrengthen your Majefty^i
* government at home, and anfwer the well-ground-
' ed hopes of your good fubjecls ; fo your faithful
' Commons are refc4ved to exert the united ftrength
' of this ifland, in fuch a manner as ftiall make it a
' terror to your enemies.
' The Eledlor of Hanover^ being at the head of
* the army on the Rhine^ gives us the greateft hopes
' of fuccefs on that fide from his condu6L and au-
' thority.
* And tho' your Majefty great and wife defigns
' for the advantage of this nation, and the good of
' the common caufe, have not had all the deftred
■ effedls in the laft campaign, yet we beg leave to
^ afllire your Majefty, that no difappointm.ents ftiall
^ difcourage- us from making our utmoft efforts to
' enable your Majefty, in conjundion with your
^ Allies, to reduce the whole Spanifo monarchy to
^ the obedience of the King of Spain, to make good
' the treaty with Portugal, and to ftrengthen the
K 3 ' confederate
134 Parliamentary A, 1707.
« confederate army under the command of the
* Duke of Savoy,
' Your Majefly has fhewn, throughout the whole
* courfe of your reign, that you have no intereft
* feparate from that of your people who have been
* fo fenfible of the many blelTings they have enjoyed
* under your adminiftration, as never to be wanting
* on all occafions to exprefs their gratitude to the
* beft of Queens.
' And we, your united Commons of this Parlia-
* ment, do faithfully promife your Majelty, that
* we will proceed upon publick bufinefs with una-
* nimity and difpatch, and give fuch effedual fup-
* plies as may carry on the war with vigour, and,
* by the blefTing of God upon your Majefty's arms,
* obtain an honourable and lading peace.
To this addrefs her Majefty anfwered to this
effedlj
Gentlemen^
Queen's * T Thank you very kindly for this addrefs : The
Anfwer. c J^ defircs you exprefs of taking all occafions to
* improve the advantages of our happy Union are
* extreamly agreeable to me. As you cannot give
* me a more fenfible proof of your loyalty and affec^
* tion to me and my government, than by your
* aflurances of fupporting me effedually in a vigo-
* rous profecution of the war : So I make no doubt
^ but thefe affurances will have their due weight
* abroad, and be of the greateft advantage imagi-
' nable to the common caufe.
PRO-
A. 1708. DEBATES. 135
PROCEEDINGS of the
Britifh Parliament^ 1708.
THE two hoiifes of Parliament having ad-
drefTed her Majefty about the neceflity of re-
ducing the whole Spanijh monarchy under the
power of the houfe of Auftria \ before a fafe and ho-
nourable peace could be made with France ; and
her Majelly having readily concurred in the fame
opinion with them ; a day or two previous un- Debate m
to this, there was a long and memorable debate in Lo^^j^^^gbouf
the houfe of Lords, in relation to the affairs o^ Spain ^ theEariof
the Qiieen being prefent, incognito, till ^wt of the a^^dt'If-^
clock in the afternoon. The Earl of Rochefter hksof spain
fpoke firfl;, and having commended the Earl of ^'^* ^^*
Peterboroiighh courage and conduct, and enumerated
his fervices, faid, ' It had been a conftant cuilom^
* that when a perfon of rank, that had been em-
* ployed abroad, in fo eminent a poft as his Lord-
* fhip had, returned home, he had either thanks
* given him, or was called to an account : Urging,
* that the fame ought to be done in relation to the
* Ear^ of Peterborough.*
The Lord Hallifax^ who fpoke next, enlarged HaiUfax,
likewife on the Earl o^ Peterborough's fuccefsful fer-
vices, but cunningly put off the returning him
thanks, till the whole tenor of his condudl had been
examined, than which the Earl himfelf profeffed, he
had nothing more at heart.
The Lord Haverjloam was not filent : But having luwfam.
highly extolled my Lord Peterborough^ valour, fkill,
and fucceffes, made a fide- wind reflection on the
Earl of Galloway^ faying, ' 'Twas no wonder our af-
' fairs in Spain went fo ill, fince the management
K 4 ' gf
136 Parliamentary A. 1708,
' of them had been entrufted to a foreigner.*
Hereupon, feveral members fhewed the neceflity of
carrying on the war, till the whole monarchy o^ Spain
was recovered, and King Charles fettled on his
throne j and among the reft the Ear] of Peterborough
Peterborough faid, * They ought to give the Queen nineteen fhil-
' lings in the pound, rather than make peace upon
« any other terms ; adding, that if it were thought
« neceffary, he was ready to return to Spain^ and
' ferve^ even tinder the Earl of Galloway.*
This naturally brought on the confideration of
ways and means to retrieve the affairs of Spain, in re-
Rccbejier. ktiou to which the Earl of Rochefler faid, ' That we
' feemed to negled: the principal bufinefs, and mind
' only acceflaries ;' adding, ' he remembred the fay-
' ing of a great General, the old Duke of Schomkrgy
viz. « That the attacking France in the Netherlands^
* was like taking a bull by the horns:' And there-
fore, his Lordihip propofed, ' That we fhould (land
' on the defenfive in Flanders^ and fend from thence
* 15 or 20000 men into Catalonia.^ That noble
Nottingham. Pger was feconded by the Earl of Nottinghamy who
complained of Spain being in a manner abandoned.
The Duke But thc Dukc of Marlhorough fhewed, with fome
^ougF^ "' warmth, the danger of fuch an undigefted counfel,
fpeech. and the neceflity of augmenting rather than diminiih-
ing our forces in Flanders, The two chief reafons
his Grace urged were, Firft,, ' That moft of tl^ ene-
' mies ftrong places there might be kept with one
' battalion in each •, whereas, the great towns of
* 5r^te/, we had conquered, required twenty times
* that number of men for their pre fervation.' Second-
ly ^ ' That if our army, in the Netherlands was weak-
' ened, and the French by their great fuperiority,
' fhould gain any confiderable advantage, which it
' was not improbable they might, the difcontented
' party in Holland, who were not a few, and bore
' with, impatience the neceffary charges of the war,
' would not fail crying algud for peace/
Hereupon,
A. 1708. DEBATES. 137
Hereupon the Earl of Rochefter faid, * he won- ^«f^c/?^''«
' dered that noble Peer, who had been ever confpi-
* cuons for his calmnefs and moderation, fhould now
« be out of his temper ; adding. That there being
' an abfolute neceflity to fuccour Spain^ his Grace
« would oblige their Lordfhips, if he would let
' them know where they might get troops to fend
* thither ; and the more, becaufe the Earl of
c p : lo had that very day alTured them, ^hat
' he had heard Prince Eugene y^jy, That the German
' foldiers had rather be decimated than fent inioSpain,
The Duke of Marlborough anfwered for the caufe Mar!bo.
of having fhewed fome warmth, by faying, ' The ^°"^^'
' thing was of too great importance to be fpoken
* of without concernment :' And as for the queftion
propofed by the Earl, he added, ' That although it
* was improper to difclofe fecret projedls in fo great
* an aflembly {to vjhich that day many ftr angers had
« been admitted^ by the favour of the ^een^s frefence)
* becaufe the enemy would not fail being informed of
' them •, yet, to gratify their Lordlliips, he might
' alTure them ,that meafures had been already concert-
* ed with the Emperor for the forming an army of
* 40000 men, (whom he fpecified,) under the com-
' mand of the Duke of Savoy ^ and for fending power-
' ful fuccours to K. Charles -, adding, itwas tobeho-
' ped, that P. Eugene might be prevailed with to go
* and command m Spain, in which cafe the Germans
* would gladly follow him thither. The only difHcul-
' ty which his Grace faid might be objecled againit
* this fcheme, was the ufual flownefs of the court of
* Vienna •, to which purpofe he took notice, that if
' the 7000 German recruits which the Emperor had
' promifed for the army in Piedmont ^had arrived time
* enough, the enterprize again ft Thoulon might have
' been attended with fuccefs : But that it was to be
' hoped,and he durft engage his word for it, that for
* thefuture his imperialMajefty would pun6lually per-
* form his promifes.' Whereupon the debate ended.
On
138 Parliamentary A. 1708.
On.the 29th q{ January^ the houfe of Commons
taking into confideration the ftate of the war with
Spain \ and the refidue of the papers which had
been laid before the houfe having been read, and the
queftion being propofed, ' That of the twenty
* nine thoufand three hundred ninety five Eng-
* lifh forces provided by Parliament, for the fer-
< vice of Spain and Portugal^ in the year 1707, there
« was but eight thoufand fix hundred and fixty in
* Spain and Portugal^ at the time of the battle of yf/-
* manza :' A debate arofe thereupon,which was ad-
journed to the 3d of February^ when the houfe re-
fumed it, and Mr. St. John offering to the houfe an
account of the number of forces provided for Spain
and Portugal in 1707, the fame was brought up to
the table, and read •, and the queftion formerly pro-
pofed and debated, was (with an amendment) agreed
unto by the houfe, as folio weth,w2;. Refolved^ ' That*
* it appears to this houfe, that of the twenty nine
* thoufand three hundred ninety five Englijh
* forces provided by Parliament for the fervice of
< Spain and Portugal^ in the year 1707, there was
* but eight thoufand fix hundred and fixty men,
* befides commifilon and non-commiflion officers,
< and fervants, in Spain and Portugal at the time of
* the battle o^ Almanza. Then a motion being made,
' and the queftion propofed. That an humble ad-
* drefs be prefented to her Majefty (laying the faid
* refolution before her Majefty) and humbly defir-
* ing, that flie would be gracioufly plea fed to order
' an account to be laid before that houfe, how it
* came to pafs that there were no more Englijh forces
* in Spain and Portugal at the time of the battle of
* Ahnanza ; and alfo that her Majefty would be
' pleafed to ufe her utmoft endeavours, that the war
* in Spain might be vigoroufty and effedually profe-
* cuted :' It was carried in the affirmative j and refol-
ved, that the faid addrefs be prefented to her Ma-
jefty by the whole houfe. Accordingly, on the 5th,
the
A. 1708. DEBATES. 139
the Speaker, with the houfe attended the Queen
with the faid addrefs, to which her Majefty an-
fwered : Gentlemen^ What you defire jhall he carefully
examined^ and I will fend you an anfwer in a fhort
time.
All this while the Lords had under confideration
the bufinefs of Spain^ and the grievances of the
merchants. In reference to the laft, their Lordfhips
having maturely confidered the complaints againft
Captain Kerr^ prefented the following addrefs to her
Majefty.
May it pleafe your mefl excellent Majefly^
:W
E your Majefty's moft dutiful and obedient The Lords
fubjeds, the Lords fpiritual and temporal captain ^
in Parliament affembled, do humbly inform your ^^''"^
Majefty, that there has been laid before this
houfe by Mr. 'Thomas JVoody in behalf of himfelf
and divers other Jamaica merchants, a complaint
againft Captain William Kerr^ late commander of
a fquadron of your Majefty's fhips at that ifland,
for refufing to grant convoys for their fhips to
the Spanifh coaft of America ; and in particular,
that the faid Mr. Thomas Wood had offered to the
faid Captain Kerr the fum of fix hundred pounds,
as a gratuity, if he would order one of your Ma-
jefty's men of war under his command, to go as
convoy to the Neptune ftoop, and Martha galley,
loaded with woollen and other goods of your Ma-
jefty's fubjed;s. That the faid Captain Kerr at that
time feemed pleafed with the propofal, and faid,
the Windfor fhould be the ftiip, and ordered
Mr. Wood to make v/hat difpatch he could in get-
ting the galley and floop ready. On which en-
couragement he got them ready to fail, and bought
three hundred negroes to put on board them ;
and th^n acquainted Captain Kerr therewith, and
^ with
140 Parliamentary A. 1708.
« with the great charge he was at in maintaining the
' negroes, and his fear of their ficknefs. Captain
* Kerr then faid, he feared he could not fpare a
* man of war, but the next day fent Mr. Tudor Tre-
^ vor^ Captain of the JVindfor^to acquaint Mr. JVood,
* that Captain Kerr faid, he thought Mr. Wood
' could not have offered lefs than two thoufand or
* at leall fifteen hundred pounds. Whereupon Mr.
* JVood declared the fum was fo great, that the trade
* could not bear it, and fo the floop and galley pro-
*^ ceeded on their voyage without convoy ; and in
* their return the floop, loaded with great wealth,
' being purfued by ir^w^^ privateers, and having no
' convoy, and crouding too much fail to get from
* the enemy, was unhappily overfet and lofb.
' The faid Mr. Thomas Wood alfo made another
* complaint, that upon a further application to the
' faid Mr. Kerr^ tor a convoy for three floops
* bound for the faid SpaniJJj coafl", he promifed to
* give the Experiment iran of war, commanded by
' Captain Bowler^ as a convoy, for which the faid
* Mr. Wood agreed to give eight hundred pounds ;
* four hundred pounds, part therec^f, was paid to
' the faid Bowler^ and the other four hundred
* pounds was made payable by note to one Mr. Her-
' bert^ for the ufe of Mr. Kerr^ which note was
' fent in a letter to Mr. Kerr^ and by him put into
' Mr. Herhert^s hands : And befides that, as a fur-
* ther encouragement for allowing the faid convoy,
* Mr. Kerr had an adventure of fifteen hundred
* pounds in the faid floops, without advancing any
' money. To this complaint Mr. Kerr put in his
' anfwer, and both parties were fully heard by them-
' felves, and their witnefles ; and upon the whole
* matter, the houfe came to this following refolu-
* tion. That the faid complaint of the faid Mr. Wood
' againfl: the faid Captain Kerr^ as well in relation to
' the Neptune^ and Martha Galley, as alfo in relation
* to the other three floops that went under the con-
« voy
A. 1708. DEBATES. 141
* voy ofthe Experiment man of war, hath beep fully
* made out and proved to the fatisfadlion of this
* houfe.
* Thefe matters we think ourfclves bound in duty
* to lay before your Majefty, as being of the higheft
' confequence to the trade of your Majefty 's fub-
' je6ts, whereupon the wealth and flourifhing eftate
* of the kingdom doth fo manifeftly depend.
' We do alfo think ourfelves obliged to inform
* your Majefty, that in the examination of thefe
* complaints, we find divers corrupt and unjuftifi-
^ able practices of the like kind (tho' not attended
* with altogether fuch aggravating circumftances)
' have been too frequent in your Majefty's fleet :
' And we are humbly of opinion, that nothing
* can be of more pernicious confequence, than the
* fuffering fuch abufes to proceed with impunity :
* And therefore we befeech your Majefty to bs
* pleafed to give fach effedlual orders and directions,
* as ftiall for the future prevent the like corrupt do-
' ings, to theoppreflion ofthe merchants, who at this
* time lie under many heavy difcouragements. And
* we do humbly hope, your Majefty will be pleafed
* to declare in fuch a manner as may be moft pub-
* lick and effedual, to all commanders of fquadrons,
' and Captains of ftiips of war, that their care and
' diligence in attending, protecting, and fecuring
* the trade of your Majefty's fubjeCls, when any
* charge of that nature fhall be committed to them,
* or when they ftiall have any opportunity of doing
* it, ftiall be a fure, particular, and principal re-
* commendation of them to your Majefty's favour,
' in any of their pretenfions to promotion in your*
' Majefty's fervice.'
To this addrefs, the Queen was pleafed to make Queen's an-
the following anfwer, viz. ' That her Majefty ^"^^'^
' would take care in the moft effeClual manner, to
* difcourage the abufes and ill practices complained
* of
^42 Parliamentary A. 1708.
« of in that addrefs, and to prevent the like for the
* future ; and the houfe might be afllired, that her
* Majefly would always countenance with her fa-
* vour, liich Commanders and Officers, who fhould
* difcharge their duty by protedling and fecuring
* the trade of the nation.'
Refoiutions The commons on the i6th, upon the report
^^ons\gainft ^^^^ ^^ ^^^ Rtchdrd Oujlow^ from the Committee
Captain of thc wholc houfc, in relation to the flate of the
'^' navy, and trade of the nation, came to the follow-
ing refolutions :
1. ' That the complaint of Mr. JVood and other
< merchants againft Captain Kot^ in relation to
* the Neptune floop and Martha galley, and alfo iri
* relation to three other (loops, which were under
* convoy of the Experiment man of war, hath been
* fully proved and made out.
2. ^ That the trade to the Weft-Indies^ being of
' great advantage and benefit to Great-Britain^ hath,
« by Captain William Kerr*s> exadling exorbitant fums
* of money from the merchants for convoys, v/hilft
*^ he commanded a fquadron of her Majeiiy's fhips
* of war in the Weft-Indies^ being greatly obftrudled
' and prejudiced.
3. ' That the requiring or demanding of money
* for convoys, is illegal, oppreflive to merchants,
* and deft ru dive to trade.
4. ' That an humble addrefs be prefented to her
*- Majefty, laying before her the faid refolutions,
' and humbly defiring that her Majefty will be
*" pleafed, not to employ the faid Captain Kerr in
* her Majefty's fervice for the future.' This addrefs
having been prefented to the Queen, ten days af-
ter, her Majefty declared, 'That floe would comply
with it.
Off
A. 1708. DEBATES. 143
On the 1 8 th, the Lord Coningsly acquainted the
houfe, ' That her Majefty had been pleafed t(^
fend by him her anfwer to their addrefs of the
third of that month, that her Majefty would be
pleafed to order an account to be laid before the
houfe, how it came to pafs that there were no more
Englijh forces in Spain and Portugal^ at the time
of the battle of Almanza^ and that her Majefty
would be pleafed to ufe her utmoft endeavours,
that the war in Spain might be vigoroufiy and
effedlually profecuted \ and he delivered the fame
to Mr. Speaker^ who read it to the houfe, as fol-
loweth.
J N N E R,
Her .Majefty having confidered the addrefs of the
Houfe of Commons y prefented to her the fifth in-
ftant, hath diredled the follawing anfwer to be
returned.
* T N relation to that part which concerns the pro- TheQueen^s
< X fecution of the war in Spain, her Majefty is the'com-
* pleafed to acquaint the houfe, that as the re- mons ad-
* ftoring the Spanijh monarchy to the houfe of Ju- Jhf i^t"'
' fria, and thereby the balance of power in Europe, oiSpaimni
' was the principal inducement of the prefent war, '^'^"^'^ *
' fo her Majefty is fenfible, that on the fuccefs
* thereof, not only the trade and tranquillity, but
< even the fecurity of Great-Britain (fubje6t to the
< Divine Providence) do in a great meafure de-
* pend : And therefore her Majefly can never be
< wanting to continue her utmoft endeavours (as
* her Commons have defired) to profecute with vi-
* gour and effedt a war of fuch a nature and con-
* fequcnce, or to excite her aUies, upon all occa-
« fions, to concur with her Majefty's endeavours in
* that behalf.
' And
1.44 Parliamentary A. 1708.
* And as to the account, how it came to pafs, that
' there were no more Englijh forces in Spain and
« Portugal^ at the time of the battle of Almanza^
* her Majcfty cannot but be very much concerned to
' find that matter has not been fully dated to the
* houfe ; and to the end the fame may be {tt in the
* cleareft light, for the fatisfadlion of herfelf, and
* her fubjects, fhe hath caufed an enquiry to be made
« of the regiments, that were intended to compofe
* the number of twenty-nine thoufand three hun-
* dred and ninety-five men, mentioned in the ad-
* drefs, (in which number, are included officers
* and their fervants, making a full fourth part of
' the whole, according to the eftablifiiment and al-
' lowance always made on the muflers) and how
* many of them were in Spain and Portugal in Ja^
* nuar)\ 1706-7, (when the refolutions were taken
' to make provifion for their pay) and what regi-
* ments have been fent thither fince that time :
* Whereby it may appear, what numbers of men
* could reafonably be cxpe6led to be in Spain or Por-
^ tugal on the fourteenth dayofy^/'n/, 1707, (when
* the faid battle happened) and what diligence hath
' been ufcd towards making up the faid whole num-
* ber, for which provifion was made by Parliament.
* Upon which enquiry it appears,
' That the faid body of twenty- nine thoufand
' three hundred and ninety-five Englijh forces, were
* intended to confift of one regiment of horfe, five
*• regiments of dragoons, and one and thirty of foot ,
* in all, thirty feven regiments.
' That the faid thirty feven regiments were to
> be made up of one regiment of horfe, four re-
' gi ments of dragoons, and nineteen regiments of
' foot, which had ferved in Portugal and Spain^ un-
* der the refpedtive commands of the Earls of Peter-
' borough and Gailoway^2ind would (if compleat) have
' amounted to eighteen thoufand eight hundred
' and fifty two men ; and of Qne regiment of
< dragoons,
A. 1708. DEBATES. 145
< dragoons, and ten regiments of foot, which'
< had been fent^the year before to Portugal^ under
< the command of the Earl Rivers^ and if they
« had arrived compleat in Spain^ would have
« amounted to eight thoufand eight hundred and
« thirty-three men; and of two regiments, ma- '
* king together one thoufand feven hundred and
< ten men, wliich were defigned to be new raifed
* in England ; fo that in cafe all thefe thirty-feven
« regiments could have been compleated, they
* would have made up the faid whole number of
* twenty nine thoufand three hundred and ninety-
* five Englifto forces, including Officers and their
* fervants.
' Her Majefty is farther informed by the Lord
* 'Tyrawly^ who was Lieutenant-General, and Colonel
* Wade^ who was Adjutant-General, that as to the
* faid regiments which had ferved in Spain under
* the Earl of Peterborough^ and thofe which had fer-
* ved in Portugal and Spain under the Earl o^Galway,
* the Officers and their fervants, with the private
* foldiers, which remained in thofe regiments at the
' time of the faid provifion made by Parliament,
' did amount in the whole to twelve thoufand and
^ feventeen, befides one thoufand feven hundred
' and ninety prifoners, which belonged to thofe
* regiments, in all thirteen thoufand eight hundred
^ and feven men, or thereabouts, and no more ; al-
* though in the years 1704, 1705, and 1706, fe-
' veral recruits, amounting to three thoufand four
* hundred and ninety men, had been fent into Spain
* and Portugal by draughts made out of the ftand-
* ing regiments of England and Ireland^ as a par-
* ticular favour to the fervice in Spain^ and never
* pradlifed in any other cafe, but once to the Weft-
* Indies.
' That as to the faid regiment of dragoons, and
* ten regiments of foot, which were fent in the
* year 1 706, under Earl Rivers into Portugal^ and
Vol. V. L ' confequently
\
1^6 Parliamentary A. 1708.
* confequently were near at hand to be tranfport-
« ed to Spain for immediate fervice, the faid Earl
* Rivers received her Majelly 's commands fo timely,
' that he arrived with them in the kingdom of Va-
' lencia about the latter end of January^ 1706-7.
' And although thofe regiments, when they failed
« from Torbay^ for Portugal^ were by draughts com-
* pleated to the number of eight thoufand two
' hundred and ninety feven men, including Offi-
' cers and fervants; and if that number had arri-
' ved in Spain^ would have made up about twen-
* ty two thoufand one hundred and four Englijh
* troops ; yet foon after the arrival of the faid
* forces with Earl Rivers in Valencia^ they were
* found to be reduced, by death or other wife, to
* about four thoufand five hundred men, inclu-
' ding Officers and their fervants ; and therefore it
* was thought convenient, at the beginning of the
' year 1707, to take the common foldlers which re-
* mained in fix regiments of foot, then in Valencia
* and Catalonia^ and diflribute them towards filling
' up feveral of the reft of the regiments then there,
' and to fend the Officers of the faid fix regiments,
' with the Officers of the Earl of Barrymore^s late
'' regiment of foot (which had the year before been
' converted into one of dragoons by the Earl of
^ Feter borough) into England^ to raife their regiments
* entirely of new men ; which Officers arrived in
' England about Alay and June^ ^7^7 •> ^"^ ^^^^
* after had their recruiting orders, and have ever
* fince been employed in that fervice, except thofe
* of the regiment of Barrymore^ which fome time
* fince embarked for Portugal-, fo that it was impof-
' fible that the new-raifed foldlers of thofe fe\en re-
* giments could be in Spain or Portugal^ at the time
* of the faid battle.
* That upon duly weighing the premi fes, it doth
' not appear to her Majelly, how there could reafon-
' ably be expeded oiEnglijk forces in Spain or Por-
* tugal
A. 1708. DEBATES. 147
' tugal^ at the time of the battle o^ Almanza (which
' happened fo foon after the provifion made by Par-
* liament) any more effedtive men than could be
* fupplied by the faid thirteen thoufand eight hun-
< dred and feven men, including Officers, fervants
* and prifoners, before commanded by the Earls of
* Peterborough and Galway refpedively, and by the
' faid numbers of about four thoufand five hun-
' dred men (including Officers and fervants) which
' remained of the forces that went under Earl Rivers y
' as aforefaid.
* That as to the two new regiments which were
^ intended to be raifed, and to make one thoufand
' feven hundred and ten men, part of the faid
^ twenty-nine thoufand three hundred and nine-
' ty-five Englijh forces, it was found to be for
' the advantage of the publick, in refpedl of the ^
' apparent difficulties of raifing them (in concur-
^ rence with the men of the faid feven regiments)
^ to apply the money given for the fiid two regi-
' ments to other ufes of the war, according to the
' liberty given by authority of Parliament in that
' behalf.
' That when the making of recruits Sfrew extream-
^ ly difficult, if not impracticable, and the making
' draughts from {landing regiments, had been found
' ruinous to the fervice, her Majefly caufed four
' regiments which were on the Irip eftabliihment:
^ to be compleated, and the levy- money for com-
^ pleating the fame, and the growing charge of
' their pay, to be placed on the favings of the non-
effedives of the Sparajh eflablifhment •, which
' four regiments, as a reinforcement, embarked ia
' April ijoy^ and arrived in Portugal m June fol-
' lowing, and ought to be reckoned as fo many re-
^ cruits towards making up the faid number of twen-
^ ty-nine thoufand three hundred and ninet)^-iive
* Englijh forces.
L 2 '- That;
148 Parliamentary A. 1708.
* That fince the arrival of the faid four regi-
' ments in Portugal^ three other regiments have
*• been prepared, to wit, that of Barrymore on the
' Spanijh eftabliihment, that of Pafton taken from
' the eftablifliment of the guards in England^ and
* that of PFynn taken from the eftablifliment of the
' forces in Ireland ; which have been embarked for
* fome time for Portugal^ as another reinforcement
' for the fervice of the faid war.
* That as foon as her Majefty had the news of
* the battle of Almanza^ Ihe apphed herfelf imme-
' diately to obtain fuch foreign troops as were near-
* eft at hand to fupply that lofs, and hath agreed for
* y 000 Palatines^ ^000 Germans^ ^nd 1200 halians^
*■ the greateft part of which have been embarked ever
* fmce November laft for Catalonia^ and the reft are
' ready for embarkation as foon as there is an op-
' portunity. Befides which, her Majefty hath made
' application to the Emperor for 6000 Germans
' more, with an offer to pay all or fuch part of them
' as his Imperial Majefty can fpare for that fervice.
* And upon the whole matter, refle6i:ing impar-
* tially upon the fituation of this neceffary war in
* Spain and Portugal^ and upon the difficulties where-
* with, for the time paft, the men have been fup-
* plied from England and Ireland -, and confidering
* the lofles and accidents which have attended the
* fervice in parts fo remote, and the provifion made
* for foreign forces for the future, her Majefty aflures
* herfelf, it will be very evident that no care has
* been wanting to fupport the war in Spain and Por-
' tugal in the moft effedual manner.'
On the 19th, the Commons ordered, that the ad-
drefles of the houfe to her Majefty of the iSth of
December, and 1 2th oVJanuary laft, about the forces
maintained by the Kings of Spain and Portugal^ be
renewed to her Majefty : Two days after the houfe
agreed v/ith the grand Committee, upon feveral re-
\ folutions
A. 1708. DEBATES. 149
folutions relating to the raifing of the fupply, and
ordered a bill to be brought in accordingly. On the
23d, the Lord Coningshy acquainted the houfe, that
their addrefles to her Majefty of the i8th of Decem-
ber^ and 1 2th o^ January ^ having been renewed, ac-
cording to their order, her Majefty had been pleafed
to give the anfwer following, viz.
THAT in relation to that part of the addrefs ^J^^'';;''
which concerns the forces of the King of relation to
Spain ^ her Majefty has ordered to be laid before JJ;^5[°°p'^^[!
the houfe a lift of the troops provided by the King spam and
o^Spain^hv the fervice of the yean 707. And in re- P"'^''^''^-
lation to the troops of Portugal^ her Majefty has,
ever fmce the treaty with that crown, given di-
redions to her Minifters there, to ufe all poftible
means that his faid Majefty ftiould furnilli the
whole number of men agreed for by the faid treaty,
and her Majefty hopes that thofe inftances have,
in a great meafure, had their defired effed.
' At the fame time her Majefty obferves. That
the methods of difcipline there, make it impoflible
to know the number of thofe troops with the fame
exadnefs as is pradifed in other parts •, and con-
fidering with what chearfulnefs and fuccefs they
marched through Spain to Madrid, and the loffes
they fuftained, and being very well aflured, that
the King Portugal has lately raifed, and is ftill
raifing a confiderable number of forces, her Ma-
jefty has not thought it advifeable to make too nice
an enquiry into the ftate of thofe troops, efpecially
fince llie is very fenfible how diligent the enemy
is in making continual application, to break an
alliance of fo great importance to the com mon caufe.
This done, the Lord Coningshy prefented to the
houfe the lift of the troops (in her Majefty's anfwer
mentioned) provided by the King oiSpain^ for the
fervice of the year 1707.
L 2 The /
150 Parliamentary A. 1708.
The next day, the Commons took into confide-
ration her Majeily's anfwer to their addrefs of the
5th, and the flate of the war with Spain,
Addrefs of And a motion being made, and the queflion put,
te^(f"o the" ^^^^ ^^•^^ deficiency of the EngliJJo troops in Spain
Queen, for and Povtugal^ at the time of the battle of Almanza^
theX'irf ^^^ ^^^^' chiefly occafioned by the want of timely
^is^a.n. and efFcdual recruits being fent thither : It pafled
in the negative. And, on the contrary, it was refol-
yed, that an addrefs fhould be prefented to her Ma-
jefty, returning the thanks of this houfe to her Ma-
jefty, for the taking meafures to reftore the affairs
of Spain^ and for providing foreign troops for that
fervice -, and that the laid addrefs fhould be prefent-
ed to her Majefty by the whole houfe.
The Commons having attended the Queen with
the before- mentioned addrefs, her Majefly was
Qu^een's pleafcd to give anfwer, ' That flie had always looked
* upon the war of Spain to be of fo great impor-
* tance to us, that flie would never fail of continu-
* ing her utmofl application to fupport it in the
* moil effedual manner : That the fatisfadtion they
* had expreffid in their addrefs, for her endea-
* vours in that matter, was extremely acceptable
•" to her.'
The houfe of Peers having received feveral com-
plaints concerning the mifmanagement of the afi^airs
of the navy, fpent much time in making a narrow
infpedion into them, and on the firfl of this month
the Lords prefented a loyal addrefs to the Queen
concerning the flate of the navy, and trade of the
nation, which however, by reafon of the many very
ufeful particulars contained therein, ought by no
means to be omitted here.
Lis
A lAver
A. 1708. DEBATES. 151
Die MercunI, 2^ Februarii, 1707.
< T T 7 E your Majefly's moil dutiful and obedient Addrefs of
* W fubjeds, the Lords fpiritual and temporal about'tht
< in Parliament aflembled, do humbly acquaint your mifmanage-
* Majefly, that early in this feflion of Parliament, na'^y/
* a petition of feveral merchants, on behalf of them-
*' felves and others, traders of the city of London^
* was prefented to the houfe, whereby they complain-
^ ed of great lofTes by the ill-timing of convoys, and
* for want of cruizers ; fo that they duril no longer
' engage the remainder of their eftates to carry on
* their feveral trades, unlefs immediate care was
* taken to remedy thefe two main caufes of their
* misfortunes.
' This petition containing complaints of great con-
< fequence to your Majefty's fubjeds ; and we being
* fenfible, that nothing but a ftrid and impartial en-
* quiry into matters of fad, could put them in a
* due light, and enable us to diftinguifh between
' ill- grounded clamours, and a juft caufe of com-
* plaint, in order to take the ufual method of being
* rightly and fully informed, did refer the petition
' to a Committee, and did alfo refer to the feme
' Committee feveral papers, which the houfe had
* found necelTary to call for from the proper offices,
* for their better information in divers things rela-
' ting to the navy.
' The Committee having prepared a report, and
* prefented it to the houfe, upon a mature confide-
* ration, it was approved and agreed to -, and we
* think it our duty humbly to lay the fame before
* your Majefty.
' The Lords Committees have heard many of the
* petitioners upon their oaths, and have caufed them to
* put their depofitions into writing, andfign the fame.*
The Lords Committees obferving, that the com-
f laints of the petitioners naturally fell under feveral
L 4 heads;
152 Parliamentary A. 1708.
heads *, for the greater eafe of the houfe, have en-
deavoured in their report to reduce the evidence to
the following method, always referring, as they pro-
ceed, to the depofitions thtmfelves.
One thing complained of, was, The InfufficieHcy
of ccnvoys appointed for the merchants, whereby
their fhips had from time to time become a prey to
the fuperior force of the enemy.
A fecond point was. The merchants fufFered great
difcouragement by their being forced to wait long for
convoys, even after the time promifed and prefixed
for their failing, whereby the charge of feamens
wages and vid:uals, demurrage of fhipping, d^-
mage of goods, and lofs of markets, made trading
infupportable.
A third ground of complaint, was, The untime-
ly and unfeafonable failing of convoys, whereby
trade (to the Weft-Indies efpecially) was in a manner
ruined,
A fourth was. The great want of cruifers in the
Channel and Soundings,
A hfth complaint was. Concerning the arbitrary
proceedings of the Captains of the Queen's fhips c
war, in imprefTing feamen out of the merchant-
fhips in the Weft- Indies \^2lC :lfo upon their r rn
into the ports of Great- Britain, to the endangci.^ig
of many, and lofs of feveral fhips.
In order to make out the f rll head of their com-
plaint, relating to the infuliciency of convoys, they
gave the following; i^^arices :
Firft^ In June^ 1706, a fleet of merchant-fhips,
under convoy of the Gofport man of war, bound for
the
A. 1708, DEBATES. 153
^he JVefi- Indies, were attacked in the Soundings, and
^he Gojporl, and eight or nine of the merchant*
lliips were taken.
Secondly, The Lisbon fleet, under convoy of the
Swiftfure and Warjpight, were attacked in March,
1706-7, and about fourteen merchant- fhips taken in
the Soundings,
^ nirdly. The Newfoundland fleet, under convoy
of the Faiilkland, and Medwayh prize, were attacked
in April, and fome of them taken.
Fourthly, The coafl:ing convoy was attacked in
April ofl" the land's end.
Fifthly, The convoy from the Downs, confifliing
of the Hampton-court, the Royal-Oak, and the Graf-
ton, failed the firfl: of May lafl:, and the next day
were attacked in the Channel, and the Hampton- court
and the Grafton, and about twenty merchant-fliips
were taken by the Dunkirk fquadron.
A Sixth infliance was. That of the Rujfta fliips
outward bound this year, which were attacked by
the Dunkirk fquadron, and fixteen of them taken.
And farther, in refped to the Rujfia fleet, Mr.
Dawfon informed their Lordfliips, that on the 29th
of April, the Governor and a Commitee of the Muf-
covia company, attended the Prince's Council to
know what convoy was appointed to conduct their
fhips to Archangel : They were told, their convoy
fliould be one fourth, and two fifth rate fliips. Upon
their reprefenting their fears of danger from the
Dunkirk fquadron, it was told them from the board,
they need not be under any apprehenflon on that
fcore ; for the Dunkirk fquadron was gone JVeJiward^
which proved true 3 for the J7^«r/^'^j following, the
Hampton-
^54 Parliamentary A. 1708.
Hampton-court^ Grafton and Royal-Oak failed out of
the Bowns^ with the {hips under their convoy, and
the next day, being the 2d of May, fell in with the
Dunkirk fquadron.
To fhew the lofTesand difappointments that have
lately happened to the fleets of the Mufcov'ia compa-
ny, Mr. Dawfon acquainted their Lordfhips with
the fubftance of a petition lately prefented by the
Mufcovia company to the Prince's Council -, and
upon his oath informed their Lordfhips of many
facls, in order to make good what was contained in
that petition : But thofe facts being not particularly
fet down in his depofition delivered to their Lord-
iliips, and figned by him, no notice is taken of them
in this report.
The Merchants alfo defired, that notice might
be taken of the Gazette of the 8th of May lail.
Seventhly, The merchants inflanced in the convoy
which went with the K'ln^oi Portugal^?, horfes, and
many other merchants fliips, which was attacked the
loth oiO^^ober laft, by xht Dunkirk and Breji fqua-
drons joined together, who burnt one of our men
©f war, and took three others, with about 30 of
our merchant- fhips.
To fliew this, the merchants produced the Ga*
'zetteof the 3d o^ November, 1707.
Thefe feveral convoys having been thus attacked
in the Soundings and Channel in lefs than a year and
a half, the merchants infifted was a convincing
proof of their infufhciency.
The fecond head of complaint was, of the great
difcouragement and prejudice to trade, by the mer-
chants being under a necefTity of waiting fo long for
convoys, whereby their charges was exceedingly
increafed, great damages happened to their car-
goes, and their markets were loft.
They
A. 1708. DEBATES. 155
They faid, if any of their lliips happened to efcape
the enemy in their return home, their lofles were
much heightened by their long lying for a convoy
to the river ; which though very much and long
complained of, yet feldom met with any redrefs.
One in fiance of the damages arifmg by the de-
lay of convoys, was, That feveral of our merchants
had orders in July^ 1 704, for buying great quan-
tities of corn for the King of 'Portugal''^ ufe, and
had affignments on the treafury here for 100000
pieces of eight: Accordingly a great quantity of
corn was bought in July and Auguft^ and frequent
applications made to the Prince's council for con-
voy, and they promifedfrom time to time to take
care of it •, but the convoy did not fail from Fortf-
mouth till the 6th of February following, near feven
months after they had orders : And by this delay
their corn was in a very bad condition.
The merchants had an order from the King of
Fortugal to the fame purpofe the year following, but
then they had worfe fuccefs in getting their corn
convoyed to Fortugal: And by thefe difappoint-
ments, the Fortugal court was difcouraged in fend-
ing orders for more corn from hence, not only by
reafon of the great difappointment as to time, but
by the fpoiling of the corn, whereby our corn was
brought under great difrepute ; and they now fup-
ply themfelves from Holland^ and thereby the Dutch
not only reap the advantage thereof, but as the corn
comes chiefly to them from the Baltick feas, it is a
great advantage to their trade and navigation.
The 25th of March ^ ^7^7 -> ^ ^^^^ failed for
Fortugal^ but there was then a profpedt given, that
there fhould foon go another convoy. This en-
couraged the (hipping of great quantities of corn, and
woollen manufactures ; and the heat of the weather
coming on, prelTing applications were made for that
convoy, but without fuccefs.
The
V^6 Parliamentary A. 1708.
The loth o^ Auguft^ the grand fleet failed from
Portfmotith^ but took no merchant-fhips under their
convoy.
The merchants having continued petitioning, till
about the latter end of September^ then told the
Prince's Council in plain terms. That if they did
not grant a convoy immediately, the goods aboard
their iliips would inevitably perifh in port.
At that time they promiifed the Norfolk and War-
fpight ; the merchants prayed a fmall fhip might
be added to fee their fhips fafe along the coafts of
Portugal^ but that was denied ; and the Prince's
Council told them, the Warfpight had orders to
that purpofe.
The merchants acquainted them, that fo large
a (hip at that feafon, durfl: not venture fo near the
fhoar as was neceflary to protect the trade from
Privateers lying near the fhoar ^ and did alfo re-
prefent the danger to which the main fleet of rsxtx-
ch an t-fliips bound for L/VZ'^;/, would be expofed, if
they proceeded with a Angle man of war; but this
was not regarded : So the merchants were forced to
fubmit, having fome chance for faving their car-
goes, if they proceeded ; whereas they had none,
if they continued longer in port ; for not only their
corn would be fpoiled, but all their woollen manu-
fadures were in danger of decaying by the heating of
their corn, as had been often experienced.
Soon after a report came, that a French fquadron
was cruifing in the Channel^ and an embargo there-
upon was laid on that fleet. The Portugal mer-
chants drew up a remonfl:rance, reprefenting the
great hardfliips they hadfuffered : But it happened at
the fame time, when the remonftrance wasprefented
to the Prince's Council, news came, that fome Dutch
homeward-bound/F^-/W/^fliips,meeting with con-
trary wind in the Channel^ had been taken for French^
and were put into Portsmouth. Upon this, the mer-
chants prefled they might proceed without delay, the
caufe
A. 1708. DEBATES. 157
caufe of the embargo being removed : But the
board feemed difpleafed with their remonftrance, and
told them, the embargo had been laid by the Prince,
and could not be taken off without his dire6lion ;
and that his Highnefs being then at Newmarket ^ it
muft take up time before fuch an order could be
fent ; but if they would Hay a week longer, the
Exeter fliould be added to the convoy, and the Naf^
fau^ if fhe could get up in time ; to which feveral of
the merchants did agree, and were obliged by the
board to fign a paper to that purpofe.
The fleet failed the i8th of October ^ with the
Norfolk^ JVnrfpight^ and Exeter^ but the Najfau did
not join ; which the merchants faid, was only for
want of neceflary orders •, for the fleet was not un-
der fail till three of the clock in the afternoon, and
the Nc^.Jfdu came to Spithead before night.
By reafon of the infufficiency of this convoy, fe-
veral fhips were taken out of the fleet near Port-
land ; and afterwards the fleet meeting with bad
weather in the Bay of Bifcay^ the IVarfpight and
Exeter came back dilabled : Whereas the merchant
fhips (except fome few which had fallen foul upon
each other) proceeded to Lisbon with the Norfolk
only : but feveral more fliips were loft out of the
fleet by the weaknefs of the convoy, and two men
of war, out of three, being difabled, and forced to
return, they thought it reafonable to conclude it
could not be without fome confiderable defects in
the fliips when they went out.
Another inftance infifted upon, was, that a great
number of merchant-fhips having gotten into Portf-
mouth from Jamaica^ Virginia^ New-England^ An-
tegoa^ Lisbon^ and other Parts, m December 1706, as
alfo many coafters ; all thefe were detained there
for want of convoy to the Dozv7ts^ from that time ^
to the 24thofyf/n7 following, being between four
and five months, although frequent applications
Vv^ere made to the Prince's Council, for convoy to
the
158 Parliamentary A. 1708.
the Bowns^ from the mafters there, and the owners
at London^ and many promifes given ; and yet du-
ring that time, many of her Majefty's fhips lay
there in harbour, and feveral men of war pafled by
from Plymouth^ without calling for the merchant-
fhips which lay there.
Sir Thomas Hardy^ with the Eafi^India fhips, and
other lliips, from Ireland^ pafled by without calling
in.
When thefe merchant-fhips came into Portfmouih^
, the Southampton lay ready fitted at Spithead^ and con-
tinued there two months at leafl, and the Anglefea
lay there a confiderable time ready fitted.
During this time, feveral frigats failed from Portf-^
mouthy and cruifed up as far as Dmgenefs^ within fe-
ven leagues of the Downs^ but, for want of orders,
took no fhips with them.
Whilfl thefe fhips lay there for want of convoy,
there were at Spitbead the following men of war,
many of which lay there a confiderable time :
The Anglefea^ Ruby^ Referve^
Southampton y Fever Jham^ 'Dover ^
Swiftfure^ Auguft^ Ramellies^
JVarfpigbt, Najfau, and the Sun- Prize.
Severn^ Albemarle^ Two fifth rates.
Portland^
Some of thefe (it was hoped, during the weflerly
winds, which were very frequent) might have been
ordered to have feen thefe fhips, being about fifty
or fixty fail, to the Downs ^ which was within about
fixteen hours fail.
All this while the merchants lay at great charges,
befides the damage to their cargoes, and the
lofs of many of their voyages for the following
feafon.
About
A. 1708. DEBATES. 159
About the loth o^ February^ the RuByz.nd Fever-
Jhaniy appointed as a convoy for them, gave failing
orders, but were again countermanded, and the
Ruby went into the dock to clean.
Afterwards, upon further importunity, the Auguft
was ordered to join the Ruby and Feverjham -, but
inftead of going for the Downs ^ they went firft to
fetch the coallers from Top/ham, and then came to
call for the fhips at Portfmouth.
About the beginning 01 05fober^ 1706, Mr. Co-
ward and Mr. Jones let feveral {hips to freight to
the Commiflioners of the Vidtualling- Office, for the
Queen's fervice directly to Jamaica : being told, the
convoy waited for them, they were bound by char-
ter-party to be at the Nore the 1 5th of November
following, on penalty of lofing ^vt fhillings per
ton freight.
Their fhips were ready, and the wind was fair,
but they were detained for the convoy, and carried
from place to place, from the Downs to Portfmouth^
thence to Plymouth^ thence to Ireland^ then to Bar-
badoes and Antegoa^ flaying at each place, fo that
they arrived not at Jamaica till the third of June
laft, to the ruin of their voyage, and their lliips, of
which they juft then had an account, that they are
lately come back to Ireland.
Mr. Coward^ the nth of February laft, let to
freight to the Commiflioners of victualling; in the
Queen's fervice for Lisbon., the Walthamftow-Galley .,
(and as he was bound by charter-party, under the
fame penalty) was ready by the firft of March laft,
but was detained till the end of Auguft^ before he
failed from England.
Captain Kerr appointed all the fhips at Jamaica
to be ready to fail the firft of ^/^///? laft, but then
he made them wait till the 26th ox Auguft., and after,
with his convoy, left them all when at fea.
Mr. Palmer in 1705, had a part in a frigate cal-
led the Ruby^ laden v/ith corn and bale-goods for
Lisbon^
i6o Parliamentary A. 170S.
Lisbon ; and in company with many others, was
convoyed from the Dozvns to Portfmouth, by the
Litchfield prize ; but for want of orders, fhe could
not lee them at Plymouth^ about twelve hours fail
farther, where they might have joined Sir Cloudejley
Shovelh fleet, bound for Portugal. Upon this, the
merchants fent many petitions to the Prince's Coun-
cil, which together with the anfwers, (being dired:
refufals) were infer ted in his depofition. Mr. Pal-
mer^ in perfon, afterwards, in the name of the fe-
veral merchants, attended the Prince's Council, and
reprefented. That without fpeedy relief, all the
corn aboard the fliips would be fpoiled ; but the
anfwer was, That no convoy could be granted ;
and at lail, by a violent ftorm the loth of Augufi^
about twenty fail of thefe were caft away, and a-
mongfl: them the Ruhy^ worth, at leaft, fevcn thou-
fand pounds.
For a farther evidence, the merchants produced
to their Lordfhips the Gazette of the ift o^ May
1707, and fhewed the paragraph from Ofiend, in
which are thefe words :
A fleet of mer chant -{hip s^ which lay five months in
the Downs, covfifting of fifty -five fail^ arrived at
Offend this evenings to the great advantage and fatif -
faliion of this place.
This the merchants obferved was a great delay
for fo fhorta pallage, and muil extremely prejudice
the Flanders trade, which the Parliament thought
fit to encourage, by pafling an a6t the laft fefTion
for repealing the prohibition of importing lace.
A third ground of the merchants complaint was.
That by the untimely and unfeafonable proceeding
of convoys, efpeciaily to the Weft- Indies ^ they v/ere
very great fuiterers upon many accounts.
By arriving there at an improper time, in the
hot, fultry, and rainy feafpns, a great mortality
is
A. 1708. DEBATES. 161
is occafioned among the Teamen, which proves a
lofs of their voyages, for want of hands to bring
home their fhips, or puc^ them to vaft charges to
purchafe men there.
The fame caufe obliges the traders to the Weft-
Indies to return in the winter time, when they
commonly meet with ftormy and foggy weather,
which is often the occafion of their feparation from
their convoy •, who being well manned, and crowd-
ing all the fail they can, out-fail the merchant-fhips,
being (for the reafons aforefaidj generally weak-
ly manned, and fo are left in diftrefs to the mercy
of the enemy, or the feas, for want of a little con-
dud: in the convoys in fhortning fails, and taking
care of them.
An inftance of this was alledged in the fleet now
miffing from Jamaica^ which came under convoy of
Captain Kerr^ with three men of war, the Breda ^
the Sunderland^ and the Experimenl, and a fird-lhip ;
one of which, the Sunderland, came alone to Port/"
mouthy the Breda, and the fire-lliip, to Plymouth^
and the Experiment afterwards to Spithead, but not
one merchant- man, except a imall Ihip to Briftol,
The merchants obferved. That if the convoy
had fired guns at tacking in the night, or ufed any
other reafonable care, they could hardly have loft
a whole fleet of above 20 fail.
They obferved alfo. That the convoy were all
come to Port [mouth or Plymouth, and yet Mr. Kerr
himfelf had wrote from Piymoutby That in cafe of
reparation, the rendezvous was to have been in
Ireland.
The Jamaica merchants complain. That they had
long lain under great difcouragements.
That about Oofober 1705, they applied themfelves
to the Prince's Council, complaining of the many
lofles in their fleet the preceding year, which had
to a great degree difabled them from fending ano-
ther that year : But that however depending upon
, Vol. V. M UiQ
i62 Parliamentary A. 1708.
the then repeated affurances, that they ihould have a
fufficient convoy to depart earJy, and more parti-
cularly, upon an order lent from that board to the
Jamaica CofFee-houfe, That the Merchants Ihould
get their Ihips ready to depart by the 20th of Ja-
nuar^^ at fartheft ; they had prevailed with fundry
perfons to let their fhips go to Jamaica, Accord-
ingly, fhips were fitted out with great expedition,
and men hired at extravagant wages. But after all
thofe fair promifes, their fhips thus fitted lay almoft
two months beyond the time prefixed, for want of
a convoy.
The 2iflof March, the merchants fas men in
defpair) reciting the former affurances given them,
petitioned his Royal Highnefs, that their fhips
might depart with the firfl fquadron bound out of
the channel ; adding, That if that fleet fhould mif-
carry by their late going out, and return, they de-
fponded of getting fhips to carry on the trade the
fucceeding year.
Howbeit, that fleet was detained till the begin-
ning of May J and the ill fuccefs too well anfwered
the merchants apprehenfions ; for the greatefl part
of the fleet, being feparated from their convoy in
their return, were loft.
That by thefe and many other hardfhips, the
Jamaica trade is brought to fo low a ftate, that
whereas at the beginning of the war, their fleets
home, have confifted of 30 or 40 fail, when they
were lately informed by the Prince's Council, that
a fufHcient convoy fliould be ready to depart with
their fleet in a proper time, they were obliged to
acquaint the board, that they had now but two
fhips in loading.
They alfo faid. That, without fome fpeedy re-
medy, they fhould be quite difabled to make any
farther efforts, to carry on the hopeful trade begun
to the Spaniflo Weft-Indies ; upon account whereof
more woollen and other EngUJh manufadlures were
fliipped
A. 1708. DEBATES. 163
(hipped to Jamaica for that trade, than had been In
feveral years before.
In refped to the Virginia trade ; In OBoler 1705,
fome fhips failed for Virginia^ under convoy of the
Woolwich and Advice^ who were ordered to ftay there
till re-inforced from England , and the merchants
were then promifed, that the Greenwich and the
Hazardous fhould fail with the firft fair wind in Ja-
nuary following -, but thofe fhips did not fail till
May 1706. This delay was the caufe they did not
reach Virginia till Auguft ^ at which time the greateft
part of their fleet had been 16 months in their
voyage. By this length of the voyage, their whole
freight, was expended in wages, viduals, and other
incident charges.
Secondly^ The (hips lying there almoft two whole
Summers, feveral of their bottoms were perifhed by
the worm, which in thofe parts, always eat in the
Summer months.
Thirdly^ To compleat their misfortune, they were
forced to make a Winter paflage home, and by the
badnefs of the weather, &c. 16 or more fhips were
funk or foundred in the fea, and about 8000 hogf-
heads of tobacco loft, other fhips with above 2000
hogfheads of tobacco more, were taken and carried
into France ; and divers Ihips were forced back to
America^ and fmce returning without convoy, are
loft, and not heard of.
The particulars of thefe loflfes are annext to the
depofitions given in by the merchants, and thereby
it is alledged. That the publick revenue has fut-
fered above one hundred and fifty thoufand pounds,
befides the very great lofs to the particular perfons
concerned.
It having been the laft Winter reprefented by the
CommifTioners for trade. That it was neceffary a
M 2 convoy
164 Parliamentary A. i7o"8.
convoy fhould go to Virginia in the Spring, to fetch
the fhips which fhould be there, and that they
fhould (lay there 20 days after their arrival, to col-
Jed them the better together ; a great body of Ihips
which had taken ftores, i^c, for Lijbon^ upon her
Majefty's account, were thereby encouraged to go
from thence to Virginia^ and many other fhips went
from London diredly. But mod of thefe remained in
Virginia in September laft, expeding this conyoy,
and will now be obliged to come home without con-
voy in the Winter feafon : For tho* the laft Spring
her Majefty in Council ordered a convoy to be ready
in Auguft^ to go for Virginia^ yet they ftill remain at
Port [mouth. By this the Virginia fhips will be forced
to lie all Summer in Virginia^ and come hofne again
in the Winter, and thereby not only the merchants
lofTes and damages will be very great, and the re-
venue fuffer much, but there is aboard this fleet, far
greater quantities of the woollen manufadure, for
the Winter cloathing of that country, than has been
ufually fent to thofe parts, which now cannot arrive
till the Winter be over, and the market paft ; and
necefTity will juftify thofe people for undertaking
our manufadlures, which many of them have al-
ready fallen into : The ill confequences of which
the merchants fubmitted to the confideration of their
Lordfhips.
They alfo faid. That for fome years paft there
had been no frigate appointed to fake care of the
Virginia coaft, for want of which, many fliips had
been taken, going in, and coming out, by the
French privateers.
Thefe merchants prayed their Lordfhips to ufe
fome means, That the coafts of Virginia may be
guarded, proper convoys appointed, and the mer-
chants have due notice thereof, and that then they
might neither be delayed nor diverted, and that the
Aditiral's protedion might ftand good, till the
fhips
A. 1708. DEBATES. 165
Ihips were arrived in the proper ports of dif-
charge.
A fourth head of the merchants complaint was,
the great want of cruifers in the Channel and Sound-
ings.
Mr. John JVood informed their Lordfhips, That
in the fpace of 16 months laft paft, he had been
concerned as owner and freighter of feveral (hips
that loaded corn in the port of Shoreham in Sujjex
for Holland and Lijhon,
The Union frigate was ready to fail for Portfmoutb
mOuiober 1706, but the coaft was fo infefted by
privateers, that flie could not, without apparent dan-
ger, proceed to Port/mouthy though only 8 or 10
leagues diftant : Thereupon he and other owners
in like circumftances, made frequent application to
the Prince's Council, for a man of war to convoy
thofe fhips, but they from time to time delayed to
order any fhip to call at Shoreham. He faid that up-
on one application the Prince's Council told them.
That they had only fome third rate men of war,
too large to lie on that coall, except a frigate of a-
bout 26 guns, which Admiral Mitchell faid they
might have, but Admiral C^z^rc^i// faid, iffhewas
fent, fhe would certainly be taken. At laft Mr. ^ood
defpairing of aftiftance, after having waited 6 months
(the (hip lying at great charges, and having on
board a perifhing commodity) notwithftanding the
apparent hazard, diredted the (hip fhould fail for
Port/mouthy but they were foon chafed by three pri-
vateers, and thereupon got under the guns of Bright -
helm/on^ but found little protedlion there, the guns
being not in order, and there being no powder to
charge them : But night coming on, and the wea-
ther bad, and the privateers ftanding off to fea, the
Union frigate, by the favour of the night, weighed
and ftood for the Downs, and by the dawning of the
day was got up with Beachy-head^ but there fell in
M 3 with
i66 Parliamentary A. 1708.
with feveral privateers, who chafed her under the
guns of Hafti?igs, where then lay a tender to a man
of war, with about an 100 impreifed men, which
durft not ftir out either for the Downs or Port/mouthy
for fear of the French privateers, very numerous on
the coaft, and alnioil conftantly cruifing between
Beachy-head and Shoreham^ without interruption
from our men of war.
Some days after a convoy coming from the weft-
ward with fome Ihips, the Union frigate joined them,
and got into the Downs.
The fame Mr. PFood^ in the months of Jpril^
May, and June laft, was concerned in feveral other
fhips, freighted with corn in the fame port of Shore-
ham, for Li/lwn and Holland, but then alfo he did
not dare fuffer his fhips to ftir out, the coaft conti-
nuing ftill infefted with French privateers. There
was alfo at that time in the fame harbour, a veflel
laden with timber for the ufe of the navy, which
was faid to have lain there 12 or 13 months for
want of convoy to Portfmouth. At laft, upon fre-
quent applications to the Prince's Council, a con-
voy was fent, and the fhips went out, but foon
after they had joined, the convoy run away, and
left the fhips, upon a report that the Dunkirk fqua-
dron was upon the coaft, and the fhips were perfu-
ed by privateers, and with great difficulty got to
Portfmouth.
The privateers continuing to infeft the coaft as
much as ever, Mr. IVood refufed to be farther con-
cerned from the port o^ Shoreham, and has not heard
of any corn exported fince that time from that har-
bour, which is a great impoverifhment to the coun-
try thereabouts, the price of corn there being 20 or
25 per Cent, cheaper than at other places which lie
nearer Portfmouth.
Mr. Thomas Palmer depofed. That within three
years he has loft to the enemy in the Channel and
Soundings^ a large part in three running galleys,
outward
A. 1708. DEBATES. 167
outward bound to the Streights, and in fix weeks
time, has loft as much coming home, as would have
paid her Majefty fome thoufand pounds cuftom.
The Pilgrim galley, laden with fifh, was taken
in the Soundings, by three large privateers.
The Providence galley, laden with our manufac-
tory, and fome fifh, lead, and tin, bound to the
Streights, worth near ten thoufand pounds, was
taken o'S o'i Dungenefs fome few hours fail from the
Downs, by three or four large Bunkirkers.
The Mead galley and Fl^ galley, going out in
March laft, in company of the London galley, they
were chafed 0^ 0^ Beachy-head by three privateers,
who took the two firft, the London narrowly efcap-
ing, as he was informed from Plymouth by the mafter,
who informed him in the fame letter, that a neutral
fhip put in there, had been boarded above a dozen
times in one day by French privateers.
The 13th of the fame March, feveral merchants
made a remonftrance of their lolTes to the Prince's
Council, who told them. They were not to exped
convoy for their running galleys: They replied,
they did not, but defired cruifers might be appoint-
ed for the Channel and Soundings, the running gal-
leys being now the veffels which chiefly carried on
trade -, and that if fome better care were not taken,
even the men of war would be in danger in the
Channel Their merchants were directed to leave
their remonftrance, that it might be looked into at
a full board, but it had no effedl : The fame veffel,
the London, going out in company of the Hand^ide
and Fleet galley, the London was taken, and the Han^
difide blown up in a fight off of the Lizard, and the
Fleet galley only efcaped.
The Antelope galley, laden with lead, tar, and
ftock-fifli for the Streights, was chafed off of Beachy-
head, by the Lyme and Gofport men of war, under
Dutch colours s the mafter taking them to be ene-
M 4 niies.
i68 Parliamentary A. 1708.
mies, made the beft of his way for Haftmgs \ then
the men of war hoifted EngU/Jj colours, but the
mafter not trading to colours, unfortunately ran the
galley afhore : This accident coft above 100/. to
get her into R-je^ and above twice as much fince,
upon the account of lofs of time, fhe being detained
there by the fwarms of privateers, as appears by fe-
veral of the mafter's letters of the dates following.
The i^i\\o^05loher^ there were two privateers
and a fnow off that harbour.
The 17th, two privateers off that harbour.
The 22d, two fhips of 30 guns within 3 miles of
the harbour.
The 24th, four French men of war at anchor
within fight of the town.
The 28th, a fleet paflTed by, with which the ma-
fter would have joined, but could not, becaufe there
lay three French privateers between them and him,
and itvtn more in fight.
The 30th, a Butch dogger was chafed in there
by feven privateers.
The 5th 0^ November^ a floop came into that har-
bour, v/hich had been taken and ranfomed coming
from Lijbcn^ and afterwards boarded and plundered
by feveral French privateers in the Channel. The
mafter of the floop gave an account that three pri-
vateers were lying off of the ifle of fVight, three
off of Beachy, and five or fix others off of Rye,
The 8th o^ November^ fix fail o{ French fhips, and
a floop lay in fight o^ Rye, and the floop was come
within a mile of the harbour, right in the Channel
The 15th, a gentleman that rode along the coafl
faw Fourbin^'s fquadron, and feveral privateers crui-
fing o^ c^ Beachy.
The lych, another mafter faw eight fail o( French
fhips off the Downs, who were fending their fcou^s
very frequently to obferve what was a doing.
The
A. 1708. DEBATES. 169
The merchants defired to fubmit it to the confide-
ration of the houfe, if there be a probability of car-
rying on trade under fuch difficult circumftances.
Captain Winter came in the King William galley
the 14th q{ March laft from Gihr alter ^ in company
of the Pd-^r/, the Hanover^ and the* Lo^i«g/^« gal lies,
and at the Streights mouth they joined the Sea-Horfe
and the Sunderland.
The 31ft of March^ they were purfued by four
fail, but efcaped them by tacking in the night.
Upon the 9th of Aprils they had fight of Beachy-
Head, and foon after five fail of privateers, lying
under the land, bore down upon them, who all made
the belt of their way j but the Ladington and the Sun-
derland were taken, and the Hanover and King William
were purfued within two leagues of Dover Caftlcy
and the privateers would have followed them into
the road, had they not feen a great fhip a- head of
them, {landing in for that place. And though the
enemies cruife in fuch great numbers, that it is very
hard for any Englijh fhips bound homewards to
efcape, yet Captain Winter faid, he did not fee one
Englijh cruifer throughout his whole voyage.
Mr William Wood in order to fatisfy their Lord-
Ihips that few or no cruifers had been employed,
gave an account of many fhips taken and attacked
at fundry times, fome within a few hours fail of the
river Thames^ viz.
Off Beachy or Dungenefs in December, iyo6,
pZiff^'^' "/taken incomAf^'''.^g^"^y'?efcap.
Mary galley, f pany of the i l:^^".' , fed.
£.»/galley;j ^ iGreyhound, J
Off
Xjo Parliamentary A. 1708.
Off Plymouth in December or January,
Volant, •) ^a- r 1
Hurdis, I , , Wean J
George] >taken together.^ and Sefcap'd.
O^ Dungenefs in January,
Trumhall g3,\kYy taken with 15000 pieces of eight
on board.
Off Bungenefs in March,
Mead galley, I . 1 5 The London at that time
f'/^ galley, J ^^^^"- 1 efcaped.
Off Beachy-Head in March,
Neptune,
Ann galley
Eagky
!r Neptune, "1
(_ Hooker, J
efcaped.
In ^^rf/ 1707.
irSea-Horfe, "1
taken in com- jP^^r/ galley, / efcap-
pany of the j Hanover^ C ed.
!'
In the year 1704, few or no fhips arrived fafe
for want of proper cruifers. The Jamaica traders
loft 14 fhips in the Soundings and Channel.
Sir George Byng and Admiral Jennings in January,
1704-5, were at fea cruifing till O^oher following,
during which time the Englifh Ihips were proteded,
and 20 fail of the enemies privateers and merchant-
fhips
A. 1708. DEBATES. 171
fhips were ta'ken ; but from that time till O^oher or
JSlovejnber 1706, very few fhips were cruifing.
Then Sir nomas Hardy failed with five men of
war, which all returned in five or fix weeks, and
foon after failed for Ireland, and returned to the
Downs in February or March^ fince which time the
merchants have had no knowledge of any Ihips
cruifing till September 1707.
Mr. IVood told their Lord fhips, that the account
he gave, was the befl he was able to procure of the
number of cruifers employed, and the time they
have been in fervice fince O^lober 1705.
nomas Pipon, Commander of the Elizabeth galley,
faid, that being bound for London from Faro, he had
fight of Beachy the 2-2d of November lafl, there he
fpied three fail to the eaflward of him, and flood for
them, but foon after feeing three more near his
wake, and having tried their failing, and finding he
could by no means efcape, he being fo encompafifed,
he ran his fhip on fiiore at Eaft-Bourn on the coaft of
Sujfex, in hopes of fome afiiflance ; but two of the
privateers came and anchored within piflol fhot of
the fliip, and by firing forced the fliip's company to
get on fhore after the beft defence they could make,
having firfl endeavoured to difable the fhip, and put
fire to fome of the fails ; but the enemy was fo near
that they foon extinguifhed the fire, and by the help
of the rifing water got off the Elizabeth galley, and
carried her away.
Mr Pipon faid, that while he flayed at Eajl-Boumy
which was two days, he faw fix or feven priva-
teers cruifing ofi^ and on, feveral very near the fhore ;
and was informed by the people of the place, that
for four or five weeks pafl, they had feen French
privateers almofl every day, fometimes to the num-
ber of 16, but moflly 8 or 10 of them, and fome of
good force.
He faid, by reafon of their great numbers, and
cruifing in the narrow of the Channel^ it is very diffi-
cult
172 Parliamentary A. 1708.
cult for any fhips to avoid falling into their hands,
efpecialJy fince there are no good harbours or forts
to fuccour them nigh that place ; and the enemy's
harbours of Dunkirk and Calais are fo near, and fo
few Englijh cruifers in the Channel to intercept the
faid privateers and their prizes, which makes the
fhips companies be altogether for running on fliore
to faVe their liberties.
Captain George Guillaume told their Lordfhips, that
in his laft voyage from St. Ubes to London^ in the
ketch Concord^ on Sunday the 1 6th of November laft,
he was forced by contrary winds into Falmouth har-
bour ; the next day he faw three French privateers
take a Butch Ihip within three miles of Pendennis
caftle.
On Thurfday he left Falmouth, and on Friday he
faw two vefTels which chafed him into FreJh-lVater-
Bay in the ifle o^ Wight ; but night coming on, and
the weather very black, he efcaped betwixt the land
and the fhips.
On Saturday the 2 2d, he made Beachy-Head, and
as foon as it was day, faw a French privateer under
bis lee ; and foon after faw two at his ftern, and
three more at his lee, and two more a-breaft of him,
which made him refolve to run his vefTel on fhore,
being very near land.
Upon this, the privateers put up Englijh colours,
which made him forbear for fome time to run his
fiiip afhore \ but one of them putting all his fails
our, and coming upon him, he grounded his vefTel,
and difabled her ail he could, that they might not
carry her oft, and then went afhore at a place called
Pevenfey^ and went to the town, and got fomc
afiiilance.
The privateer came to an anchor, and fired upon
them, and the fhot went above half a mile into the
country. He faid, if they had had any great guns,
they might have faved their vefTel ; for it was above
five hours before the privateer had her a-fioat.
The
A. 1708. DEBATES. 173
The two following days (which was the tirtie he
itayed there) he faw from the fliore fix privateers.
He affirmed, that in his whole palTage he did
not fee any Engliflj man ot war.
The merchants gave an account of the vaft ad-
vantage of the Mediterranean trade, which, for a
confiderable time, had been carried on with greac
fuccefs by nimble gaLlies, without putting the go-
vernment to the charge of convoys.
Mr. Gow/J informed, that befide the Turkey trade,
and trade from feveral other places in the Mediter-
ranean, the cuftoms of Leghorn^ Venice^ and Genoa, did
amount to about ^^00000/. fterling per annum, and
an account was alfo given in by him in particular,
of the very great annual exports to Leghorn alone,
confiding of our manufadlures, goods of our native
growth, and other merchandizes, which trade had
continued for many years, while our Channel was
better guarded -, but of late it is in a manner quite
interrupted for want pf cruifers in the Channel and
Soundings, and many rich fhips taken there. He
mentioned in particular the Mazareen galley from
Turkey, worth above 80000 /. taken in the Soundings ;
the Mediterranean galley from Zant^ taken off Bea-
chyHead', the Sr. G^^^rg^ galley, taken in theCZ;/T;/-
nel ', the Royal- Anne galley taken in the Channel, v/here
fne had made boards for about 1 5 days together with-
out feeing any one cruifer to help her ; the Trumball
galley, rich in money, taken near the Downs. — He
faid he declined naming more, though he could men-
tion feveral others, the rather, becaufe fome of them
are included in the great lifts of merchants lofles
given in to their Lordfhips, confifting of near 1 160
fhips : But in order to fhew the difference when any
care was taken for cruifers, he produced a lift to
their Lordftiips of 9 1 fail of galleys bound from Leg-'
horn, which arrived fafe without convoys, from
September, 1703, to O^loher^ i704) whiift there were
fome cruifers employed.
He
174 Parliamentary A. 1708.
He faid, that foreigners did reproach our nation
for the great negled ot the merchants Ihips ; and to
this purpofe he produced two letters from his cor-
refpondents at Leghorn^ one dated the 1 2th o( Septem-
ber ; in which, after taking notice of the lofs of the
Ruffla fhips, it follows ; ' Seeing the enemy fall in
* with fo many of our convoys, we begin to fufpedt
* there may be fome traytors aniong us.' And an-
other letter, in which Camongft other things) it is faid,
* They have received a lamentable account of the
* Li/bon horfe convoy, by which they obferved there
' had been ftrange management in our maritime
' affairs, feeing we can fuffer fo much fo near home.'
He alfo produced another letter from Ply mouthy
dated the 1 8th of November lad, wherein it was faid ;
' That the French privateers are fo bold as to cruife
' in our very mouth : About four daysfince, two of
' them chafed a Dutch man from Mounts Bay into
* our very harbour within Pentee, where there was a
' fharp difpure, and fome fcore of guns fired : There
' was at that time between the iQand and the main,
* the three fFelfi convoys, but neither of them ftir-
' red, having no orders ; however, the Dutch man
* faved his fliip : But this is enough, and too much,
* on fo melancholy a fubjedl.'
Mr IVtlliam Coward faid, he believed that the lift
of eleven hundred and odd fail of merchant- fhips
loft, given in to their Lordfhips, was very far Ihort
of the whole number.
As to the fifth head of the merchants complaints
concerning their hard ufage, in having their men
imprefled out of their ftiips in the Weft-Indies^ as alfo
upon their return home, by the Captains of the
Queen's ftiips, to the very great lofs and danger of
their fhips and merchandize, feveral inftances were
laid before their Lordfliips.
The G^z//J frigat, Joftah D^Wi?// Mafter, arrived at
Jamaica in September^ i703> ^nd whilft he went to
wait upon the Governor, Captain Douglas of the Nor-
wicb
A. 1708. DEBATES. 175
wich imprefled five of his beft feamen : The Mailer
waited on the Captain, and fliewed him hisprotedlion^
hut Douglas told the Mafter, he had 25 feamen, and
his orders from the admiralty were to prcfs every
fifth man : And though the Mafter acquainted him,
that fome of his men were fick, and that he really
wanted men to fail his fhip home, yet he could not
prevail but for one feaman ; the Captain telling him,
if he would, he could take away all hi« men, and
threatned to ftop his fhip, unlefs he would pay him
the wages of the feamen he had fo impreffed.
Upon Dowell^s arrival at Plymouth^ his feamen
were again imprefTed.
This imprelling of the feamen, and the extraordi-
nary charges occafioned thereby, and the delays of
the fhip amounted to near 1000/. lofs to the owner
and merchants in that voyage.
In a fecond voyage to Jamaica in November 1705,
by the fame fhip, Darnel Bright Mafter, feveral of
his men were imprefTed, and the Mafter forced to hire
others at an extravagant rate, and to take French
prifonerson board to help to fail his fhip home : And
upon his arrival at Plymouth the ^ih of Jpril^ 1706,
all his men, except his two mates, the carpenter,
fteward, and two boys were imprefTed, and taken
from him by one Saunders a midfhipman belonging
to the Orford, and other prefs-gangs, fo that his fhip
lay in danger ; and he could not have brought her
to London, but by the help of a Dutch man of war,
who fiirnilhed him with ten men, after he was re-
fufed by all the Queen's men of war, to whom he
applied in every place where he came, tho' in vain.
In July, 1 704. the Roundhurft galley, John Sarnpfon
Matter, arrived in Jamaica, where Captain Bois in*
the Nonfuch man of war, prefTed five of his feamen,
whereby he was difabled (though fully leaden) to fail
in company of a fhip of go'od force, which then
failed for London ; and with great difHcuIty, and after
long delay, (with much damage and danger to the
fhip
ijd Parliamentary A. 1708.
fhip in the mean time) the mafter got four feamen
more, two of his own five before preiTed from him,
for which two he was forced to give Captain Bois a
pipe of wine, charged at 25 /. But the fhip proving
leaky by long lying, was loft in her pafTage home,
in the gulph o[ Florida ; which lofs in the lliip and
goods was computed to amount to 2500/. to the
owner Mr Coward, befide the lofles of feveral other
merchants.
The Somerfet frigate, John Wickfted Mafter, arriv-
ed at Barbadoes in ^pril or May^ 1705, where feve-
ral of his men were impreflfed, and returning to Ply^
mouth the 9th of Juguji^ ^l^S-i Captain Johnfon of the
Valeur man of war, imprefled five of his beft feamen ;
and the next night in a violent ftorm the Ihip and
cargo was loft ; which lofs in fhip and goods was
computed at 2000 /. to the owner Mr. Coward, be-
fides the lofTes of other merchants.
The Walthamjiow galley, Peter Roberts Mafter,
arriving from Barbadoes about the fame time, tho*
he had feveral of his men imprefied at Barbadoes, and
only nine men and two boys left, with himfelf on
board ; yet Captain Roach of the Fox, imprefied
three of his beft men, his boatfwain being one *, al-
though the Mafter told him how weak he was, and
that he had but one anchor on board : Captain Roach
faid to him, if he was faucy, he would take him and
all his fhip's company aboard, and whip the Mafter
at the geers. Captain Roach fent him three Italians
who could fpeak no Efjglijb, and they the next night
in a ftorm run away with the fhip's boat, which
was ftaved, and the fhip ran on fhore, and fo con-
tinued about 1 3 days to her damage of 4 or 500 /.
*befides the great prejudice to the merchants goods ;
upon which account the Mafter protefted at Ply-
mouth, and the proteftation was delivered to their
Lordfhips, and is laid before the houfe.
Their
A. 1708. DEBATES. 177
Their Lordfhips do likewife acquaint the houfe,
that there has been offered to them an information of
Mr. Benjamin fVay^ in which he reprefents in behalf
of himfelf and other owners and freighters of the
London galley, that the faid galley failed from Ja-
maica the latter end of February laft, bound for Lon-
dony under convoy of her Majefty's fhip the Nor-
thumberlandy Captain Roffey Commander, with
whom they kept company till the 7th of March.
But there having been feven men imprelTed from her
before fhe left Jamaica^ and being forced to take
French prifoners on board, and to hire what other
men fhe could at excefTive wages, to help to fail the
galley home, and crowding all the fail they could
to avoid being left by the convoy, the galley fuffered
fuch damage in her mafls, as difabled her to keep
company, and being weakly manned and in great
diftrefs, they fired guns and made fignals ; but be-
ing left by their convoy, the fhip and cargo pe-
rifhed, to the lofs of many thoufand pounds.
The merchants made the following obfervations
to their Lordfhips, from the evidence given before
them, that the Prince's council were fully informed
of the great number of the enemies privateers •, that
the nation had lofl the exportation of corn for the
King of Portugal's flores by the delays of the con-
voys *, and the Portuguefe army is now furnifhed
by the Dutch with corn from the Baltick ; and the
advantage defigned by a6l of Parliament to the
land-owner, by giving a bounty of five (hillings
the quarter upon exportation, is in a manner
difappointed, efpecially fince for want of cruifers,
the running gallies are almofl wholly difcou-
raged.
That the Prince's council were fo fenfible of the
fwarming of privateers on the coafts, that they de-
clined fending one of her Majefty's fhips of 26 guns,
left fhe fhould be taken.
Vol. V, N And
178 Parliamentary A. 1708.
And that from Tuefday the 29th 0^ Aprils ^7oy^
when Mr. Daw/on was told by the Prince's council,
that they had notice the Dunkirk fquadron was gone
weft ward, to Tburfday the firft of May^ when the
Hampton-Court^ Royal-Oak, and Grafton, with the
merchant-fhips under their convoy, failed out of
the Downs, there was time enough to have fent
orders not only by exprefs, but by the ordina-
ry poft, to have flopped the failing of that
convoy.
The Lords Committees do alfo herewith prefent
to the houfe the great lift of Ihips loft, which
the merchants did lay before them, confifting
of 1 146.
The Lords Committees do alfo beg leave to in-
form your Lordfhips, that the method ufed by them
in taking the examinations of the feveral merchants
was, that after they had figned their feveral depofi-
tion, their Lordfhips required them to depofe, that
^11 that was contained in their papers, refpedlively,
v/hich was faid to be of their own knowledge, was
true, and what was mentioned therein, as heard by
them, or received in writing from any other perfon,
they believed to be true.
After this report had been made and agreed to,
the houfe was moved, that it might be tranfmit-
ted to the Lord High Admiral, which was readi-
ly affented to, and the fame was tranfmitted ac-
cordingly, together with all the depofitions relating
thereto.
On the 9th of January laft, a paper was laid be-
fore the houfe, which purported to be the Lord
High Admiral's anfwer, viz.
Admiralty,
A. 1708. DEBATES. 179
Admiralty,
8 Jan. 1707-8.
T^he Lord Higlo Admiral's anfiver to the report
made to the hoiije of Peers, from the Lords
Committees appointed to cojifder of the petition
of fever al merchants atid others^ traders of
the city o/' London.
* T^HE Lord's fpirltualand temporal in Parlia-
* i ment affembled, having by their order, bear-
* ing date the 17th day of December laft, direcfted,
* that a copy of the report fhould be fent to the
' Lord High Admiral, which was made to them on
* the fame day, from the Lords Committees appoint-
* ed to confider of tli^ petition of feveral merchants,
* on behalf of themfelves and others, traders of the
* city of London^ and of the depofitions to which the
* faid report doth refer \ and the faid merchants hav-
* ing reprefented in their petition, that they have of
* late years fuftained great lolTes by the infufficiency,
* by the delays, and by the unfeafonable failing of
* convoys, and the want of cruifers ; his Royal
* Highnefs has thought it necefTary, that this general
* complaint, as well as the feveral particulars con-
* tained in the afore-mentioned report, fliould re-
* ceive fuch anfwers, as may fet the whole matter
* in a much truer light than their Lordfhips can
' poflibly have by thofe papers only, from which
* the report had been colle6led : And therefore it is
* defired that their Lordfhips will be referred to
* the following particulars.*
I. As to the infufficiency of convoys.
The Lord High Admiral does not obfcrve any
mftances given, v/here the trades that ufually pro-
ceed with convoys have ever wanted a reafonable
and fufficient llrength for their fecurity *, and even
N 2 the
i8o Parliamentary A. 1708.
the lad year, the dated convoys have been much
ftronger than formerly. The misfortunes of feveral
convoys being attacked by a fuperior force, were
no ways to have been prevented but by whole fqua-
drons : But it is to be obferved, that all the inftances
mentioned in their Lordfhips report, happened in the
latter years of this prefent war. In the two firft
years of her Majefty's reign, there were not many
Ihips employed either in or towards the Mediterra^
nean, and even thofe not long abfent from our own
coafts *, fo that there were undoubtedly many more
fhips, and thofe very proper too to be employed in
the defence of the trade of the nation, with refpedt
not only to convoys, but cruifers : Whereas in the
latter years of her Majefly's reign, the publick fer-
vice hath required the employing great part of our
fleet abroad in the Mediterranean ; and although fe-
veral fhips have returned from thence to England in
the latter end of thofe years, yet they have not been
fit for any fervice, until the time appointed, wherein
it was neceflary they fhould be fent abroad again ;
for they were fuch as were the lead able to continue
out, and confequently wanted the greateft repairs.
2. As to the merchants waiting long for convoys
after the time promifed and fixed for their failing.
The many condant as well as accidental fervices,
which have abfolutely required theufe of the Queen's
diips, have often left but very little choice of diips
for foreign convoys : But when applications have
been made by the merchants, the proper convoys
have been always appointed and ordered to be got in
readinefs by the time defired, and not afterwards di-
verted to other ufes ; yet it hath fometimes happened,
upon their coming into the dock, that they have
been found, by a long and condant ufe, in a much
worfe condition than was hoped and expeded. The
necefTity of fitting fliips at different ports for the
fame convoy, and contrary winds" have often pre.
vented
A. 1708. DEBATES. 181
vented their joining at the rendezvous, and fome-
times the want of men, and necefTity of removing
them from (hip to fhip, and the conftant care to
pay the men fo removed before they failed, may
have occafioned the delays complained of; yet, up-
on a ftrid enquiry, ic will appear, that the delays
are as often to be imputed to the traders, who are
feldom ready to fail all together at the fame time,
and that the Queen's fhips have as often flaid for
the merchants, as they for their convoys ; as their
Lordfhips may obferve from one inftance in the pa-
per herewith tranfmitted to them, marked A,
3. As to the want of fufficient cruifers in the
Soundings and Channel.
There hath every year been a provifion made for
cruifers in the Soundings^ Channel^ North-Seas^ and
never lefs than 12 for the North-Seas^ and 15 for the
Soundings^ which were as many as other neceffary
and preffing fervices would poflibly admit of; buc
they have been very frequently diverted from the fer-
vice of cruifing, upon the applications of the mer-
chants themfelves, either for the convoying up the
Channel their homeward-bound fhips, or the fetching
them from Ireland^ or other parts, and in convoying
the traders to Archangel^ the Baltick, Holland, &c.
And there hath been a necefTity to comply with
this, becaufe thofe fervices could not pofTibly be
otherwife accommodated, unlefs fome of the fev/
fhips had been taken off, which were on various
nations placed on the coaft, to fecure the trade
from one port to another.
4. As to the complaint of the arbitrary proceed-
ings of the Captains of her Majefty's fliips, in im-
prefling feamen from merchant-fhips in the JVeJl-
IndieSy and at their return into the ports oi Great'-
Britain,
N 3 If
182 Parliamentary A. 1708V
If this hath, been done, it is contrary to the conftant
and dired orders given to thefaid Captains, by which
they are required not to imprefs any men from mer-
chant-fhips in tlie plantations, without applying to,
and receiving the confent of, the refpedive Gover-
nors, and then never above one out of five, which
is more than have ever been exadled from them du-
ring this war. And if for the better manning her
Majefty's fleet, any men are taken from merchant-
fhips when they arrive here, the Captains of her
Majefty's fhips are ftridlly required to fupply as ma-
ny good men in their room, to bring them unto the
pores whereto they are defigned, and to fend a care-
ful Officer with them •, and when fuch men have
performed thofe fer vices, they are allowed the ufual
condud- money to enable them to repair to their
proper fhips again. But if this Ihould be true, it
muft needs feem hard to their Lordfhips, that the
merchants do impute to the Lord High Admiral,
the mifcarriages of his Officers, which have never
been complained of to him without a proper
redrefs.
5. As to the Go/port^ s being taken in her pafTage
to the PFefl'Ifidies in June 1706, with feveral of her
convoys.
This was an accident that could neither be fore-
feen nor prevented -, and thefe fhips being taken al-
moft 300 miles in the fea, on which occafion, as
the Queen's Officers did all that was poflible in the
defence of the merchant- fliips, fo it is hoped that
their Lord(hips juftice and wifdom, will not make
fuch misfortunes criminal. And as for the particu-
lars of that adion, they are contained in the paper
marked B,
6. Another complaint is. That the Lijhon fleet,
ynder convoy of the IVarfpight and Swiftfure^ was
attacked
A. 1708. DEBATES. 183
attacked in March^ 1706-7, and 14 merchant- Ihips
taken in the Soundings,
This convoy had the misfortune to fall In with
17 fhips of the enemies, which were going diredly
from Breft to the Weft-Indies^ and by the greateft
chance imaginable met them in their pafTage -, the
particulars whereof are in the paper marked C,
7. It is farther alledged. That the Newfoundland
fleet was attacked in Aprils under convoy of the Falk-
land and Medway prize.
Thofe two Ihips did, in their paffage out of the
Channel, meet with 8 fail of the enemies privateers
from 30 to 20 guns, with which they engaged,
but carried all their convoys fafe to Newfoundland^
except two that made fail from them, and by that
means fell into the enemies hands.
8. It is alledged, That a coafting convoy was at-
tacked in April, off the lands-end.
This may be true, though this is the firft advice
of it.
9. Another complaint there is, That the Hampton-
Court, Royal-Oak, and Grafton, failing from the
Downs, the firft of Af^) laft, were the next day attack-
ed, and the Hampton-Court and Grafton, and about 20
merchants-fhips taken by the Dunkirk fquadron. O-
therwife than that, they were in the Flemifh-Road^
notwithftanding what is fworn by Mr Dawfon, that
he was told at the admiralty-office, the faid fquadron
was gone weftward •, for upon the ftridleft examina-
tion of all the advices, and of the minutes of the of-
fice of that very day, there does not appear any no-
tice of the enemies (hips being failed to the weft :
Wherefore thofe three fhips, which were one of 76
guns, and the other two of 70 guns each, were
judged a fufficient convoy between the Downs and
N 4 Spitbeadi
184 Parliamentary A. 1708.
Spitbead, nor were there then any (hips within reach
to have ftrengthned them.
10. It is alfo alledged, That the RuJ/ia (hips out-
ward bound the laft year, were attacked by the ene-
my, and 16 of the merchant- fhips taken.
As to this matter, their Lordfhips are defired to
be referred to a paper marked D, by which their
Lordfhips will find a particular account of that af-
fair, from the time that the merchants did fiift ap-
ply for the convoy ; and that Sir JVilliam JVhetftone^
with iht fquadr on undtr his command, did conduct
them to the latitude of 62 degrees, and that then
leaving them to their proper convoy, none of the
merchant-fhips did fall into the enemies hands, but
thofe whofe mafters did adlually leave the faid con-
voy, and that not till they were in the latitude of 70
degrees, about three weeks after Sir PVilliam WheU
ftone parted with them.
11. Complaint is alfo made, That the convoy
was attacked the loth of 05lober laft, which was
condudling the fhips with horfes for the King of
Portugal^ and the trade to Lijhon.
This convoy was her Majefty's fhips the Cumber-
land^ Devonjhire^ Royal-Oak, Ruby^ and Chejler^
which were two of 80 guns, one of y6^ and two of
50 guns each, which were thought to be a fufficient
convoy to UJhon in the opinion of the merchants,
till the misfortune happened by the accidental jun-
dlion of two French fquadrons : But on this occa-
fion the Queen's fhips behaved themfelves fo well,
that very few of the inerchant- fhips were taken,
and their Lordfhips will find a particular account of
this aff^air in the paper marked E,
12. The merchants alfo complain, That they
waned long for convoys, and of the prejudice they
receivedj,
A. 1708. DEBATES. 185
received, when they returned from foreign parts for
want of convoys to the river Thames,
This head being general, their Lordfhips are de-
fired to be referred to what hath been already faid
on this fubjed in the beginning of this paper.
13. They farther alledge. That they had orders
in July 1704, to buy great quantities of corn for
the King oi Portugal's ufe, and that in July and Au-
guft they did the fame -, but that, notwithftanding
their frequent applications, they could not obtain
convoys till the 6th of February following.
This feems to be fomewhat extraordinary ; for
they fay, their fhips were ready to fail in July and
Auguft ; whereas the latter of thofe two months,
there were orders given to her Majefty's (hips the
Pembroke y Canterbury ^ Greenwich ^ and Gloucefter^ to
convoy the trade to Lipon ; and on the 6th of Sep^
tember^ Sir M^llliam IVhetJlone was ordered, with
the fquadron under his command, to fee them 100
leagues fouth fouth-weft from Scilly^ which he
did •, and why the (hips that were ready in July and
Auguft (as is alledged) did not proceed with this
convoy, their mafters, or the owners of them, or
both, can give the bed account : Befides, there were
fcveral fhips of the «S/^/^j-G<?«^r^/, which called at
S pithead in their way to Lijhon^ and (as it had been
concerted at the Hague) took our merchant-lhips
under their convoy. And here it may be obferved,
that although it hath been found impoffible to fur-
nifh convoys for the trade to Portugal^ at the imme-
diate times the merchants have applied for the fame ;
yet there hath been 29 convoys between England
and that kingdom, from the month of April 1703,
to O^ober laft, and fome of thofe convoys no lefs
than great part of the fleet, and at other times confi-
derable fquadrons ♦, and particularly in the year 1 706,
there were five convoys in one year, which makes
it very improbable, that the King of Portugal's
magazines
.i86 Parliamentary A. 1708.
magazines and armies have been furnifhed with corn
from the Baltick.
14. They farther complain, That the grand fleet
failed the lOth oi Augnjl from Portfmoutb^ and did
not take any merchant- fhips under their convoy.
This was the year 1 706, when the Admiral of the
fleet had inftrudions to proceed upon fervices, noc
fit to be made publick, which did confequently ren-
der it impradticable for him to take merchant-fliips
in his, company.
15. Another objedlion they make. That there was
an embargo laid on their trade and convoys.
It is prefumed, that by the word Embargo^ they
mean, that there was fome little flop put to their
proceedings, until there could be a more certain
account of the intelligence received. That there was
a fquadron of the enemy's fhips in the Soundings^
which proved afterwards (as they obfervedj to be
Dutch homeward-bound merchant- fl:iips from the
V/eft-Indies,
it cannot be imagined, that this caution was de-
figned for their prejudice, but rather entirely for their
fervice, as well as for the fafety of her Majefty's
ihips : And as they own that the Norfolk^ JVarfpight^
and Exeter^ did fail with their trade, fo do they al-
ledge, that the Naffau did not join them for want of
necefiary orders, tor that fleet did not fail till three
in the Afternoon, and the Naffau came to Spithead
before night *, whereas, on the contrary, the Naffau
pafTed thro' the D^ie?;7j the 14th of OBoher 1706,
and got as f^r weflward as Folkftone^ but the wind
coming to the fouch-weft, and there being a likeli-
hood of dirty weather, (he bore up for the Downs
the 1 6th, from whence fhe failed the i8th at fix at
night, and arrived at Spithead the 20th, which wa3
two days after the convoy failed : And their Lord-*
Ihips may pleafe to take notice. That a Dutch con-
voy
A. 1708. DEBATES- 187
voy failed the beginning of Januar'j 1705-6, in
company of feveral of her Majefty's fhips % that the
25th of Februar^^ Captain Price failed with five
fhips of war ; that the 27th of March following
Sir George B^ng failed thither with a fquadron ; that
the i8rh oijune^ four other fhips of war failed thi-
ther ; and that in Jul'j the merchants petitioned for
a convoy to go in Augujl^ which was appointed ;
and the reafon of their being flopt, and an account
of this whole affair, their Lordfliips will be inform-
ed of by the paper marked F.
16. They farther declare, That by reafon of the
infufHciency of this convoy, feveral merchant-fhips
were taken out of the fleet off of Portland^ and that
afterwards, meeting with bad weather in the Bay of
Bifcay^ the Warfpight and Exeter came back dif-
abled, and that the trade, except fome few fhips,
proceeded to Lrfbon with the Norfolk only.
The convoy appointed for the trade, were three
fhips, one of 80, one of 70, and one of 60 guns ;
and as this was thought a fufficient flrength, fo were
there not at that time any more Ihips to re-inforce
them ; nor could it be forefeen, that two of the
fhips would have been difabled in their paffage,
though accidents of that kind have, and frequently
may happen.
•
17. Another fubjedl of their complaint is, That
great numbers of merchant-fhips were in Portf-
7noutb harbour in the month oi December 1706, and
detained there for want of convoy to the Downs^ till
the 23d o^ April following ; and this, notwithftand-
ing feveral of her Majefly's (hips were at Spit bead
(which they have enumerated) and that others came
from the Weft, and did not call for them ; and they
particularly mention the Suffolk and BriJioL
All
i88 Parliamentary A. 1708.
All the (hips which the merchants fuppofelay idle
at Port/mouthy during this time, were under orders
for particular fervices, as their Lordlliips may per-
ceive by the paper marked G.
18. Another complaint is made. That in the
month of October 1706, Mr. Coward and Mr. Jones
let their Ihips to the Commiflioners for vidualling,
on condition that they fhould go diredly to Jamaica ;
whereas they were carried from the Downs to Port/
mouthy thence to Plymouth^ from that port to Ire-
land, and then to Barbadoes and Antegoa,
It is not doubted, but thefe (hips were taken up
by the Commi(rioners for vidlualling, at fo much a
month freight ; and her Majefty finding it necef-
fary for her fervice to fend a governor to her ifland
of Barbadoes, and fome forces which were to be em-
barked in Ireland with provifions, and other necef-
faries for the plantations of Nevis and /Antegoa, there
was a neceflity of thefe flilps accompanying the
convoy which was appointed for that fervice, in re-
gard there was not any other which could be got in
readinefs for them -, and their owners will be paid
for the time they have been employed in the fer-
vice of the publick, according to the agreement
made with them.
19. Mr. Palmer depofes, That in the year 1705,
a (hip, of which he was part-owner, with feveral
others, were convoyed from the Downs to Port/mouth
by the Litchfield prize, but that for want of orders
Ihe could not fee them to Plymouth, where they might
have joined the fieet with Sir Cloudejl'j Shovel, bound
to LiJIjon.
Their Lordfhips may perceive how much this
perf6n hath forgot himfelf, and impofed on them.
For the Litchfield prize did not arrive with the trade
at Spithead until the 7th of June -, and Sir Cloudefiy
Shovel failed from thence the 23d of May, paffed by
Plymouth
A. 1708. DEBATES.
Plymouth the 25th of the faid month, and was off of
Lijhon the 9th oijune •, fo that the fleet was adlually
at Lijbon two days after the time that this gentle-
man fays the Litchfield prize might have joined them
at Plymouth.
20. As a farther evidence, the merchants have
produced to their Lordlhips the Gazette of the 8th
of May 1707, wherein there is the following para-
graph from Oftend^ viz. * A fleet of merchant-fhips
' which lay five months in the Downs^ conflfting
< of 55 fail, arrived at Oftend this evening, to the
' great fatisfadlion of this place.'
This Advertifement was very ignorantly and un-
advifedly inferted in the Gazette^ the fa6l it felf being
entirely wrong: For her Majefty*s fliips, the Lynn
and DeaUCaftle^ failed to Oftend the 7th of February^
and there were then no more than ?iwt merchant-
Ihips to accompany them •, and Sir Edw, fVbitaker^
with his fquadron, did the like the 27th of j^pril
following, and faw the trade into that port, and
brought what was there from thence ; but he carried
with him not above 15 fliips and veflels -, and how
that number could fwell to ^^^ is fomewhat ftrange :
Befldes, it doth not appear, that at any one time,
from December to the month of May, there were
more than five merchant- fliips in the Downs bound
to Oftend, and above three fourths of that time not
fo much as one ; and yet the advertifement in the
Gazette fays. That the S5 ^ips arrived at Oftend
from the Downs, and that they had lain there five
months for a convoy.
21. As to the general article relating to the un-
timely and unfeafonable proceeding of convoys, e-
fpecially to the IVeft-Indies, their Lordfliips are de-
fired to be referred to what hath been already faid
at
tgc> Pa^li AMEi^ TA^y A. 1708.
at the beginning of this paper, relating to that
matter.
22. The Virgima merchants alledge, That in
OEloher 1705, fome of their fliips failed from hence,
under convoy of the Woolwich and Advice^ which
were ordered to (lay till re-inforced from England ;
and that they were promifed, the Greenwich and Ha-
zardous fhould fail the firft fair wind in January fol-
lowing ; but that they did not fail till May^ which
occafioned their not reaching Virginia till Auguft,
The Greenwich and Hazardous were ordered for
this fervice the 26th o^ February 1705-6, but could
not get clear from Plymouth till the 24th of Aprils
and on the 27th they were forced by bad weather
into Falmouth -, but the Hazardous failed foon after,
for the Greenwich was difabled, and forced to come
to Plymouth to refit : However, the faid fhip Green-
wich failed from Plymouth the firft of June^ and ar-
rived at Virginia the i ith o^ Auguft ; and the 17th
o^ September came from thence, with the Hazardous^
Woolwich^ and Advice^ and 182 merchant-fhips, and
arrived with them in the Channel in November fol-
lowing.
23. The faid Virginia merchants have farther re-
prefented, That in hopes of convoys proceeding
from hence to Virgima the laft Spring, many fhips
that carried ftores from hence to Lijhon^ and others
from London^ proceeded to Virginia^ but remained
there till September laft, expelling convoy, and muft
now come home without, in the Winter feafon. And
although the laft Spring her Majefty in Council,
ordered a convoy to be ready in Auguft^ yet the faid
convoy remains at Portfmouth,
The ddays and misfortunes which have happened
this year to the Virginia traders, are in a great
meafure to be attributed to the different interefts and
opinions of the merchants and planters concerned
in
A. 1708. DEBATES. tgt
in that trade ; to the frequent wefterly winds which
have hindered their departure •, and to the delays
occafioned by feveral merchants letting their ihips
to the Portugal convoy, for tranfporting horfes to
Lifion ; which will be more particularly explained
to their Lordfhips by the paper marked H,
24. They farther declare. That for fome years
pad, there hath not been a frigate appointed to take
care of the Virginia coaft ; for want of which, many
fhips have been taken going in, and coming out.
The men of war which convoy the Virginia fhips,
have ufually orders to <:ruife between the capes
while the trade is loading : The Strombolo had thofe
particular orders ; and the Gofporty which was taken
in her pafTage, (and which may occafion this com-
plaint) had the fame , and the Garland is now upon
that fervice •, and' the fhips going to Virginia have
the fame diredions.
25. Complaint is made by Mr. John Wood^ of
the difficulties he met with in September 1706, and
fome time after, in getting a fhip of his, called,
ne Union Frigate^ to Portfmouth.
This fhip took in her loading of corn at Shore^
ham, one of the mod difficult ports along the coafl
to get out from : But when the fhips of war are or-
dered, either eaflward from Portfmouth^ or wefl-^
ward from the Downs, they have always direxftions
to call at the feveral ports in their way ; and feveral
have been unfuccefsfully appointed, to get the fhips
and vefTels out of this harbour,
26. The faid H^ood does alfo affirm, That In the
months of Jpril, May^ and June laft, he had feve-
ral fnips freighted with corn at Shorebam, which
could not proceed to Spithead, by reafon of the ene-
my's privateers : That at laft there was a convoy
appointed, but foon after ran away, and left the
fhips.
jgz Parliamentary A. i7o8,
fhlps, upon a report that the Dunkirk fquadron was
upon the coaft.
The convoy here meant, was the Charles galley
and Go/port^ though feveral others were before ap-
pointed to get thofe veflels out of the harbour :
However, the aforefaid two fhips did do it about the
19th of June 1707, and being on their way towards
Spithead^ they received an exprefs from the Mayor
of Hafttngs^ with an account, that there were 18
fail oi French men of war coming from the eaft-
ward, with all the fail they could make j which ad-
vice, although it proved falfe, was not fafely to be
negledled : But fo far were her Majefty's Ihips from
running from the trade, upon this intelligence, fas is
falfly and malicioufly infinuated) that they kept them
company, and brought them fafe to Spilhead, as the
Captain of the Charles galley gave an account, in
his letter of the 20th of June 1707, and thofe fhips
which occafioned the alarm, were her Majefty's fhips
the Defiance and Advice^ with their convoys from
the Downs,
27. Mr. Winter depofes. That he came from Gf-
Ir alter the 1 4th of March laft, in company of the
Pearly Hanover^ and Lodington gallies j and off of
Beachy-head, two of them were taken by French pri-
vateers.
Thefe fhips were all runners (or at leaft called
foj and had they put into Port/mouthy until an op-
portunity of convoy had prefented, the perfon who
complains of thefe lofTes, would not have run the
hazard he did. Nor can it be thought, that thefe
fhips, which the merchants call gallies, can, when
they are laden and foul, fail much better than other
Ihips, not under that denomination ; and therefore
are confequently as much fubjed to misfortunes, by
going without convoy ; and it is very reafonable to
believe, that till this trading by gallies or runners
grew fo much in fafhion, the lofTes were much lefs ;
and
A. 1708. DEBATES. 193
and fo it is to be hoped, will be again, when the
merchants will learn to alter their way of trading,
as the enemy hath altered their method of carrying
on the war by fea.
^he remaining part of their Lordjhips report^ relates
chiefly to (viz.)
1 . Our merchant-lhips being chafed offof Beacby^
and the parts thereabouts, by the enemy's priva-
teers.
2. The advantages to the Mediterranean trade,
by carrying it on with gallies ; but the hazards they
run in their return homej for want of cruifers in the
Soundings and Channel.
3. A French privateer's chafing a Butch fhip in-
to Plymouth, on or about the 14th of November lad,
whilft three Welch convoys rid fall for want of
orders.
4. That the lift of 11 46 fail of merchant- fliips
loft, was far fhort of the real number.
5. The inconveniencies by prefllng men in the
WeJl'Indies, and at their return.
6. The complaint of Mr. Benjamin IFay, That
the Captain of the Northumberland did not take care
of his fhip called 57?^ London Galley, which failed
from Jamaica the latter end of February laft.
As to the firft, 2d, and 5th of thefe articles, their
Lordfhips are defircd to be referred to what hath
been already faid.
Then as to the 3d, which relates to the chafing of
a D«/^^ dogger, it feems not at all material, only to
fwell a complaint : But as to what is infinuated ;
Vol. V. O that
194 Parliamentary A. 1708.
that the three men of war did not ftir for want of
orders : It is well known, that when her Majefty's
fliips get fight of an enemy, |hey ftand in ntred of
no particular orders to attack them ; for their gene-
ral inftrudlions annexed to their Commiffions, do
fufficiently require that of them ; but this happen-
ing at five a-cJock in the evening, in the month of
November^ it was impofiible for any of the three
fhips aforementioned, to have come up with the pri-
vateer ; and the Dutch (liip was fecure under the
guns of the fortification.
The Lord High Admiral cannot, without great
concern, take notice of the lift of 1 146 fhips, faid
to be loft during this war: Although it is polTible
great part of that num.ber con fi Its of gal lies or
runners : That fame part of this lofs may be at-
tributed to the inevitable fate of v/ar ; and fome
hath arifen from the wilfjlnefs or negligence of
mafters of merchant- fhips, v/ho, when fufficient
convoys have been granted them, have deferted that
protection, and expofed themfclves a prey to the
. enemy, of which frequent complaints have been
made.
Laftly^ As to the 6rh article, which is the com-
plaint bf Mr. TVaj^ That care was not taken of his
(hip from the IVeft- Indies^ their Lordfhips are deQred
to be referred to the copies of two letters herewith
tranfm.itted to them, marked L and K^ the one from
Sir John Jennings^ and the other from the Captain of
the Northumberland \ the which give a particular ac-
count of that matter, which was not complained of
at the Admiralty-office, before it was brought to
their Lordfnips.
Thus much being faid to the report of the Lords
Committees, grounded upon the depofitions of the
merchants, which are partly what they fay of their
own knowledge, and the reft, what they have ga-
thered from others j the Lord High Admiral thinks
it
A. 1708. DEBATES. 195
it necelTary to lay before their Lordfhips fome far-
ther obfervations, under the following heads, to ex-
plain fome papers which have been demanded by
their Lordfhips from the Admiralty-office.
1. That notwithftanding almoft the continual ufe
of her Majefiy's fliips, the lofs fullained by ftorms,
(particularly in the violent tempeft in the year 1703 .J
and the many hazards they have been expofed unto
in this expcnfive war ; the number of fliips of the
royal navy, is fo far from being diminiOied, fince
her Majefty's acceffion to the throne, that it is in-
creafed by 10 fhips of war, although the Parliament
hath not in this reign, given one farthing of money
for building of fhips ; and that the laft war there
was about four millions given for that, and other
extraordinary fervices \ and yet the royal navy was
lefs in ftrength at the end thereof, than at the begin-
ning, by twenty fhips of the line of battle.
2. That the number of fliips of the navy of
France^ which have been taken or deftroyed by her
Majefly's fhips this war, does much exceed our
JofTes, as will plainly appear by the two papers
marked L and TkT, wherein there is no mention made
of the French fhips, which have been taken or de-
ilroyed by the fhips of the States-General,
3. That during the prefent war, there hath been
175 of the enemy's privateers taken, and many of
them of confidcrable force.
4. That in the laft war, which was declared the
7th of M-:?)' 1689, and ended the loih c^ Septem-
ber i6^j^ the whole number of the enemy's fliips
taken and condemned, were i 296, whereas in the
preient war, which was declared the 4th of May
1702, unto the firfl oi December 1707, the num-
O 2 bcr
ig6 Parliamentary A. 1708.
ber of fhips taken from the enemy, and condemned,
is 1346, which carries with it no little difpropor-
tion.
5. That the re-captures by her Majefty's fhips-
of war, from the 4th of May 1702, to the firft of
December I yoy, are 128, which amounted, by ap-
praifement, to above the fum of 82975/. and the
re-captures by privateers within that time, 38054/.
both which fums amounts unto 12 1030/. exclufive
of cuftoms.
6. That in the 1 aft war, the trading part of the
nation had the misfortune to lofe near 4000 fliips,
whereas in this war, themfelves have given an ac-
count of 1 146, and it were to be wifhed, that even
that lofs could have been prevented. But here it
may be obferved, That during the laft war, we had
the ports of Spain, as well as thofe in the Spdnijh
JVeft- Indies, always open to fecure our merchant-
fhips and velTels, not only from the enemy, but
from bad weather : Whereas during the whole courfe
of this war, our trade hath been entirely debarred
from that fo efTential a countenance and protedion.
7. Befides, whilft her Majefty has yearly fitted her
royal navy for carrying on the war abroad, the
enemy hath ever fince the battle off of Malaga, to-
tally altered their m.ethods of carrying on their na-
val war : And inftead of fending forth great fleets,
they fill the feas with privateers, and with fquadrons
of their nimble (hips, and by that means watch all
opportunities of feizing upon our trade, for which
the fituation of their ports gives them but too good
opportunities *, and yet our merchants (who can-
not but be fenfible of this danger) carry on their
trade in a very great degree, in defencelefs fhips
called Runners \ and they being obliged by charter-
party to go without convoys, are thereby but too
often
A. 1708. DEBATES. 197
I often expofed to the enemy, who lie in wait for
I them.
Laftly, The Lord High Admiral defires their
Lordfhips to do him fo much juftice, as to believe.
That no man is more fenfibly affeded than he is,
with the great lofTes and misfortunes which have hap-
pened to the merchants j and he is fo much the more
fenfible of them, becaufe in the way thofe gentlemen
carry on their trades by fingle defencelefs fhips •, and
by the method the enemy now takes, whilft the
French King himfelf, and fo great part of his fub-
jedls employ fo many (hips and men only to make
war upon the merchants, fuch misfortunes will dill
happen ; yet his Royal Highnefs does hope their
Lordfhips will believe, that the Queen's fleet has not
been ufelefs and unemployed during this war, which
cannot be carried on, agreeable to the declared fenfe
of their Lordfhips, but by fupporting a fuperiority at
fea, upon the coafts of Portugal^ Spain, and Italy ;
in all which places the Queen's fleet hath done great
fervices the lafl four years, and attempted fome things
which might have fecured Britain for one age, froqi
all the naval power of France,
TH E houfe took this anfwer into their moft
feriousconfideration, and finding feveral fads
dated therein very differently from what had been
afferted by the merchants, upon their oaths, (who
had therefore, according to the methods of juftice,
a right to be farther heard by way of replyj and
finding feveral other things alledged in the anfwer,
which at firfl fight feemed to be plain miftakes, we
thought it neceffary, for our fuller information and
fatisfadion, to appoint a Committee to hear the
merchants, and alfo to make fuch obfervations up-
on the anfwer, as they fhould think proper.
The Committee having perfeded their report,
and laid it before the houfe, the fame was agreed to,
O 3 and
ip8 Parliamentary A. 1708.
and we think our felves obliged humbly to prefent
this fecond report to your Majefty.
Die Martis 17 Fehruarii 1707.
IN relation to the firft head of the anfwer, which
is conceived in general terms, without being ap-
plied to any of the particulars in the merchants
complaints, fome things feem proper to be taken
notice of.
I. The anfwer fays, That all the inftances men-
tioned in the report, are in the latter years of her
Majefty's reign.
The Lords Committees obferve, That an addrefs
of the houfe of Lords, prefented to her Majefty in
the year 1704, did lay before her the heavy lofTes
of the merchants, which had happened for want of
cruifers and convoys for the home trade.
Soon after the prefenting of that addrefs, Sir
George Bpjg, and Sir jGon Jennings were fent out to
cruife, and continued crulfing till the O^oher follow-
ing, during which time the E?igUJh fhips were well
prote6led, and many of the enemy's privateers
taken ; and the Lords hoped there would have been
no farther occafion of complaints from the mer-
chants : And all the loffes contained in the report,
now before the houfe, have happened fmce that care
was laid afide.
2J/3;, It does appear by the papers fent to the
houfe from the Lord High Admiral, That in the
year 1706, the highefl; complement of the (hips em-
ployed in the Mediterranean {{u^y^o^iw^ them manned
to that complement) did not exceed 17373 men;
and in the year 1707, the higheft: complement of
the (liips employed there, did amount only to 15590
men. And therefore, notwithfianding that part of
the fleet which was made ufe of there in both thofe
years.
A. 1708. DEBATES. 199
years, yet about 23000 men of the numbers pro-
vided for by Parliament, remained for the necefiary
fervice of guarding and protecStirg the coaft and
trade ; fo that it feems not pofTible, that the keep-
ing thofe fquadrons in the Meditewraneati^ could be
the occafion of the cruifers and convoys being fo
weak and few, and the coaft fo ill guarded.
3^/)', The ftrength of convoys is to be propor-
tioned to the prefent circumftances of the enemy,
as far as intelligence can be had, and the many in-
ftances mentioned by the merchants of convoys at-
tacked to our difadvantage, fliew by experience,
that moft of our convoys have been too weak.
The fecond head of the anfwer is alfo general,
but the Lords Committees obferve, That the great
fhips are the ftrength of the line of battle, and if
more firil and fecond rates had been employed in
the Audit err an e an ^ inftead of fo many third and
fourth rates, and fmaller fliips, a much greater
number of fliips* proper for convoys and cruifers,
for the protection of trade in the Channel and
Soundings^ would have remained free for thofe fervi-
ces ; or if there was found to be a real want of fuch
Ihips, timely and proper application might have
been made to the Parliament, who have ever been
forward in providing for the fecurity of trade. And
in the mean time, fliips might have been hired, as
has been often done, rather than the whole coaft
fhouid continue in a manner befieged by the enemies
men of war and privateers, without interruption.
2. The want of feamen is too well known, which
proceeds principally from the many hardfliips they
iliffer. The conftant pratftice now in ufe in turning
over, or remioving them from fliip to fliip, is of all
others the greateft difcouragement, and tho' the pay-
ing them at the fame time they are turned over, may
O 4 have
:oo Parliamentary A. 1708.
have a fair appearance, yet that being generally
done when they are abroad, it tempts the feamen to
extravagant expences, and proves in conclufion the
utter ruin of their families.
3. Many of the inconveniencies mentioned in this
paragraph of the anfwer, could hardly ever happen
in cafe an early diftribution was made of proper fhips
for convoys, and the time of their departure fixt,
whereas very frequently fhips are appointed when
they are at fea, and it is unknown in what condi-
tion they will return. The merchants fay. That
this year one of the convoys named for the Jamaica
trade, was at that time in the Sound.
The anfwer fays. The Queen's fhips have as of-
ten ftayed for the merchants, as they for their con-
voys ', of which one inflance is given in the paper
marked A. The fa6l may be fo Ibmetimes, but the
cafe mentioned in the paper is not of that fort -, for
there the merchant- fliips were lying in the Downs ^
together with the AJfiftance and Dunkirk prize, two
of the fhips of Captain Kerr"*^ fquadron, and were
ready to fail, and did fail with them to Spithead^
where the reft of the fquadron lay. And though
it be aflerted, that Mr. Kerr's fhips were ready the
iSth of February at Spilhead, yet it appears, that
his inftrudlions do not bear date till the 3d of March
1706-7.
As to the third head relating to the want of
cruifers. The Lords Committees obferved. That it
is not the appointing cruifers yearly which will pro-
te«5l trade, but the careful and ftridl obfervation,
that the fhips appointed for that purpofe do cruife
accordingly.
Whereas it appears in the account ©f the difpo-
fition of the fleet, laid before the houfe of Lords,
That no fhip was cruifing in the Soundings and Chan-
nel^ in the month of June^ Jul^^ Augufi^ and Sept em-
A. 1708. DEBATES. api
her laft, in which almoft all the galleys and home-
ward bound fhips, whole lofs is lb heavily complain-
ed of by the merchants, were taken or deftroyed.
In relation to the arbitrary proceedings of the
Captains of the Queen's fhips of war, in imprefling
feamen out of the merchant-fhips in the fFeft-In-
dies, as alfo upon their return to the ports of Great-
Britain, the fourth paragraph of the anfwer fays,
if any fuch thing has been done, it is contrary to
orders, and has never been complained of without
a proper redrefs. Upon reading this paffage, the
Lords Committees fummoned Mr. Coward (to whofe
complaint principally that part of the anfwer re-
lated) who attending, and being examined as to the
matter of fad:, made oath, that he had often com-
plained to the Prince's Council of thefe great hard-
fhips, and begged relief from them, before he ap-
plied to the houfe of Lords ; that he could mention
many other inftances of the ill ufage he had fullered
in the fame kind.
That year after year, from the beginning of the
war, not one of his fliips had efcaped, having men
preffed out of them both at Jamaica, and upon their
return (if there then was a prefsj except fuch as had
run through all danger into the Downs, and fo got
to London.
In particular he fwore, That he had complained
to the Prince's Council, of Captain Johnfon\ impref-
fing his men out of the 5(?7«<?r/^^ frigate, and Captain
Rochets imprefling his men out of the IVaUhaniJlozv
galley, as alfo of taking away his men out of the
Gold frigate, and produced to the Prince's Council
the evidence he had of thefe feveral fadls, but could
not learn, that any of the Captains were punifhed
or cenfured, or fo much as once called to an ac-
count for their violences.
He alfo fwore. That all the Captains he had em-
ployed to the IVeft- Indies have declared to him, that
they who imprefTcd his men at Jamaica, never
111 e wed
202 Parliamentary A. 1708.
fhewed any authority or confent from the Gover-
nor for fo doing ; and he affirmed, he was ready to
produce many Captains, who would fwear the fame
thing.
He faid. If fuch orders are given as is afierted in
the anfwer, the Prince's Council well know, by the
frequent complaints of him and others, they are not
obferved either at Jamaica^ or at home.
In the fixth paragraph of the anfwer, which re-
lates to the lofs of the Lifl?on fleet, under the con-
voy of the Swiftfure and Warfpight^ it is dated in
this manner : ' This convoy had the misfortune
' to fall in with 17 fhips of the enemy's, which
* were going diredly from Brefi to the IVeft'Indies^
*- and by the greatell chance imaginable met them
' in their pafiage.'
And in the paper marked C, (to which the para-
graph refers) after reciting an account given by the
Captain of the S'iviftfure of this adlion, and that
moil of the merchant-fliips efcaped, the paper C,
^ proceeds thus : ' That as there was not any pre-
* vious notice of this fquadron of the enemy's fiiips,
' fo if greater (trength had been added to this con-
* voy (which was not then to be had) it would have
' been but of little advantage againll fuch a number
' of the enem.y's fliips.'
This feems fo ftrange a reprefcntation of this af-
fair, that it is neceflluy to lay before the houfe, the
true maLter of fad, as it appears upon a careful ex-
amination of it by the Lords Committees.
Firft, As to the aflertion •, That there was no pre-
vious notice of this fquadron of the enemy.
The Lords Committees refer to the advices con-
cerning the French (hipping fent to the Admiralty
from the^Secretary of (late the laft year, (which
advices are now lying before the houfe^ particu-
larly to an extrad; of a letter from Mr. Secretary
liarU)\ office, dated at Rotterdam the 7 th o^ February^
N.S.
A. 1708. DEBATES. 203
N.S. and fent to M. Burchett the ifl of February^
O. S. giving an account of the fquadron of fnips
then lying at Brefl -, and another from the Earl of
Sunderland's office, dated at Paris the 4th of Februa-
ry^ N.S. and fent to Mr Burchett the fame ift of
February^ O. S. As alfo to another letter from Breft
o^ i\\t o^d o^ February^ N.S. fent from the Earl of
Sunderland'so^iCQ^ to the Admiralty the 14th oi Fe-
bruary^ O. S. giving a par[icular account of the
fame fquadron, and the ftrengih of ic, and that it
was ready to f-iil, and to another dated at Breft of
the 14th of February^ N.S. fent from Secretary
Harley to the Prince's Council the 24th of February ^
O. S. to the fame eife^fl.
Secondly^ As to the afiertion, That there was then
no greater ftrength to be had, it is to be obferved,
that a Dutch fleet of nine men of war, under the
command of Admiral Vandergoss^ had lain ^ox fome
time at PortfmGuth, and failed from thence the very-
fame day that Captain Griffiths, who comamanded^
this convoy, failed in the Swiftfure from the fame
place.
U orders had been given to Captain Grrljiths to
have kept company with the Dutch fquadron, there
had been a fufficient ftrength to have fiived all the
fhips under his convoy. But it appeared by the
examination of Mr. Jacob Henckell, Mr. Williairi
IVood, Captain Francis Cooke, and Captain Edward
Smith, two mafters of the merchant- fKips v/hich
went under his convoy ; and alfo by a letter of Cap-
tain John Hunt, another mafter, dated from Din ant ^
where he was then a prifoner ; that Captain Grif-
fiths was guilty of divers moft unaccountable delays
o^ o^ Plymouth, and thereby loft the advantage of
keeping the Dutch fleet company.
On the 23d of February, Captain Griffiths made
a flgnal of feeing 7 fhips, and afterwards of feeing
ij \ but inftead of m.aking the befl: of his way from
them.
204 Parliamentary A. 1708.
them, he lay by with an eafy fail (not fufFering any
of the merchants to go a-head of him) till thofe fhips
came within gun-fhot (although he could not but
difcern them not to be Englijh fliips long before,
and if they had been Englijh^ he had no occafion to
fpeak with them). When thofe fhips were come fo
near, they put out French colours ; and thereupon
the two men of war, the Swiftjure and Warfpight^
made all the fail away poffibly they could, leaving the
merchants-fhips, and Ihips with provifionsfor 6'/)fli«
and Portugal^ which Captain Griffiths had under his
care, to fhift for themfelves, and of 1 8 merchant-
fnips that were in the company, 13 were taken, fo
that moft of them did not efcape, as is afferted in
the anfwer.
It was alio proved. That thefe French (hips were
cruifiUg, and not going diredly to the iVeft-Indies^
as the anfwer aflerts, and that they kept cruifing all
together about nine days after this adion, and then
fent their prizes with five of their men of war into
Breft^ and the reft of the men of war continued
cruifing about 14 days longer, and then they alfo re-
turned to Breft.
It was farther proved, That the letter wrote from
Dinant by Captain John Hunt^ complaining of Cap-
tain Grtffiths^s behaviour, was by Sir Edmund Harrifon
and Mr. Henckell hid before the Prince's council, who
told them, they had been informed of the matter be-
fore, and were fending diredions to Li/hon to have
Capt. Griffiths tried ; to which Sir Edmund Harrifon
then objeded, that fuch a trial muft fignify very
little, fince no evidence could be had againft him
at that place.
Notwithftanding, there was an order fent in April
laft, for trying Captain Griffiths at Lijhon^ at a court-
martial. The Lords Committees having defired to
know what was done upon that order, have been
fince informed by a paper dated from the admiralty-
office to this efFeft, that he was tried accordingly -,
and
A. 1708. DEBATES. 205
and it is prefumed he was acquitted, becaufe he was
continued in his command : But the refult of the
court-martial is not fenc to that office ; and he who
aded as Judge- Advocate at the trial is fince drown-
ed. The fame paper goes on to fay, that the trial
was at the defire of the merchants, becauie there was
no evidence againft him at home.
Whereas it is obferved before, that Sir Edmund
Harrifon told the Prince's council, there would be no
CN^idence againft him if he were tried at LifDon,
The ninth paragraph of the anfwer relates to the
lofs of the Hampton-Court and Grafton men of war,
which, together with the Royal-Oak, and the mer-
chant- fhips under their convoy, failed from the
Downs the firft of Ma'j laft.
The anfwer affirms, that notwithftanding what
Mr. Dawfon{woTQ before the Lords, that he was told
at the admiralty-office the 29th of ^pril laft, that
the Dunkirk fquadron was gone weftward ; yet there
was no notice at that time of the Dunkirk fquadron,
otherwife than that they were in the Flemijh-Road:
Wherefore the three men of war, one of ^6^ and
the other two each of 70 guns, were judged a fuf-
ficient convoy from the Downs to Spithead,
Mr. Dawfon being ordered to attend the L.ords,
and acquainted with what was charged upon him,
did again affirm upon oath, that the Governor and
Committee of the Mufcovy company, of which he
was one, attended the Prince's council on Tuefday
the 29th of April laft, to know what convoy was
appointed for that trade j and being told by the
Prince's council, that one fourth and tv/o fifth rates
would be their convoy, the Governor and Com-
mittee reprefented their fears of danger from the
Dunkirk fquadron -, but were then told from the
board, they need be under no apprehenfion on that
fcore, for the Dunkirk fquadron was gone to the
weftward.
He
2o6 Parliamentary A. 1708.
He alfo mentioned many circum (lances, which
made him lb very pofitive as to the time j and ob-
ferved, that if the Committee had been told at the
board, that the Dunkirk fquadron v/as then in the
Flemijh-Road^ it was fo far from being an argument
to perfuade them to acquiefce with fo fmall a convoy,
that it muft have incrcafed their fears, that ftation
being equally proper for the fquadron to fail, either
to the northward or weft ward.
Sir Benjamin A^loff^ Governor of the Mufcovj.
company, and five of the Committee of the fame
company, iy'iz) Mr. Randolph Knipe^ Mr. Henry
Philip Mr. Jofiah JVadfworth^ Mr. Thomas Styles^ and
Mr. Samuel Heath cot e^ did alfo feverally depofe, that
they did attend the Prince's council the 29th day of
April laft, and then were told from the board, that
the three Hiips defigned for them were fufficient for
their fecurity, becaufe the Dunkirk fquadron was
gone wedward, and four of them (t'iz.) Sir Benja-
min Ajloff, Mv. iVadj worth, Mr. Stales, and Mr.
Phill, (wore, they believed Admiral Churchill was the
perlbn that told them fo, but as to that particular
they were not fo poficive.
This matter of fad: being dire6lly proved by fo
many perfons of unqueftionable credit, the Lords
Committees think, that by the reafoning ufed in the
anfwer, the Prince's council could not judge the
three men of war a fufBcient convoy, and confe-
quently ought not to have fuffered them to fail weft-
ward on the firft of Alay -, efpecially confidering,
that from time to time notice had been fent to
the admiralty- office, from both the Secretaries of
ftate, of the ftrength of the Dunkirk fquadron ; and
when it is fo fully proved, that they owned that
they had notice that the fquadron was gone weft-
ward.
The loth paragraph of the anfwer relates to the
complaint of the merchants touching the Rtfjjia fhips.
The
A. 1708. DEBATES. 207
The inftrudions to Sir H^illiam Wheifione^ of the
loch Q^June laft, take notice, that the DutikirkiQua.-
dron was gone northward, and that there was reafon
to believe they were defigned for the coaft of Nor-
way ', and that they would look out for, and endea-
vour to intercept the fleet bound to Rt^JJia for naval
(tores •, which made it abfolutely neccflary, that the
convoys to that trade fliould be (trengchned ; and
he is thereby direded to proceed with all the mer-
chant- fliips under his convoy , as far as the northermoft
part of the ifle of Shetland, and there to leave them
to profecute their voyage with their proper convoy.
The Lords m.ake this obfervation, that after fuch
intelligence, it appears very reafonable, that Sir
lVillia?n fVbelJio77e's orders fliould have been, to fee
a fleet of fuch confequence out of danger before he
Jeft them.
The Lords Committees do think it neceflTary to in-
form the houfe, that Captain Nenycn Majiers, Com-
mander of the fliip Nenyon and Benjamin^ made oath,
that on or about tne ninth day of July laft, his fhip,
together with about eleven or more En^afh fhips,
were unfortunately taken in their voyage to Arch.
a?7gelhy the Chevalier Fourhin\ fquadron, confifl:ing
of feven French fhips of war : That his fhip v/as the
firfc taken, and he was immediately carried on board
Monfieur Fourhin, who demanded of him what num-
ber of convoys the Englijh fleet bound for Archangel
had with them. He anfwcred, twelve iail : To
which Fourhin replied, he fpake what was falfe, for
there were only three fhips of war convoy to the
EngliJJj fleer •, Fourbin then declaring, that he knew
Admiral V/heiflone with his fquadron came with the
fleet no farther than the ifle of Shetland, and then
returned back again.
As to the nth head of the anfwer^ refpeflingthe
merchants com.pkint of the weakncfs of (he con-
voy fentfor conducing the King oij^ortugal's horfes
and
2c8 'Parliamentary A. 1708.
and the trade to Lifhon, the Lords Committees do
only make this obfervation, that the fleet having
lain at Spithead for many months, whereby the ene-
my had an opportunity of knowing the value and
confequence of it, and notice being taken in the or-
ders to Capt. Edwards of the 7 th of September^ ^1^1 1
of a fquadron of the enemies fhips cruifing betwixt
Scilh and UJhant^ and notice being alfo taken in the
orders of the 6th of O^oher to Sir John Leake^ that
Monfieur Foiirhin was failed from Breft with feveral
, fhips, and was to be joined with others, it feems
very unaccountable, that at laft fuch a fleet fiiould
be fuffered to fail without a greater fl:rength.
The 13th, 14th, 15th, and 1 6th paragraphs of the
anfwer, relating principally to the former depofition
of Mr. Jacob Henckell^ the Lords Committees ordered
him to attend again -, and he was farther examined
in relation to the fads mentioned in the anfwer.
He defired to obferve, that the 13th paragraph
made him fay what was not in his depofltion ; for
he did not fay, the corn-fhips were ready to fail in
July and Augujl^ but, that a great quantity of corn
was bought in thofe months.
If any thing was concerted at the Hague^ that the
fhips of the States- General fliould call at Spithead^ to
take our merchant-fhips under their convoy, it was
fl:range no notice fliould be given of io good an
agreement, that fo the merchants might have difpo-
fed their affairs for taking the benefit of it, efpecial-
ly when he and oiher corn- merchants very frequent-
ly applied to the Prince's council, to know when
they might expe6l a convoy.
As to what is faid of the great number of convoys
which have gone between England and Portugal fince
Aprils ^703. Whereas the Dutch have feldom fent
above one convoy in a year, and the inference made
from thence, that therefore it is not probable the
King
A. 1708. DEBATES. ^6$|
King of Portugal's magazines and armies fliould be
fiirnilhed from Holland.
Mr. Henckell ftilJ affirmed the fafl to be fo aS he
had formerly fworn, and that at the very time of his
examination the Portuguefe have great quantities of
corn (hipped in Holland^ and though the Dutch have
not fent fo many convoys as have gone from England^
yet they go at Certain and proper times, by reafon
whereof their corn arrives in a good condition 5
whereas the unaccountable delays and uncertainties
of the Engli/h convoys, have been the occafion of
great lofies to our merchants, and great difappoint-
mcnts to the Portuguefe,
He alfo took notice, that of the many convoys
enumerated in the anfvver, feveral of them were
fleets or fquadrons of men of war, of which the
merchants had no notice, nor were allowed to have
any benefit, as appeared by the 14th head of the
anfwer, relating to the fleet that failed with Sir
Cloudejly Shovel.
In the 14th head of the anfwer, rhuch weight
feems to be laid upon this, that the Najfau did not
arrive at S pithead till the 20th of O^ober^ whereas
Mr. Henckell in his complaint had fworn the Najfau
came to Spithead the 18th at night, the fame day the
convoy failed from thence. To clear himfelf, Mr.
Henckell produced two original letters figned by Cor-
nelius Collies his Captain, written from Portftnoutb^
the one dated the i9fh of O^ober^ which fays, the
ISIaJfau came too late for the convoy, but was at that
time at Spithead \ and the other dated the 2 5ch, v/hich
fays exprefsly, the Naffau came to St. Helens the fame
night the Lijhon fleet failed. Mr. Henckell 2i9rivn-\td
alfo, that he had other advices which fully Verified
what he had faid in his former depofition, as to
the Najfau's arriving the i8th at Spithead.
Mr. Henckell hnher faid, that the convoy men-
tioned in that paragraph of the anfwerj conGfting of
Vol. Y. P four
PaRLI AMEN TARY A. 1708.
four fhips of war, which is there faid to have failed
the 1 8 th o^June^ does appear by the paper marked
F, (to which the paragraph refers) ta be a convoy
that failed from Portugal that day, and fo does not
contradid: what the merchants had infifted on in
their complaint, that there was no convoy for For-
tugal between March and O^ober, a homeward
bound convoy being miftaken in the anfwer for an
outward bound convoy, and confequently it was no
contradiction to what the merchants had affirmed :
And though in the i6th paragraph of the anfwer it
be aflerted, that the three fhips appointed for con-
%^oy to the Portugal fleet, were at that time thought
a fufficient convoy, Mr. Henckell f wears, the Prince's
council (by the reafoning of the merchants before^
them) was convinced of the contrary, at the timethei
convoy was fent, and did then pretend no other rea-
fon for their not flrengthening it, but want of Ihips.
And he defired to refer particularly to the remon-
ftrance of the loth of O^ober hi^, which wasdeli^
vered at that time by the merchants to the Prince's
council, and is now lying before the houfe ;
whereby, in very ftrong terms, they reprefented
their many follicitations without efFe6t, the great
delays they had met with, and their great fenfe
of danger, if they fhould proceed without that
convoy, as well as of their certain ruin by any far-
ther delay.
\>,K)K^ifli^
The 17th head of the anfwer fays, that the fhips
which the merchants fjppofed lay idle at Portfmoutb
fo long, were under orders for particular fervices,
as appears by the paper marked G.
Upon confideration of this paragraph, and of the
paper marked G, to which it refers, the matters of
fad, whereof the merchants did complain, feem,
in effedl, to be admitted to be true *, and the fervices
for which it is alledged the fhips were defigned, do
not appear fo preffing, but that fome of them might
have
!i5S^7oSk DEBATES. 211
have been employed to heJp the merchants in their
great extremityoria y^ i^aqqe aaob
As to the 1 8th head, which relates to Mr Coward's
complaint of the long detaining of his fhips let to
freight to the Commiffioners of vidualling 5 the
anfwer fays, it is not doubted they were taken up ac
fo much a month freight, and the owners will be
paid for the time they have been employed, accord-
ing to the agreement made with them.
it Mr. Ctf^<^r^ depofed, that his fhips were not taken
by the month fas the anfwer alledged) but the con-
tradt was at three pounds a tun, diredlly for Ja-
maica^ which might have been performed in Ctven
or eight weeks : Whereas, by means of the devia-
tions complained of, they have been detained ever
fince the 15th of November, 1706, and were yet in
Ireland zx. the time of the complaint, whereby the
fhips are ruined, and he left at mercy, as to any
fatisfa<5bion.
I -The 19th paragraph of the anfwer takes notice^
Row far Mr. Palmer had forgot himfelf, and impofed
upon the Lords in his depofition, for that the Litch-
field did not arrive at Portfmouth till the 7th of June \
whereas Sir Cloudefiy Shovel was off of Li/I^on the
9th of Jufie ; and therefore it was not pofTible
that the Litchfield prize fhould have joined him ac
Plymouth.
•n Mr. Palmer being examined as to this particular,
faid, diat in the complaint it was alledged, the
Litchfield prize came to S pithead the 7 th of July^ noc
of June^ as it is repeated in the anfwer j but he
owned his miftake in faying. If the Litchfield prize
might have proceeded to Plymouth^ the corn- (hips
might have joined Sir Cloudefiy Shovel's fleet •, where-
as he meant to have faid, the tranfport- fleet, which
at that time lay at Plymouth bouM t9 Portugal,
# P z'" To
Parliamentary A. 1708.
To fhew that it was a meer miftake, he produced
to the Lords three original letters from Port/mouthy
wrote by his mafter Sa?nuel Riccard, dated the 7th,*'
1 2 th, and 28 th of July y which mention the tranfport-
fieet, v/hich had lain for a confiderable while at.
Plymouth, and (as thofe letters fay) failed for Por-
tugal about that time.
The 20th paragraph, affirming that the article in
the Gazette of the 8th of May, 1707, which the mer-;
chants had produced, was very ignorantly and unad-
vifedly inferted, the fact being entirely wrong ; the
Lords Committees thought fit to be informed, how
that paflage came to be put into the Gazette -, and
upon examination it appeared, that Mr. Stepney the
1 2th of May N. S. Wrote a letter from Antwerp to^
the Earl of Sunderland^ at the follicitations of fome
confiderable traders there, reprefenting the hardfhips
they lay under for want of a convoy from Oftend,
(though it had been promifed, and feveral times no-
tified on the Exchange of London) to their great lofs
and difcouragement, and what was like to have an
ill influence on that trade, which was in a way of
being better eftabliflied than ever ; and that after-
ward upon the arrival of that fleet at Qftend, Mr.
Stepney wrote another letter to the Earl of Sunder-
land, dated the 14th of May ^ N. S. the very words
of which fccond letter are thofe tranfcribed into the
Gazette.
The complaint of the merchants in relation to the
Virginia trade confided of many particulars ;' none
of which feem to the Lords Committees to be an-
fwered or e:r.cufed, by what is alledged in the 2 2d,
23d, and 24th pai-agraphs of the anfwer, nor by the
paper marked H. to which the i^d paraeraph does
refer. '-'■' ' ^'^ ^§^^^^ ^^^ 'S V^-l "^
The 25th and 26th paragraphs of the anfwer,
which relate to the complaint of Mr John Wood, ot
I the
J',^.' ^
^^^.-'-^-^^ E B A T E S. 213
he difficulties and delays he met with in getting his
refftlSi loaden with corn, to Portfmouih^ containing
lothing in particular, befidesone matrer of fadt, -y/z.
rimt the Charles galley and the Gofport^ the two
:6nvoys for the corn-fhips to Spilhead^ were fo far
"rom running from the trade, (as was falfly and
nalicioufly infinuated by Mr. IVood) that they kept
he merchant- (hips company, and brought them
afe to Spithead^ as the Captain of the Charles galley
nformed the Prince's council by letter.
Mr. John Wood being fent for, and charged with
his matter, produced two letters, which he made
)ath were fent to him from Portfmouth^ by Captain
Edward Friend^ the mailer of one of the corn-fhips ;
he firft dated the 2 1 ft, and the other the 2 2d of June
aft, wherein it is exprefsly affirmed, that about eight
3'clock in the evening, the Commander of the con-
voy fent his boat aboard the merchants, to tell them
the news, that the Dunkirk fquadron was at fea,
and at the fame time to let them know that the con-
voy will take no farther care of them, but would
make the beft of their way to Portfmouthy and the
merchants muft fhift for themfelves. ,^, |,^, ,
Captain John Falkner^ the Mafter of the Mary'^zri'
other of the fhips from Shoreham, made oath, that the
Commander of the convoy fent his boat aboard the
merchants, to tell them, that he had advice of a
French fquadron, and that they muft fhift for them-
felves, for they would take no care of them, but
would make the beft of their way to Port/mouthy and
he fwore the convoy was as good as their words, and
made away with all the fail they could, and got
in thither a confiderable time before the merchants,
who were in very great danger of being taken,
having been chafed at leaft eight hours by a French
privateer.
The fame Captain did, upon his oath, confirm
what Mr. IVood had before alledged, that for full fix
months, while he lay at Shoreham^ the French priva-
P 3 teers
rARLIAMENTARY A. I70&.
teers did continually cruife on the coaft in confidera-
ble numbers ; but in all that time he could never fee
or be informed of any man of war cruifing to pre-
vent or intercept them.
As to v/hat is faid in the anfwer, that the men of
war who fail eaftward or weftward, have always
diredions to ©all at feveral ports in the way ; Mr.
IVood added to what he had faid before, that if
they had fuch orders, it was ftrange not one of
them (hould ever appear off of that harbour in CiK
months time. ^■^^' ^^o^^-
Tfie^27tfii paragraph of the anfwefrelates't^Ptfe-
chants complaints of the many and great lofles of
fhips off of Beachy^ and upon the Englijb coaft in
their return home.
What this paragraph fays^ %^,' that thefe fhips
were runners, and fhould have put into Port/mouth
t.iji they had an opportunity of convoy j but when
the merchants fhall leave off trading in thefe gallies
or runners, (which are fubje6t to many misfortunes
by going without convoy ) it is ta.be hpped their
lofles will be Ms. . ,;: .^ :''^^''?'^ '^^^^ "^^^
Their Lordfhips cannot think it ttrahge, if the
merchants are very unwilling to put into Port/mouthy
in hopes of convoy, after the inftances given by
them of their fhips lying there for many months,
in vain expeftation of men of war to convoy
them. ^^^ ^J>
As to the propofal for the merchants leaving off
to trade in gallies, "in expeftation of convoys : The
Lords Committees obferve, the ufe of this kind of
veffels was taken up during the late war, and has
been continued ever fmce with very great fuccefs
till within two years laft, during which time there
has been in a manner, a total negledl of having any
cruifers in the Channel or Soundin^s^ or any m^n of
war to guard the coafts. : "5^^^ *^^^*^
Ther^
A. 1708. DEBATES. 215
Thefe Ihips are built for failing, and alfo to row
with oars, and carry no more goods than are proper
for failing, and carry twice the number of men to a
common failing fhip, and are of force from 1 6 to
40 guns, ^^^^v -n.v/i^ J .,..
^ There is no convoy granted to any trade withm
t|se Streights but to Turkey only, which is never above
pnce in the year, and muft be acknowledged to be
too feldom to anfwer the occafions of the traders
to Leghorn^ Genoa^ Venice^ and other places in
thofe feas.
If therefore the ufe of gallies or fingle ihips be
laid down, (for if any fingle (hips be ufed in trading,
it will be granted, the gallies are better failors, and
have the advantage of any common-built fhips) and
all the Mediterranean trade is to be carried on by
^convoys, that whole trade will be in a manner loft
to England, efpecially in refpe6t to filh, and other
perilhable commodities •, and would be foon felt in
a very heavy manner in all parts of the nation, the
great confequence of that trade fully appearing by
the merchants proofs fet down in the report made
upon their petition.
^. It is neceflary for the fafety and honour of the
liingdom, and of all manner of trade whatfoever,
that the Channel and Soundings be well guarded ; and
jf this be done, the traders in gallies own they have
riio reafon to complain.
The enemy have not altered their way of making
war by fea : They always endeavoured to infeft our
.^de by their privateers, to as great a degree as they
could *, but it muft be owned, that of late they have
had greater fuccefs than ever, and the great encou-
•^^J•agement they met with, (the fea, in etFe6t, being
laid open to themj it is too probable will foon in-
qreafe their numbers.
V The merchants do infift, that the lift of 1146
Ihips, given in by them, does not contain all their
lofles during this war, but, in a manner, fuch only
P 4 as
5-i6 Parliamentary A. 1708.
as have been taken in the Channel and Soundings^
within two or three years laft, and principally fuch
as do belong to the port of London.
They have already had an account of 34 flijps
^aken in the Channel and Soundings^ fince they made
iheir complaint to the houfe of Lords •, of which
'ihips they delivered a lift to the Committee, and
affirmed, that thelofs of thofe fhips, by a modeft
Gomputation, amounted to above 17000/. They
afHrnied, that befides thofe named in that laft, feve-
ral other rich (hips are miffing, and many of them,
they fear, have met with the fame fate, the Channel
and Soundings being infefted with the enemy's men of
war and privateers as much as ever. The neutral
fnips which come into the ports of Britain^ declaring
that they have been boarded by them in thofe places
feveral times in a day. m lol nsvig emul alof]
The anfwer (as to what concerns Mr, Benjamin
JF^)i) faysexprefsly, that matter was not complained
of at the admiralty-office before it was brought to
the Lords.
This feems very ftrange, for it appears plainly by
the two letters marked J and K^ referred to in the
anfwer itfelf, and fent therewith to the Lords, that
both of them were written upon occafion of a com-
plaint made by PFay to the admiralty, and are only
copies of the very fame letters which were annexed
to ff^ay's complaint to the Lords, and were fent
pgether with the Lords report to the Lord High
Admiral.
This is what the Lords Committees have humbly
to offer to your Lord fhips, in relation to fo much of
the anfwer as concerns the merchants complaints.
The remaining part of it feems entirely foreign
to the fubjedl of the report, containing only an un-
neceflary comparifon of the management of the na-
v^l affairs in this and the late war ; fmce any faults or
errors, which might have happened at that time,
Woyld not lefTcn ;he rnisfortunes of the merchants.
A. 1708. DEBATES. 217
or juftify any wrong condud at prefent. But the
Lords Committees think themfelves obliged to lay
before your Lordfhips, feveral very plain miftakcs
which they find in this pare of the paper.
In the Firfi obfervation it is afferted, that the
Parliament has not, in this reign, given one farthing
of money for the building of (hips ; and that in the
laft war there was about four millions given for that
and other extraordinary fervices, and yet the royal
navy was lefs in ftrength at the end thereof, than
at the beginning, by twenty fliips of the line of
battle.
This is fo far from being a right Hate of the cafe,
that in this obfervation there appears at firft fight, a
miftake of no lefs than three millions in four, the
whole fums given for building of (hips in the laft
war not amounting to one million.
This, in effed, was afterwards confefied in a fe-
cond paper fent from the Admiralty-office, of the
28th of Januar'j^ i707i by way of explanation of a
former paper delivered to the Lords Committees
from that office.
3£dn this fecond paper, notice is taken of the num-
bers and rates of Ihips provided for by Parliament,
and the days are fet down when the money was vo-
ted for them, but the fums are omitted, which would
have too plainly contradi(fled the aflTertion, that four
millions were granted.
The true ftate of that matter will appear by the
forementioned fecond paper, if the fums be added,
as the fame are fet down in the firft of thofe papers
from the Admiralty-office, and is as follows.
' nu ylno gninifi >qDi. ad
There
rate
8.
79308
00
00
rate
4-'
70000
138424
00
00
00
00
rates
I
65835
18
11
011576
08
II
218 P A R L I i M E I^ T A R V A. I.708;
^dl» tot noi>iv6id 9di i3v{ .gqjffi lo §ni
5' There was given for building fhips. ^srf ,l£i
10 O^oteft 1690, of the 3d rate No. 3. 88008 lo 00
i^Decemh. 1690, of the i ^ , i rates} 7' t 570000 00 00
•iz Decemh. iSgz, of the 4th
^^emorandtim^ That the j excife which was given for
S'- 570000/. did produce but S426iy L lis. ^id,
3^ of which there has been paid for building the 27
"*' fhips 453591 /. 1 9 J. and to other ufes 2 90^5 [|.
12s, 2 id. :}bi^dlr
"^^ Thefe were all the fums granted by Parliament for
building fhips during that whole war : The other
fums fet down in the firft paper, which makes the
whole amount to 4579571 /. 45. 2 id. were either
^for the ordinary and current fervices of the navy, as
fe'amens wages, vidualling, &c, or for fuch parti-
cular ufes as had no relation to the building of fhips,
futh as the payment of marine officers, regifter of
feanien, Csft-.
-^^ The fecond miilake in this obfervation is, that
"fhe royal navy, inftead of being lefs at the end of
the late war by 20 fhips, than it was at the begin-
Wng, was increafed by 113 fhips and vefTels, of
which 39 were of the line of battle, befides 21 fhips
which were building on the 30th of December, 1697,
whereof 13 were of the line of battle.
And though in the fame obfervation it be alledged,
that nothing has been given in this reign for build-
ing
A. i7o8> D E B A T E S.. 219
ing of fhips, yet the provifion for the navy in gene-
ral, has been much larger in this war than in the
Jaft ; for in this reign there has been granted for the
ufe of the navy (including the ordinance for fea-fer-
vice, and the fums voted for the fervice of theyegr
1708.) the fum 15366867 /. 175. 10 d. ^^^^^ _
Whereas all the fums received by the trealureirs
of the navy, between the 5th oi November^ 1688, and
the 30th of September^ 1697, (including the money
given for building (hips) only amounted to the fum
of 15 136898 /. I i. 5 J.
It may be alfo obferved, that in the year 1698,
there were 105 (hips of the line of battle in thorough
repair -, whereas it appears that on the 6th o{ Decern-
her^ 1707, three firft rates, eight fecond rates, fix
third rates, and two fourth rates, wanted rebuilding
or great repairs, which confidering the nature of the
fhips, makes a great part of the ftrength of the line
of battle.
o^The Second obfervation takes notice, that the
number of the fhips of the navy of France^ taken
or deftroyed by her Majefty's fhips this war, does
much exceed our lofTes, as appears by the papers
marked L and M^ wherein there is no mention of
the French fhips deftroyed by the fhips of the States^
General.
The Lords Committees take notice, that by the
paper L, it appears the greateft number of the ene-
mies (hips, and thofe of the greateft confequence,
were taken or deftroyed in the harbours of Vigo^ Gi-
hr alter. Offend, at the two firft of which places the
fhips of the States-General afTifted. ^.» ;,H ,
And that during the war, only 25 fhips of all
forts have been taken or deftroyed by cruifmg fhips
at fea, and of that number only five fhips from g>o
£0 60 guns. _. :].- '. .-..., .:.:: :. -.,. ^, ,,,r,,i.,y.
>^ll.^ 9d 31 fioi?BVT3)do 3fril: arb ni rlguorfj bf^ h
220 PAIM.IAMENTAR Y A. I708.
By the paper marked Af, it appears that the niirri-
ber of her Majefty's fhips and velTels taken and de-
llroyed by the enemies, during the prefent war, are
^5, thirteen whereof are fhips of the line of battle,
from 50 to 80 guns.
«^-The Sixth obfervation is, that in the laft war, the
trade of the nation had the misfortune to lofe near
4000 (liips.
This appeared fo very ftrange to the Lords Com-
mittees, that they fent to the Admiralty-office to be
informed if there was any lifts of thofe fhips, or
what grounds they had for making that affertion.
The anfwer fent in return to this meffage was- a
printed paper without any name of the author or
printer, in which are thefe words : ' It is generally
*-' allowed, that the number of fhips and vefTels mif-
^i^carried fmce the war, does not fall fhort of 4000.*
Upon confideration of this paper, it appeared to
be a libel written as a pretended anfwer to an ac-
count publifhed by authority in the year 1695, of
what men of war and privateers had been taken
from the French from the beginning of that war •, and
It contains in it not only fcandalous refledlions upon
the Parliaments of that reign, but notorioufly falfe
reprefentations of matters of fa6l, which might,
have eafily been known to be fo at the Admiralty-
office ; and therefore it feems very ftrange, that fach
a libel ffiould be offered as a proof to the Lords, in
an anfwer which is fuppofed to come from that
ofnce. ^' '^- ii...>.v. .^: ■... r- r,Lj.-ji^i uju^ ■...:.-; -^ -•:5
But as\^afi'e^idertoe that th^i^e ^^H 1bfe'ii()"f6uhdk-
tion of truth for this affertion, the Lords Committees
offer to your Lordfhips confideration, that the num-
ber of Engltjh prifoners who have been returned from
France^ from the beginning of this war to Decemher
laft, amounted to 18011, and there then remajned
in France 2000 more, whereas the number of £w^/{/^
prifoners returned from France^ from the beginning
of
A. 1708. DEBATES.
of the Jace war, until the 24th day of 7««i?, 1698,
did amount to no more than 15250.
And it is not probable, that the Ihips taken in the
former war, (hould be fo many more than thofe
taken in the prefent (as is pretended) when the prj*
foners are fo remarkably fewer.
To the latter part of this Sixth obfervation. That
during the lafb war, we had the ports of lyp^/w, as
well as thofe in the Spanifh Weft- Indies^ open to fecure
our ihips, not only from the enemy, but from bad
weather.
The Lords Committees fay two things: Firjl^
That till now, they never heard that the ports in the
SpaniJJj IVeft' Indies y were at any time open to fecure
£»g///^ men of war or merchant-fhips.
•'■S^condfj^y That the many great lofifes complained
of by the merchants, appear to have been in the
Channel and Soundings^ and confequently the Spanijh
ports, though open, would have been no very effen-
tial countenance and prote(5lion to them.
*- We having thus performed what wetak^^our
* felves to be indifpenfibly obliged to, cannot doubt
* but it will be gracioufly accepted by your Majefty^
* as coming from moft dutiful fubjecls, who fin-
*, cerely wifh they may never have occafion hereafter
' of making addrefies to your Majefty, but to con-
' gratulate your fuccefles, or to return our humble
* acknowledgments for the bleffingsof your reign.
V.We befeech your Majefty to believe. That none
* of your fubjedls do exceed us in true refpecl to his
* Royal Highnefs the Lord High Admiral : His
* great perfonai virtues require it, and his near rela-
* tion to your Majefty makes it our duty : And as we
' do not mean that any thing in this addrefs (hould in
'the
^22 P A R L 1 A M te n T ;a r y A. 1708,
* the leaft refle<5^ upon him, fo we are very well af-
' fured, his Royal Highnefs will never fuffer other
* perfonsto proted themfelves under his name, from
* a juft puriuit of fuch faults or neglecfts, as imme-
* diately tend to the.ruin of trade, and.the%^uc-
* tion of Bntain,-yi ^n\k\t:>iib ^b^Lsjoiq ^b^ii 3d3 ^
a.?:. There cannot be a plainer proof, that fome per-
« fons employed by the Lord High Admiral, have
* made the worft ufe imaginable of the truft he ho-
* nours them with, than in their prefuming to lay
* fuch an anfwer before the houfe of Lords in his
* name. .^bioS yM
* For (not to take notice of the many things w'Blch
^ in the fecond report have been already laid before
* your Majefty) throughout the whole paper, there
* is not the leaft hopes given, that for the future, any
* better care ihall be taken of the trade *, on the
* contrary, the whole turn of the anfwer feems to be
* intended for expofmg the complaints of the mer-
* chants, rather than pitying their loffes. W^ are
' fure nothing can be more remote from the good-
* nefs and compafTion of the Lord High Admiral^s
' temper, and the tender regard he has always fhewn
* for your Majefty's fubjedts. j tli .^ill.nO
^'^■■- \o
May it pleafe your Maje^iy^ ^'i:'
* It is a moft undoubted maxim, That the honour,
* fecurity, and wealth of this kingdom, does depend
' upon the protection and encouragement of trade,
* and the improving and right managing the naval
' ftrength. Other nations, who were formerly great
' and powerful at fea, have by negligence and mif-
^ management loft their trade, and feen their mari-
* time ftrength entirely ruined. Therefore we do in
* the moft earneft manner befeech your Majefty, that
* tJie fea affairs may always be your firft and moft
* peculiar care. We humbly hope that it (hall be
* your Majefty's chief and conftant inftrudtion to
* all, who ihall have the honour to be employed in
* your
A-J7o8- DEBATE S. 223
*lyour Councils, and in the adminiflration of affairs,
<^3thac they be continually intent and watchful in what
^iiCODcerns the trade and fleet j and that every one
^ 3trf;them aiay be made to know it is his particular
* charge to take care that the feamen be encouraged^
« the trade protedled, difcipline reftored, and a new
^ fpirit and vigour put into the whole adminiftration
S^jof the navyi^ &giH dio.j 's.Bnol.^
Her Majefty's moft gracious anfwer to the addrefs.
em nJ ;^;jiv -^r ^
My Lords,
TfVill take care to make the moft ufeful olfervations on
the feveral particulars contained and referred to in
your addrefs.
It was always my opinion^ That the encouragement
of trade and feamen^ and the good management of the
navy^ are of the. gr^ateft importance to the profperjty
of this kingdom, LiQn\o J. :irb a^in; -
And therefore you may he affured^ I will ufe my ut^
7noft endeavours to encourage all thofe whofe,ditty.ij^Js,
effeBually to perform thofe fervices. t.,)Mi^^n -
On the I ft of April her Majefty came to the houfe
of Peers, and after pafling feveral a6ts, Ihe made
the following fpeech to both houfes.
bri:> My Lords and Gentlemen^
I Cannot conclude this fefllon, without acknow- The Queen's
ledging the wife and fpeedy provifions which \^^XZi<&
you have made for the publick fecurity.
-4:rn . ,.
-1^,^17 Gentlemen of the houfe of Commons^
I am alfo to thank you in particular, for the large
and timely fupplies, which you have provided for
the effedual profecution of the war ; I affure you
they fliall be carefully and pundlually applied to
ihe ufes for which they were appointed.
224 PAJ^LIAMENTAkY A. 17084
My Lords and Gentlemen^
I take thefe (efpecially at this jundure) to be
fuch undeniable proofs of your ZcslI and affedtion
to my fervice, as muft convince every body of
your doing me the juftice to believe, that all which
is dear to you, is perfedly fafe under my govern-
ment ; and muft be irrecoverably loft, if ever the
defigns of a Popifh Pretender, bred up in the
principles of the moft arbitrary government, Ihould
take place.
1 am fatisfied, that very falfe reprefentations of
the true inclinations and interefts of my people
muft have been made by fome of my fubjeds, who
have given encouragement to this del'perate attempt ;
fmce without fomething of that nature, it feems
very little confifting with the ufual precaution of
our enemies, to hazard the expcnce ol fo vain and
ill-grounded an undertaking.
However it is certain, we muft be all inexcufa-
ble, if we do not take warning from this attempt,
to compleat what may be neceflary for our fecurity
at home, and the dilbouraging the like for the future;
to which, by God's blefting, nothing fhall be want-
ing on my part.
And to the fame end, I muft recommend to you
at your return into your countries, to ufe your ut-
moft care and diligence in putting the laws in
execution againft Papifts, and all others difafie(5led
to my government, and in making them pay to*
wards the publick taxes, to the full of what the
law requires from them : Nothing being more rea-
fonable, than that they, who by their principles
and pradlices, encourage (if not actually foment)
fuch difturbances, fhould doubly contribute to the
charge of quieting them, and fecuring the king-
dom's peace ; and fhould know themfelves on all
fuch occafions to be refponfible, for the many in-
conveniencies that may enfue.
7hsn
A. 1708. DEBATES. 225
Then the Lord Chancellor, by her Majeftfs com-
mandj /aid,
M-j Lords and Gentlemen^
HER Majefty's royal will and pleafure Is, That Parliament
this Parliament fhould be prorogued to riief- p^^^^s^^'^'
day the thirteenth day of this inftanc April ; and
this Parliament is prorogued accordingly to Tuefday
the thirteenth day of this inftanc April. But this
Parliament having, from the firil: fitting of it in
England^ compleated three feflions •, her Majcfty, DifToived.
by her proclamation of the 15th, was pleafed to
difiblve it -, and to iiTue out another on the 2 2d, to a new one
call a new one, the writs were to bear tcfte on the ^*^'^^'^'
26th, and returnable on the 2S!:h of July,
TH E new Parliament having met on the 1 Sth
of November^ nothing material happened in
it till the 3d of December, when the houfe of Com-
mons taking into confideration that part of the a<51:
for uniting the two kingdom, which relates to the
election of members to ferve in that houfe, for that
part of Great- Britain ca]kd Scotland -, and having Debate in
heard counfel ; and the petitions and reprefentati- e^^t^m^nV^
ons relating to the incapacity of the eldell fons of about the
Scotch Peers, to reprefent the Comm.ons of Scotland l{^^^ ^l^^^
in the Parliament of Great- Britain, being read, fi"ing there.
The lubftance, both of the Counfel's arguments,
and of thofe reprefentations, was, That by an Arguments
acSi: of the 5^(7/^^ Parliament, intituled, An a^ for ^"'^^'''^ '^'
fettling the manner of ekofing fix teen Peers, and forty-
five Commoners, to reprefent Scotland, in the Par-
liament 0/ Great-Britain •, which a6l was ratified by
the A^ for uniting the two kingdoms, it was declar-
ed, T^h at none fh all he capable to ele5t, or he ele5fed,
to reprefent a fhire or hurgb in the Parliament of
Great- Britain, for that tart of the united kingdom^
Vol. V. Q^ excqt
226 Parliamentary A. 1708.
except fuch as were then capable^ to eleEi or he ele5ledy
as Cotnmtffioners for /hires or burghs to the Parlia?7ient
of Scotland. That from hence it evidently follow-
ed, that the Scotch Peers elded fons could not fit
in the houfe of Commons of Great- Britain^ unlefs
it did appear, that they were capable to be elecfled,
and to fit as members of the Parliament of Scotland \
but, as a proof of the contrary, feveral inftances
were alledged of their being always rcjeded by the
Parliament o^ Scotland -, and, in particular, the Vif-
count Tarbat's eldeft fon, in the year one thoufand
fix hundred eighty nine. That t\\t fundamental law
of the Union had moft exprefsly referved to the
Commons of Scotland^ that valuable privilege of
eleding their reprefentatives in Parliament, from
among the beft qualified Gentlemen of their own
number and (late, in the fame manner as they had
formerly ufed to do. That in eleding members of
Parliament, the choice of the ele6lors ought to be
made as free as is poffible from the influence either
of bribes or threats -, and, in juftice, fhould only
be determined by the honefty and candour of the
perfon to be chofen ; that his character be fuch as
promifes a fliithful difcharge of fo great a truft :
And that his inclination be accompanied with a
fufficient capacity to ferve the particular intereft of
his conftituents, as well as the general interefl: of
his country. But that few in Scotland could be fup-
pofed to be in a condition to maintain this cha-
ra6ler, the Commons there being furrounded with
a numerous and powerful Peerage \ who, like fo
many fovereigns, judge and determine, within their
refpe6live bounds, in criminal as well as civil
matters, being veiled with vaft fuperiorities and
heretable jurifdiclions ; fo that no Conimoner hold-
ing any part of his lands of a Peer, or indeed be-
ing in his neighbourhood, could be reckoned at
liberty to make a free eledjon of his reprefenta-
tive:
A. 1708. DEBATES. 227
tive : So that the Commons of Scotland^ whereof
the majority of their Parliament confided, had in-
vincible arguments for preferving entire to them--
{t\vts^ that necefiary privilege of excluding their
Peers eldefl fons, from being members of that houfe.
That if the Parliament of Scotland, which confided
of Peers and Commoners, fitting together in the
fame houfe, enjoying the fame liberty of fpeech,
and the fame common privilege, and judicative ca-
pacity, being alfo reftridtcd to the fame rules and
forms, had fo many weighty reafons for excluding
their Peers elded fons, how many more arguments,
of greater moment, might be urged in the houfe
of Commons of Gr^^/-^n7i^f«, who fubfided a fe-
parate and didindl houfe from the Peers j enjoy-
ing, by themfelves, fo many valuable privileges
and immunities, which could not be encroached
upon, or fubjedled to a houfe of Peers, without en-
dangering the whole conditution of the houfe of
Commons ? And, in the lad place, that England
and Scotland being now united, and their intercds
infeparably joined, it ought to be a maxim with
all true Britons, that the liberty of the Commons
of Scotland, will always be an advantage to thofe
of England ; and that the (lavery of the fird cannot
fail ending in the dedrudtion of the latter. Little
was offered, on the other ^\6q, againd thefe argu-
ments ; fo that the quedion being pur. That the The Peers o^
eldeft fons of the Peers of Scotland were capable by fijeft fons
the laws of Scotland, at the time of the Union, to declared in-
ele^ or he elecfed, to reprefent any fhire or borough in J^n^the houfe
Scotland, to fit in the houfe of Commons of Great- ^^ ^^"f^-
B- • • rr J • 1 • -^ moos.
ritain, it palled in the negative.
Three days after, the Commons ordered their
Speaker to iiTue out his warrants to the Clerk of
the crown, to make out new writs for the elefling
CommifTioners to ferve in this prefent Parliament
for the (hire of Aberdeen^ in the room of William
Q^ 2 Lord
228 Parliamentary A. 1709.
Lord Haddoy fon of the Earl of Aberdeen ; and for
the fhire of Linlithgow^ in the room o{ James Lord
Johnftowny fon of the Marquefs of Annandale \ who
being eldeft fons of Peers o^ Scotland ^ were declar-
ed to be incapable to fit in that houfe.
The houfe of Peers, on the 24th of Januar'j^
having fummoned their members to attend, took
into confideration the ftate of the nation in relation
to the late intended invafton of Scotland-, and the
Lord Haver/ham opened the debate with the fol-
lowing fpeech :
My Lords^
HaL]^^'^ T ^^^^ ^ greater refpe^l for your Lordfhips than
jjblZ7 X to keep you in any expedation ; there is no-
fpeechinre- jhing I Can fay, I am fure, can in the leaft de-
lation to the r '
Scotch mvsi' lerve it.
fion.
My Lords,
When the campaign was at an end, when a land-
tax lay on your table, when the due refpedt had
been paid to that forrow, in which we all bear a
part, when the feflion of Parliament was fo greatly
advanced, and a long recefs fo near at hand, I
thought it might be a proper time to put your Lord-
Ihips in mind of the late intended invafion ; and the
rather, becaufe an inquiry into this feemed to me,
to be what the nation expe5fed, and what I have
obferved, even thofe who have differed in their
thoughts about it, yet unanimoufly defired ; but a-
bove all, becaufe it is a matter, in which not only
our welfare and happinefs, but our very being it felf^
the fecurity of the nation, and fafety of her Majejly
are fo highly concerned,
I did endeavour to prove the firft of thefe to your
Lordfhips, when I made you this motion, by rca-
fons taken from the Jiourijhing of '^our trade, the
fupport
\. 1709. DEBATES. 229
upport of your credit ^ the nature of your vi5forieSy
md the quieting of mens minds at home ; and fhall
low, with your Lordfhip's leave, fay a few words
the other part, and fhew your Lordfhips how
nuch this enquiry concerns us all in point of
afety.
Some perhaps may think, That after fuch won-
lerful fucceffes abroad, as we have had the laft year,
ifter the French King has loft Lifle^ and been forced
o abandon Ghent and Bruges ; to fpeak to your
Lordfhips of any danger at home^ or to have the
eaft apprehenfion from fuch a baffled enemy^ were
:o expofe the weaknefs of a man's own judgment ;
3ut I fhall endeavour to fhew your Lordfhips how
dangerous a miftake this is, from example, reafon^
ind authority, the three beft arguments I know to
prove any truth.
My Lords,
Were not Hochjlet and Ra?neliies as glorious vi^o-
ries, and as great mortifications to the French King,
as our taking of Life, or reducing of Ghe72t •, and
yet after fuch entire victories, fuch repeated de-
feats, had not this haughty neighbour of our's, the
prefumption the laft year, to attempt the fetting
a Pretender upon her Majejly^s Throne ? And can
we reafonably promife our felves any fecurity when
ever he is in a condition to give us the leaft di-
fturbance ? And is he not in a condition ? Is he
not as near us this year as he was laft, notwith*
ftanding all our conquefts ? That is an advantage
our Allies only have by. them, to have their ene-
my at a greater diftance. Has he not as many
fliips, and as many friends too, except one, as I
mentioned to your Lordfhips ? Nay, my Lords, has
he not as great encouragement to renew his attempt,
as he had to undertake it, as I fhall prefently fhew
0^3 your
230 Parliamentary A. 1709.
your Lordfhips *, from whence then does our great
fecurity arife ? Befides, m'j Lords^ what is yet fur-
ther, every body is convinced by the inconfiderable
force, the fmalJ number of fhips and troops, the
French King employed in the late attempt upon
us the lafl: year, ^hat his chief dependance was upon
the encouragement and promifes of ajfifiance he had
from hence ; and yet notwifhftanding all our enqui-
ries, is it not as great a myjiery to this day as it was^
who the perfons amongft us are, who were concerned
in this black and unnatural treafon ?
'Tis true, my Lords, feveral perfons of great
quality and inter efl have been taken up upon fufpici-
on, brought from their own homes and country,
whilft others thereby have had the opportunity of
fupplanting them in their interefts there : 'Tis not for
me to fay, whether this proceeded from ill will to
feme, or favour to others, but, has any thing been
proved againfi them ? Does not the bail that has been
given for them, and their fitting in this houfe, convince
every body of their innocency ? So that this way of
proceeding has rather proved vexatious to the fubjecl,
than any real fecurity to the government, and, I
hope, will m.ake us for the future fet a greater value
upon our habeas corpus aul, which was the right of
every fubjecl before by common law.
Nor has the charadlers that have been made of
perfons to be fufpecled, had any better efFedl.
There are two I Ihall mention to your Lordfhips,
and, I think, greater miftakes than both of them
can fcarce be put into words -, the firft is, T!hat men
of arbitrary frinciplei are the perfons who ought to be
fufpe5led', this argument has been very much la-
boured, and great pains has been taken to perfuade
the v/orld from mens pra6tices in former reigns,
that they are ftill of arbitrary principles, and from
thenpe it is inferred they ought to be fufpeded. I
fhali
A. 1709. DEBATES. 231
fhall not trouble your Lordfhips, or my (df, at
prefent, to fhew the weaknefs of this argument ;
1 will take it as they that have made ufe of it
would have it, for a ftrong and undeniable confe-
quence, and then I aflc, IVbal, my Lords, is the
nation to frfpeoi any who are at the head of your mi-
nifiry^ of giving this encouragement to your enemies ? -
For I will he hold to fay in this place ^ if this he a good
argument i it is as flrong againfi fome who are at the
head of your minifiry^ as againfi any man I know of
who is out of it.
There is another charadler of fufpicious perfons,
which I cannot but take notice of, becaufe I take
it to be very fatal to the freedom of Parliament,
for it is impoflible for any man to take notice,
either in Parliament, or to the Queen her felf, of
any wrong meafures, or falfe ftep in the manage-
ment of publick affairs, without fo far reflecting on
the miniftry ; and if this is to be interpreted as an
artful method of lejfening her Majefly's juft efteem of
her minifters -, and thofe who do fo are to be mark-
ed as dangerous to the fafety of her Majefty's per-
fon, and the prefent eftablilhment, I am afraid her
Majefty for the future, may have fever al things con-
cealed from her, which might be for her fervice to
know, and one of the great ends and ufes of Parlia-
ment, the redrejfing of grievances, and keeping great
men in awe, will be quickly laid afide. But, my
Lords, we have a very vifible inftance, that this is
a great miftake -, for do we not fee thofe Lords,
who the laft year efpoufed the cafe and complaint of
the merchants in Parliament, now advanced to the
gredteft places of iruft and power ? So that thefe two
methods have rather fliewed us, who ought not,
than who are, to be fufpedted.
My Lords,
I fhall now take leave to fay one word to the
pofitive part 3 and if we would apply an obferva-
0^4 tion
232 Parliamentary A. 1709.
tlon of the fchools to the cafe in hand, I believe
it would fet this matter in the trued light. They
tell us, there is a great difference to be made be-
tween a divifion and a diftindion : Every divifi-
on is indeed a diftindion, but every diftindlion is
not a divifion ; the foul and the body are diftind,
but they are not divided, for that would be a flate
of death ; it is fo in this cafe, the Papifly Jacobite^
and Nonjuror^ are a party of men divided from the
reft of the nation -, they want that forma informans^
as they call it, that vital fpirit of love and loy-
alty that animates every good fubjedl : But as for
others, however they may be diiiinguiflied, and
differ among themfelves in their notions relating
either to ecclefiaftical' or civil policy, yet they
feem all to have the fame regard and concern for
the honour and fafety of her Majefty and govern-
ment. I would not be mifunderftood, as if I did
not think feme of all perfuafions may be faulty :
I know, that even among the Apoftles themfelves.
He that bore the bag proved the traytor : My mean-
ing only is, That thofe who have taken the teft
to the government, may at leaft pretend to an
equal degree of your charity with thofe who ne-
ver yet owned it ; and it is thefe perfons who ne-
ver fwore to the government, that her Majefly di-
redlly points at in her lad fpeech to her laft Parlia-
ment j for after fhe has been plea fed to fay, ' It is
* certain we mud be all inexcufable, if we do not
* take warning from this attempt, to compleat
* what may be neceflary for our fecurity at home,
* and the difcouraging the like for the future ; to
^ which, by God's bleding, there Hiall be notj-iing
« wanffng on my part.' In the following paragraph
die is pleafed to add, ' I mud recommend to you>
* at your return into your feveral counties, to
' ufe your utmod care and diligence in put-
* ting the laws in execution againft Papijls^ and
* all
A. 1709. DEBATES. 233
* ail others difaffe5fed to m-j government^ and In
' making them pay towards the publick taxes to
« the full of what the law requires from them: No--
* thing being more reafonahle than that they, who by
« their principles and pradlices encourage (if not
* adlualiy foment) fuch difturbances, Jhould doubly
' contribute to the charge of quieting thetn^ and fe-
* curing the kingdom^ s peace ^ and Jloould know them-
* felves, on all fuch occafions, to be refponfible for the
* many inconveniences that may enfue : ' Which two
paragraphs will, I hope, juftify what I have taken
notice of to your Lord (hips.
Afy Lords^
I do not forget the obligation I am under to a
noble Lord, and therefore (hall now fhew your
Lordfhips, that notwithftanding the French King
failed in his late attempt upon us, yet he has more
encouragement to renew it, than he had at firfl to un-
dertake it : And, my Lords, I think a great deal that
I have faid to your Lordfhips prove it. Is it not a
great encouragement to him, to fee, notwithftand-
ing fo many friends that he has amongft us, all the
7nethods that we have hitherto taken, has fignified fo
little to difcDver any of them ? And that thofe me-
thods have not been taken, that might, perhaps,
have fignified more towards a difcovery, and
have been made ufe of at other times ; I mean,
promifes both of pardon and reward. Does he not
fee how eafily he can fhake the main pillar that
fupports all our commerce, I mean the Bank ? Was it
not in danger of breaking ? And has it recovered
the blow to this day that he gave it ? For, my
Lords, if men cannot be mafters of their own
money, which they truft with any body, upon
no other reafon, but that they may command it
again in any cafe of nece(rity, without being locked
upon as fufpe5led perfons, I believe men will be fo
wife as to fecure both their money and themfelves
too.
234 Parliamentary A. 1709.
too, from any fuch danger. There is another en-
couragement, which he has, 711^ Lords, and that is,
the weak and defencelefs condition ^/^Scotland, the de^
Jiciency of force, and ill jiate of jour garrifons there,
at the time of the invafion, notwithftanding the cer-
tain accounts and knowledge we had of it. What,
m-j Lords, will no alarm awaken us ? Will the fcales
never fall off from our eyes? Muft fome mens migh-
ty fervices prevent our looking into others great mif-
carriages ? And muft: this poor nation be eternally
fawn afunder by the flruggles of contending par-
ties ? m-j Lords, I hope it is not thought that I
have been thus urgent with your Lordfhips from
any fears of perfonal danger : I am content to take
my lot with others as it falls, whatever it be -, but
I am afraid lefi her Majefty floould be dethroned whilft
Jhe lives, and that the defiru5iion of popery or f aver y^
ivhilfl ive are /peaking peace to our felves, fhould fud-
denly, like a flood, break in upon us^
My Lords,
If your Lordfhips have any intention of looking
into this matter, I fhall make your Lordfhips a
motion, which perhaps may give us fome light ;
it is indeed a complex one, and rather a fchedule
of papers ; it is, That her Majefty will pleafe to or^
der^ that there may be laid before this houfe, at what
time her Majefty received the firft account of the in-
tended invafion ? What orders were thereupon iffued
2>/o Scotland, with relation either to forces or gar-
rifons ? What wai the number of regular troops and
forces there, at the time of this intelligence? What
was the fiate of the garrifons there at that time ?
What augmentation was made, or forces fent thi-
ther, frojn the time of the intelligence, to the time
of the invafion ? What orders have been given
with relation to the garrifons, and when^ both be-
fore
A. 1709. DEBATES. 23 j
fore and fine e the invafion^ from the time of the firfl
intelligence ?
Several other Peers fpoke to the fame purpofe ;
whereupon the houfe appointed a Committee, to en-
quire into the flate of the nation, in relation to the
intended invafion ; and ordered an addrefs to be pre-
fented to her Majefty, to defire that the papers,
concerning this affair, might be laid before them :
Which her Majefty was pleafed to dired accord-
ingly.
On the 25th of February, the Lord Haverfham
opened in the houfe of Lords the account of the
Scotch invafion^ in the following fpeech.
My Lords,
TH E temper of this houfe, with relation to Lord Ha~
your enquiry into the intended invafion, fince Z^^^^l'^_
your addrefs to her Majefty to have the papers count of the
laid before you, and fince they have been upon ^"j;^ '"'''"
your table, is fo very vifible, I need not take no-
tice of it, but ought rather to afk forgivenefs for
my felf, that I fhould dare fo much as mention
that matter once more to your Lordfhips ; nor
fhould I do it, were it not from an abfolute ne-
ceftity and juftice, which I think is due to my {di\
and thofe Lords w^ho did me the honour to fe-
cond the motion I made for addreffing her Ma-
jefty for thofe papers ; for to me it feems too much
like fear or guilt, to fit down tamely under any
refledlion a man has in his power to wipe off,
and there are fome which we, perhaps, hereafter
may be reproached with. One is, that thefe Lords
who made you this motion, never fo much as
looked into the papers they called for, or have
thought on, or mentioned, that matter fince ; per-
haps they will fay fo too, that they never intend-
ed it fhould come to any thing j that it was only
a CO-
2^6 Parliamentary A. 1709.
a cover to fome defign they had under it ; nay,
I do not know but they may go fo far as to fay,
that, under-hand, they were trying how an a^ of
grace would reliih : Should fuch a thing be offered,
i knovv my felf fo innocent, as, in our prefent cir-
cumftances, I fhould not give my confent to it,
for I fhall always think, that when horfes are /kit-
tijio, vicious i and head ftrong^ let whofo will be upon
their back, it is fit they Jhould never be without a
gcsdftrong curb in their mouths: And as to thefe pa-
pers, iny Lords, I have looked into them, and thofe
who have done fo, cannot, in my opinion, but think
of them : But that your Lordfhips may not have
my word for this, I will, with your Lordfhip's
leave, take notice of fome particulars that are in
them : and that you may be certain of the truth
of what I obferve, I beg your clerk may read for
vouchers the papers themfelves, as they fhall be
called for.
It will not, I prefume, be denied me, that up-
on the 23d of February Mr. Boyle received certain
intelligence, that the intended armament at Dun-
kirk was defigned for Scotland ; there had been fe-
veral advices before of great preparations making,
and, by the great quantity of fire-arms, it was
judged to be for fome land defign. The States
were apprchenfive, and acquainted her Majefty by
their Minifler with it ; and Scotland had been in
feveral intelligences named, but I do not find there
was a certain account till that of the 23d of Fe-
bruary to Mr. Boyle,
The Queen, in her letter of the 25th of February
to the council of Scotland, thinks it neceffary to
acquaint them with it, and that Jhe does expe5i they
Jhould do their utmoft for the prote5iion of her fub-
jeBs^ and prefervation of the publick peace ; that
iiothing on her part fhould be wanting ; that fhe had
given orders that fome of her troops in Flanders
fbould be ready to embark^ in cafe the embarkation
A. 1709. DEBATES. 237
at Dunkirk Jhould go on ; and that her troops in
England and Ireland were fo difpofed, as to give
what ajpftance might he necejfary^ and in the mean
time authorizes and impowers them, the Privy-
Council, to give fuch orders as were proper to put
her forces, forts, and garrifons there, in the befl
order.
This then being allowed, the firfl queftion is.
What number of forces, efFedlive regular troops I
mean, were in Scotland at this time, that is, the
23d or 25th of February, 1708 ? I cannot but ob-
ferve to your Lordfhips, that there has been a great
deal of care taken to conceal this from us, altho*
this very account was particularly afked for by your
addrefs •, yet in all that great bundle there is not
one paper from whence we can learn the number :
I was therefore forced to get the belt light and
intelligence I could elfewhere, and have very good
authority for what I am going to fay, and do af-
firm to your Lordfhips, that the regular forces
in Scotland, upon the 25ch of February^ 1708, were
not above 1500 men. If I am miftaken, I hope
fome Lord here will fet me right, and take upon
him to fay what the real number was at that
time.
And fince there was but 1500 men, it is certain
that was not a number or ftrengch, that could be
thought by any man fufiicient to fecure and pro-
te6t the kingdom againft the invafion that threat-
ned it ; and the ferment that was then in the na-
tion was fuch, that I do not find they durfl fo
much as truf!: their militia with their own defence.
Wc are therefore in the next place to confider, what
additional flrength or augmentation thefe handful
of men had ; or what affiftance, either from the
forces from Oft end, or thofe from Ireland, or En-
glijb troops from hence.
As to augmentations or additions, I find there
was little or nothing done as to that part: The
Parliament
238 Parliamentary A. 1709;
Parliament indeed had, on the 20th of December,
1707, raifed the eftablifhment of the forces in
Scotland from 2834 to 5932 ; but it appears by a
letter from the Earl of Leven to the Earl of Marr^
of the 7th of March, that little notice had as yet
been taken of what the Parliament had done ; for
in that letter to the Earl of Marr^ he intreats him
again to mind the eftahli/hment, and let htm know if
he Jh all give encouragement to any who Jhould he wil-
ling to take ar7?i5 to join them ; and fays further, he
hopes at leafl, that fo inuch of the levy-money as is
due fince the i\th of December will he given now ;
for that would buy fome horfes^ and levy fome men :
So that by this letter it appears there was no mo-
ney given to levy men, or increafe the forces in
Scotland^ tho' there was 3600 men wanting at that
time, and had been fo ever fince the Parliament
had voted the edablifliment in December^ and tho'
our danger, at that time, from the want of them
was fo very great and evident ; which feems very
aftonifhing. Nor does it appear that any direc-
tions, or money for this or any other fervice, till
the invafion was over, v;as ordered here till the 12th
of March : and then indeed on the 13th, the Earl
of Marr writes from hence to the Earl of Leven^
That my Lord Treafurer had ordered the people of
the cujloms and excife^ to anfwer the Earl of Leven
with money for provifions, and other neceffary
charges \ and further fays, That my Lord Marlbo-
rough told him that very morning, which was the
13//^, that the Scotch eflahlifhment would be ended
that day ; he knows not how they have made it, or
if they have altered any thing that we had concerted
with St John, or if any thing he ofnitted-^ hut we
hope they have not.
It is very true, her Majeily in her fecond letter
of the 8th of March to the Council q{ Scotland, re-
commends to them, to give prefent diredlions to
put her forts^ garrifons, and magazines there^ in a
good
.:.. 1709. DEBATES. 239
I'good pojiure of defence, and fays. That 'what fball
I he expended towards thofe ends by their warrants
I fhall be repaid^ for which fhe has already given or^
ders : What thoie orders were, or to whom given,
are not to be found among the papers •, but it is very-
evident, that there was no order for one farthing
of money, to anfwer either the orders of the
Council, or the Earl of Leven's neceffary charges,
out of any branch of the revenue, or otherwife ;
for in a letter of the Earl of Leven to the Earl of
Marr, of the 13th of March, he has thefe words,
which will likewife fhew the condition of the na-
tion at that time : My Lord, fays he, I leave it to
your Lordfhip to conftder my circumftances, here I am^
not one farthing of money to provide provifion, or for
contingences, or intelligence, none of the commijfwns
yet fent down, few troops, and thofe almoft naked ; f/
vexes me fadly to think I mufi retire towards Ber-
wick, if the French land on this fide the Forth. And
that you may not have his Lordfhip's fingle word
for it, the Lord x^dvocate confirms very much the
truth of this, in his letter of the i ith of March to
the Earl of Marr ; for after he had laid that, he was
ordered to lay before her Majefiy the inch fed informa-
tion for the caftle of Edinburgh, and a particu-
lar account of zvhat it wants to put it in a cafe of
defence -, and aifo the caftlei ^/Sterling, Dumbarton,
and Blacknefs, to fhe-iv their pre fent condition, and
want they are in, and that he had formerly feni a.
memorial of Mr. Slezer'i for a. train of artillery ;
all which he hopes will be confidered: He adds, /
believe, fays he, there was never a country mora
defiitute and defencelefs than we are, nor have we
fo much as a treafury, or any mo?iey for incident
charges ; fo that I muft again, by the Councils order^
lay thefe things before your Lordfhip, and that at leafi
fome order may be given, whereby neceffary e^-
pences may be defrayed. And the Earl of Marr^^
letter of the 13th from hence, is the firll account
we
240 Parliamentary A. 1709.
we have of any money that was ordered for Sect-
land: By all which it plainly appears, that not-
withftanding the orders the Queen mentions in her
letter of the 8th o{ March ^ the Council had not a
fhilling for neceffary expences on the nth, nay,
not fo much as one penny ordered till the 13th ;
and as to the eflabliftiment, notwithilanding all
the prefling inflances, that was not fettled till after
the invafion, as appears by the Earl of Marr*^
letters of the 12 th and 13 th of March.
This, m'j Lords^ is the true Hate, as appears
from the papers themfelves given in, relating to
the force of that, I had almoft faid defer ted^ but I
may fay defencelefs nation ; few men^ and thojc almoft
naked^ 3600 men wanting of the eftahlijhment voted
l^ Parliament for the year 1707-8, near three
months before ', no levymoney^ no eft ahlifhmenl fettled^
no commiffiom fent down^ not a fhilling ordered h'^ the
M 3/ out of any branch of the revenue^ or other^
wife^ to ihe Privy -Council or Earl of Leven for ne-
ceffary expences^ or to buy provifion^ or for contingences
or intelligence^ and all this in a time of the utmoft
danger.
In the next place I fhall fhew your Lordfhips,
when Scotland ^2i% in this defencelefs condition, what
afiiftance they had from Oftend, England, and
Ireland. As to the tranfports that were to come
from Oftend, though all the difpatch was made
that could be made, they did not arrive at Tin-
mouth bar, till ten days after the enemy were feen
upon the Scotch coaft, fo that the difpute, if there
had been any, would have been over, and the
enemy in all human probability, would have
been mafters both of Edinburgh^ the caftle, and
all that was in it, before they could come up to
their afilftance. And the very orders to (Rear-
Admiral) Baker is fo extraordinary, a man cannot
but take notice of it,, for after that he is required
and
A. 1709. DEBATES, 241
a7id dire5fed to make the heft of his wa^j to Tinmouth
har^ with her Majefty^s /hips under his co?nmand^ and
the tranfport /hips with troops which he brought with
him from Ollend, &c. There is a further order in
thefe words, hut in regard there are feveral dif-
mounted troopers on hoard the tranfports^ you are to
fend a veffel with them to Harwich, if you can con*
veniently^ their horfes heing now in Eflex ; fo that in-
(lead of taking the horfes to Tinmouth^ the dif-
mounted troopers are firft to be fent to Harwich
to their horfes, and from thence to proceed to
Scotland^ which, one would think, was a very
round about way.
And as to our troops from hence which were to
afllft them, the feveral regiments of horfe, dra-
goons and foot, had not their orders to hold them-
felves in a readinefs to march till the nth of
March. The next day orders were given for them
to augment, and on the 14th they were ordered
to march northward, which was certainly too long
a delay, confidering what a march it is from hence
to Edinburgh ; yet this was all the readinefs they
were in to alTift them.
But there is one thing which is mod amazing^
and I muft again defire, if I am wrong in fad,
that fome Lord here, who I am fure can, will fet
me right.
The Queen, as I Ilicwed to your Lordfliips in
her letter of the 8th of March, which your clerk
juft now read, told the Council of Scotland, our
troops from Ireland, which we mentioned in our laft,
are ready to embark in tranfport fhips provided in thofe
places with all necejfaries for that fervice : And yec
it does appear plainly, that there was no tran-
fports provided at that time here *, nor was any
tranfport fhips ordered in Ireland ; nay, the very
orders to provide tranfports were not given by
my Lord Sunderland till the 12th o^ March here 5
nor by my Lord Lieutenant of Ireland, for the
Vol. V, R troops
^42 Parliamentary A. 1709.
troops to be in a readinefs to be tranfported till the
13th, and then my Lord Sunderland fends an order
to the CommilTioners of tranfports, telling them,
That it is her Majeftfs pkafure that they forthwith
take up Jhipping for the tranfportation of 600 horfe^
that are to embark at the White- Houfe between
Carrickfergus and Bel fall : And it is left, fays he,
to your difcretion to hire thefe fhips either at White-
haven, Liverpool, or Chcfter, as you can do it
with moft expedition and conveniency. And upon
the 13th, his Lordfhip fends another letter, ac-
quainting them, 'That they are to provide aboard thofe
Jhips, hay and oats, fufjicient to ferve fix hundred
horfe for a fortnight, and as many water- cajks as may
le neceffary to carry water -, particulars that were it
feems forgot in the firft orders : And in an extrad:
of the E. of Pembroke^ letter to the Lords Juftices
of Ireland, of the 13th, he tells them, / did not in
the leaft doubt hut that your Lordfhips will ijfue
proper orders for one regiment of horfe, and two of
dragoons, to embark whenever there floall be occafion
for them : And it is her Majejiy's opinion, that the
regiment under the command of Lieutenant-General
Langfton, Major-General Echlyn, and Lord Tun-
bridge, fhould be on this fervice -, and I am of opi-
nion that it will he for the fervice of the Queen, to
have thefe three regfments move with all convenient
fpeed, and take their quarters in and about Belfaft
and Carrickfergus, that they tnay he in a rea-
dinefs to embark -, I defire your Lordfhips to give
dircofions to the proper officers to provide and
get ready hay, oats, and water, for at leafi a
fortnight.
And here if we confider that thefe letters were
dated the 12th and 13 th of March from hence, that
they were to go to the Commiinoners of tranfporc
here, and to the Lords Juftices in Ireland, that af-
ter thefe tranfports were to be agreed for, and hay,
oats, and water to be provided, and the three
A. 1709. DEBATES. ^43
regiments ordered to march, what time this would
take up: It feems very evident, that her Majefty
was not truly acquainted with the danger JJje was in ;
that /he thought thefe things were in a readinefs which
were not ; and that the orders fie had given had iiot
been obferved^ as fie concluded they were ; and in
the laft place, that thefe three regiments mud ar-
rive in Scotland very late.
But there is one thing more fo very new, and
without precedent, that it cannot but be very afto-
nifhing •, which is, that in the Earl of Levei^'s in-
ftrudions of the 4th of March, in that part where
he is ordered to Ireland for affiftance, there is a
blank left as to the perfon to whom he is to write 5
the words are thefe, I'ou are^ upon the firft ap-
])earance of any [quadron of French fiips upon the
coaft, to fend to Ireland to
to advertife him thereof, who has orders to fend troopi
to your affiftance ; and yet as was juQ: now proved,
both from my Lord Sunderland's letter to the Com-
miflioners of tranfports, and from my Lord Lien-
tenant's to the Lords Juflices, there was not fo
much as orders given for any tranfports here till
the 1 2th, nor any ever in Ireland, nor were the
three regiments direded to move, in order to em-
barking, till the 13th.
I confefs when I read this, I thought it was a
miftake of the tranfcriber, till I faw thefe words
in the Earl of Leven's own letter of the 7th of
March to the Earl of Marr, I defire you, fays the
Earl of Leven, to fend down the name of the perfon 1
am to write to in Ireland, if there he occafion \ and
mufi ftill intreat your Lordfijip that orders be fent for
fome horfe and dragoons to embark. And again, in
his letter of the 13th, where he has thefe words to
the Earl of Marr, he repeats the fame thing ; Pray
endeavour to get orders fent ft raight to Ireland /or the
Oncers there to embark^ for sou know I have no per-
K 2 jm's
244 Parliamentary A. 1709.
fon^s name to whom I Jhould write. This convinces
me beyond what any man can fay, that his Lord-
fhip did not know to whom to write, for fure his
L.ordfhip would not repeatedly affirm what was
not facft ; and whoever confiders that there was
no orders lodged any where for any perfon from
Ireland^ upon advice from the Earl of Leven of the
appearance of the enemy, to follow his diredlion,
and haften to his afliftance , nor any orders at all
for tranfports there \ nor any diredion here for
tranfports till the 12th, mud, I think, be con-
vinced that this blank in the inftruofions did not hap-
pen by chance^ but was a premeditated and defigned
omijjion,
I would not forget any care that was taken, and
therefore muft take notice, that on the 27th of
February there v/as an hundred barrels of powder
ordered to be fent from Berwick to Edinburgh ; but
the Earl of Leven was not writ to about it till the
2d of March ; which was four days delay. And
the order itfelf was fo very prepofterous, I had al-
moft fa id ridiculous (much like that of Baker'' s)
that it had full as well been omitted ; for inftead
of ordering the Store- keeper of Berwick imme-
diately to carry a hundred barrels of powder to
Edinburgh^ they fend an order to one Mr. James
Robb^ Deputy Srore- keeper of Edinburgh^ to get
carts and go with them to Berwick^ and take three
hundred barrels of powder, and bring it to Edin-
hurgh. And Mr. Grieue^ Store- keeper of Berwick
to the board of the ordnance, writes a letter, dated
March 10, 1707-8, hither, that Robb was come
to Berwick^ and the carts would be there that
night. And I appeal to a Lord, who cannot but
know, whether the powder came to- Edinburgh before
the danger was pajj, and the French off our coafi ?
And whoever will reflecl, that the Earl of Leven's
letter, dated here the 2d of March^ was to go to
Edinburgh j that then at Edinburgh carriages are to
be
A. 1709. DEBATES. 245
be taken up for the powder, then they are to go
to Berwick, and from Berwick they are to return
again to Edinburgh, will find it could hardly be
there fooner.
The next thing I fliall take notice of to your
Lordfnips, is the ftate of the garrifons. The
Parliament had given, the 2och of Dece7nher, the
fum of 13098/. 17 J. 2d. for the garrifons uf
North' Britain for the year 1708. But I cannot
but think your Lordfhips will be greatly fur-
prized, when you find in what a wretched con-
dition they were. I will give your Lordfhips but
an inftance or two, the red are much in the fame
ftate.
Sterling Cajlle,
TH I S is a very confiderable pod, a place of
great importance •, and yet what an account is
there of the arms and ammunition in that place !
One barrel of powder,
550 Firelocks, of which, about a hundred for fer-
vice, and fome of jhat hundred want ram-rods, and
Come nails, all the refi unferviceable.
780 Mujkets, which may be for fer vice, when fur-
nijhed with ram-rods ; fome nails, and fome fhattered
In the flocks.
380 Mujkets, with broken flocks and locks, and
many wanting locks, and all unferviceable.
150 Bundles of match, all damnified with lying in
^ain.
300 Bayonets, with moft of them broken and fpoil-
?d, altogether unferviceable,
300 Cartridge boxes, all broken and unferviceable.
200 Pikes, damnified by long lying,
40 Cannon-halls, 1 8 pounders,
70 Cannon-balls, 12 pounders.
1200 Balls, (^pounders,
3400 Four pounders,
R 3 20 Small
246 Parliamentary A. 1709.
20 Small homh-Jhells without mortars,
1200 Hand grenado-fljells,
50 Stands^ hack and breaft.
Ordnance Stores in Blacknefs-Caftle.
^WO barrels of corn powder^ one hundred each.
A hundred yards of match »
4 Hand-fpikes,
59 Mufkel barrels repair able >
7 Scimitar blades iifelefs,
100 Pound mujket bullets.
3 Ladles^ one ferviceable^ the others ufelefs,
2 Cannon^ 3 pounders.
1 'Train carriage unfervicealle,
2 Minions,
3 Faulcons onfhip carriages ^ unferviceahle*
77 Balls for minion.
25 Balls for 3 pounders,
.149 Hand grenado Jhells,
Dumbarton- Caftle.
'T^HE RE is fever al breaches in the wall, there is
1 2 brafs guns^ none of them mounted^ all of them
want carriages : There is no powder in the garrifon^
and few flints , all the lodgings in a ruinous condition \
no toals in the garrifon^ nor afi'j other prov'tfion :
The firelocks being long fince thej were gotten^ are
'very ill fixed.
Edinburgh, ikZi^rr^ 9, 1707-8,
The above-mentioned is the true condition^ of the
caftle 0/ Dumbarton, at prefent,
I need not, my Lords, I think, make any ob-
fervations upon the callles, after your Lordlhips
have feen the wretched ftate of them ; and there-
fore in the lal^ place, fhall only cake notice to your
Lord-
A. 1709. DEBATES. 247
Lordfhips, that after tlie invafion was over, there
were efiimates made, what it would coft to put the
fortifications ^/Scotland in good repair. The total,
as appears by your fchedule, amounts to 23156/.
of which there could be but 3000 /. laid out this
year ; and yet there has been but poor 1500 /. ex-
pended upon that fervice this year, as appears by
your paper.
I will not trouble you farther^ I think this mat-
ter is now very plain before your Lordfhips ; I
could v^ifh I had not faid one word of truth in
what I have faid to you *, but the vouchers fhew it
to be fo, and if all this be true, it is a very ftrange^
a very furprizing^ and a very afionifmng truth.
I fhall nor move any thing to your Lordfhips far-
ther in this matter, I believe there has been enough
now faid, to judify thofe Lords for moving this en-
quiry, and (hall add but this word, that if there be
no greater care taken for the future, than there was
at this time of fuch imminent danger, it will he the
greateft miracle in the worlds if without a miracle the
Pretender he not placed upon that throne.
This is the fubftance of what was obferved by the
Lord Haverfham^ tho' there happened fome interior-
cutories between him and another Lord : And the
obfervations were made upon the papers as they were
read : The Duke of Buckingham and feveral others
ijpoke to the fame efFedt : Upon which it was order-
ed, that that important affair fhould be confidered
the Tuefday following in a full houfe.
On the 8 th 0^ March the Commons took into con- votes of the
fideration the papers relatins; to the defiened invafion Commons,
* *■ C3 ^ C3 J approving
of Scotland^ and the proceedings thereupon, and the conducH:
againft the Lord Grijfin and others taken in rebel- ^^^^^^^T
lion j and relating to the perfons taken upon fufpi- about the
cion, as alfo to the garrifons of Scotland. Where- ^""^"f^'"'
upon the houjfe refolvsdy Firfi^ * That orders were
R 4 * not
^4S Parliamentary A. 1709,
' not ifllied for the marching of the troops in Eng.
< toJ until the 14th day of March^ it being neceffa-
' ry for the fecurity of her Majelly's perfon and
* government, that the troops in this part of the
' kingdom fhould not march into Scotland^ rill there
' was certain intelligence that the enemy intended
* to land in that part of the united Kingdom. .S^-
< condl^^ That timely and effedual care was taken
' by thofe employed under her Majefty, at the time
^ of the intended invafion of Scotland^ to difappoint
^ the defigns of her Majefty's enemies both at home
' and abroad, by fitting out a fufficient number of
' men of war, ordering a competent number of
' troops from Flanders^ giving diredlions for the
' forces in Ireland to be ready for the affiftance of
* the nation, and by making the neceflary and pro-
* per difpofitions of the forces in England.''
The houfe of Lords on the 28 th of Aprils fent down
a bill to the Commons, which their Lordfhips had
pafTed ; it was intituled, An aEl for improving the
Umon of the two kingdoms^ to which they defired the
others concurrence. The bill being read twice, wa$
referred to a Committee of the whole houfe ; and
on the 5th of this month, they ordered that the
faid Committee fhould be impowered to receive one
or more claufe or claufes, for afcertaining what
offences fhould be adjudged high-treafon, or mif-
prifion of treafon -, the method of profecution and
trial ; and the forfeitures and punifhments for fuch
forts of offences throughout the united king-
dom of Great-Britain^ in fuch manner as might be
more conducive to the fecurity of her Majefty's
perfon and government, the fuccefTion as by law
eftablifhed in the proteftant line, and for the attaint-
ing of the Pretender : Then the Commons in a
grand Committee took the fiid bill into confidera-
tion, which occafioned a warm debate ; the Scotch
members making feveral fpeeches againft the claufe,
for rendering the SqoIs^ in cafes of treafon, liable
A. 1709. DEBATES. 249
to the lame forfeitures as the EngliJJj^ contrary to the
ancient laws o^ Scotland. This debate being put off
to the 7th, the Scotch members, who were fupport-
ed by a ftrong party, prevailed fo far, that feve-
ral amendments were made to the bill, whereby
the nature of it was entirely changed : For inftead
of fubjedting the Scots to the Englifh laws concern-
ing treafons, it was on the contrary provided, that
no attainder for treafon fhould extend to the difinhe-
riting of any heir, nor prejudice the right and title
of any other than the offender, during life, through-
out the united kingdom : This amendment was the
next day reported, and agreed to by a majority of
164 voices againft 112. The bill thus altered, be-
ing fent back to the Lords, their Lordfhips, who
in this bill had nothing in view, but to give a fur-
ther fecurity to the prefent government and the
Proteftant fucceflion, did, by the Lord So7nen's
wife motion, allow the fore- mentioned amendment, Alteration
in relation to Scotland, from the firft of July 1709, Lort.^^^^^
and in England on^ after the deceafe of the 'pretended
Prince of Wales, and at the end of three 'jears after
the immediate fucceffion to the crown, upon the demife
of her Majefty, fhall take effe^, as the fame flands
limited by feveral adls of Parliament.
On the 20th of April the Lord Chief Juftice Holt,
and Mr. Baron Lovell, carried a meffage from the
Lords to the Commons, ' That the Queen had been
* pleafed to fend their Lordfhips a bill, intituled,
* An atl for the keen's mo ft gracious, general, and^^^^^^^
"- free pardon, which their Lordfhips had humbly ^'''^°"*
* accepted and pafTed, and to which they defired
* the concurrence of the Comm.ons : ' Whereupon
the latter read the faid bill, pafTed it, and fent it
back to the Lords by Mr. Sollicitor-gencral. The
next day the Lords CommifTioners lent a MefTage
to the houfe of Commons, to defire the houfe to
come up to the houfe of Peers with their Speaker,
to
The Lords
Commiirio-
Parliamentary A. 1709.
to be prefent at the paffing the fald bills into adts.
The Speaker and the houle went up accordingly,
and the Lords CemmifTioners gave the royal affent
to feveral publick and private bills.
And afterwards a fpeech of the Lords Commif-
lioners was delivered to both houfes, by the Lord
Chancellor, as followeth.
My Lords and Gentlemen^
BEing now, by the Queen's diredions, to put
an end to this fefTion, we have it in command
Wes^of ^^^""^ ^^^ Majefty, to afllire you her Majefty is ex-
Pariiament. tremcly fcnfible of the zeal and afFedlion you have
fhown for her fervice and the good of her people,
and of the prudence and difpatch with which you
have compleated the important bufinefs of this
feflion.
The vigour and firmnefs of your proceedings
have already had a very good effedl on affairs a-
broad ; and there is ground to hope, that by God's
bleffing on her Majefty's endeavours, this will
every day appear more and more evident.
Gentlemen of the houfe of Commons^
We are to return you in particular her Majefty's
thanks, for your having provided fo timely and ef-
fedually the fupplies found necefifary to the profe-
cution of this war, with an augmentation of thofe
forces, which, in conjunction with our Allies, have,
by God's afiidance, procured us the prefent advan-
tages over the eomm.on enemy.
Your chearfulnefs in giving fuch large fupplies
at this jundure, and the ready advances which
have been made for their being effedtual, with fo
little burden to the people, iliew you perfedlly un-
derftand how to make a right ufe of our paft fnc-
ceffes, and that nothing is too difficult for fo duti-
^ ful
A. 1709. DEBATES. 251
ful affedionate fubjeds, adling in defence of fo
good a caufe.
/Ify Lords and Gentlejnen^
Her Majefty, through the whole coiirfe of her
reign, having been defirous to fhew all poffible in-
ftances of goodnefs and clemency to her fubjeds,
hath now, for the flrengthning the Union, and qui-
eting the minds of all her fubjeds throughout the
united kingdom, thought fit to grant them an adl
of grace and free pardon, in a more full and be-
neficial manner than hath been formerly ufed ; not
doubting but all her people will make a right ufe
of, and fuitable returns on their part for fo extra-
ordinary an indulgence.
Her Majefty having alfo been gracioufly pleafed
to give the royal affent to the feveral bills you have
prefented during this feffion, commands us to ob-
ferve to you on that occafion, that the life and bene-
fit of all laws, how wifely foever they are framed,
do chiefly confift in a due and regular execution of
them ; and therefore to exhort you, that when you
return to your countries, you would think it indif-
penfably your duty to fet a good example towards
an impartial and fteady obfervation of the many
good laws which have been enadted (efpecially fince
the late revolution) and which fall within your pro-
vince to execute.
It being but too evident, that the defedl at pre-
fent attending us, is not fo much the want of new
laws, as the negled and difregarding thofe already-
made.
Then the Lord Chancellor faid :
M'j Lords and Gentlemen^
IT is her Majefty 's royal will and pleafure, thaE
this Parliament be prorogued to Thurfday the
nineteenth day of Ma^ next, ancj this Parliament
is
252 Parliamentary A. 1709^
is prorogued accordingly to 'Tburfda'^ the nineteenth
day of Ma^ next.
TH E next feflion of Parliament, which began
the 1 5th Q^JSovemher^ was almoft wholly taken
up with the profecution and trial of Dr. Sacheverell,
But as this trial has been often printed, and is in eve-
ry One's hands, it will be unneceffary to enter into
a particular detail of that matter here ; we fliall on-
ly, therefore, tranfcribe the account which Bifliop
Burnet gives of this affair, in the fecond volume of
the Hiftory of his Tiniest which is as follows.
L femon of < I now come to give an account of the feflion
arhamcnt. , ^^ Parliament, that came on this Winter. All
' the fupplies, that were afked, for carrying 011
* the war, were granted, and put on good funds ;
' in this there was a general unanimous concur-
' rence : But the great bufinefs of this feflion, that
* took up moft of their time, and that had great
' effects in conclufion, related to Dr. Sacheverell:
* This being one of the mod extraordinary tranf-
' adions in my time, I will relate it very copioufly.
' Dr. Sacheverell v/as a bold infolent man,^ with a ve-
* ry fmall meafure of religion, virtue, learning, or
' good fenfe, but he refolved to force himfeif into
'• popularity and preferment, by the moft petulant
' railings at DilTencers, and Low-churchmen, in
« feveral fermons and libels, wrote without either
' chaftnefs of ftyie, or livelinefs of expreffion : All
^ was one unpradifed ftrain of indecent and fcurri-
* lous language. When he had purfued this me-
' thod for feveral years without effedl, he was at
' lad brought up by a popular eledion to a church
' in Souihwark, where he began to make great re-
' fledions on the miniftry, reprefenting that the
* church was in danger, being negledled by thofe
' who governed, while they favoured her moft in-
* veterace enemies. At theaffizes in JD^r^jiCwherehe
* preached
A. 1709. DEBATES. 253
' preached before the Judges) and on the 5th of No- Sache'venra
« vember (preaching at St Paul's in London) he gave a
' full vent to his fury, in the mod virulent deck-
' mation, that he could contrive, upon thefe words
• of St Paul's, Perils from falfe brethren ; in which,
' after fome fhort refledions upon Popery, he lee
' himfelf loofe into fuch indecencies, that both the
' man and the fermon were univerfally condemned :
' He aflerted the Dodrine of Non-refiftance in the
' higheft (train poflible, and faid, that to charge
' the revolution with refiftance, was to call black
' and odious imputations on it ; pretending, that
« the late King had difowned it, and cited for
' the proof of that, fome words in his declarati-
' on, by which he vindicated himfelf from a de-
• fign of conqueft. He poured out much fcorn
• and fcurrility on the DifTenters, and refleded fe-
• verely on the toleration •, and faid the Church was
■ violently attacked by her enemies, and loofely
' defended by her pretended friends : He animated
• the people, to ftand up for the defence of the
' Church, for which he faid he founded the trum-
' pet, and defired them to put on the whole ar-
' mour of God. The court of Aldermen refufed
■ to defire him to print his fermon ; but he did
print it, pretending it was upon the defire of
Gerrardy then Lord Mayor, to whom he dedi-
cated it, with an enflaming epiftle at the head of
it. The party, that oppofed the miniftry, did
fo magnify the fermon, that, as was generally
• reckoned, about 40000 of them were printed,
and difperfed over the nation. The Queen feem-
ed highly offended at it, and the miniftry looked
• on it as an attack made on them, that was not to
be defpifed. The Lord Treafurer was fo de-
fcribed, that it was next to the naming him, fo
a Parliamentary impeachment was refolved on-,
Ejre^ then Sollicitor- General, and others thought
' the
254 Parliamentary A. 1709.
* the fhort way of burning the fermon, and keep-
< ing him in prifon during the fellion, was the bet-
* ter method ; but the more folemn way was un-
« happily chofen.
Many books ' There had been, ever fince the Queen came
wroteagainft < j-q the crown, an open revival of the doctrine of
Dtk. "^ * paffive- obedience and non-refiftance, by one Lef-
* ley^ who was the firft man that began the war in
* Ireland ; faying, in a fpeech folemnly made, that
*• King Jatnes^ by declaring himfelf a Papift, could
' no longer be our King, fmce he could not be the
' defender of our faith, nor the head of our church,
* dignities fo inherent in the crown, that he, who
' was incapable of thofe, could not hold it; A co-
' py of which fpeech, the prefent Archbifhop of
« Dublin told me he had, under his own hand. As
* he animated the people with this fpeech, fo fome
* adlions followed under his condudl, in which,
* feveral men were killed -, yet this man changed
* fides quickly, and became the violenueft J.icobite
* in the nation, and was engaged in many plots,
* and in writing many books againft the revolution,
* and the prefent government. Soon after the
* Queen was on the throne, he, or his fon as fome
* faid, publilhed a feries of weekly papers, under
* the title of the Rehearfal, purfuing a thread of
* arguments in them all, -againft the lawfulnefs of
* refiftance, in any cafe whatfoever ; deriving go-
* vernment wholly from God, denying all right
' in the people, either to confer, or to coerce it :
* The minifters connived at this, with what inten-
' tion God knows.
1710. * Whilft thefe feditious papers had a free courfe
Dr.Hoadifs c for many years, and were much fpread and mag-
defence * mfied ', One Hoadl% a pious and judicious divine,
thereof. c being Called to preach before the Lord Mayor,
* chofe for his text 'the firft verfe of the 13th
* chapter
A. 1710. DEBATES. 255
chapter to the Romans^ and fairly explained the
words there, that they were to be underftood on-
ly againfl refilling good governours, upon the
Jewijh principles ; but, that thofe words had no
relation to bad and cruel governours : And he af-
ferted, that it was not only lawful, but a duty in-
cumbent on all men, to refifl: fuch •, concluding
all, with a vindication of the revolution, and the
prefent government. Upon this, a great out-cry
was railed, as if he had preached up rebellion ;
feveral books were wrote againft him, and he
juftified himfelf, with a vifible fuperiority of ar-
gument, to them ail, and did fo folidly over-
throw the conceit of one Filmer^ now efpoufed by
Lejley (that government was derived by primoge-
niture from the firft Patriarchs) that for fome
time, he filenced his adverfaries : But it was an
eafier thing to keep up a clamour, than to write a
folid anfwer. Sacheve-rell did, with great virulence,
refled on him, and on me, and feveral other
Bifhops, carrying his venom as far back as to
Archbifhop Grindal^ whom, for his moderation,
he called a perfidious Prelate, and a falfe Ibn of
the church. When it was moved to impeach
him, the Lord Mayor of London^ being a mem-
ber of the houfe of Commons, was examined to
this point, whether the fermon was printed at his
defire or order \ upon his owning it, he would
have been expelled the houfe j but he denied
he had given any fuch order j though Sacheverell
affirmed it, and brought v/itnefTes to prove it :
Yet the houfe would not enter upon that exami-
nation ; but it was thought more decent to feem
to give credit to their own member, tho' indeed
few believed him.
' Some oppofition was made to the motion, for Sachevereii
impeaching Sacheverell^ but it was carried by a ^acheTby
great majority : The proceedings were flow •, fo the houfe of
thofe, who intended to inflame the city, and the ^°"^'"°"''
« nation
256 Parliamentary A. 1716.
* nation upon that occafion, had time fufficient given
< them, for laying their defigns : They gave it out
* boldly, and in all places, that a defign was form-
' ed by the "Whigs, to pull down the Church, and
* that this profecution was only fet on foot to try
* their ftrength •, and that, upon their fuccefs in it^
' they would proceed more openly. Tho' this was
' all falfehood and forgery, yet it was propagated
' with fo much application and zeal, and the tools
* employed in it, were fo well fupplied with money
' (from whom, was not then known) that it is
' fcarce credible how generally it was believed.
' Some things concurred to put the vulgar in
* ill humour -, it was a time of dearth and fcarci-
* ty, fo that the poor were much pinched : The
' Summer before, ten or twelve thoufand poor
' people of the Palatinate^ who were reduced to
' great mifery, came into England ; they were well
' received and fupplied, both by the Qiieen, and
* by the voluntary charities of good people : This
* filled our own poor with great indignation -, who
* thought thofe charities, to which they had a bet-
* ter right, were thus intercepted by ftrangers ; and
* all who were ill afFe6ted,ftudied to heighten thefe
* their refentments. The Clergy did generally
' efpoufe Sacheverelly as their champion, who had
* ftood in the breach ; and fo they reckoned his
* caufe was their own. Many fermons were
' preached, both in London and other places, to
* provoke the people, in which they fucceeded be-
* yond expedlation. Some accidents concurred
* to delay the proceedings ; much time was fpent
* in preparing the articles of impeachment : And
* the anfwer was, by many fhifts, long delayed :
* It was bold, without either fubmiiTion or com-
* mon refped -, hejuftified everything in his fer-
* mon, in a very haughty and afluming (lyle. In
* conclufion, the Lords ordered the trial to be at
' the
A. I7I0. DEBATES. 257^
* the bar of their houfe ; but thofe who found, that
' by gaining more time, the people were ftill more
' inflamed, moved that the trial might be publick
« in Wtfiminfier-Hall^ where the whole houfe of
< Commons might by prefent : This took fo with
* unthinking people, that it could not be withllood,
' tho' the eftecls it would have, were well fore-
* feen : The preparing W eft minfter -Hall was a work
* of fome weeks.
' At lad, on the 27th of February^ the trial be- And tried in
* gun. Sacheverell was lodged in the Temple^ and ufiC
*■ came every day with great folemnity, in a coach
' to the Hail ; great crouds ran about his coach with
' many fhouts, exprefTing their concern for him,
* in a very rude and tumultuous manner. The
' trial lafted three weeks, in which all other bufi-
* nefs was at a ftand ; for this took up all mens
' thoughts : The managers for the Commons open-
' ed the matter very folemnly : Their performances
' were much and juftly commended: Jekyl^ Eyre^
' Stanhcpey King^ but above all Parker^ diftinguiflied
' themfelves in a very particular manner : They
^ did copioufly juftify both the Revolution, and
' the prefent adminiftration. There was no need
' of witnefTes •, for the fermon being owned by
' him, all the evidence was brought from it, by
' laying his words together, and by fhewing his
' intent and meaning in them, which appeared
' from comparing one place with another. When
^ his Council, Sir Simon liar courts Dodd^ Phipps^
' and two others, came to plead for him, they very
' freely acknowledged the lav/fulnefs of refiflance
' in extreme cafes, and plainly juftified the Revolu-
' tion, and our d,eliverance by King V/iUiam : But
' they faid, it was not fit, in a fermon, to name fuch
' an exception \ that the duties of morality ought
^ to be delivered in their fall extent, v/ithout fup-
Yo L. V. S ' poung
258 Parliamentary A. 1710.
' pofing an extraordinary cafe : And therefore Sa-
* ^^^i;^r^//had followed precedents, fet by our greatefl
* divines, ever fince the reformation, and ever fince
« the revolution. Upon this they opened a great
* field ; they began with the declarations made
* in King Henry the Vlllth's time ; they infilled
' next, upon the Homilies, and from thence in-
* ftanced in a large feries of bifliops and divines,
« who had preached the duty of fubmiflion and
< non-refillance, in very full terms, without fup-
* pofing any exception ; fome excluding all ex-
* ceptions, in as pofitive a manner, as he had
« done : They explained the word Revolution ^ as
* belonging to the new fettlement upon King
' Jameses withdrawing ; tho', in the common
' acceptation, it was underflood of the whole tranf-
* adlion, from the landing of the Butch army, till
* the fettlement made by the convention. So they
* underftanding the revolution in that fenfe, there
* was indeed no Rejyiance there : If the pafTage
* quoted from the declaration given out by the
* late King, while he was Prince of Orange^ did
* not come up to that, for which he quoted it ;
* he ought not to be cenfured becaufe his quota-
* tion did not fully prove his point. As for his in-
* vedlive againft the Diflenters, and the toleration,
' they laboured to turn that off, by faying, he did
' not refiedt on what was allowed by law, but
* on the permifTion of, or the not puniftiing, many
* who publifhed impious and blafphemous books :
* And a collection was made of paifages in books,
* full of crude impiety and of bold opinions. This
'^ gave great offence to many, who thought that this
* was a folemn publifhing of fo much impiety to the
* nation, by which more mifchief would be done,
' than by the books themfelves •, for mofl of them
' had been negledlcd, and known only to a fmali
" number, of thole who encouraged them : And
* the
A. 1710. DEBATES, 459
* the authors, of many of thefe books, had been
' profecuted and puniflied for them. As to thofe
' parts of the fermon, that fet out the danger the
* Church was in, tho' both houfes had fome years
* ago voted it a great offence, to fay it was in dan-
* ger, they faid it might have been in none four
* years ago, when thefe votes pafTed, and yet be
* now in danger : The greateft of all dangers was
* to be apprehended, from the wrath of God for
* fuch impieties. They faid, the refledions on the
* admin iftration were not meant of thofe, employed
* immediately by the Queen, but of men in infe-
' rior pofts : If his words feemed capable of a
' bad fenfe, they were alfo capable of a more inno-
' cent one ; and every man was allowed to put any
* conftru6lion on his words, that they could bear.
* When the counfel had ended their defence, Sache-^
' verell concluded it with a fpeech, which he read
' with much bold heat •, in which, with many fo-
' lemn afieverations, he juftified his intentions to-
' wards the Queen and her government *, he fpoke
' with rcfpecl, both of the revolution and the Pro-
' teftant fucceffion j he infilled mod on condem-
' ning all refiftance, under any pretence whatfoever,
^ without mentioning the exception of extreme ne-
' cefTity, as his counfel had done : he faid, it was the
' do6trine of the Church, in which he was bred up ;
' and added many pathetical exprelTions, to move
' the audience to companion . This had a great
' effed on the weaker fort, while it poiTeiTed thofe,
' who knew the man and his ordinary difcourfes,
' with horror, when they heard him affirm fo many
' falfehoods, with fuch folemn appeals to God. It
' is very plain the fpeech was made for him by
* others *, for the ftyle was correct, and far different
' from his own,
S 2 * Daring
order at that
time.
260 Parliamentary A. 1710
Aftreat dif- < Durlng the trial, the multitudes that followed
* him, all the way as he came, and as he went
« back, fhewed a great concern for him, prefiing
* about him, and flriving to kifs his hand : Money
* was thrown among them ; and they were ani-
* mated to fuch a pitch of fury, that they went to
' pull down fome Meeting-houfes, which was exe-
* cuted on five of them, as far as burning all the
' pews in them. This was dire6led by fome of
* better fafhion, who followed the mob in hackney-
* coaches, and were feen fending meffages to them :
' The word, upon which all fhouted, was ne
* Church and Sacheverell : And fuch, as joined not
* in the Ihout, were infulted and knocked down :
* Before my own door, one, with a fpade, cleft
* the fl<ull of another, who would not fhout as
' they did. There happened to be a meeting-
' houfe near me, out of which they drew every
* thing, that was in it, and burned it before
* the door of the houfe. They threatned to do
* the like execution on my houfe ; but the noife
* of the riot coming to court, orders were fent to
* the guards to go about, and difperfe the multi-
* tudes, and fecure the publick peace. As the
* guards advanced, the people ran away ; fome few
' only were taken •, thefe were afterwards profe-
' cuted ; but the party fhewed a violent concern
' for them -, two of them were condemned as guil-
* ty of high-treafon -, fmall fines were fet on the
* reft •, but no execution followed ; and after fome
* months, they were pardoned ; and indeed this
' remiffnefs, in punifhing fo great a diforder, was
' looked on as the preparing and encouraging
* men to new tumults. There was a fecret manage-
* ment in this matter, that amazed all people : for
' tho' the Queen, upon an addrefs made to her by
* the houfe of Commons, put out a proclamation,
^ in which this riot was, with fevere words, laid
' upon
A. 1710. DEBATES. 261
' upon Papifts and Nonjurors, who were certainly
' the chief promoters of it; yet the proceedings
* afterwards did not anfwer the threatnings of the
* proclamation.
« When Sacheverell had ended his defence, the Continuati-
!• J on ot the
' managers for the houfe or Commons replied, and trial.
* fhewed very evidently, that the words of his fer-
* mon could not reafonably bear any other fenfe,
' but that for which they had charged him ; this
' was an eafy performance, and they managed it
' with great life : but the humour of the town was
' turned againfb them, and all the Clergy appeared
' for Sacheverell. Many of the Queen's Chaplains
* ftood about him, encouraging and magnifying
* him ; and it was given out, that the Queen her-
« felf favoured him : Tho', upon my firft coming
' to town, which was after the impeachm.enC was
' brought up to the Lords, fhe faid to me, that it
« was a bad fermon, and that he defer ved well to
' be punifhed for it. All her minifters, who were
' in the houfe of Commons, were named to be
' managers, and they fpoke very zealouily for pu-
' blick liberty, juftifying the revolution. HoU^ the ^^Jl^^^^^^
' Lord Chief Juflice of the King's- Bench, died and charac-
* during the trial : He was very learned in the t^'"*
' law, and had upon great occafions fhewed an in-
' trepid zeal in afierting its authority ; for he ven-
' tured on the indignation of both houfes of Par-
* liament by turns, when he thought the law was
< with him : He was a man of good judgment and
^ great integrity, and fet himfelf with great appli-
* cation to the fund:ions of that important poll.
* Immediately upon his death, Parker was made LorfcS'
' Lord Chief Juftice : This great promotion feem- juftke.
* ed an evident demonftration of the Queen's ap-
* proving the profecution •, for none of the ma-
' nagers had tvt^tQd Sacheverell fo feverely as he had
S 2 I done 5
Parliamentary. A. 1710.
done ; yet fecret whifpers were very confidently
fet about, that tho' the Queen's affairs put her on
adling the part of one that was pleafed with this
fcene, yet fhe dill iked it all, and would take the
firil occafion to fhew it.
* After the trial was ended, the debate was ta-
ken up in the houfe of Lords : It (luck long on
the firil article •, none pretended to juftify the
fermon, or to affert abfoiute non-refiflance ; All
who favoured him, went upon this, that the duty
of obedience ought to be delivered in full and
general words, without putting odd exceptions, or
fuppofing odious cales : This had been the me-
thod of all our divines. Pains were alfo taken to
Ihew, that his fermon did not refled on the revo-
lution : On the other hand, it was faid, that
fmce the revolution had happened fo lately, and
was made ftill the lubjed: of fo much controverfy,
thofe abfoiute exprt. (lions did plainly condemn it.
The revolution was the whole progrefs of the
turn, from the Prince of Grangers landing, till
the a6i of fettlement pafTed. The adl of Par-
liament expreifed, what was meant, by the ab-
dication and the vacancy of the Throne ; that it
did not only relate to King Jameses withdrawing
himfelf, but to his ceafing to govern according to
our conllitution and laws, fetting up his meer
will and pleafure, as the meafure of his govern-
ment : This was made plainer, by another claufe
in the a6t:s then pafTed, which provided, that if
any of our Princes fhould become Papifts, or
marry Papifts, the fubjeds were, in thofe cafes,
declared to be free from their allegiance. Some
of the Bifhops fpoke in this debate on each fide ;
Hooper^ Bifhopof jS^/i? and Wells ^ fpoke in excufe
of Sacheverell ; But 'Talbot^ Bifhop of Oxford j
JVake^ Bifhop of Lincoln \ and Trimnell^ Bifhop
' of
A. 1710. DEBATES. 263
* o^ Nori^ich^ and my felf, fpoke on the other
* fide. We fhewed the falfliood of an opinion too
' commonly received, that the Church of England
' had always condemned refiftance, even in the
' cafes of extreme tyranny : The books of the
' Maccabees^ bound in our bibles, and approved by
' our articles, (as containing examples of life and
' inftrudion of manners, tho' not as any part of
' the canon of the fcripture) contained a full and
' clear precedent for refilling and fhaking off ex-
' treme tyranny : The Jews^ under that brave fa-
' mily, not only defended themfelves again ft An-
' tiochus^ but formed themfelves into a free and
* new government. Our Homilies were only
« againft wilful rebellion, fuch as had been then
* againft our Kings, while they were governing by
' law : But at that very time, Queen Elizabeth had
' aflifted, firft the Scotch^ and then the French^ and
* to the end of her days continued to prote6l the
' States^ who not only refifted, but, d^ the Macca-
' bees had done, ftiook off the Spanijh yoke, and
* fet up a new form of government : In all this
' ftie was not only juftified by the beft writers of
' that time, fuch as Jewell and BHfon^ but was ap-
* proved and fupported in it: Both her Parliaments
' and Convocations gave her fubfidies, to carry on
* thofe wars. The fame principles were kept up
* all King Jameses reign : In the beginning of
* King Chariest reign, he protected the RochdlerSy
* and afked fupplies from the Parliament, to enable
* him to do it effedually •, and ordered a faft- and
* prayers to be made for them. It is true, loon
' after that, new notions of abfolute power, de-
' rived from God to Kings, were taken up ; at the
' firft rife given to thefe by Manwaring^ they were
' condemned by a fentence of the Lords ; and tho'
* he fubmitted, and retraced his opinion, yet a'
* fevere cenfure paffed upon hi^i : But during the
S 4 * long
204 Parliamentary A. 1710.
* long difcontlnuance of Parliaments that followed,
* this dodrine was more favoured ; it was general-
* \y preached up, and many things were done pur-
* fuant to it, which put the nation into the great
' convulfiorjs, that followed in our civil wars. Af-
* ter thefe were over, it was natural to return to the
' other extreme, as courts naturally favour fuch
* do6lrines. King James trufted too much to it ;
* yet the very ailertors of that dodrine were the
* firfl, who pleaded for refiftance, when they
* thought they needed it. Flere was matter for
* a long debate : It was carried by a majority of
' feventeen, that the firfl article was proved. The
' party, that was for Sacheverell, made no oppofi-
' tion to the votes upon the following articles-, but
* contented themfelves, with protefling againfl
' them : The Lords went down to the Hall, where
* the queilion being put upon the whole impeach-
"* ment. Guilty or Not Guilty, fifty -two voted him
* Not Guilty^ and fixty-nine voted him Guilty,
*■ The next debate was, what cenfure ought to pafs
' upon him : And here a it range turn appeared -,
*•' fome feemed to apprehend the effeds of a popu-
' lar fury, if the cenfure was fevere ; by others it
' was faid, that the Queen defired it might be
' mild -, fo it was propofed to fufpend him from
* preaching for one year ; others were for fix years ;
* but by a vote it was fixed to three years. It was
* next moved, that he fhould be incapable of all
* preferment for thofe three years-, upon that, the
^ houfe was divided, fifty-nine were for the vote,
* and fixty were againft it ; fo that being laid a-
* fide, the fermon was ordered to be burnt, in the
* prefence of the Lord Mayor, and the Sheriffs of
* London^ and this v/as done \ only the Lord May-
^ or, being a member of the houfe of Commons,
' did not think he was bound to be prefent. The
' Lords
A. lyio. DEBATES. 265
' Lords alfo voted, that the decrees of the univer-
' fity oi Oxford^ palTed in 1683, in which the ab-
' folute authority of Princes, and the unalterable-
' nefs of the hereditary right of fucceeding to the
' crown, were alferted in a very high ftrain, fhould
' be burnt with SachevereWs fermon : The houfe of
' Commons likewife ordered the impious coik6lion
* of blafphemous expreflions, that Sacheverell had
* printed as his juflification, to be alfo burnt.
' When this mild judgment was given, thofe,
' who had fupported him during the trial, expreffed
' an inconceivable gladnefs, as if they had got a
' victory ; bonefires, illuminations, and other marks
* of joy appeared, not only in London^ but over the
' whole kingdom.
' This had yet greater effe^ls : addreffes were fet Addrefles a-
« on foot, from all parts of the nation, in which par^ait.
' the abfolute power of our Princes was aflerted,
* and all refifVance was condemned, under the de-
' fignation of antimonarchical and republican prin-
' ciples •, the Queen's hereditary right was acknow-
' ledged, and yet a zeal for the Proteflant fuccelli-
* on was likewife pretended, to make thofe addrefles
' pafs the more eafily, with unthinking multitudes :
' Moil of thefe concluded, with an intimation of
* their hopes, that the Queen would diffolve the
' prefent Parliament, giving afTurances, that in a
* new ele6lion, they would choofe none, but fuch
* as fhould be faithful to the crov/n, and zealous
' for the Church : Thefe were at firfl: more coldly
' received ; for the Queen either made no anfwer
* at all, or made them in very general words. Ad-
* dreffes were brought up on the other hand, mag-
* nifying the conduct of the Parliament, and ex-
* preffing a zeal for maintaining the revolution and
* the Proteftant fuccelfion.
J LIST
-jm
Par liamentary A. 17 lo,
A LI ST of f be Lords who voted for a?id
againji Dr. Sacheverell.
LOrd Harvey^ guilty. Lord Hunfdon^ guilty.
Lord Conway^ not Lord Chandois^ not
guilty. guilty.
Lord Guernfey^ not Lord North and Greyy
guilty. not guilty.
Lord Hallifaxy guilty. Lord Paget^ guilty.
Lord Haverfiam^ not L. IVilloughhy of Brooke^
guilty. not guilty.
Lord Herbert^ guilty. Lord Fitzwalter^ guilty.
Lord Weft on ^ not guilty. Lord Ferrers^ not guil-
Lord Lempftery not ty.
guilty. Lord Be la War^ guilty.
Lord Guilford^ not Bifhop of St. Afafh^
guilty. guilty.
Lord Stawell^ not guilty. Bifhop of Norwich^
Lord 'Dartmouth y not guilty.
guilty. Bifhop of Chefter^ not
Lord OJfuIfton^ guilty. guilty.
Lord Osborne^ not Bifliop of L/w^o/;^, guilty.
guilty. Bifhop of Bath and Wells^
Lord Craven^ not guilty. not guilty.
Lord CovnzvaWs^ guilty. Bifhop of Oxford^ guil-
Lord Berkley oi Siratton^ ty.
not guilty. Bifhop of Peterborough^
Lord Lexington y not guilty.
guilty. Billiop of Ely^ guilty.
Lord i^^<:^/;jf^i>^;;;, guilty. Bifhop of Sarum, guil-
Lord Colepeper^ guilty. ty.
Lord Byron ^ guilty. Bifhop of Rochefter^ not
Lord Leigh ^ not guilty. guilty.
Lord Mohun^ guilty. Bifliop of Durham ^ not
Lord//(5ze;^rJof Efcrick, guilty,
not guilty Bifliop
A. 1710. DEB
Bifliop of London^ not
guilty.
Lord Vifcount Weymouth^
not guilty.
Lord Vifcoimt Say^ and
Sele^ not guilty.
Earl of JJlay^ guilty.
Earl of Glafgow^ guilty.
Earl of Rofeberry, guil-
ty.
Earl of Se^field^ guilty.
Earl of Orkney^ guilty.
Earl of Northesk^ not
guilty.
Earl of Leven^ guilty.
Earl of TVymes^ not
guilty.
'E.?ix\o^ Loudoun, guilty.
Earl of M^r, not guilty.
Earl of Crawford^ ^mi-
Earl oiCbolmondeley^gml"
ty.
Earl Poukt^ not guilty.
Earl of Wharton^ guilty.
Earl of Greenwich^ guil-
Earl of Grantham^ guil-
ty-
Earl Q^Jerfey^ not guil-
ty-
HslyI oWrford^ guilty.
Earl of Bradford^ guil-
ty-
Earl Q^ Warrington^ guil-
ty.
Earl of Searhoroughy
not guilty.
A T E S. 267
Earl of Portland^ ginlty.
Earl of Plymouth^ not
guilty.
Earl of Holdernefs, guil-
ty.
Earl of Ahington^ not
guilty.
Earl of Rochefter^ not
guilty.
Earl di Nottingham^ not
guilty.
Earl of Berkeley^ guilty.
Earl of Tarmouthy not
guilty.
Earl of Radnor^ guilty.
Earl of Sujjexy not guil-
ty-
Earl of Carlijle^ guilty.
Earl of Anglefey^ not
guilty.
Earl of Scarfdale^ not
guilty.
Earl of Sunderland^ guil-
ty-
'EdivloiThanet, not guil-
ty.
Earl o^ IVinchelfea, guil-
^ty.
Earl of Stamford^ guilty.
Earl Rivers^ guilty.
Earl of Berkjbire^ not
guilty.
Earl of Mancheftery guil-
ty-
Earl of Wejimorlandy
guilty.
Earl of Denbigh, not
guilty.
Earl
205 FARLIAM
Earl of Northampton^
not guilty.
Earl of Leicefter^ guilty.
Earl of Bridgewater^
guilty.
Earl of Borfet and Mid-
dle f ex ^ guilty.
Earl of Lincoln^ guilty.
Earl of Pembroke^ not
guilty.
Earl of Berhy^ guilty.
Marquis of Dorchefter^
guilty.
Lord Chamberlain of
the Houfhold, guilty.
Duke of Dover^ guilty.
Duke of Roxhorough^
guilty.
Duke ot Mcntrofs^ guil-
ty.
Duke of Hamilton^ not
guilty.
Duke of Buckingham-
Jhire^ not guilty.
Duke of Bedford^ guilty.
Duke of Leeds^ not
guilty.
ENTARY A. 17 10.
Duke o^ Shrewsbury^ not
guilty.
Duke of Schomberg^gml'
ty.
Duke of Bolton^ guilty.
Duke of St. Albans^ guil-
ty-
Duke of Northumberland
not guilty.
Duke of Beaufort^ not
guilty.
Duke of Ormonde not
guilty.
Duke of Grafton^ guilty.
Duke o{ Richmond^ guil-
ty.
Duke of Cleaveland^ and
Southampton^ guilty.
Lord Steward, guilty.
Lord Privy- feal, guilty.
Lord Prefidcnt, guilty.
Lord Treafurer, guilty.
Archbifhop of Tork^ not
guilty.
Lord Chancellor, guilty.
A Lisr
A. I7I0. DEBATES.
?^9
A LI ST" of the viemlers of the houfe of Com-
mons^ who in fome or other of the queftions
upon the impeachfnent o/'jDr. Sacheverell, for
high crimen and mifdemeanorSy voted for and
agaiiifl him.
Note, "lihofe with this mark [*] were for the Bo^or.
"The reft again ft him, 'The Managers are marked
thus [t+t].
Bedford/hire,
RIGHTRon. Edw.
RufTel.
Sir Will. Goftwick Bar.
Town o^ Bedford.
Willian Farrer Efq;
William Hillerfdon Efq*,
Berks.
* Sir John Stonehoufe
Bart.
Richard Nevil Efq
Borough of New Wind-
for.
Right Hon. John Lord
Vifcount Fitzharding.
Richard Topham Efq-,
Borough of Reading.
* Anthony Blagrave
Efq;
Owen Buckingham Efq;
Borough of Wallingford.
Grey Nevil Efq;
* Thomas Renda Efq;
Borough of Abingdon.
William Hucks Efq;
Bucks.
Richard Hampden Efq;
Town of Buckingham.
Sir Richard Temple Bar.
Alexander Denton Efq;
Borough of Chippin-
Wicomb.
Charles Godfrey Efq;
Fleetwood Dormer Efq;
Borough of Aylesbury.
Simon Mayne Efq;
Borough of Agmonde-
Jham.
^ Francis Duncombe
Efq;
* Sir Samuel Garrard
Bart.
Borough of PFendov.er.
Harry- Grey Nevill Efq-,
Sir Roger Hill Knt.
Borough of Great
Marlow.
* Sir James EcheredgeKt.
James
270 r A R L I A M
James Chafe Efq-,
Cambridge/hire,
Sir Rufhout Cullen Bart.
* John Bromley Efq*,
Univerfity of Cam-
bridge.
* Hon. Arthur Annefley
Efq;
* Hon. Dixey Windfor
Efq;
Town of Cambridge.
* John-Hynde Cotton
Efq;
* Samuel Shepheard
Efq;
Chefljire.
Hon. Langham Booth
Efq;
John-Crew Offley Efq;
City of Chefter.
* Sir Henry Bunbury
Bart.
* Peter Shaker] ey Efq;
Cornwall,
* James Buller Efq;
Borough of Dunbivid^
alias Launcejion.
* Rt. Hon. Henry Lord
Hyde.
* William Cary Efq;
Borough of Leskard.
f 4.t John Dolben Efq;
Borough of LeftwithieL
ENTARY /\.I7I0,
Francis Roberts Efq;
Borough of I'ruro.
Robert Furnefs Efq;
Henry Vincent Efq;
Borough of Bodmin.
Hon. Ruflcll Robarts
Efq;
* John Trevanion Efq;
Borough of Heljione,
John Evelyn Efq;
Sidney Godolphin Efq;
Borough of Saltajh.
* Sir Cholmley Bering
Bart.
* Alexander Pendarves
Efq;
Borough of Camelford.
* John iManly Efq;
Borough of Portpig^
ham^ alias IVeftlow,
* John Conyers Efq;
Borough of Gram-
pound.
James Craggs Efq;
Thomas Scawen Efq;
Borough of Eaftlow,
* Sir Henry Seymour.
* Harry Trelawny Efq;
Borough of Tregony.
Anthony Nicoll Efq;
* Thomas Heme Efq;
Borough of Bofftney,
Samuel Travers Efq;
Francis Foot Efq;
Borough of St. Ives.
* John Praed Efq;
* John Borlace Efq;
Borough of Foway.
* George Granville Efq;
Henry
A. 1710. DEBATES.
Henry Vincent Jun.
Efq;
Borough of St. Ger-
mains.
* Edward Elliot Efq;
* Francis Scobell Efq;
Borough of St. Mi-
chael.
Hugh Fortefcue Efq;
jSir William Hodges
Bar.
Borough of Newport.
* Sir Nicholas Morrice
Bar.
* Sir William Pole Bar.
Cumberland,
Gilfred Lawfon Efq;
City of Carlijle,
t4,t Sir James Mon-
tague Kt. her Majejifs
Attorney-General.
Borough of Cocker-
mouth.
t_j-t James Stanhope
Efq-,
Hon. Albermarle Bertie
Efq;
Berhyjhire.
Right Hon. Tho, Coke
Efq ♦, Vice - Chamberlain .
* John Curzon Efq;
Town of Derby.
t4.f Sir Tho. Parker
Kt. Lord Chiefjujtice
cf the ^ieen*s- Bench,
271
Devonjhirs.
* SirWill.CourtenayBar.
* Robert Rolle Efq;
City of Exeter.
* Nicolas Wood Efq;
John Harris Efq;
Borough of Totnefs.
* Sir Edward Seymour
Bar.
* George Courtenay
Efq;
Borough of Plymouth,
Sir George Byng Kt.
Town of Oakehamp^
ton.
John Dibble Efq;
Borough of Barnftaple.
* Richard Ackland Efq;
* Nicolas Hooper Efq;
one of her Majejly's
Serjeants at law.
Borough of Plympton,
George Treby Efq;
Borough of Honiton.
* Sir Will. Drake Knt.
and Bar.
Sir Walter Yonge Bar.
Borough of "Taveftock.
Sir John Cope jun. Knt.
* Henry Manaton Efq;
Borough of Ajhburton,
Roger Tuckfield Efq;
Robert Balle Efq;
Borough of Clifton
Dartmouth Hardnes.
* Nathaniel Heme Efq;
"^ Frederick Heme Efq;
Borouo;h
Borough of Boralfion,
•\\.-\ Spencer Cowper
Efq;
t4.t Sir Peter King
Knt. Recorder of the-
City of London i
Borough of 'Tiverton,
Thomas Bere Efq;
* Richard Mervin Efq;
Dorfetjldire,
* Thomas Strangeways
Efq;
* Thomas ChafHn Efq;
Town of Focle.
* Wilham Lewen Efq;
Thomas Ridge Efq;
Borough oi'Dorchefter.
Awnfham Churchill Efq;
Borough of Lyme-
Regis,
Thomas Freke Efq;
John Burridge Efq;
Borough of JVeymouth,
Edward ClaveHEfq;
Borough of Melcomh-
Regis.
Hon. Maurice Aililev
Efq;
Anthony Henley Efq;
Borough of Rridport,
* Tho. Strangeways jun.
Efq;
William Coventry Efq;
Borough of Sbafton,
alias Shaft shiiry.
Sir John propley Bart,
* Edward Nicholas Efq;
Borough of Wareham.
Rt. Hon. Thom/as Erie
Efq;
* George Pitt Efq;
Borough of Corfe-
Caftle.
* John Banks Efq;
* Richard Fownes Efq;
Durham,
Vane
Hon. Wilham
Efq;
* Sir Robert Eden Bart.
City of Durham.
Thomas Conyers Efq;
James Nicholfon Efq;
EJfex,
Thomas Middleton Efq;
Borough of Colchejler,
Sir Ifiac Rebow Knt.
Sir Thomas Webfler
Bart.
Borough of Maiden.
* Sir Richard Child
Bart.
Thomas Richmond Efq;
Borough of Harwich.
Kendrick Edifbury Efq;
Thomas Frankland Efq;
Clone eft erjhire,
Matthew Ducie Mortoa
Efq;
Sir
A. 1710. DEBATES.
Sir John Guife Bart.
273
City of Gloucefter.
Francis Windham Efq;
* Thomas Webb Efq;
Borough of Cirencefter,
* Allen Bathurll Efq;
* Charles Cox Efq;
Borough of Tewkshury,
Henry I re ton Efq;
Herefordjhire,
* Rt. Hon. James Lord
Vifcount Scudamore.
* John Price of Wifle-
flon Efq;
Ci ty of Hereford.
Hon. James BrydgesEfq;
* Thomas Foley Efq;
Borough of Lempfter,
t4.t Hon. Tho. Lord
Coningfby.
* Edward Harley Efq;
Borough of Weohly.
John Birch Efq; Serjeant Sir Thomas Colepeper
Huntingtonjhire,
* John Probey Efq;
John Pocklinton Efq;
Borough of Hunting-
ton.
Edward Wortley, alias
Mountague Efq;
Francis Page Efq;
Kent.
Sir Thomas Palmer Bar.
David Polhill Efq;
City of Canterbury.
Hon. Edward Watfon
Efq;
Thomas D'Aeth jun.
Efq;-
City of Rochefter,
Sir Stafford Fairborne Kt.
Sir John Leake Kt.
Borough o^ Maidftone,
at Law.
* Henry Gorges Efq;
Hertfordjhire.
* Ralph Freeman jun.
Efq;
^ Thomas Halfey Efq;
Borough of St. Albans.
^ John Gape Efq;
[ofhua Lomax Efq;
Borough of Hertford.
5ir Thomas Clarke Kt.
William Monfon Efq;
Vol. Y.
Bart.
Sir Robert Marfham Bar.
Borough of ^.eenbo-
rough.
Sir John Jennings Kt.
Henry Withers Efq;
Lancafiire,
* Richard Shuttleworth
Efq;
Borough of Prefton in
Amoundernefs.
* Hepry Fleetwood Efq;
T Ardiur
274-
J, .rv IN. ij X xa. IV J. x:/ ix x ra. j\. x
Arthur Manwaring Efq-,
Borough of Lancafter.
* Robert Heyfham Efq j
* William Hey fliamEfq-,
Borough of Ne-wiown,
* Jo. Ward of Capejl-
horn^ Efq;
Borough of Wigan.
Sir Roger Bradfhaigh
Bart.
Henry Bradfhaigh Efq-,
Borough of Clithero.
* Edward Harvie Efq-,
* Chriftopher Parker
Borough of Liverpoole.
Sir Thomas Johnfon Kt.
Richard Norris Efq-,
LeicefterPoire,
* Jeffery Palmer Efq;
SirGilbert PickeringBar.
Town Q^ Leicejier,
* Sir George Beaumont
Bart.
* James Winflanley Efq;
Lincolnjhire,
* Rt. Hon. Peregrine
Lord Willoughby of
Ereshy.
George Whichcot Efq;
City qf Lincoln.
* Sir Tho. Meres Kt.
* Thomas Lifler Efq;
Borough o^ Bo ft on.
Hon. Peregrine Bertie
Efq;
* Richard Wynn Efq;.
Borough of Great
Grimsby.
* Arthur Moore Efq;
Will. Cotefworth Efq;
Borough of Stamford,
*Hon. Char. Cecil Efq;
* Hon. Char. Bertie Efq;
Borough oi Grantham.
Sir William Ellys Bart.
Middle/ex,
John Auftin Efq;
Scorie Barker Efq;
City of IVftininfter.
tit Rt. Hon. Henry
Boyle Efq; one her
Majefty^s Principal Se-
cretaries of State.
* Tho. Medlicott Efq;
City of London.
* Sir Will. Withers Kt.
Sir Will. Afh]iurfl Kt.
Sir Gil. Heathcote Kt.
* John Ward Efq;
Monmouthfhire,
John Morgan of ^rede-
gd.r Efq;
* Rt. Hon. Tho. Lord
Vifcount Windfor.
Borough of Monmouth.
* Clayton Milborn Efq;
Norfolk.
tit Sir John Holland
Bart.
Aih
A. 1710. DEB
Alh Windham Efq;
City of Norwich.
Waller Bacon Efq;
John Chambers Elq;
Town of Lynn-Re-
gis.
Sir Charles Turner Kt.
t-l-t Robert Walpole
Efq;
Town of Great T^ar-
mouth.
* Richard Ferrier Efq;
Borough of Thetford.
Robert Bay! is Efq;
Thomas de Grey Efq-,
Borough of Cajile-
rifing.
Hon. William Fielding
Efq-,
* Horatio Walpole Efq;
Northampton/hire.
* Sir Juftinian Ifham
Bart.
* Thomas Cartwright
Efq-,
City of Peterbo-
rough,
Hon. Sidney Wortley
alias Montague Eiq-,
* Sir Gil Dolben Bart.
Town o{ Northampton.
Hon. Geo. Mountague
Efq;
* F. Arundel jun. Efq-,
Town of Brackley.
Hon. Charles Egerton
Efq-,
A T E S. 275
Hon. William Egerton
Efq;
Borough of Higham-
Ferrers.
* Hon. Thomas Went-
worth Efqi
Northumberland.
* Thomas Forfter jun.
Efq^
Town of Newcaftle up-
on 'Tyne.
William Carr Efq;
Sir Henry Lyddel Bart.
Borough of Mor-
peth.
Sir Rich. Sandford Bart.
Sir John Bennet Kt. Ser-
jeant at Law.
Town o^ Berwick upon
Tweed.
Jonathan Hutchinfon
Efq-,
Nottingham/hire.
John Thornhagh Efq;
Town o^ Nottingham.
John Plumtree Efq;
Robie Sherwin Efq;
Borough of Eaft-Red-
ford.
Thomas White Efq;
* WilHam Levin z Efq;
Town of Newark
upon Trent.
Hon. Rich. Sutton Efq;
T2
0>:on
lyu
JT A K L, A A iVl H, IN 1 il K Y
Ox on.
Rt. Hon. Francis Lord
Vifcoiint Raikon.
* Sir Robert Jenkinfon
Bart.
Univerfity of Oxford.
* Sir William Whitlock
Kt.
* William Bromley Efq;
City of Oxon.
* Sir John Walter Bart.
* Thomas Rowney Efq-,
Borough o^ New
TVocdftock.
Sir Thomas Wheate Bar.
Borough o^ Banbury,
* Hon. Charles North
Efq;
Rutland/hire
Philip Sherard Efq;
* Richard Halford Efq;
Salop.
Rt. Hon. Henry Lord
Newport.
Sir Robert Corbett Bar.
Town of Salop.
Sir Edward Leyton, Kt.
Jones Efq;
Borough of Bruges, ■
alias Bridgenortb.
Sir Humphrey Briggs
Bart.
^. 1710.
Borough of Ludlow.
* Sir Tho. Powys Kt.
Her Majefiy^s Serjeant
at Law.
* Adpn Baldwyn Efq;
Borough of Great
Wenlock.
Sir Will. Forell-er Kt.
Thomas Weld Efq;
Town o^Bifljops-Cafile,
Richard Harnage Efq;
Charles Mafon Efq;
SomerfetJJjire.
* Henry Portman Efq;
* John Prowfe Efq;
City of Briftol.
Robert Yate Efq;
Sir William Daines Kt.
City of Balh.
Will. Blaithwayt Efq;
* Samuel Trotman Efq;
City of ^^//j.
* Edward Col (Ion Jun.
William Coward Efq;
Borough of 'Taunton.
* Sir Francis WarreBar,
Borough of Bridge-
water.
George Dodington Efq;
George Balch Efq;
Borough of Minehead.
* Sir John Trevelyan Bar.
* Sir Jacob Banks Kt.
Borough of Ilcbejler.
* Edw. Fhelipps Efq;
* James.
A. 1710.
* James Johnfon Efq-,
Borough of Milburn-
Port.
Thomas Smith Efq-,
DEBATES.
SirEdward Lawrence Kt.
Borouo;h of Neiv-
277
town.
Southampton.
Rr. Hon. Charles Lord
Marquis of Winche-
fter.
City of JVinchefter.
t+t Rt. Hon. Lord
William Paulett,
George-Rodney Bridges
Efq;
Town of Southamp-
ton.
* Simeon Stewart Efq;
Adam de Cardonnel jun.
Efq;
Town of Portfmouth.
Sir Charles Wager Kt.
Borough of Tar-
mouth.
* Henry Holmes Efq;
Anthony Morgan Efq;
Borough of Peters-
field.
* Leonard Bilfon Efq;
Hon. Norton Pawlett
Efq;
Borough of Newport^
alias Medena.
Sir Triftram Dillington
Bart.
* William Stephens Efq;
Borough of Stock-
bridge.
t+tSirJohnHawIesKt;,
James Worfley Efq;
Henry Worfley Efq;
Borough of Chrift-
Church.
* Francis Gwyn Efq;
* William Ettricke Efq;
Borough of Lyming-
ton.
Paul Burrard Efq;
Richard Chaundler Efq;
Borough of Whit-
church.
Richard Woolafton Efq;
George Bridges Efq;
Borough o^ And over.
■\\.-\ Rt. Hon. J. Smyth
Efq;
William Guidott Efq;
Stafford/hire,
*Hon.HenryPagettEfq-,
* John Wrottefley Efq;
City of Litchfield,
* John Cotes Efq;
Borough of Stafi^ord.
* Thomas Foley Efq;
Walter Chetwynd Efq;
Borough of Newcajile
under- Line.
Crew Offley Efq;
John Lawton Efq;
Borough of 'Tamworth,
* Jofeph Girdler Efq;
Serjeant at law.
Richard Swinfen Efq;
T 3 Suffolh
270
r AR LIAMBNT ARY
Suffolk,
* Sir Thomas Hanmer
Bart.
* Sir Robert Davers Bart.
Borough of Ipfwich.
William Churchill Efq;
* Sir William Barker
Bart.
Borough of Bunwich,
Sir Richard Allen.
Daniel Harvey Efq^
Borough of OrforcL
* Clement CurranceEfqi
t+t Will. Thompfon
Borough of Aid-
borough.
* Sir Henry Johnfon Bar.
* William Johnfon Efq*,
Borough of Sudbury.
Philip Skippon Efq-,
Sir Harvey Elwcs Bar.
Borough of Eye.
-f'^t Hon. Spencer
Compton Efq;
t+t Sir Jofeph Jekyl
Kt. CMef jufice of
Chefter.
Borough of St. Ed-
m on as bury.
* Jof. Weld Efq-, Serj.
at law.
Surrey,
3ir William Scawen Kt.
/i. 17 10.
Borough of South-
war k.
Charles Coxe Efq-,
John Cholmley Efq;
Borough of Blechingly,
Thomas OnQow Efq;
George Evelyn Efq;
Borough of Rygate.
James Cocks Efq;
* Sir John Parfons Kt.
Borough of Guilford,
Denzill Onflow Efq;
* Morgan Randyll Efq;
Borough of Gatton.
* SirGeorgeNev/land Kt.
* Paul Dominique Efq;
Borough of Hajle-
mere.
* Theop.Oglethorp Efq;
Carey Efq;
Suffex,
Sir Henry Peachy Kt,
Peter Gott Efq;
City of Cbichejler,
Thomas Car Efq;
* Sir Rich. Farringtoa
Bart.
Borough of HorJJjarn,
* Charles Eversfeild Efq;
John Wicker Efq;
Borough of Midfijiirft,
* Lawrence Alcock Efqj
Lieut. Gen. Meredith.
Borough of Lewes,
Samuel Gott Efq;
Thomas Pelham Efq;
Borough
A. 1710. DEB
Borough of New S bo-
ram.
John Page Efq;
Richard lioyd Efq;
Borough of Bramher,
WilHam Hale Efq-,
Sir Cleve Moor Bart.
Borough of Steyning,
Henry Goring Efq;
Borough of Eajl-
Grifjfted.
Hon. Richard Lumley
Efq; •
* Henry Campion Efq;
Borough of Arundel.
Lord Lumley.
Rt. Hon. Richard Ld.
Vifcount Shannon.
JVarwUkJhire.
* SirJohnMordauntBar.
* Andrew Archer Efq;
City of Coventry.
Sir Orlando Bridgman
Bart.
Edward Hopkins Efq;
Borough of Warwick.
* Hon. Francis Greville
Efq;
* Hon. Dodington Gre-
ville P^fq;
JVefimorland,
Daniel Wilfon Efq;
* James Grahame Efq;
A T E S.
Borough of Apulhy.
* Edward Duncombe
Efq;
t4,t Nich. Lechmere
Efq;
Wiltjhire.
* Sir Richard How Bar.
* Robert Hyde Efq;
City of New Sarum,
t4-t Robert Eyre Efq;
* Charles Fox Efq;
Borough of JVillon.
Sir Lambert Blackwell
Bir.
Charles MompefibnEfq;
Borough of Z)^w«^/^«.
* Sir Charles Duncombe
Kt.
John Eyre Elq;
Borough of Hindon.
* Ed mond Lambert Efqf
Reynolds Calthorp Efq;
Borough of Heytes-
bury.
Edward Aflie Efq;
William Afhe jun, Efq;
Borough of Wefthury.
* Hon.Henry Bertie Efq;
* Francis Annefley Efq-,
Borough of CpMe.
Edward Baynton Efq;
George Duckett Efq;
Borough of Devizes.
Jofiah Dillon Efq;
Paul Methuen Efq;
279
T4
Borough
SOO r Ji. K L. L J\ iVi iL
Borough of Chippen-
ham.
^' Sir James Long Bart.
James Montague Efq-,
Borough of Malmes-
burv.
Thomas FarrlngtonEfq;
Borough of Crick lade,
Edmund Dtmch Efq-,
James Vernon Efq;
Borough of Great
Bedzvin.
* Rt. Hon. Charles Ed.
Bruce.
Borough of Lugger f-
hall
^Hon^RobertBruceEfq;
Borough of 0/^6"^^//;?/.
* William Harvie Efq-,
* Robert Pitt Efq;
Borough of Wooton- .
Baffet.
* Francis Popham Efq;
Hon. Robert Cecil Efq;
Borough of Marlbo-
rough.
* Hon.Jam.es Bruce Efq;
Sir Edward Ernie Bart.
IVorcefterjhire .
"^ Sir John Packington
Bart.
Sir Thomas Cookes
Windford Bart.
City of IVorcefter,
Thomas Wylde Efq;
* Samuel Swift ^{c^.
Borough of Broit'
wich.
* Edward Foley Efq;
* Edward Winnington
Efq;
Borough of Evejham.
Sir Edward Goodere Bar.
John Rudge Efq;
Torkjhire,
* Rt. Hon. Henry Ld.
Vifcount Down.
Sir William Strickland
Bart.
City of Tofk.
Sir Wm. Robinfon Bart.
* Robert Benfon Efq;
Town of Kingfton up-
on Hull.
Sir William St. Quintin
Bart.
William Maifter Efq;
Borough of Knaresbo-
rough.
Chriftopher Stockdale
Efq;
* Robert Byerley Efq;
Borough of Scarbo'
rough.
WilliamThompfon Efq;
* John Hungerford Efq;
Borough oi Richmond.
* John Aiflabie Efq;
* John Sharpe Efq;
Borough of Rippon.
* Thomas York Efq;
t.|.t Hon. Henry Mor-
daunt Efq;
Borough
A. 1710. D E B A
Borough of Hey don.
William Pulteney jun.
Efq-,
Hugh Cholmeley Efq;
Borough of Borough-
hrigg.
* Sir Bryan Stapylton
Bart.
Craven Peyton Efq;
Borough of Malton,
William Palmes Efq;
William Strickland Efq;
Borough of Tbrisk.
Sir Thomas Frankland
Bart.
. Smalt Kfq;
Borough of Aldbo-
rough.
William JelTop Efq;
Borough of Beverly.
Sir Charles Hotham Bar.
* Sir Michael Wharton
Bart.
Borough of NorthaU
lerton.
Sir William Huftler Kt.
Roger Gale Efq;
* Borough of Ponte-
fra£f.
Sir John Bland Bart.
William Lowther Efq;
BARONS of the
Cinque-Porls,
Port of Hqftings.
John Pulteney Efq;
T E S.
Port of Dover,
Matthew Aylmer Efq;
Philip Papillon Efq;
Port o^ Sandwich.
Sir Henry Furnefe Bart.
Jofias Burchett Efq;
Port of Hythe.
Hon. John Fane Efq;
* John Boteler Efq;
Port of New Rumney.
John Brewer Efq;
Walter Whitfield Efq;
Town of Rye.
Philip Gibbon Efq;
Town of IVinchelfea,
Thomas Briftol Efq;
Sir Fra. Dafhwood Ban
Town of Seaford.
William Lowndes Efq;
George Nailor Efq;
WALES.
Anglefey.
* Rt. Hon. Richard Ld,
Vifcount Bulkeley.
Borough of Beaumaris,
* Hon. Henry Bertie
Efq;
Brecon-,
* Sir Edward Williams
Bart.
.Town
Town of Brecon,
r Jeffreys Efq;
Cardigan,
* Lewis Price Efq-,
Town of Cardigan,
* Sir Simon Harcourt
Knt.
Carmarthen^
Griffin RlceEfq;
Town of Cannnrlben.
Richard Vaughan Efq;
Town of Carnarvan.
^ William Griffith Efq;
Denbigh,
* Sir Rich. Myddleton
Bart.
Town of Benhigh.
* Sir Will. Williams Bar.
Town of Flint.
* Sir John Conway Bart.
Glamm-gan,
* Sir Thomas Manfell of
Margam Bart.
Town oiCardiffe.
Sir John Aubrey Bart.
Merioneth.
* Richard Vaughan Efq;
Montgomery,
* Edward Vaughan Efq;
Pembroke,
Wiriot Owen Efq;
Town o^ Pembroke,
Sir Arthur Owen Bart.
Town of Haverford-
JVeJi.
* John Laugharne Efq;
Radnor,
* Thomas Harley Efq;
Town of New Rad-
nor.
* Rt. Hon. Rob. Har-
ley Efq;
SCOTLAND.
Shire of Aberdeen,
Sir Alexander Cumming
of Culter Knt.
Burgh of Aberdeen.
Hon. John Gordon Efq;
Shire of Air,
Hon. Era. Montgomery
Efq;
Burgh of Air,
Hon. James Campbell
Efq;
Shire
A. 1710. DEB
Shire of Argyle.
Sir James Campbell of
Ardkinglafs.
Shire of Bamff,
Alexander Abercrombie
of GlaiTaugh Efq;
Shire of Berwick.
George Bailie of Jervif-
wood Efq;
Shires of Bute and
Cathnefs.
John Montgomery Efq;
Shires of Clacma7inan
and Kinrofs.
Hon. William Dal-
rymple of Glenmuir
Efq-,
Shire of Dumbarton.
John Campbell of Ma-
jnore Efq-,
Shire of Dumfreis,
William Greir Efq;
Burgh of Dumfreis.
* William Johnfbon Efq*,
Shire of Edinburgh.
* Geo. Lockhart of Carn-
warth Efq;
City of Edinburgh,
Sir Patrick Johnfton.
Shire of Elgin.
* Robert Urquhart Jun.
of Burdfyeards Efq;
Burgh of Elgin.
Hon. Col. Patrick Ogil-
vie of Loan may.
Shire of Fife.
* Sir J. Abeicrombie Bar.
Burgh of Dyfert.
Hon. John Sinclair Efq-,
A T E S.
Burgh of Anjlruther-
Eaft.
* Sir John Anftruther
jun. of Anftruther.
Shire of Forfar.
* John Carnegie of Boy-
fick Efq;
Shire of Haddington.
John Cockburn of Or-
miftoun Efq;
Burgh of Haddington,
■\\.-\ Sir David Dairy m-
ple of Hailes Bart.
Shire of Invernefs.
Alex.Grant of Grant Efq;
Burgh of Fnvernefs.
Alex. DufF of Drumuir
Efq;
Shire of Kin car din.
Sir D. Ramfay of Bal-
main Bart.
Stewartry of Kirkud-
bright.
Lieut. Col. John Stewart
of Levinfton.
Shire of Lanerk.
Rt. Hon. Ld. Archi-
bald Hamilton of Mo-
therwell.
Burgh of Glafcow.
* Mr. Robert Roger.
Shire of Linlithgow.
* John Houftoun of
Merch.
Houftoun jun. Efq;
Burgh of Linlithgow.
Hon. Col. George Dou-
glas.
Shire
204
Shires of Nairn and
Cromarty.
Hugh Rofs jun. of Kil-
ravock Efq;
Shires of Orkney and
Xetland.
Sir A. Douglas of Egil-
fhay.
Shires of Pehles.
Will. Morrifon of Pref-
ton-grange Efq;
Shire o^ Perth.
* -Dugald StewarC of
Blair-hall Efq;
Burgh of Perth.
* Jofeph Auftin Efq-,
Shire of Renfrew,
^^ Sir John Shaw of Gre-
nock Bar.
Shire of Rofs.
* Hon. Lieut. Gtn. Rofs
Bur2:h of Train.
Robert Douglas Efq;
li JN 1 A JK Y l\, iJlO,
Shire of Roy:hurgh.
Sir Gil. ElUott of Stobs
Bart.
Shire of Selkirk.
John Pringle of Haining
Efq;
Shire o/i Sterling.
Henry Cunningham jun.
of Bouhan Efq;
Burgh o^ Sterling.
Col. John Erfkine.
Shire o'i Sutherland.
Sir Will. Gordon of Dal-
polly Knt. and Bart.
Shire of Wigtoun.
Hon. J. Stewart of Sor-
by Efq;
Burgh of Wigtoun.
William Cockran of Kil-
m an a rock Efq;
The Parliament being prorogued to the 26th of
September., the diffolution of it began now to be pad
all manner of doubt: So that great intereft was ma-
king every where againft the new eledlions : Both
parties continuing with an infinite deal of induftry,
to blacken one anothers characters as much as pof-
fibly they could : The V/higs., to give a fpecimen
oi the difaffedlion of the Highflyers to the Protefiant
fticceffton^ notwithftanding the many addrefles they
had prefented to the contrary, as a proof thereof,
publifhed two papers, one of them entituled, A tefl
i)ffered to the confederation of the eleUors of Great- Bri-
tain ; the other, A lift of the honourable hoiife of Com-
mons , that wted for and againft the claufe for the Ha-
nover
A. 1710. DEBATES. 285
noYtv fuccejfwn^ in the ycoir 1702 j the lafl of which
is as follows :
o
N JVednefday. the 27th of Januan 1702. in ^^ °^ *^
the firit year ot her Majelty s reign, the houle/v .nd ^-
of Commons pafTed a bill, intituled, Jn a^ for efi- -^^^"^'^J^f
larging the time for taking the oath of abjuration^ and fucccflioa
alfo for recapacitating and indemnifying fiich perfons as ^!^^^lf^
have not taken the fame by the time^ and fhall take it
by the time appointed •, and the fame day fent it up to
the Lords for their concurrence.
On 'Tuefday the 9th of February following, the
Lords returned the faid bill with fome amendments,
to which they defired the Commons concurrence.
On Saturday the 13th of February^ the houfe of
Commons took into confideration the amendments
made by the Lords j the mofb material of which
being a claufe for the further fecurity of the prcr-
teflant fuccefficn in the illuftrious houfe of Hanover^
is here fet down at length, and is as follows :
' And for the further fecurity of her Majefty's
' perfon, and the fuccelTion of the crown in the pro-
* teftant line, and for extinguifhing the hopes of the
' pretended Prince q{ Wales ^ and all other pretenders,
' and their open and fecret abettors •, ,be it further
* enaded by the authority aforefaid, That if any per-
* fon or perfons, at any time after the firfl day. of
' March^ 1702, fliail endeavour to deprive or hin-
' der any perfon, who fliall be the next in fucceffion
' to the crown for the time being, according to the
' limitations in an ad, entituled, An aEi declaring the
' rights and liberties of the fubje5l ^ and fettling the fiic-
* ceffwn of the crozvn \ and according to one other
* ai5l', entituled. An ail for the further limitation of the
' crown^ and better fecuring the rights and liberties of
' the fubjecl^ from fuccceding after the deceafe of her
' Majefty (whom God long preferve) to the im-
* perial crown of this realm, and the dominions and
* territories thereunto belonging, according to the
' limitations
^OO r ARL I AM E N TAR Y /i. I7IO.
* limitations in the before- mentioned adls ; that is
* to fay, fuch ifTue of her Majefty's body, as fhall
* from time to time be next in fuccefTion to the
* crown, if it fliall pleafe God Almighty to blefs
* her Majefty with ilTue, and during the time her
* Majefty fhall have no iflue, the Princefs Sophia^
* Ele6lrefs and Dutchefs Dowager of Hanover ;
' and after the deceafe of the faid Princefs Sophia^
* the next in fuccefTion to the crown for the time be-
* ing according to the limitation of the faid a<5ls ;
* and the fame maliciouily, advifedly and direclly
* fhall attempt by any overt-a6l or deed : Every
' fuch offence fhall be adjudged high-treafon, and
' the offender or offenders therein, their abettors,
* procurers and comforters, knowing the faid of-
' fence to be done, being thereof convicted or at-
* tainted, according to the laws and ftatutes of this
* realm, fhall be deemed and adjudged traitors,
* arid fhall fuffer pains of death, and all loffes and
* forfeitures, as in cafes of high treafon.'
The other amendments were, a claufe or claufes
to enacfl the abjuration-oath to be taken in Ireland,
in the fame manner as in England^ and to provide
that no perfon, who by reafon of his negledl of
taking the oath, had forfeited his office, ^c. to
which any other perfon had been legally preferred,
Ihould be reflored to the fame, by any thing con-
tained in the act, as fent up to the Lords.
After debate, the queflion being put for agree-
ing with the Lords in t^liefe amendments, the houfe
ilivided.
Yea's,
A. 1710. DEBATES.
Yea's, for agreeing with \ No's, againft , agreeing
* the Lords, I with the Lords,
The Right Honourable
Lord Edward Ruflel.
Sir WiHiam Goftwick
Bart.
William Spencer Efq;
Richard Nevill Efq;
Richard Topham Efq;
Sir Owen Buckingham
Kt.
Sir Rich. Temple Bart.
Sir Edmund Denton
Bart.
Charles Godfrey Efq;
Fleetwood Dormer Efq;
Richard Ham.pden Efq;
James Chafe Efq-,
Sir Rufhout Cullen Bart.
The Right Honourable
Henry Boyle Efq;
Anthony Thompfon
Efq;
The Honourable Ruflel
Robarts Efq;
Henry Vincent Efq;
The Honourable Francis
Godolphin Efq;
James Craggs Efq;
Hugh Bofca\ven Efq;
Thomas Stanwix Efq;
James Stanhope Efq;
William Cowper Efq;
Sir Peter King Kt.
Thomas Bere Efq;
Robert Burridge Efq;
SirWilliam PhippardKt.
Sir John Stonehoufe Bar.
William Jennens Efq;
Thomas Renda Efq;
Sir Simon Harcourt Kt.
Soil icitor-General
Simon Harcourt Efq; of
Aylelbury.
Sir Henry Parker Bart.
Sir Samuel Garrard Bart,
Richard Crawley Efq;
Granado Pigot Efq;
The Honourable Arthur
Annefley, Efq;
Sir George Warburton
Bart.
Sir Roger Moftyn Bart.
Sir Richard Vivian Bart.
James Buller Efq;
William Cary Efq;
The Right Honourable
Henry Lord Hyde.
William Pole Efq;
Francis Scobell Efq;
Sir Henry Seymour Bar.
Alexander Pendarves
Efq;
John Manley Efq;
George Granville Efq;
Henry Flemming Efq;
John Anftis Efq;
Sir Nicholas Morice Bar,
John Tredenham Efq;
Sir WilliamCorytonBar.
Sir Chrift.MufgraveBar.
Richard Mufgrave Efq; .
• Henry
* J.^ AV X^ X XTk IVX JL/ x^ X XX J\. X
/ iu.
Yea's, for agreeing with
the Lords,
Anthony Henley Efq-,
Henry Henley Efq;
Sir John Cropley Bart.
Sir Ifaac Rebow Kt.
Maynard ColcheilerEfq-,
RichardDowdefwell Efq;
The Right Honourable
Thomas Lord Co-
ningfby.
George Sayer Efq;
The Honourable Charles
Stanley Efq;
Ambrofe Pudlay Efq;
John Chaplain Efq;
Sir William Ellys Bart.
Richard Ellys Efq;
Sir Gilbert Heathcote
Kt.
John Morgan of Trede-
^ gar Efq;
Sir Charles Turner Kt.
Robert Walpole Efq;
Sir Thomas Littleton
Bart.
The Honourable Sidney
Wortley, alias Moun-
tague Efq;
The Honourable Charles
Egerton Efq;
The Honourable Tho.
Wentworth Efq;
Sir Francis Blake Kt.
Sir Henry Liddal Bart,
William Carr Efq;
Emanuel How Efq;
No's, againft agreeing^
with the Lords,
Chriftopher Mufgrave
Efq;
John Curzon Efq;
Thomas Coke Efq;
John Harpur Efq;
Thomas Coulfon Efq;
John Woolcomb Efq;
Nich. Hooper Serjeant
at law.
Richard Hele Efq;
James Bulteel Efq;
Sir Thomas Lear Bart.
Richard Reynell Efq;
Frederick Heme Efq;
Thomas Strangeways
Efq;
Thomas Chaffin Efq;
Nathaniel Napier Efq;
The Honourable Henry
Thynne Efq;
George St. Loe Efq;
Edward Nicholas Efq;
Richard Fownes Efq;
Sir Robert Eden Bart.
Sir Henry Bellafyfe Kt.
Thomas Conyers Efq;
Sir Charles Barrington '
Bart.
William Fytche Efq;
John Comyns Efq;
The Right Honourable
John How, Efq;
William Trye, Efq;
Charles Cox Efq; of Ci-
renceiler.
Sir
A. 171a DEBATES.
289
Yea's, for agreeing with
the Lords.
Sir John Delaval Bar.
Samuel Ogle Efq;
Jonath. Hutchinfon Efq-,
John Thornaugh Efq;
SirFrancisMolyneux Bar.
George Gregory Efq;
Sir Humphry Briggs Kt.
Sir William ForrefterKt.
George Weld Efq;
Robert Yate Efq;
Sir William Daines Kt.
Edward Clark Efq;
George Balch Efq;
The Right Honourable
Lord William Pawlet.
George Rodney Bridges
Efq;
Anthony Morgan Efq;
Robert Mitchell Efq;
Thomas Dore Efq;
Paul Burrard Efq;
Richard Woolaflon Efq;
The Right Honourable
John Smith Efq;
Sir Michael Biddulph
Bar.
John Crew Offley Efq;
Thomas Guy Efq;
The Honourable Spencer
Compton Efq;
Sir Jofeph Jekyll Kt.
Sir Thomas Felton Bar.
Sir Richard Onflow Bar.
Charles Cox Efq;
John Cholmly Efq;
Vol. V.
No's, againft agreeing
with the Lords.
Henry Gorges Efq;
Henry Cornwall Efq;
Ralph Freeman Efq;
John Gape Efq;
Charles Caefar Efq;
Richard Goulftone Efq;
Henry Lee Efq;
Edward Knatchbull Efq;
William Cage Efq;
The Honourable He-
neage Finch Efq;
Thomas Blifs Efq;
Thomas King Efq;
Richard Fleetwood Efq;
Robert Heyfham Efq;
John Ward Efq; of
Newton.
Thomas Leigh of Lyme
Efq;
The Honourable John
Verney Efq;
Sir George Beaumont
Bar.
James Winflanley Efq;
The Honourable Lewis
Dymoke Efq;
Sir John Thorold Kt.
Sir Thomas Meres Kt.
Arthur Moore Efq;
The Right Honourable
William Cecil Efq;
The Honourable Charles
Bertie Efq;
Hugh Smithfon Efq;
Thgnias Crgfs Efq;
U John
k:go
JT A K JL 1 A M E W r A K 1
-n. 17 lu.
Yea's, for agreeing with
the Lords,
John Ward Efq-,
Sir Robert Clayton Kt.
Stephen Harvey Efq-,
Denzil Onflow Efq;
Thomas Onflow Efq;
Thomas Pelham Efq;
Sir Nicholas Pelham Kt.
Nathaniel Gould Efq;
Robert Eyre Efq;
Sir John Hawles Kt.
Sir James Afhe Bart.
Thomas Jervoife Efq;
Edward Aflie Efq;
William Monfon Efq;
James Mountague Efq;
Charles Mompefibn Efq;
Wifliam Welfli Efq;
Thomas Wylde Efq;
Charles Cocks Efq;
John Rudge Efq;
The Right Honourable
William Lord Mar-
*quis of Hartington.
Sir William Robinfon
Sir William St. Quintin
William Maifler Efq;
Chrifl:opher Stockdale
Efq;
Sir William Huftler Kt.
Sir William Strickland
Bart.
William JeflTop Efq;
Sir Charles Hotham Bar.
William LowtherEfq;
No's, againft agreeing
With the Lords,
Sir Francis Child Kt.
Thomas Blofield Kt.
Sir Jufliinian Ifliam Bar.
Francis Arundel Efq;
John James Efq;
William Levinz Efq;
SirRobertJenkinfon Bar.
William Bromley Efq;
Thom.as Rowney Efq;
Francis Norreys Efq;
The Honourable Charles
North Efq;
Richard Holford Efq;
Roger Owen Efq;
John Kynaflron Efq;
Richard Mytton Efq;
Sir Edward Adlon.
Nathaniel Palmer Efq;
Sir Francis Warr Bar.
Sir Thomas Wroth Bar.
Sir Jacob Banks Kt.
George Pitt Efq;
Henry Holmes Efq;
William Stephens Efq;
Francis Gwyn Efq;
Edward Bagot Efq;
Jofeph Girdler, Serjeant
at law.
Sir Robert Davers Kt.
Morgan Randy 1 Efq;
Thomas Gery Efq;
Henry St. John Efq;
Robert Byerly Efq;
Tlie Right Honourable
John.
A. 1710. DEBATES. 291
Yea's, /^r agreeing with I No*s, againft agreeing
the Lords. j with the Lords,
John Pulteney Efq; Lord Vifcount Bulkeley.
Matthew Aylmer Elq; The Right Honourable
Philip Papillon Efq-, Tho. Manfei ojf Mor-
Sir Henry Furnefe Kt. gan Efq;
Sir Arthur Owen Bar.
Griffith Rice Efq-, In alL, 117.
In all, 1 1 8. Tellers for the iV^'s.
Teller for the Tea's, Sir Willoughby Hick-
man Kt.
Sir John Holland. Richard Crawley Efq-,
Sir Matthew Dudley.
Note^ That the Lord Wharton^ now Earl of
Wharton^ and late Lord Lieutenant di Ireland^ was
the perfon who propofed in the houfe of Lords the
claule for the further fecurity of the Proteflant fuc-
ceflion, and the other amendments afore-mentioned.
To this happy majority, tho' but of one vote,
we owe fo excellent a law, fo great a ftrengthning
to the Proteflant fucceffion in the illuftrious houfe of
Hanover^ upon the fupporting of which our religion
and liberties, and all that is dear to any tv\Jit Britijb
proteflant, does entirely depend.
I'his feeming to he a very home thriiji^ the new mi-
nijiry could not hut think it necejjary to give an an^
fwer to the heinous charge ; and therefore the follow-
ing account of that matter was puhlifhed hy autho-
rity, in the London Gazette of the ^oth,
WHereas two printed papers, one intituled, A
teft offered to the confideration of the elsEiors of
Great- Britain j and the other intituled, A lijl of the
U 2 honourable
honourable houfe of Commons that voted for ^ and againfi
the claufe for the Hanover fuccefiion, in the year 1 702,
are lately difperfed abroad ; wherein are mentioned
amendments made by the Lords to the bill, inti-
tuled. An aB for enlarging the time for taking the
cath of abjuration^ and alfo for recapacitating and in-
demnifying fuch perfons as have not taken the fame by
the time^ and fhall take the fame by the time appoin-
ted : And that the houfe of Commons, the 13th of
February 1702, took thofe amendments into con-
fideration.
And whereas, after fetting forth verbatim the
claufe following, viz.
' And for the further fecurity of her Majefty's
' perfon, and the fuccefTion of the crown in the pro-
* teftant line, and for extinguifliing the hopes of the
' pretended Prince of Wales, and all other pretenders,
' and their open and fecret abettors -, be it further
* enadled by the authority aforefaid. That if any per-
« fon or perfons, at any time after the firft day of
* Marchy 1702, fhall endeavour to deprive or hin-
* der any perfon, who fhall be the next in fuccefTion
* to the crown for the time being, according to the
* limitations in an a6l, intituled, An aEi declaring the
* rights and liberties of the fubje^f, and fettling the fuc^
' cefflon of the crown •, and according to one other
* adl, intituled, An a 5f for the further limitation of the
* ^ crown, and better fe curing the rights and liberties of
* the fubje^, from fucceeding after the deceafe of her
* Majefty (whom God long preferve) to the im-
^ perial crown of this realm, and the dominions and
'* territories thereunto belonging, according to the
* limitations in the before-mentioned ads *, that is to
* fay, fuch ilTue of her Majefty's body, as fhall
* from time to time be next in fuccefTion to the
* crown, if it fhall pleafe God Almighty to blefs
' her Majefty with ifTue, and during the time her
' Majefty fhall have no ifTue, the Princefs Sophia,
' Eleftrefs and Duchefs Dowager of Hanover ;
^ and
A. 1710. DEBATES. 293
* and after the deceafe of the fald Princefs Sophia^ the
< next in fucceffion to the crown for the time being,
« according to the limitations of the faid ads *, and
« the fame malicioufly, advifedly, and dire6lly, fhall
< attempt by any overt-ad or deed, every fuch of-
* fence fhall be adjudged high-treafon, and theof-
* fender or offenders therein, their abettors, pro-
' curers and comforters, knowing the faid offence to
* be done, being thereof convicted or attainted,
' according to the laws and ftatutes of this realm,
' fhall be deemed and adjudged to be traytors, and
' fhall fuffer pains of death, and all lofTes and for-
* feitures, as in cafes of high-treafon.'
And alfo, after fetting forth the fubftance of other
claufes (other of the faid amendments^ it is faid in
the faid printed papers, thus : ' After debate, the
* queftion being put for agreeing with the Lords in
* thefe amendments, the houfe divided.'
And at the end of the faid printed papers, it is
faid : ' To this happy majority, tho' but of one
* vote, we owe fo excellent a law, fo great a
' ftrengtheningto the/>ri?/^^;^/yi/^^r^i';/ in the illu-
' ftrious houfe of. Hanover^ upon the fupporting of
' which our religion and liberties, and all that is
' dear to any true Britijhprotejlant^ does entirely de-
' pend.'
Now I (being required to certify the tmth of
the fad, as it appears by the journal of the houfe of
Commons) do humbly certify as followeth, viz.
That it does appears by the journal of the houle
of Commons, of the feffion of Parliament begun in
O£lober 1702, as alfo by the original minute-books
thereof. That the faid claufe (tt forth at large as
aforefaid, (and which was marked B) was agreed to
by the houfe of Commons, without any divifion
thereupon •, and that the divifion that was in the
houfe upon the 13th day o^ February^ (upon which
jthe number of jye'^'s were 118, and »(?'s 117,) was
U 3 • upon
294 Parliamentary. A. 1710.
upon a precedent amendment, viz. upon a claufe
marked A^ which is as folio weth :
' Provided always. That no perfon or perfons,
* who by reafon of any fuch miftake, negled:, or
' omifTion, hath or have left or forfeited any office,
* benefice, place, dignity or employ ment whatfoever,
* to which any other perfon or perfons hath or have
* been preferred or promoted, fhall be reftored to
* fuch office, benefice, place, dignity or employ-
' ment : Any thing herein contained to the contrary
' notwithftanding.
And the other amendments made by the Lords
to the faid bill, were agreed to by the houfe of Com-
nions, without any divifion.
PAUL JO BR ELL,
Sept. 29. 1 7 10.
Cler' Dom' Com*
The firft reply that was made to this, was inti-
tuled, A letter fent from a Gentkinan in the country^
who was very well acquainted zvith what loft in Par-
liament concerning the Test *, to this efiecl.
}?e^iytothe c y j)q j^qj- y/ondcr they are fo anp;ry at the Test,
vindication i ji- i-'^ ■ '' - re
cf High- ' JL and their catching at any twig to turn it off:
Church. 1 If fj^gy ^^^ printed the whole journal, the fad
* would have appeared in its true light. The divi-
* fion was not adually upon that claufe, for there
* were three amendments, and that was the fecond
' of the three ; and their lofing the queftion upon
' the firfl, was the reafon of their not dividing upon
^ all the others ; no body ever dividing upon three
* or four queftions in Parliament of the fame nature,
' w^hen the firft is loft ♦, and the Test does not
* pretend to fay, that the divifion was a6lually upon
* that particular claufe, but upon the amendments,
* which were all of the fame nature, though that
* was the moft material ; but the debate ran upon
' them
A. 1710. DEBATES. 295
' them all, and particularly upon this claufe ; upon
* which Sir Chriftopher Mufgrave faid, in the debate,
* That he could never agree to make new treafons,
* by a particular claufe tacked to a bill. In anfwer
' to which Sir J J — /faid, He wonder-
' ed to hear that Gendeman make that objedion,
' who had been fo warm but the year before, juft
* before the king's death, to tack a claufe of the
' fame nature, in favour of the Princefs Anne of
' Denmark^ to the abjuration bill.
But the following letter being much more parti-
cular in anfwer JodreWs account, as well as that
figned by Dr. Smalridge and Mr. Crofs^ called, A
Deletion of a Falfehood^ dzc. of lefs .authority than
the other, it is thought proper to infert it here in
totidem verbis.
SIR,
^ Y Have feen a paper that was lately pubHfhed, Another
* 1 which is figned by Geo, Smalridge, D. D. and ^11'^'"^^^
*' Tbo. Crofs, called, A Betecfion of a Falfehcodendea-
* voured to he impofed or the Publick, in a Paper,, in-
* tuled,, A Tefi offered to the Confideration of the Eke-
' tors of Great-Britain. I have alfo feen an account of
' the fame matter printed in the Gazette of tliQ 30th
' of Septefjjber, and figned by Mr. JodrelL But
* having been myfelf in the houfe when the matter
' was tranfaded, I beg leave to acquaint you with
* fome particulars, by which it will plainly appear
* to you, that the firft account is equivocating, and
* the fecond is imperfedt.
' When the houfe of Commons proceeded (ac-
* cording to order J to take into confideration three
* amendments made by the Lords to a bill,, intituled,
' An a5i for enlarging the time for taking the oath of
' abjuration,, &c. the debate was chiefly held upon
* the fubjed-matter of the fecond amendment ; and
\ thofe Gentlemen that were againft giving that fe-
ll 4 I curity
296
Parliamentary A. 1710.
curily to the houfe of Hanover^ principally infifted
on the danger of multiplying treafons, the great
inconveniences that might arife from making new
treafons, and other arguments to that effedt. But
though hardly any notice was taken of the firft
amendment, it was in courfe to be firft put. And
now comes the great art and parliamentary fkill
of thofe perfons thaf were againft the fecond
amendment : They refolved, (according to the
moft ufual piece of management in that houfe)
to try their numbers, by dividing upon the firft.
But that was fo litde thought to be the bufinefs of
the day, or indeed of the firft divifion itfelf, th^t
two or three ftanch old members went out juft be-
fore the divifion, having fome particular viev/s
at that time, which made it inconvenient for them
to declare againft the proteftant fucceffion. And
thofe of their friends who ftaid the divifion, and
whofe names are fet ibrth in the printed teft^ under
the title, NoV, againft agreeing with the Lords,
may ftridly and properly be faid, in parliamentary
language, to have divided againft the amendments ;
the rather, becaufe few inftances can be given that
ever the weaker fide, upon lofing fuch a previous
queftion, divided again upon any fubfequent claufe,
that had been mixed in the fame debate.
' But I believe there is no body alive that does
not think, if they had thrown out the firft amend-
ment, they would immediately have proceeded to
throwoutthe fecond : And there were two circum-
ftances attending this affair, which muft needs put
it out of all doubt, how it was underftood both
abroad and witiiin the houfe. Mr. Dyer^ the com-
mon news-writer, exprefted himfelf thus in his
letter to Chefter upon this occafion, nat the Prince
of Wales had loft it in the houfe only hy one vote % or,
that the houfe of Hanover had carried it hut hy one
vote : One of them I am fure it was, for which he
was punifhed by the houfe, upon the complaint
* of
A. 1710. DEBATES.
of a member for that city. And to fhew what the
members thought of it, the only Gentleman that
gave a negative to the firft bill for eflabllfhing
the proteftant fucceffion, who was then of that
houfe, though foon after called up to the other,
faluted Sir M Bud y^ when this divifion
was over, in thefe words, How fare ye^ Mynheer
B — y ? upbraiding him by that expreffion for
having voted for the intereft of the houfe of
Hanover^ which the late King and the Butch had
efpoufed : To which the other replied. Fort hein^
Monfieur Gran lle^ alluding by that to his
vote, which he took to be for the French intereft,
as well as to his French name, which had been
changed not many years before from a plain Englijh
one, as it is ftill printed in the hiftory of the Earl
of Clarendon,
' If I fhould fay therefore, that thefe Gentlemen
were not for throwing out the fecond amendment,
it would perhaps be a logical truth, becaufe they
did not juft divide upon that claufe : But it
would be a moral lye and a fallacy, that I ought
to be afliamed of, becaufe every ftep they took
that day, was in order to throw it out -, and they
went the beft way to work that they could. So
that after all the clamour which has been raifed
againft the Test before- mentioned, fince that
paper does not affirm, that the divifion was upon
this claufe ; but that after delate^ the q^ueftion being
put for agreeing with the Lords in thefe amendment Sy
the houfe divided, as adlually they did : It is left
to every impartial perfon, who knows any thing
of parliamentary proceedings, to determine whe-
ther the charge which is fet forth againft them in
that paper ftands good or not ; and whether they
ftiewed upon this occafion the fame abhorrence of
the Pretender, and the fame zeal for the houfe of
Hanover^ which has flamed out indeed in their
* late addreflesj but which (if one may ufe theex-
< prefTion
^9^ Parliamentary A. 1710.
* prefllon of a very great minifter in another nation)
* has rather amazed than convinced the world.*
Parliament On the 2 ift Came out her Majefcy's proclamation
theVift! foi* diffolving the Parliament, and fo difcharged their
meeting on the 26th, purfuant to the prorogation, and
mert^!i!ed' ^^^ ^^"^^ ^^^' '^^^' 26th, camc out another for
thrze'ih^' ' calling a new Parliament, the writs to bear date the
27th, and to be returnable the 25th of November,
At the fame time a proclamation was ifTued out for
eleding and fummoning the fixteen Peers of Scot-
land,
A SPEECH m the Hoiife of Commons,
occa/ioned by a Bill^ brought in to limit the
7iiunber of Place- men in that Houfe,
Mr. Speaker^
' T¥ 7 H AT I rife up for is to propofe a bill,
* V V which may remedy the inconvenience,
' that the worthy Gendeman complains of-, a bill,
* on which the fafety of the nation feems to depend,
* as much as on the fuccefs of the war in which
* we are engaged. The carrying on the war
* would be throwing away fo much treafure, and
' fo many lives, unlefs dt the fame time, that
' we fecure our liberties againft a foreign enemy,
* we cannot prevent the danger of their being un-
* dermined at home.
' If every gentleman's office and employment
' w^ere added to his name as it is called over,
* every call of the houfe would put us on con-
* fidering, whether fome new law is not want-
' ing to lefTen the number of fuch members as
* pofTefs them -, and I am afraid it would now
* appear to you, that they are more numerous
' than ever, notwith (land ing the feveral bills, that
* have pafTed both houfes, and feveral others, that
^ have pafled only this houfe, by which the
* fenfe
A. I7I0. DEBATES. 299
* fenfe of the Commons hath been fo often declared ;
* though perhaps, not fo well as it might have
* been, had we obferved the fame order, when
' many members are perfonally concerned, that
* we do, when one member is, by obliging them
' to withdraw. The oppofers of thefe bills have
* often been fo few in number, that they might
*■ be only fuch as were in employment ; and if
< they had withdrawn, the bills might have pafled
* without a fingle negative.
' Though the civil officers fhould not be in-
' creafed, the continuance of the war mull: make
< the m.ilitary officers more numerous and more
« powerful. Thofe, who have no other fortune
« depending on the war, than the command of
' a regiment, have nothing elfe to do but to
' make a proper difpofition in the cloathing of
* it ; by which means fuch an intereft may be
t made in moil of the corporations, as no gen-
' tleman in the country is able to refill. Pro-
* motions may be made every day in the old
* regiments, and new ones raifed, and a very
= great lliare of thefe preferments falls to this houfe.
■ The number of fuch members therefore is fo far
= from being reftrained, that it feems likely to in-
" creafe, as long as the war lafts. The heavier the
* debt is upon the nation, the more of thofe who
' receive the publick money, will fit here and im-
■ pofe the taxes, out of which they are paid.
' One of the wifefl and mod flourifhing ftates
does not allow any town to chufe a military of-
ficer for its reprefentative •, and though there is no
prerogative in that country, from which they can
fear an encroachment on their liberties ; yet of-
ficers are thought to be improper checks on them-
felves, or on thofe who recommend them to their
employments.
' The corruption of the boroughs is grown to
fuel; an heigh th, it is fo eafy to procure a re-
* turn.
300 Parliamentary A. 1710.
* turn, and fuch a latitude is left by the varie-
* ty of our own determinations, that whenever
* any fet of Miniflers think fit to exert them-
' felves, they may bring in fo many military of-
* ficers, as, together with thofe who have civil em-
* ployments, may make up a majority.
' I hope we fhall be confiftent with our felves
* in what we did the other day, when we came
' to thofe refolutions for preventing the danger of
' arbitrary power. When a majority can be com-
' manded here, defpotick power may be efla-
' blifhed by law, and refiflance be made illegal.
' To render it, at the fame time, lawful for the
* fubjed to refift, and eafy for a Prince to be-
* come abfolute, is bringing the nation into per-
* petual danger of war between the King and the
* people. If fo many members fliould be gained
* here, as to vote a fufficient army, refiftance
* might be impofTible, though it were lawful.
' But admitting the people would be always able
' to regain their freedom, it cannot furely be
* thought more advifable to ufe the remedy of
* arms, than to keep our liberties fafe in a quiet
* way. If we take care that there always be a
* fufHcient number here to oppofe the ill defigns
* of minifters, there will be never any need of re-
* fiftance by arms.
' It cannot be denied that in ill times, places,
* whether civil or military, will have an influ-
* ence over ill men. For a member of this houfe
' to receive a private penfion hath been always
* efteemed a breach of truft, and a violation of
* our conftitution ; and a known penfion, during
* pleafur^, excludes a man from fitting here. That
* a place of little trouble, is as valuable as a
' penfion, of the fame yearly income, we fee by
* the great crowds of candidates, on every vacan-
* cy, and the high prices that we hear are paid
' for them.
A. 1710. DEBATES. 301
' In a common tryal, all perfons concerned in
intereil, are not only excluded ffom being
Jary-men, but even their teftimony as to mat-
ters of fadl is not thought fit to be credited ;
and will an ill man, in ill times, gain nothing
by his voting ? When a place makes up a
confiderable part of a man's fortune, is it not
plain, that if the liberty of the fubjefl comes
in competition with the prerogative, it will be
his own intereft to oppofe the intereft of thofe,
whom he reprefents ? May it not eafily happen,
that the private advantage of almoft every
man in office, will be contrary to that of the
publick ? And fliould a Prince become abfo-
lute, would not they fhare amongfl; them the
fpoils of their fellow fubjeds ? Is it not their
intereil, more than his, that he fliould have no
controul ? But allowing that it would not
be for the advantage of fome, who have great
fortunes of their own, to go into violent mea-
fures ', yet there may be feveral cafes, in which
they may apprehend no great danger in paying
a compliment. I hope every gentleman here
is fatisfied that, in time of peace, we fhalL
want no greater number of men for guards and
garrifons, than before the war •, but fince that
eftablifhment hath been increafed, a vote muft
pafs, in order to reduce it ; and muil not
many gentlemen, in that cafe, vote away their
own preferment P I don't at all doubt that fe-
veral will do it ; but if it fhould be thought
proper to increafe the number guards and
garrifons, as hath been done in this war, and
perhaps without damage to the publick (becaufe
the greateft part of them have been employed
abroad, though indeed the precedent fcems
dangerous) would any arguments be able to
convince iuch men, as would have their fub-
fiftence from the army, that the addition of a
' few
302 Parliamentary A. 1710,
< few more troops than the laft fettlement would
' give us up into the hands of the Prince ? or
« that without fuch an addition, his civil lift
« might enable him to compafs our deftru6lion?
< If a proportion for granting a civil lift were
< under debate, and the queftion ftiould be, whe-
* ther it ought to be fettled for life, or even in-
* creafed, would fuch points be properly deci-
* ded by thofe, whofe falaries were to be paid
* out of it ? Could we depend upon it that men
* would dedudt that part out of their calculati-
* on, which would be fet afide for their own
* wages ? When men in places are not above
* being governed by intereft, they will certainly
' be diredred by thofe who prefer them ; fo
* that it will be no fecurity to us, that the
* crown can neither increafe nor diminifti the
* number of members ; for as long as it hath
* the Power of railing regiments, and beftowing
* places and penfions, it may at any time take
* off from thofe who ought to reprefent the
' people, and add to thofe, who may be induced
* to reprefent the court.
* But if we could fuppofe that places would
* never influc^nce men •, and their fitting here
* would raife them to more generous thoughts
* than we commonly fee in others ; I fay, if
* we could be fatisfied of this, yet we ought to
* take all polTible care to keep our felves from
* any imputation of that kind, and confider that
* die honour, dignity, and power, of this houfe
* can only be fupported by the opinion whiclj
* thofe without doors have of its integrity ; for
' it is not enough to be uncorrupt, unlefs we
* haye the reputation of being fo too. It is to
* the unblemiftied condudl and charader of thofe,
' who have fat here before us, that we owe
* all the advantages we now enjoy by our con-
' ftitutioHo
A. I7I0. DEBATES. 303
« ftitution. "When the good name of Parliaments
« hath declined, their authority- hath always been
« diminifhed in proportion •, and what can be the
* weight of five hundred gentlemen, who are to
« {land by themfelves, as they always will, unlefs
' they can convince others, that they are canying
* on their intereft, as well as their own ?
' The high opinion, which we all have of the
< prefent Sovereign, can be no objedion to the
' ufing our endeavours for obtaining a fecurity
* againft this danger. Were fhe not entirely in
* the interells of her people, it would be in vain to
* hope for any fuch laws. They are never fo likely
' to be obtained, as when they have the leaft ef-
* fed:. They are only neceflary in a bad reign ;
* and when that comes it is too late to think of
' them.
* But I muft take the liberty to fay, that not-
* withftanding the great confidence, which we all
* fojuftly repofe in the prefent Sovereign,^ there
' never was more reafon than now, to provide for
« our future fafety. -• If we had nothing elfe
' to fink us, the debt of the nation is heavier than
* it ever hath been, and than the nation was ever
' thought able to bear. The people are extreamly
' weakened by it, and in proportion as the Com-
' mens are weakened, the crown advances in its
* power over them ; fo that although the number
' of officers here had not been increafed, the debt
' being fuch as the people were never burthened
* with before, it imports us more than ever to pro-
* vide againft the danger of any encroachments
* from. the crown ^
' The landed men are not only lefTened in ge-
* neral, but every particular gentleman, the more
' he feels the weight of taxes, the more he lofes
' of
304 Parliamentary A. 1710.
' of his interefl in the country, and the more of
* that interefl is transferred to the perfons, who re-
* ceive their pay out of thofe taxes.
' If we would effedlually put the Proteftant
* fucceflion upon fuch a foot that it cannot be
' fhaken, we ought to convince men that they
* will be free, when they are under it. They
* will always be moft zealous in defence of that
' eftablifhment, under which their liberties arc
* moft fecure.
' There are few gentlemen here, who have
' not, at one time or other, even fince the Re-
' volution, been fenfible how neceifary it is for
* our fafety to make fome provifion in this mat-
* ter. If every man, who hath once been of
* that opinion, fhould be fo now, a bill for it
* would pafs more unanimoufly than any, that
* was ever offered to the houfe •, and if there be
* fome perfons, who think our conftitution fecure,
' for the time to come, as well as the prefent,
* it is to be hoped that they will have fo much re-
« gard for thofe, who are of a different opinion,
^ as to remove their apprehenfions, and give them
* fome convincing proof, that our great fucceffes
* abroad will effedually prevent any attempts upon
* our liberties at home.'
TH E new Parliament being met on the
25th of November^ the Queen came to the
houfe of Peers with the ufual folemnity : And
having fent for the Commons, the Lord Keeper,
by her Majefty's command, notified to them her
Majefly's pleafure, that they fhould forthwith pro-
ceed to the choice of a fit perfon to be their
Speaker, and prefent him to her Majefty the Mon-
day
A. 1710. DEBATES, 305
day following. The Commons being returned to
to their own houfe, proceeded accordingly to the
choice of a fpeaker, which, as 'twas generally ex-
pedled, fell, without any oppofition, on JVilliam ^^r. BromUy
Bromley, Efq-, who, for many years paft, had ^fo" 'hT
been chofen Member for the Univerfity of 0.v- Commons.
ford.
It is obfervable, that Sir Thomas Uanmer^ Mr.
Smithy (formerly Speaker) and another Member,
were at firft propofed ; but this was only to try
the temper and affedlions of the houfe, for as
foon as Mr. Bromley was named, the general voice
was for him.
The Queen being, on the 27th of November ^
returned to the houfe of Peers, the Commons pre-
fented their Speaker to her Majefty, who having^
approved their choice, fhe afterwards made the fol-
lowing fpeech to both houfes.
My Lords and Gentlemen^
* T Have, by calling this Parliament, made ap- Her Maje-
* A pear the confidence I place in the duty and ^^'^ ^^^"^*
* afFedion of my fubjedls ; and I meet you here
* with the greateft fatisfadion, having no reafon
* to doubt, but that 1 fhall find fuch returns, as will
* add new life to our friends, and entirely difap-
' point the hopes of our enemies.
' To this end I fhall recommend to you
* what is abfolutely necefiary for our common
' fafety.
* The carrying on the war in all its parts, and
* particularly in Spain^ with the utmoft vigour,
* is the likelieft means, with God's blefling, to
* procure a llife and honourable peace for us, and
* all our Allies, whofe fupport and interefl I have
' truly at heart.
Vol. V. X * For
20b r A R L I A M E N T A RY /I. I7IO.
« For this purpofe, I muft afk from you,
* Gentlemen of the hcufe of Commons, the ne-
* ceflary fupplies for the next year's fervice : And
* let me put you in mind, that nothing will add
* fo much to their efficacy as unanimity and dif-
* patch.
* I cannot, without great concern, mention to
' you, that the navy and other offices are bur-
« thened with heavy debts, which fo far affedt the
* publick fervice, that I muft earneftly delire you
'to find fome way to anfwer thofe demands,
' and to prevent the like for the time to come -,
' the juftice of Parliament in fatisfying former
' engagements, being the certain way for preferv-
* ing and eftabliffiing national credit.
' 1 am fenfibly touched by what my people
* fuffer by this long and expenfive war, to which
* when it fhall pleafe God to put an end, the
« fiourifhing condition of my fubjecls ffiall be as
' much my care as their fafety is at prefent.
My Lords and Gentlemen^
*• The eyes both of friends and enemies are
* upon you : The way to give fpirit to the one;
* and defeat the reftlefs malice of the other, is
* to proceed in fuch manner as becomes a Bri-
* tijh Parliament.
' I ffiall in the plaineft words tell you my in-
' tentions, and I do this with the greater fatif-
* fa6lion, becaufe I depend upon their being agree-
* able to you.
' I am refolved to fupport and encourage the
' church of England as by law eftabliffied.
* To preferve the BritiJJo conftitution accord-
* ing to the union, and to maintain the indul-
* gence by law allowed to fcrupulous confci^
* ences.
' And that all thefe may be tranfmitted to
* pofterity, I ffiall employ none but fuch as are
' heartily
A. 1710. DEBATE S. 307
* heartily for the Proteilant luccellion in the
* houfe of Hanover^ the intereft of which family
< no perfon can be more truly concerned for than
« my felf.
' Thefe are my refolutions, and your concur-
< rence with me in a fteady purluit of them v/ill
« belt manifeft your zeal for our religion, for the
* intereft of our country, for your own fafety, and
* for my honour.'
On the 28th of November^ the Lords agreed
upon an addrefs to the Queen, v/hich they pre-
fented the next day, being as follows :
< TT7E your Majefty's moft dutiful and loyal The Lords
^ Vy fubjeds, the Lords fpiritual and tempo- l^^^^n.
' ral, in ParliamentaiTembled, prefent our humble
' and hearty thanks for your Majefty's moft gra-
* cious and excellent fpeech at the opening this
* Parliament, and particularly for the great con-
' fidence your Majefty was pleafed to place in the
* duty and affedlion of your fubjedls.
* We conceive it to be of the higheft impor-
* tance to carry on the war with vigour in all.
* its parts, and particularly in Spain^ in order to
' procure a fafe and honourable peace ; and your
* Majefty may be aftured, we fhall concur in all
* reafonable meafures to that end •, and we hum-
* biy hope your Majefty's great example will
* engage all your Allies to join with your Ma-
* jefty in doing their utmoft to the fame pur-
' pofe.
' We have the happinefs to agree entirely
* with your Majefty in the feveral refolutions
* you have declared fo plainly and aft'edlionate-
* ly to your Parliament : And we think our
* felves obliged to repeat our thanks for your
* Majefty's great care to tranfmit the bleftings
X 2 'of
3^8 Parliamentary A. 1710.
* of your reign to pofterity, by fecuring the Pro-
' tellant facceffion in the houfe of Hanover.
' We cannot alfo but have a particular fatif-
* faction, in the alTurances your Majefty has gi-
' ven to maintain and encourage the church of
' England as by la-^ eflablifh^d, which is the
' firmefi fupport of the monarchy, and the flrong-
* eft defence againft Popery.
' We have no more to add, but that we Ihall
* carefully endeavour in all our confultations, to
' proceed with that unanimity and difpatch, as
* may give the greateft weight to them ; and
* to alTure your Majefty, that nothing fhall be
* wanting, on our part, to fatisfy the world,
t that with an unfhaken zeal, we will conftantly
4 defend your Majefty's royal perfon, honour, and
c dignity, on which our fafety and happinefs fo
c much depend.'
To this addrefs the Queen returned the follow-
ing an fwer.
My Lords^
^T" ' * T A M very glad to find I have your con-
' JL currence in the refolutions I declared to you,
* and give you thanks for this addrefs, fo full
* of affedion to me, and zeal for the publick
* good/
The Commons havir.g fpent three days in qua-
lifying themfelves, that is, in taking the oaths,
particularly that of abjuration, and making and
llibfcribing the declaration appointed by the laws
made for that purpofe ; their Speaker, on the
29th of November., reported the Queen's fpeech
to the houfe, whereupon it was unanimoufly re-
The Com- folved, that an humble addrefs be prefented to her
h^'k^frran ^^1)^^75 ^^ retum the humble thanks of the houfe
AjTers!"' '"^ for her majefty's moft gracious fpeech from the
Throne 5
A. 1710. DEBATES. 309
Throne ; and alTure her Majefty, that this houfe
would heartily concur in all the particulars, v/hich
her Majefty had been pleafed to recommend :
That this houfe would effedually and fpeedily
grant the necefTary fupplies for a vigorous carry-
ing on the war, till fuch a peace might be ob-
tained, as her Majefty fhould judge to be fafe
and honourable for her fubjedls, and all her Al-
lies ; that this houfe would preferve and eftablifh
the publick credit, and in all refpeds anfwer
the expeclation of thole they reprefented, and fhew
how juftly her Majefty had confided in the duty
and affedtion of her people.
This refolution being taken, Sir nomas Hanmer Debate about
moved, that in the faid addrefs they fhould repre- '^•
fent to her Majefty, that the moft eftetStual way to
give fpirit to her friends, and defeat the reftlefs
malice of her enemies, would be by difcountenan-
cing all perfons of fuch principles, and avoiding
all meafures of fuch tendency, as might weaken
her Majefty's tide and government : This motion
occafioned a fmall debate, in v/hich Mr. Lechmere Mr, Lech-
faid that they ought likewife humbly to caution TnTnfa'^^our'
her Majefty againft fuch meafures and principles, as of the houfe
might weaken the fettlement of the crown in the °
illuftrious houfe of Hanover^ and advance the hopes
of the Pretender. No member offx^ring to fecond
Mr. Lechmere^ Mr. Harley^ Chancellor of the Ex-
chequer,, ftoo1 up and faid, ' That tho' the Pro-
' teftant fucceflion was already fufticienrly eftablifti-
* ed and fecured by feveral a6ls of Parliament, fo
* that it feemed needlefs to add any thing to them ;
* yet, fince a motion was made in favour of the il-
* luftrious houfe of Hanover^ it would look ftrange
* both at home and abroad, the fame fhould drop:*
Whereupon it was refolved, that the ciaufe ottered
by Mr. Lechmere ftiould be inferted in the addrefs
which was done accordingly. On the Jaft day of
X 3 l^ovcmher^
310 Parliamentary A. 1710.
Novemler, Sir 'Thomas Hanmer reported the faid
addrefs, which he had himfelf drawn up, and which
with an amendment, was approved, being as fol-
lows :
The Com
wons
drefs t
Queen
Mqfi gracious Sovereign,
ITns^lT ' \1T E your Majefty's moft dutiful and loyal
drefs to the c yy fubjeds, the Commons of Great-Britain,
' in Parliament aflembled, do joyfully appear be-
' fore your Majefty, to return our moil: humble
* thanks for your mofl gracious fpeech from the
* Throne. We bring the thanks of your whole
* people, whom your M^jefly lias made happy, by
' that confidence you have been plea fed to place in
* their duty and affcdion : And we bring our own
* moPc folemn affurances, that we will make all
* fuch returns as fhall convince your Majeil^', that
* your confidence has not been milpiaced.
' We are fatisaed we lie under all polTible
* obligations, both from our duty to your Majefty,
* and the care we owe to our country, effeclually
* and fpeedily to grant the necefiary iiipplies for
* the vigorous profecution of the vrar in all its
* parts, and efpecially in Spain. This we fhall
' itudy to do, in fuch a manner, as m.ay beft an-
* fwer the publick fervice, and be miofi eafy to
' thofe we reprefent : And the fame we fhall con-
* tinue to do, till fuch a peace may be obtained, as
* your Majefliy, in your royal wifdom, fhall judge
' to be fafe and honourable for your fubjeds, and
* all your Allies.
* We have no reafon to doubt of your Majefliy's '
* care in every thing that concerns the intereft and
* v/elfare of your people ; but we think our felves
* obliged, in juftice to our felIow-fubje<5i:s, and in
* order to miake them bear, with greater chearful-
* nefs, the burdens we Ihall find necefTary to lay
* upon them, moft humbly to befeech yourMajefly,
* that you will pleafe to continue your powerful in -
- ' fluences.
A. 17^0. DEBATES. 311
* fluences with all your Allies, that they may exert
*• themfclves in the common caufe with refolutions
< equal, and aids proportionable to ours.
' The burden of thofe heavy debts which prefs
* your people with fofenfible a weight, is, in fome
* meafure, alleviated by your princely compafHon.
« We fhali endeavour to trace the fource of ihis
great evil, and to apply a remedy fuitable to it.
The honour andjuftice of Parliament (hall, by us,
be inviolably maintained : and all il^ch other mea-
fures purfued, by which the publick credit may
* be prefervcd and eftablifhed.
* Your faithful Commons are truly fenfible of
' your Majeily's wifdom and goodnefs in thofe re-
■' folutions which you have declared, and do moft
* heartily concur in all which you have been pleafed
'^. to recommend to them.
' We return your Maiefty our moft humble
* thanks for the firm afiurances you have g'»ven,
*• both by your words and by your adlions, of fup-
*• porting and encouraging the church of England^
* as by law eftablifhed,
' As wc are true fons of that church, we cannot
' buc be tenderly concerned for its prosperity, and
* for its honour, and are by affeclion and principle,
' inclined to fecure its doctrine, difcipline, and wor-
' lliip.
* As we are fellow- chriilians and fellow-fubjedts
* with thofr Froteftant DiiTenters, who are fo un-
* happy as to entftain fcruples againfl conformity
* with ourclurch, v/e are defirous, and determined,
* to let them quietly enjoy that indulgence which
* the law hath allowed them.
' As we are Britons^ it is our common mtereft,
' and fhall be our joint endeavour, to preferve that
* Union between the parts of Grear-Briiain^ on
* which the fafety of the whole depends.
* As we are lovers of our excellent conftitution
* both in Church and State, and follicitous that our
X 4 * pofterity
212 , Parliamentary. A. 1710.
^ pofterity may be as happy in all future ages, as
* we hope long to continue under your Majefty^s
^ mofl aufpicious reign, weihall always fteadily ad-
* here to the Proteftant fucceflion in the houfe of
^ Hanover^ and be moft watchful to prevent any
* danger which may threaten that fettlement, fo
* neceflary for the prefervation of our religion, laws,
^ and liberties.
' Thefe are ends truly worthy your Majefty's pur-
* fuit ; and we do, with all humihty, reprefent to
^ your Majefly, that the mofl effedual way to give
* fpirit to your friends, and defeat the reftlefs malice
* of your enemies, will be, by difcountenancing all
^ perfons of fuch principles, and avoiding all mea-
^ fures of fuch tendency as may weaken your Ma-
* jelly's title and government, the fettlement of the
* crown in the illuflrious houfe of T/^/^^i^^r, and ad-
* vance the hopes of the Pretender , and all other
* principles and meafures thar have lately threatened
* your royal crown and dignity, and which, when-
* ever they prevail, will prove fatal to our whole
* conflitution, both in church and flate.'
On the 2d of Dece^nher the Commons in a body,
prefented this addrefs to the Queen who returned
them the following anfwer ;
Gentlemen^
Queen's an- « y Am cxtrcaml y wcll plcafcd with your addrc fs ;
fwer. J j|^ ^^^ J £^|jy depend upon the alfurances you
* give me, of your concurring in all the particu-
y lars I have recommended to you.
* You may depend upon my care, to encourage
' thofe whofe principles are agreeable to our con-
* flitution in Church and State.'
On the 19th Q^Decemler^ the Commons refolved.
That the charter dated the loxhoi Aprils 1708,
a.ttempted to be impofed on the borough oi Bewd-
A. I7IO. DEBATES. 313
ley in IVorcefterfhire ^g2Ax\^ theconfentof the ancient
corporation, was void, illegal, and deftruclive of
the conftitution of Parliaments •, upon which occa-
fion the following fpeech was made in the houfe.
Mr, Speaker^
* T Did not intend to have troubled you this feffion, ^irj.Paci-
* J^ and I believe it will be to little purpofe now : fpfech about
' For if a gentleman Hands up to complain ofgrie- ^^^eiudiey
* vances, although this houfe meets in order to re- ^'^'^^''
* drefs them, he is reprefented as a perfon that ob-
* flruds her Majefty's bufinefs •, if he finds fault
^ with the miniftry, he is faid to refledt upon the
' Queen ; if he fpeaks againft the continuance of
* the war, to prevent the beggary of the nation, to
* prevent the monied and military men becoming
* Lords of us who have the lands, then he is to be
* no obje6l of her Majefty's favour and encourage-
' ment. This, Sir, is the pafs we are brought to,
* and this is the freedom of fpeech you were pleafed
' to afk for at the opening of this fefTion, and which
' of right belongs to every member of this houfe. I
* remember the time, when fuch reftraints as thefe
* would not have been fulfered or endured ; but we
' are under arbitrary minifterial power -, and if ever
* there was an inflance of it, it is in this that is now
' before us : But how great foever the difcourage-
' ments are to freedom of fpeech, I think my felf
' obliged, as an Englijh gentleman, who never will
* comply with an arbitrary miniftry ; as a member
' of this houfe, who have been always zealous to fup-
^ port the conftitution of Parliaments ; as a neigh-
* bour to this borough in the cafe now before us, to
* fpeak my mind with that warmth I ufed to do,
' when the liberties of my country, or any part of
* it, feemed to be touched. For though the injury
' may be felt but by one fingle man, or one fingle
* fociety of men j yet the terror, the concern, and
' confe-
3H
Parliamentary A. 17 lo.
confequence of it, reaches unto all. We have
had a fadt this day of dangerous tendency laid be-
foi'e us, of a new charter forced upon an ancient
corporation, at the fingle inftance of a noble Lord,
without a furrender of the old, contrary to law,
to reafon, and the right of the members thereof;
which they refufed to accept, as being incon-
fiflent to their former charter of King James the
firft, and, as they conceived, void in it felf \ fince
'tis impoffible for two charters, any more than
two grants, or two leafes, to have a being at the
fame time. Ever fince the revolution, every thing
has been tranfacted in this corporation purfuant to
the charter of King James the firft, tae right of
the Bayiifi and Burgefies, affirmed by judgment
in the ^een^s-Bench^ until this new corporation
was eredicd by this unprecedented charter, which
the old was fo far from confenting fhould pafs,
that they oppofed it,. by entring caveats in all the
offices, and by fhewing that it was contrary to her
Majefty's intention, expreifed in the warrant.
* Thus, Mr. Speaker^ have you feen the prero-
gative enlarged and extended farther, I will be
bold to fay, than it was in the unhappy reign be-
fore the revolution. Every gentleman remembers
how highly things of this nature were refented in
K. Jameses time, when court-arts were ufed to
wheedle and terrify boroughs into a furrender of
their charters •, and when they found that m.ethod
would not do, they endeavoured to take them
away under colour of legal procefs, by bringing
^0 Warranto^ againfb them : This was then
thought dangerous to the conftitution ; and very
will it might, for the people of E',igland could
expect no other fruit from fuch a proceeding, but
that this houfe would be filled with men of the
army, with men of defperate fortunes, with pen-
fioners, with vafTals of the court, with flaves of
< the
A. I7IO. DEBATES. 315
' the miniflry, and with all thofe fervile fort of
' gentlemen, that can give with one hand to receive
* with the other, and thereby betray thofe they re-
* prefent to arbitrary power : But this inftance now
* before us, is more new and dangerous than taking
' away charters by furrender or ^0 Warrantors ;
* thofe methods made fome noife, alarmed the free
' people of England^ and you fee what came of it.
* But this is a quicker, a more filent method of do-
< ing it, which, like white powder, deftroys the
* liberty of the people, and fubverts the conftitution
« of this houfe without noife or notice. I beg, gen -
* tlemen, you would confider all the circumftances
* with which this charter was attended, and I am
' fure, you can't refled upon them without grief.
' Firft, as to the time, you have heard. Sir, how
* the great feal o^ England was affixed to this charter,
* upon the 22d o^ April 1708, the very fame day
' there was an order made in Council to iflue out
* writs, for calling that Parliament : In this critical
< junclure was this corporation ere&d, I will not
* fcruple faying, to ferve the arbitrary defigns of
« thofe who are afraid of a free election, who are
* afraid of a free and uninfluenced Parliament: fuch
* a Parliament would fcorn to flatter great men,
* would enquire into mifcarriages, and punifli fuch
< as were faulty, would call thofe minifters to an
' account who fliould prevail with the Queen to turn
' men of ability and confideration out of place and
* employment, for adting upon principles of honour
* and confcience, and doing their duty in this houfe.
' Another evil confequence with which this charter
' is attended, is. That fo many new electors, and a
' new returning officer, are created by it, to the in-
' fringement of the liberty of the fubjedl, and ma-
' king all eledions, in a manner, depend upon the
' will of the Prince. I hope. Gentlemen, you will
* ferioufly confider this matter, that you will lay
* afide all thoughts of party in this caufe j for if it
*- be
3i5 Parliamentary A.1711.
' be in the power of the crown to difTolve old cor-
* porations, and ere6t new, in fo exorbitant a man-
< ner, we may bid adieu to liberty and property,
* and to all that has coft fo much blood and trea-
* fure to maintain and defend ; there will be no
< difference between a Parliament of Great-Britain
* and a Parliament of Paris.
* I hope, once more. Gentlemen, you will fe-
* rioufly confider how much the honour and juftice
* of this houfe is concerned in the determination of
* the cafe now before you : The eyes of the people
' have been fome time opened ; they will obferve,
' they will judge of our votings in this caufe -, and
* expedl from us, as we have put a ftop to unjuft
* and exorbitant power abroad, that we fhould
' neither fuffer not endure it at home.*
Mr.Secretary St. John acquainted the Commons on
the 2d of January^ That, purfuant to their addrefs
of the 13th Oi December lail, the Qj-ieen had dired:-
ed Mr. Attorney- General, and Mr. Sollicitor-Gene-
ral, to take the moft proper and effedlual meafures
for repealing the charter of Bewdky^ mentioned in
the faid addrefs ; as alfo that her Majefty had given
diredlions to the proper officers to lay before the
houfe, accounts of profecutions ordered by, or car-
ried on at the expence of the crown, (3'c. according
to the defire of this houfe, in their addrefs of the
2 2d oi' December laft. He afterwards delivered to
the houfe the following meffage from her Majefty,
figned by her.
ANNE R.
The Queen's T T E R Majefty having received notice^ that there
the Com-° jlJL ^^^ ^^^^ ^^ a5iion in Spain very much to the
mons. difadvantage of King Charles'j affairs -, which having
fallen^ particularly^ on the Britifh forces^ the ^een
immediately
A. 171 1. DEBATES. 317
mmediately gave direElions for fending and procuring
troops to repair this lofs.
Her Majefiy acquaints this houfe with this intelli-
gence^ and likewtfe with her orders given thereupon y
not doubting but the Parliament will approve thereof y
and concur in their affifiance for remedying fo great a
misfortune.
After the reading of this melTage, it was unani- Their una-
moully agreed to return her Majefty thanks for the J^reupon?
fame, and likewife to aiTure her Majefby, That this
houfe was perfectly fatisfied in her great care, en-
tirely depended upon her wifdom, and would ef-
fe6lually fupport her Majefty in fuch meafures, as
fhe fhould think proper for retrieving the lofs in
Spain. The Committee appointed to draw up
this addrefs, reported the fime to the houfe the next
day, and it being unanimoufly ag-eed to, it was re-
folved. That it jfhculd be prefented by the whole
houfe. Accordingly, on the 4th of January^ the
Speaker, with the whole houfe, attended the Queen
at St. Janus^s with the following addrefs.
Mofi gracious Sovereign^
* T^ rE your Majefly's moft dutiful and loyal ^l^^^^^
' \ Y fubjeds, the Commons of Great-Britain the^^c^eTn.
' in Parliament alTem.bled, do return your Majefty
' cur humble thanks for your moft gracious mef-
* fage, wherein your Majefty ha3 been pleafed to
' communicace to us the intelligences you have re-
* ceived of an adion in Spain^ very much to the
' difadvantage of Xing Charleses affairs *, and the
' directions your Majefty has given for fending and
' procuring troops to repair this lofs.
' We beg leave to affure your Majefty, that this
' difadvantage will not difcourage us from ufing
* our utmoft endeavours, to enable your Majefty to
' carry
310 r ARL I AME N T A R Y i^.I/II.
* carry on the juft and necefiary war, in which you
* are engaged, for preferving the liberties of Eu-
* rope ; but after the many and undoubted in fiances
' we have received of your Majeily's great care and
* wifdom, being perfeftly fatisfied in the one, and
* entirely depending on the other, we are refolved
* effedlually to fupport your Majefty in the pro-
* fecution of thofe meafures that your Majefty fhall,
' on this occafion, think proper for retrieving the
* lofs in Spain.'*
The Queen's anfwer to this addrefs was,
Gentlemen,
•i^een's T Thank you very kindly for the entire confidence which
you place in me^ and will endeavour to make the
heft ufe I can of it^ for the piiUick advantage.
The Queen having on the fame day fent the like
meflage about the affairs of Spain^ to the houfe of
Peers, their Lordfliips prefented the following ad-
drefs to her Majefty :
' T ¥rE your Majefty's moft dutiful and loyal
' V V fubjeds, the Lords fpiritual and temporal,
* in Parliament affembled, return our moft humble
^ thanks to your Majefty for your gracious mefTage
' relating to the prefent ftate of affairs m Spain., and
' for the orders your Majefty has been pleafed to
' give, for fending troops of your own, and exciting
* your Allies to fend fome of theirs, in due time, in
' order to repair this lofs. And as this misfortune
* may have been occafioned by fome preceding mif-
* management, we take the liberty to affure your
* Majefty, we will ufe our utmoft endeavours to dif-
* cover it, fo as to prevent the like for the future.
* And fuch is the confidence v/e have in your Ma-
* jefty's great prudence and care, that we humbly
* alTure your Majefty, we will, to the utmoft', give
' all
A. 171 1. DEBATES. 319
* all the alTiftance in our power, to recover the ill
' condition of thofe affairs, and toffupport the war
* againll the common enemy in all places where
* your Majefty, in your wifdom, fhall think it
« neceflary, for the obtaining an honourable and
' lading peace, in concluding of which, we en-
* tirely rely upon your Majefty.'
To which addrefs her Majefty returned this
anfwer.
)ueen s
*T*HAT her Majefty took very kindly the addrefs of^^^^^
this houfe^ and doth not doubt of the Lords hearty
concurrence infupporting a war offo great importance
as this.
The Lords having refolved to enquire into the
management of affairs in Spain^ their Lordfhips,
on the 4th of January^ upon a motion made by
the Duke of Beaufort^ made application to the
Queen to ftay for fome days, the Earl of Feter-
horough'spnrnty to Vienna^ that they might make
ufe of fuch lights and informations as he was able
to give them, concerning thofe affairs. Accord-
ingly the Earl of Peterborough^ who defigned to have ^^Ji,g°'ii;'jo
fet out the next day, having for that purpofe,fent part the aifairsof
of his fervants and his equipage to Greenzvicb^ was ''^'''"'
countermanded -, and the Peers having, on the 5th,
taken the affairs of Spain into confideration, the
Earl of Abingdon Chairman of the Committee of
the whole houfe, put feverally five queftions to the
Earl of Peterborough ; to which his Lordfhip re- Five qneiiK
turned diftind anfv;ers, containing the fubftance oftheEai-iP^-
the fads and paffages publifhed, fome years be- t^rkrough,
fore, by Dr. Friend^ a Phyfician, who attended his
Lordfliip In Spain^ in a Book, intituled, An account
of the Ecrl of Peterborough'^ conduB^ &c. wherein
his Lordfhip's management is juftiSed and highly
extolled j not without fome reflections on the con-
duct
320 Parliamentary A.1711.
du6l of the other Generals in Spain and Portugal^
particularly, th^arl of Galway^s. After this, the
Lords ordered the Earl of Galway^ and the Lord
The Earl of Tyrawky^ (formerly known under the name of Sir
S'^/lofd^"'^ Charles Hara) to appear before them the next day,
ryratuiey which thcy did accordingly •, and the firfl having a
[oTpear be- chair appointed for him without the bar, by reafon
fore the of his infirmities, was defired by the Chairman to
^°"^'' give the Lords an account of what he knew con-
The Earl of ccming the affairs of Spain. The Earl of Galway
Gakvay having excufed his deficiency in not exprefling him-
the
Lords an ac- felf fo properly as he could wiili in the Englijh
««""^ o^^^s tongue, gave the Lords an ingenuous account of his
conduct, from his firfl fetting out for Portugal, till
the time he was recalled ; with which their Lord-
fhips appeared to be well fatisfied : And as he faid,
his memory might have failed him in feveral impor-
tant particulars, he defired that he might be allow-
ed to give in writing, what he had delivered by
word of mouth, wiiich was readily granted.
The Lord As for the Lord Tyrawley, being defired to fay
fiandrc^the what he knew about the fame affairs, and not know-
referve. j^g the drift of fuch an enquiry, but rather fufped-
ing his own reputation might be concerned, his
Lordfhip ftood upon the referve, and faid. That
when he was in the army he kept no regifi:er, and
carried neither pen nor ink about him, but only a
fword, which he ufed the befi: he could upon occa-
fion ; and that all he knew, in general, was. That
they always a6led according to the refolutions of the
councils of war.
Several The Lords Galway and "tyrawley being with-
\nLolT^i drawn, feveral Peers, particularly the Earls oiWbar-
my Lord ton and Godolphin, the Lord Hallifax, and fome others,
Fnkuiariy ^P^^^^ ^^ favour of my Lord Gakvay -, and among
the Duke of the reft, the Duke of Marlborough faid, that 'twas
hnugh. fomewhat ftrange, that Generals who had a(5led to
the beft of their underftandings, and had lofl their
limbs in the fervice, fhould be examined like of-
fenders.
A. 1711. DEBATE S. 321
fenders, about infignificant things. After a fmall
debate, the Lords adjourned to the Monday fol-
lowing, when the Earl of Galway delivered his nar-
rative in writing, as did alfo the Earl of Peterbo-
rough^ the recapitulation of his anfwers, with feveral
other papers.
The next day * the houfe of Peers being lat. Memorable
in order to refume the confideration of the af- the^^ffk^r
fairs of Spain^ the Duke of Devon/hire moved, o^spam.
That Dr. Friend might be fummoned to attend^ ^"""'^^
which was ordered. There being a great many
llrangers in the houfe, the Earl of Godolphin mo-
ved. That the houfe might be cleared : But the
Duke of Buckingham oppofed it, faying, That he
fuppofed thofe (Irangers were brought in by the
members themfelves, and therefore were under the
protection of the houfe ; that it might afterwards
be moved, that the Lords eldefl: fons fhould alfo
go out, though they had as much right to ftand
behind the throne, as the Lords to fit where they
fat •, that he had himfelf enjoyed that privilege,
and wifhed himfelf to be young enough to be
amongfl them. Hereupon it was carried, that the strangers
llrano-ers that had been placed in the eallery, permitted m
n Pi 1 r rr ^ n -^ ' ftay in the
Ihould be lulTered to ftay. houfe of
The preliminary about ftrangers being over, ^^^'^^'
the Duke of Buckingham faid, he hoped that bufinefs
would not take up fo much of their time as it had
done two or three years before : Upon which the
Earl of Scarborough faid, That the principal points
which they ought to take into their confideration,
and ftri(5lly examine into, was the council of war
held in Valencia^ the 15th of January 1707, N. S.
and the joining of the troops brought by Earl
Rivers^ with thofe under the command of the
Earl of Galway. After this the Earl of Wharton -
moved, whether the Earl of Galway^s memorial
Ihould be read in the houfe, or in the committee j
and the Earl of Ferrers faying^ It was more proper to
Vol. V. y read
-522 i,/iKJUXi^ivijci\iAi^i .£:i..iyil,
read it in the committee •, it was agreed it fliould be
fo ", and the Earl of Peterborough having defired, that
his recapitulation might alfo be read in the com-
mittee, the fame was granted. After this the houfe
adjourned during pleafure, and refolved into a com-
mittee of the whole houfe, of which the Earl of
Abingdon was chofen chairman, as before.
The Queca Jt being known that the Queen defired to hear
w/TtVthf this memorable debate incognito^ the fame did not
houfe of begin till her Majefty was come, that is, about a
quarter paft two in the afternoon. Hereupon the
Duke of Buckingham moved, that the Earl of Gal-
vjafs paper might be read ; and the chairman ha-
ving ordered the clerk to read it accordingly, the
Earl of Peterborough renewed the inftances he had
made before, that my Lord Galway might be afked
fome queftions, and that he and the Lord Tyrawley
might be called in : But the Lord Cowper faid, that
it was not proper to afk the Lord Galway any que-
ftions, till the Earl of Peterborough's narrative had
been read in his prefence, which was agreed to.
Hereupon the Earl oiPeterborough faid, that to avoid
all miftakes, he defired his paper might not be called
a narrative, which might look like an accufation,
for he accufed no body , but only a recapitulation
of his anfwers. After this the clerk read the Earl
of Galway's narrative, being as follows :
The Earl of « T N obedicncc to your Lordfliipsf commands,
iwrrathc! ' A ^ prcfent you with a fiiort narrative in
* writing, containing the moft material occurrences
' that happened in Portugal and Spain, during the
' time I had the honour to command the Queen's
* troops there.
' In June 1704, being retired into the country, I
' received the Queen's comm.ands to attend her Ma-
* jefty at Windfor^ where fhe was pleafed to order
* me to go and take upon me the command of her
' troops in PortngaU I defired to be excufed from
•• accept-
A. 171 1. DEBATES.
* accepting an employment which I did not think
* my felf equaj to, but the Queen feeming fixed in
' her refolution, I obeyed.
' Upon my arrival at Lisbon^ 1 found the two
* Kings of Spain and Portugal alrt^dy marching for
< Abeira^ and joined upon their rout But the fea-
« fon was much advanced, and it being thought
* impra6licable to attack the enemy there, it was
* foon refolved to retire into Winter quarters.
' The troops being in quarters, I went to Lisbon^
' where I had certain advice that Gibraltar was be-
' fieged, and Marefchal Thejje gone thither ; upon
' which, confidering the importance of the place, I
* immediately fent the Prince of Hejje four of the
* beft regiments of foot under my command, vi%,
* The battalion of guards, my Lord Barrymore*^^
* Lord BonnegaWs^ and "Lord Montjoy^s ; together
^ with a large fupply of ammunition and provifions,
^ which the garrifon wanted extreamly. This relief
* arrived in good time, and proved fo fuccefsful,
« as not only to defend the place, but to hold out a
f fiege that entirely ruined the enemy's infantry, and
' prevented their being able to take the field the
' following fpring in Alentejo.
' Being informed of their condition, as likewife
' that there was but a very fmall garrifon in Ba-
' dajox^ I endeavoured to perfuade the Portuguefe to
' attack that place, but could not then prevail ;
' however, they took Valencia de Alcantara by ftorm,
* and Albuquerque by capitulation, under the com-
' mand of the Conde das Galveas^ and afterwards
' retired to quarters of refrefliment, as is ufual in
' the excelTive heats of the fummer.
' During this interval I v/ent to Lisbon to confer
' with the Earl of Peterborough, I found the King
' of Spain defigned to embark with him ; and not
' doubting but the Earl was bound upon fome im-
' portant expedition, though I had no orders to
^ that purpofe, and had now only one regiment of
Y a ' horfe.
324 I A K L 1 ii M E N T A RY A. i/ir.
' horfe, two of dragoons, and five of foot left un-
' der my command in Portugal^ I offered him
* whatever part of thefe troops he pleafed to defire.
' The Earl accepted of my offer, and chofe the
' royal regiment of dragoons, and Cunningbam's^
* taking likewife an order with him from me to
* the Governor of Gibraltar ^ for fuch regiments
* from thence as he fhould think fit to take on
« board, leaving only a fufficient garrifon for the de-
' fence of the town, and accordingly his Lordfhip
' took from thence thofe four regiments, which I
' had fent thither to the relief of the place.
* After the King of Spain and my Lord Peter-
' borough were failed, with great difficulty, I pre-
* vailed upon the Portuguefe to befiege Badajox in
* Autumn j but inflead of taking the field, as we had
* agreed to do, in the beginning of September^ it
* was the fecond of O^^^^^r before I could get them
* to invefl the place, under the command of the
' Marquis das Minas. Our cannon had already be-
* gun to play with fuccefs, when an accident hap-
' pened in a battery, which I went thither to repair ;
* and being there to give the necelTary orders for
* that purpofe, I loft my arm by a cannon Ihot
* from the town ; but it is the general opinion, that
' if the difpofition which I put in writing, the very
* morning the misfortune happened to m.e, and
* propofed to a council of war, where the fame was
* agreed to, had been duly executed, Marefcha!
' nejje could never have relieved the place, which
* muft necefTarily have fallen into our hands in a
* very few days.
' Not long after the fiege was raifed, news cam^j
* of the furrender oi Barcelona to King Charles^
* and about a month after, that Marefchal l^hejje
* had marched with the beft part of the forces,
' quartered on the frontiers of Portugal^ in order to
' join the Duke of Anjou^ and befiege Barcelona
again.
Upon
A. 1711. DEBATES. 325
< Upon this I refolved to propofe to the Por-
« tuguefe to march to Madrid^ concluding, that
• either the Duke of Anjou would, by this means,
' be obliged to quit the fiege of Barcelona^ or elfe
' that we could meet with no oppofition in our way.
' For this purpofe, I took a journey to Lisbon ^
' even while m.y wound, upon the cutting off my
' arm, was ftili open, and had fuch fuccefs with
' the King of Portugal^ that his troops took the
' field the following Spring, by the 26th of March ^
' N. S, under the command of the Marquis das
' MinaSy with intention to befiege Alcantara^ and
' march that way to Madrid. Mean time the Duke
• of Berwick^ who had been fent to command on
• the frontiers o^ Portugal in Marefchal 'Tbejfe's (lead,
• had thrown ten regiments of foot into Badajox, and
" marched v/hh feven more, and a body of 4000
' Jiorfe towards Alcantara^ in order to reinforce that
■ garrifon, by the addition of thofe feven regiments,
• which he accordingly left there, and then came
back to Brocas with his cavalry ; where we fur-
• prized him, beat his rear-guard, purfued him a
confiderable way, and took pofleflion of the caflle
of Brocas ; in which place we left a garrifon to
cover our foragers, during the time that we fhould
lie before Alcantara,
' After this, we continued our march to Alcan-
tara^ which furrendered to us in a very few days;
we took ten good battalions prifoners of war there,
and found about fixty pieces of cannon in the
place, with great ftore of fmall arms and ammu-
nition.
' After thefurrenderofyf/r^;//^rj, wecroffedthe
^agus there, and having taken fome places of
fmall note upon our march, and forced a pafs at
M-aJfagona^ where the enemy had entrenched
themfelves, we advanced as far as the bridge of
Almaras,
y ^ < But
326 Parliamentary A.1711.
« But here the Poriuguefe refolved unanimoufly
^ to return home again, notwithftanding all the ar-
* guments the Generals of the allies could offer to
* the contrary, which happened very unfortunately ;
' for had the army marched direclly from thence to
' Madrid^ in all probability, we mufl; have arrived
' there at the fame time with the news of the Duke
« o(Jnjou*s being returned to France ; the Dutchefs
' muft have been obliged to efcape alone ; and the
* tribunals being dill there, it is very likely the war
* would have been over.
' Some of the Portuguefe were willing to go back
* and bcfiege Badajox^ which was entirely laying
' afide all thoughts of Mad/rid^ but others were for
* attacking Ciddad RodrigOy and by joining with
* thefe, I engaged them, after the taking of that
* place, to go to Madrid. But the time which was
* loft on this occafion, had given the Duke^ of
* Anjou an opportunity of returning from France to
* Madrid^ from whence he withdrew the court, and
* all the tribunals, before our army could reach that
* place \ fo upon our arrival there, we found Madrid
* an open village ; and the troops having been ex-
* treamly weakened by fo long a march, v/ere not
* above 4000 horfe, and 8 or loooo foot.
* The Portuguefe Generals, and thofe of the Al-
* 4res, thought it highly necefifary the King of Spain
*• ibould come to Madrid^ as foon as pofiible -, for
^ befides the advantage his prefence might have
' be^n to his own affairs, it was of the lad impor-
* tance to us to be immediately joined by the forces
* with the King, and under the Earl o\ Peter hor oughts
* command •, not being ftrong enough, without
* them, to attack the Duke of Jnjou -, who had
' already received fome fuccours from France^ be-
* fides the 5500 horfe, and 8000 foot, of which the
* Duke o^ Berwick*?, army confided, after he 'had
^ been joined by the Conde de las 'Torres.
^ Being
A. 171 1. DEBATES.
' Being perfeclly informed of the enemy's ftrength
• and motions, and having great reafons to believe
' tliat if we were joined in time by all the forces
< with the King and the Earl of Peterborough^ w-e
' might, in this favourable conjundure, drive the
' Duke of A}jjou entirely out of Spain ^ make our
• felves abfolute mafters of that kingdom, and put
' an end to an expenfive war. Ail the while w-e lay
• at Madrid and Guadalajara I difpatched every
' day one or more exprefies, and the greatefb part
• of them OfEcers, with letters to the King of 6"/)^/;/,
^ and to my Lord Peterborough^ reprefenting to them
*- both the importance of our being joined forth-
' with, and earneftly defiring that no time might be
' loft in improving ^o critical a jundure.
* As the next beft means to advife our friends of
' our arrival at Madrid^ the firft Gazette day, after
' we got thither, I caufed it to be publifhed in the
' Gazette^ that we were there, and expedled, in a
' very few days, to be joined by the King and the
' Earl of Peterborough^ hoping that the natural cu-
' riofity of the Spaniards would give a printed news-
' paper a free paffage.
' But notwithftanding all the diligence that was
' ufed in this matter on our part, near fix weeks
' were elapfed at Madrid and Guadalajara^ before
' we received any advice that the King v/as upon
• his march to join us; and, in the meantime, the
^ Duke of Anjouh army was fo much increafed by
• daily reinforcements from feveral parts, that he
• was now become fuperior in number to us, even
• after we were joined by thofe forces which the
• King and my Lord Peterborough brought along
' with them.
' And I muft fay, that it is the general opinion,
• and I do verily believe, as the Portuguefe loft one
' fair opportunity of putting an end to the war, by
• not marching diredly from the bridge of Almaras
\_ to Madrid \ To we loft another, for want of being
Y 4 \ joined
328 Parliamentary A. 1711.
* joined in time by the forces under the command
* of the King of Spain and Earl of Peterborough.
* And whereas that noble Lord is pleafed to
' aver. That he never received any advice from me,
* of my arrival at Madrid with the Fortuguefe ;
* and as an argument of my negled of him on that
* fubjed, produces an inftance of one Officer, that
* happened to pafs through his quarters with letters
* from me to the Kiner, and none for his Lord-
* fhip *, I am obliged to obferve, that I gave this
* Officer an hundred piftoles, and ordered him to
* go diredly to the King of Spain^ who then lay at
* Saragojfa^ but he was accidentally forced to go out
* of his way to avoid one of the enemy's parties,
* which was the true occafion of his paffing through
* the Earl oiFeterhorough*^ quarters at Valencia^ con-
* trary to his firft intention. But feveral other
* Officers who were difpatched by me to the Earl,
* affured me they had the honour to deliver him
' thofe letters which I wrote to his Lordfhip from
' Guadalaxara : And even taking the fa6l to be as
* the Earl of Peterborough is pleafed to (late it him-
* k\^^ it is plain his Lordfhip had at leaft fome
' verbal informations from that very Officer that
* paflTed through his Lordffiip's quarters, and con-
* fequendy could not be altogether ignorant, either
* of the place where the Portuguefe army lay, or of
* the neceffity of joining them without lofs of
* time.
* After the General had got King Charles pro-
' claimed at Madrid^ it was thought fit to advance
^ to Guadalaxara^ where we had at lafl advice, that
^ the King was coming to join us, and at the fame
* time were informed, that the Duke of Anjou was
^ ^ at Guadalaxara^ to which place we marched to
* prevent the enemy from intercepting the King.
^ Upon our approach, the Duke of Anjou repaffed
* the river, which little advantage we contented our
^ felves with, for it was not thought advifeable to
< follow
A. I7II. DEBATES. 329
* follow and attack him on the other fide, being
* advantageoufly pofted, and ftronger than we,
' We Hayed here two days, and when we thought
« the King was out of danger, we again retired to
' Guadalaxara^ where we were joined by his
* Majefly and my Lord Peterborough^ with two re-
' giments of Spanijh dragoons, and part of Pearce^s^
' for his Lordfhip had left behind him, in feveral
^ places, 13 battalions of Englijh foot, with the
*- remainder of Pearce's, and two other entire regi-
' ments of dragoons.
J ;' So foon as the armies were joined (having, upon
■' my arrival at Madrid, fent Captain Montague to
* to give the Queen an account of our march, and to
« defire her Majefty's leave to retire) I waited upon
' my Lord Peterborough^ offering him the command
' of the EngliJJjy and to receive his orders, till I
' fhould have the Queen's leave to go home : But
' becaufe the Marquis das Mhms would not do fo
*■ too, my Lord Peterborough chofe not to flay with
' the army, and within a few days after went
' away.
* The King refolved, by advice of the General
* Officers, to go to Chincon, where all things ne-
* cefTary for the army were found in great plenty :
* But the feafon being far advanced, a council was
* held about taking Winter quarters, where it was
* agreed to be by no means fafe to canton on that
' fide of the 'Tagus^ for fear of lofing all commu-
* nication with the fea : befides, the country was fo
' open, the troops could not be divided without
' danger.
' For thefe reafons, after having flayed at Chincon
' about three weeks, though the army had forage
' and provifions for as many more, it was agreed
' forthwith to crofs the Tagus, leafl the approaching
* rains fhould render the fords impradlicable ; nor
* was there a pofTibility of taking Winter quarters fo
\ comn^odioufly as in the kingdom of Valencia,
* where
330 Parliamentary A. 1711.
« where the fitiiation of the country rendered us
« fecure againft any attempts from a fuperior army.
' This refolution was put in praftice, and we
' made our retreat in good order, notwithftanding
* all the interruption the enemy were able to give
' us, and were obliged at Tnkjia to crofs the river
* in fight of all their cavalry.
' Whilft the army was in quarters, my Lord
^ Peterborough came back from Italy ; and whereas
< it h^s been fuggeiled, that his Lx)rdfhip did then
* demand from me 5000 men, for fome expedition
* on the fide of Catalonia^ which were refufed ; I
^ I muft declare I do not remember that the Earl
* ever applied himfelf to me, in particular, upon
* that fubjecl •, if he had, the anfwer muft natural-
' ]y have been, that that matter depended not upon
* me to grant, or refufe, but upon the King of
^ Spain^ under whofe command I was.
* But I do not remember the Earl propofed this
*- at fome general council, or councilof war, held in
•^ iht King's prefence, about the operations of the
' enfuing campaign, and joined with thofe that were
' of opinion, that it was by no means convenient
* to divide the troops, as may appear by a copy of
*• that opinion figned by my Lord Tyrawley^ and by
*- me, bearing date the i^xhd-xy o^ January^ 1706-7.
' But I muft beg leave to obfei*ve, that it was not
' the decifive council for the operations of the cam-
* paign, for many fubfequent councils were held
' in the King's prefence, more important than this ;
* and though in them there might have been fome
' variety of opinions as to the manner, yet almoft
' all the Generals and Minifters that affifted at thofe
* councils, agreed perfectly in the fubftance, which
•^ was, That we fhould join our troops and march
* to Madrid : Some indeed, were for palTing through
* the plains of the Mancha^ and crofling the Tagus ;
' but this opinion was over-ruled, becaufe of the
* hazard in paffing the river, if the enemy oppofed
* us,
A. i7n: DEBATES. 331
' us, and of the fcarcity of provifions in the Mancha^
« which had been exhaufted by the enemy's Winter
< quarters •, for which reafons it was, after many
« debates, agreed. That we Ihould take the way of
« Valencia and Arragon^ pafling the ^agus at its
' head, to avoid all oppofition. But left the
' kingdom of Valencia might, by this means, be
« any ways expofed, it was like wife refolved, before
' we fhould begin our march, to deflroy all the
' enemy's magazines of provifions and forage, in
* the country bordering upon the frontiers ©f Va-
* lencia^ to prevent them from making incurfions :
« And I do take upon me to aver, that nothing was
' ever tranfaded, during the time I had the honour
' to command the Queen's troops, contrary to the
* pofitive refolution of any general council, or council
* of war, unlefs that refolution was afterwards rc-
* pealed by fome fubfequent council.
' So fenfible was every one of our being already
« too weak, it was refolved to defire my Lord
* FJvers (who v/as lately arrived at Lisbo7t) would
' join us with the troops that came under his com-
' mand from England^ which his Lordfhip did,
' not long after.
' For the better execution of what had been re»
' folved for our march through Valencia and Arra-
' gon^ proper Commififaries and Officers were dii^
' patched to provide bread and forage fufficient for
* the troops, in all places where it was defigned the
' ar my fliould pafs. I went with the Marquis das
' Minas to the frontiers, towards the latter end of
' March^ and we took the field the beginning of
* April: We ruined part of the country bordering
* upon the frontiers of Valencia^ before the enemy
' could join their troops, particularly Yecla^ where
' they had their largefl magazines, and judging it
* necelTary to take in the caflle of Valencia^ to pre-
* vent their army from being mafbers of one of the
* mofl confiderable inlets into the kingdom of Va-
< lencia^
33^ Parliamentary A. 1711..
* lencia,, fat down before that place; but it proved
< flronger than was exped:ed, and after we had
' fpent fome days there, we had notice the enemy
* had aflembled their troops at Almanza,
* Upon this advice, a council of war was held,
* where it was unanimoufly refolved to fight the
' enemy, which we were the rather induced to,
*• becaufe it was judged impofTible to fubfifl upon
* the defenfive in the kingdom of Valencia % for the
* country had already been fo much exhaufled by
* ourWinter quarters, that there was not two days
* provifion to be found for the army, and we could
^ not have been able to have fubfifted there fo lono;
' as we did, but for the fupply we found in the
* enemy's magazines at Tecla : Nor did we think
^ it proper to purfus the once intended march through
' that kingdom and Arragon^ left provifions fhould
* be wanting, leaving the enemy fo near, and in a
^ condition to follow us •, for though CommifTaries
^ had been employed, there was reafon to appre-
*- hend, the towns we were to pafs through would
* fhut their gates againft us, whilft we were clofely
* followed by the enemy, and perfecuted by the
* peafants of the country, who, grown defperate by
' feeing rhemfelves abandoned, would naturally be
* up in arms in the mountains. Befides, we had
^^ certain advice that there was already a body of
^ French troops, confifting of 8000 men, in Spain^
* and upon their march to reinforce the enem.y.
' Thus as the army muft inevitably have perifhed
* without fighting, it was thought reafonable to
* run the hazard of a battle, wherein we had an equal
' chance to come oft vidors ; which was according-
^ ly done two days after, on the 25th of Aprils
' 1707, N. S. but with ill fuccefs.
' The cavalry of the allies, with fome fmall part
* of the foot that had efcaped the ill fate of the day,
* joined again at Alcira^ from whence they retired
' to
A. I7II. DEBATES. 333
« to 'Tortofa •, and finding the enemy had croffed
« the Ebro, endeavoured, by oppofing their pafTage
* over the Chinca^ to amufe them till the latter end
* of the campaign. Mean time, with great expe-
' dition, I gathered the broken remains of the foot,
* (out of which I formed five battalions, and raifed
* four more of Catalans^ with which we made a
* ftand againft a vidlorious enemy, and preferved
* the principality of Catalonia entire, excepting Le-
* rida. After the taking of which place, the- ene-
* my thought fit to retire into winter quarters, and
* w^e did the fame.
' In February following the Marquis das Minas^
' with moft of the Portnguefe Generals, embarked
* for Lisbon \ and having the Queen's leave to do fo
* too, I vifited the feveral quarters where the troops
* in herMajefty's pay were lodged ; and having left
* the necelTary orders with Majors Generals Carpen-
' ter and Wills ^ for their government in my abfence,
* took the fame opportunity of going thither.
' Upon my arrival in Portugal^ I found the
* Queen's orders there to take upon me the cha-
' racters of AmbafTador extraordinary, Plenipoten-
* tiary, and General of her forces, which charges
* I^accepted in obedience to her Majefty ; tho' I
* had nothing fo much at heart, as the pleafure of
* returning to that retirement, from whence, only
' the Queen's pofitive commands could have drawn
' me.'
After the reading of this paper, the Earl of Ro-
chefter moved. That the Lord Gahvay fhould be
afked, whether he had any thing to add to it ?
Whereupon the Earl of Godolphin faid, That the
Earl of Peterborouo-rfs narrative ouo,ht to be read
before hand in his prefence. The Earl of Galway
and the Lord I'yrawky being called in, the Clerk
read the five queftions that were put the Friday be-
3^4 Parliamentary A. 1711.
fare to the Earl of Peierkyougb^ with his Lordfhip's
anfwers feparately.
Firft QV E S T I O N.
nnHE Earl cf FettrhoYOUgh be defired to acquaint
the Committee J?ow he was fupperted with men
and moneys during the time he commanded in Spain,
and what applications he made for either^ and to
whom ?
ANSWER.
TO the firft queftion he was pleafed to anfwer^
That the management of the war in Spain^
when under the condu6l of other Generals, was not
only fupported by great numbers of men, and vaft
fums of money, but alfo with notorious falfhoods,
publifhed in their favour, to excufe their repeated
difgraces ; whereas his Lordfhip was not fupported
as the fervice required, with either men or money ;
but his condud: traduced, notwithflanding his con-
ftant fuccefles, by multitudes of reprefentations and
fuggefl ions to his prejudice, all of them detecSled to
be falfe, before your Lordfhips, on the evidence
lying before the houfe, or in his hands to prove
them i'o^ whenever his Lordfliip fhould be allowed
the opportunity.
That he had no reinforcements of men till three
or four days before the French raifed the fiege of
Barcelona •, that Mr. Stanhope^ who came with thofe
forces, in his letter reprefents them, as far fhort, in
his opinion, of what the occafion required ; and
that he received no money from England^ till his
coming back to Valencia^ after that fiege, and that
little fum was out of his Lordfhip's power to make
ufe of, the Pay- mailer, for above a month, difpu-
ting to ilTue it, by his Lordfhip's orders, as ap-
pears by proofs upon oath in this houfe.
That
A. I7II. DEBATES. 335
That the troops he brought there did not amount
to 5000, though publifhed in the Englijh Gazette to
amount to 25000.
That no one regiment was provided with the leaft
equipage ; no mule, nor horfe ; no carriage for the
troops, nor any beaft of draught for the artillery ;
no magazines for provifions for a march. His Lord-
fhip having taken and relieved Bcyrcehna^ drove
7000 men with 3000, ovxo'i Valencia^ and 25000
men out of Spain^ with the inconfiderable forces he
had, before he received one penny from England,
His Lordfhip faid farther, he never had any efta-
blifhment ordered nor allowed for baggage- money,
forage-money, or the train of artillery, till juft about
the time when the command of the forces was put
into other hands. His Lordfliip was pleafed to fay,
he was forced to fhift as well as he could, with what
money he had of his own, and could pick up and
down the world, and was rewarded for his pains
and fervices, with having his bills protefted, which
he drew from Genoa^ for moneys put on board her
Majefty's fhips ; for which her Captains were ac-
countable to the Pay-mailer, and put out of the
Earl's power. That the troops received the full
fum without any difcount, though it was made ufe
of by a Secretary of ftate, as one motive for recalling
his Lordfhip, that he had drawn the bills at 25
per Cent, difcount. The Earl further took notice^
that tho' he wanted money, and all neceffaries what-
foever, it was objedted to him, that he did not im-
mediately put the troops in fuch a condition into the
field, which was utterly impofTible for the aforefaid
reafons ♦, and his Lordfhip affirmed, that a mer-
chant had flopped, and yet detained 1400 /. of his
Lordfhip's money in his hands, for the damages he
pretended to have received by the protefling the
bills, which the Earl of Feterhormgh had drawn in
his favour.
His
336 FARLI AME N T A k Y A.iyit,
His Lordlhip further obferved. That fome Lords
had feemed unfatisfied upon this head, though not-
withftanding all thofe difficulties, it appeared by the
oaths of all the officers examined in the houfe, that
the troops fent to thefiege of Requena went without
baggage, which place was to be taken to make the
entrance into Cajlile poffible ; and that all the regi-
ments begun their march, regiment by regiment,
the moment they had their mules delivered to them
for their equipage. His Lordfhip concluded this
head, with obferving what untrue reprefentations
were made in favour of others, when, to ex-
cufe the fatal battle of Almanza^ a King was to be ufed
at that rate, as to have it, in an account printed by
authority, declared, that he took numbers^ a^
mounting to 4 or 5000 men^ from a battle to be fought
for his crown •, the very regiments of horfe and foot
mentioned by name \ whereas it is notorioufly known
to the whole v/orld, that he took only about two
hundred miferable SpanifJ:) dragoons •, and that of
the regiments mentioned to be taken away from the
Englijh General in Valencia^ fome of them were ne-
ver in being -, others were regiments of trained-bands
in Barcelona y and none of them within 250 miles of
tht place.
Second Q^U E S T I O N.
*T*HE Earl of Peterborough may acquaint the houfe
of what he knows of the Earl of Gal way V pro^
ce e dings ^ during his flay with the army at Ma-
drid, his march to Guadalaxara, and his retreat to
Valencia, and if he knows any thing of the oppofition
tnade by the King of King, the Count De Noyelles,
and the Spanifli Minijlers and Generals^ to thofe mea-
fures.
ANSfVER.
A. I7II. DEBATES. 337
ANSWER.
TO the fecond queftion the Earl was pleafed to
anfwer. That from the time the Earl of
Gnlway came firfl into Spain as far as Almaras^ and
thence returned back into Portugal>^ the Earl of
Peterborough had no advices from the Earl of Gal^
way^ no account of the motives of that retreat, or
any hopes given him of the return of the Por-
tuguefe into Spain. That after the raifing the
fiege of Barcelona y and the retreat of the French
army out of Catalonia^ the Earl of Peterborough re-
ceived no letter, or meflage, from the Earl of Gal-
way^ after his fecond entrance into Spain -, nor
had the leaft notice of his fituation, circumftances,
or defigns, till he faw his troops retreating from
the enemy to take the flrong camp of Guaia-
laxara., though the marches of the King from
Arragon^ and thofe of the Earl of Peterborough from
Valencia., were well known in the Portugal camp.
That two feveral officers, fent by my Lord Gal-
way., came to Valencia., and brought no letters to
the Earl of Peterborough., one of them demanding
money for the purfuit of his journey.
That as to the perfons who advifed the King to
go by Arragon., and not by Valencia., he knows
no farther, (being at that time abfent from his Ma-
jefty) but that having ever extreamly oppofed
it, and having writ to the Secretary of flate, at
his firft coming to Valencia., againil it, he received
an anfwer to this purpofe. That he hoped the
Earl of Peterborough would bear the mortification
and difappointment with patience, fince the King
was fo relblved j and a MelTenger by the ap-
pointed token, known to be fent by the Lord Gal-
way, had given notice, that the faid Earl expeded
the King by the way of Arragon^ and had given to
Vol. Y. Z underftand
338 Parliamentary A. 1711^
underftand how every thing was prepared for his
reception that way.
Third QUESTION.
^HAT the Earl of Peterborough acquaint the
hoiife^ what advice his Lord/hip received from
the Earl of Gal way at Madrid, in order to con^
cert any puhlick meafures^ and what his Lordfhip
knows of the reafons that induced the King of Spain
to go by Arragon towards Madrid, and not by
Valencia ?
A N S IV E R.
TO the third queftion the Earl is pleafed
to anfwer. That the Earl of Galway con-
tinued about 40 days at Madrid^ without making
any endeavours to augment his troops, or provide
any magazines for the fubfiflence of his army;
that meeting the enemy unexpedledly, and re-
treating to the camp of Guadalaxara^ the troops
were without provifions, and in the greateft dif-
order-, that the meafures taken in that retreat,
where 5000 men were loft without a blow, and
the whole cavalry ruined, were all pofitively a-
gainft the King's opinion, and that of all his Of-
ficers and Minifters : That the Earl of Peterbo-
rough had the accounts he gives, from the King
of Spain^s own mouth, and feveral of his Gene-
rals; and it will particularly appear by letters
from Count Noyelles, Velt-Marefchal of the Em-
peror, and General to the King of Spain, and
from Mr. Stanhope^ which letters the Earl is rea-
dy to produce ; and that it is notorious to the
whole world, that if the Earl of Galway had pur-
fued the enemy ten days longer towards the Ebro^
ail the horfe under the Marefchal of Berwick had
deferted
A. I7II. DEBATES. 339
deferted to King Charles^ and the French could ne-
ver have returned to Spain.
Fourth QJJ E S T I O N.
JF his Lordjhip pleafes to give an account of the
councils of war in Valencia, about the 15th of
January, 1707, upon notice of the Earl Rivers
failing into the Streights, and upon the projects of
that campaign^ and what numbers the King took from
the armyy and an account of his manifejlo upon fo
doing ?
A N S PF E R.
TO the fourth queftion the Earl is pleafed to
anfwer, that feveral councils of war were held
in the month of January^ at Valencia (about the
time that the intelligence was brought, that the
forces under the Earl Rivers were entered into the
Mediterranean) in order to adjuft the meafures for
the enfuing campaign-, that the matters therein
debated , were principally , whether the army
fhould march towards Madrid^ and feek the ene-
my ? In the debates, the Earl of Peterborough pofi-
tively affirms, that the Earl of Galway ^ Mr.
Stanhope^ and the Lord 'Tyrawley^ fupported thofe
meafures, with the Portuguefe General ; and that
the King, the Count de Noyelles^ the Spanip Ge-
nerals and Minifters, with himfelf, argued flrong-
ly againfl thofe meafures, as highly dangerous and
impra6licable, and this in repeated councils of
war J till at lad thtRdirl of Peterborough, follicited
by the King of Spain to renew the debate, de-
fired the King, that all called to the council fhould
bring their opinion in writing, that every body's
opinion, and reafons for that opinion, might ap-
pear, and be known to the world, which accord-
ing to the King's commands, were put in wri-
Z 2 mg
340 Parliamentary A. 1711.
ting, and delivered at the council. That the faid
Earl fent his opinion home, and gave the Lord
Treafurer an account of the controverted points in
that council of war, by letters about that time, and
after the battle of Almanza^ from Genoa^ which
letters, attefted upon oath to be true copies, he is
ready to produce.
That the King's opinion, and that of all his
Generals and Minifters, in concurrence with the
Earl of Peterhorough^ was over-ruled by a Mini-
Iter of her Majefly, aflliring that her Majefty had
given him orders to declare, in her name, that
her pofitive orders were, that they fhould feek the
enemy, march to Madrid^ and not divide the forces,
upon any occafion whatfoever.
That in a fubfequent council of war, the beft
meafures were concerted for the putting this in
execution, againft which the King and fo many
Generals and Foreign Minifters had declared ♦, and
that it was unanimoufly agreed, the army iliould
march by the head of the "Tagus into Arragon^ to
avoid the enemy's horfe in the plains, and not to
have that river to pafs before the enemy.
That, notwithftanding this, the Earl of Galway
brought the army into the plains of Valencia^ the
dire6l contrary rout to that of Arragon^ and into
all thofe dangers which he was to avoid, by march-
ing by the head of the ^agus.
That, by letters from my Lord Sunderland to
Mr. Stanhope and Lord Galway^ before the houfe,
it appears, that thefe Lords and perfons differed in
opinion from the reft. The fubje6t matter of their
opinion being inferred, and it being taken notice
of in fach letters, that thefe opinions in writing
were received, and agreeable to the Lord Trea-
furer's thoughts -, and Mr. Stanhope thanked and
approved, for what he had offered in the Queen*s
name.
That
A. 1711. DEBATES. 341
That the Earl of Peterborough was the more of
that opinion, becaufe the Duke of Savoy and Prince
Eugene had declared their fentiments for a defenfive
war at that time in Spain ^ and had communicated
their thoughts to Charles III, upon that fubjedi:, to
the certain knowledge of the Earl of Peterborough^
as he can make appear by authentick papers from
the King o^ Spain,
That the Earl fent a projed of the Duke of
Savoy and Prince Eugene^ in concert with himfelf,
to the Queen, which her Majefly had her felf re-
quired, in which the faid fentiments might ap--
pear, if the Earl had the Queen's leave to pro-
duce it.
That he went into Italy by the Queen's com-
mands and follicitations, with powers and autho-
rities to negotiate and treat with the Duke of Savoy ^
though it is true he was found fault with for fo
doing, as if he had not the Queen's orders, (which
yet he is ready to produce) and was recalled upon
that pretence *, that thofe orders were communicated
to the King of Spain ^ Lord Galway^ Mr. Stanhope,
the Generals and Minifters of the army, when at
Guadalaxara^ and he was by them unanimoufly fol-
licited to go for Italy ^ in purfuance of thpfe orders,
and this agreed to in a council of war.
That an objedion raifed, that he went alone,
when ordered to go with troops, is of no weight,
fince while he was preparing to execute thofe or-
ders according to that letter, a ftrong fquadron
of the fhips were commanded away to the Weft-
Indies^ under Admirals appointed from England ,
and the particular fhips mentioned for that fer-
vice. That thofe orders were founded upon the
fuppofition that Madrid^ and all Spain^ were in
the hands of King Charles \ that notwithftanding
the total alteration of affairs, it was not in the
2 3 power
§42 Parliamentary A.1711,
power of the Earl of Peterborough to prevent this
fatal feparation of the fleet, though he propofed,
and follicited the other Admirals to join with him
in fetting afide orders fo prejudicial to the pub-
lick, but could not prevail •, when yet they al-
lowed it made the fleet ufelefs for that year where
they were, and that the fquadron under their pre-
cife and pofitive orders, could be of no fervice in
the TVeJi- Indies^ not even to go out of there, to
purfue the Galleons, had they had intelligence of
them.
That the King oi Spain ^ Count Noyelles^ Mr.
Stanhope^ and Zinzerling^ by the King's order, fol-
licited the Earl of Peterborough's return into Spain^
and he was ordered by his Catholick Majefty to
follicit, in the mod prefTing manner, that the
Earl of Galway might be recalled, and the Par-
tugiiefe troops removed ; that accordingly, when he
had fent the projeiSl upon Thoiilon^ and againft
France^ to the fecretary of flate, he returned, and
afllfled at the feveral councils, which are now en-
quired into, and of v/hich he has given a full and
true account *, and that he was the more prefTing
and endeavouring to prevent the rafh meafurcs which
brought on the battle of Jlmanza, becaufe the de-
fenfive in Spain^ was agreed on by the Duke of
Savoy^ and Prince Eugene^ in order to the defign
proje6led againft Thoulon \ which defign againft
Thoulon was wholly altered, and made fo impra6li-
cable, that the Duke o^ Savoy ^ in the moft public
and folemn manner, declared his unwillingnefs to
engage in it.
That then in thofe councils, when the Earl
Rivers was arrived, and landed at Alicant^ far-
ther debates arofe what advices ftiould be given
him, and what propofed to him to execute with
his troops : The projedb approved, and offered
by my Lord Galway and Mr. Stanhope^ was (to
the
A. 1711. DEBATES. 343
the bed of his remembrance) that the troops fhould
advance to Ibme little town near the enemy, with
affurance given my Lord Rivers^ that, in fome few
days, he Ihould be fuftained with a confiderable
body of horfe, and fome foot : That in the parti-
cular he refers himfelf to Earl Rivers^ not having
fo perfedt remembrance of it, as the reft, but that
he perfedly remembers that he oppofed, with the
utmoft warmth, that any propofition fhould be made
to the Earl Rivers^ it being certain (however dan-
gerous and improper it was) that fhould fuch mea-
fures be purfued, that Earl, being wholly ignorant
of the fituation of affairs, would not objed againfl
marching towards the enemy.
He perfedly remembers, that, at thefe councils,
there was no account given, that could be depended
upon, of the enemy's forces, who, at that time,
were known to have a body of near ten thoufand
horfe, and might foon be drawn together from their
quarters •, he knew that thofe troops could do no
fervice, but mufl remain fatigued and expofed,
without the forces promifed in a few days to fupport
them, which he was certain could not join them in
a month, and thought himfelf obliged to give my
Lord Rivers and Brigadier Gorges this account, that
the Earl Rivers might take the utmoft cautions,
and be upon his guard.
That according to the account he gave, the Earl
Rivers^ s forces were fatigued and expofed, for near
a month, without any reinforcement from the Earl
of Galway^ and at laft, orders fent to make a retreat,
which could not be executed without great hazard
to the troops.
That upon the Earl Rivers's arrival at Valencia^
after fuch ufage to himfelf and her Majefty's
troops, the Earl of Peterborough met him juft going
to the King, and told him, why he was fo pofi-
tive in the information given him, that he fhould
not be joined by any troops in a month's time y
Z 4 which
44 Parliamentary A. 1711,
which was, becaufe he knew that the new Commif-
faries they had chofen for furnifhing bread and
other provifions for the troops, at a higher rate
than they were furnifhed before, were not engaged
by their contra6l to dehver the neceffaries for their
troops which were to join the Earl Rivers^ till a
month after the time they were promifed it ; and
the Earl of Peterborough then defired the Earl
Rivers to afk the King, whether this matter of fa5l
were not true ? Who, as he believes, might tell hini
the fame thing.
Fifth Q^UESTION.
T/f^H A jT the motives were of the King of Spain'j
leaving the army^ when it was refolved to.
inarch towards Madrid, and towards the enemy y
and whether there wer£ any orders pretended from.
England for thofe meafures ?
ANSWER.
TO the fifth queflion the Earl is pleafed toi
anfwer. That the King of Spain ^ when the
troops were marching into Murcia^ towards the
enemy, affembled a council to no other purpofe, but
to fend, by the hands of his Secretary of flate, a
protefl, with his reafons why he would not march
with the army, but go to protedl his fubjeds ir^
Catalonia •, the contents of which protefl, the Earl
very well remembers, having had a copy of it, by
the King's order. And that he has inftruments un-
der the King's hand and feal, to fhew how he was
over-ruled, and contradicted in the matters he
thought fit to propofe for the public fervice.
AFTER
A. I7II. DEBATES. 345
AFTER the reading the Earl of Peterborough's
recapitulation, the Earl of Abingdon, Chair-
man of the committee, afked my Lord Galwayy
Whether he had any thing to add to his paper ; to
which his Lordfliip anfwered, ' That his memory
* fuggefted to him nothing more at that time, but
* that, if the houfe were pleafed to allow him a
' copy of the Earl of Peterborough's paper, he
* he might make fome remarks upon it :' Which
was granted.
The Chairman of the Committee afked after-
v/ards the Lord Tyrawley^ Whether he was willing
to communicate to the Lords, what he knew con-
cerning the council of war held in Valencia, the i c,th
of January, 1707. N. S. To which he anfwered,
* That the reafon why he was fhy of fpeaking the
* Friday before, was, becaufe he thought himfelf
* accufed % and as his doubt Hill continued, and no
' body is obliged to accufe himfelf, he defired to
* know, whether he was accufed or no? And if
* he was, he defired a copy of -the accufation,
* that he might put in his anfwer.'
Hereupon the Duke of Argyle faid, ' That the
* Lord Tyrawley^s queflion was improper ; that he
* was there in order to be examined by the Lords,
* and that he ought to anfwer to fuch queflions,
' as fhould be put to him by the Chairman.* The
Lord 'Tyrawley infifting, that if he were accufed,
he ought to make his defence acccording to the
forms of courts of judicature ♦, the Lord Peterborough
faid, ' That he accufed no body •, that the Lord
^ tyrawley was a gallant man, but that as it com-
* monly happens, he might have been fwayed by
' the opinion of his fuperiorsj' whereupon the
Chairman told him, he was not accufed. Notwith-
flanding
34^ Parliamentary A. 1711,
{landing this, the Lord Hallifax faid, < That the
« Lord Tyrawley^s quellion was not altogether ill
* grounded. That any thing that tends to a cen-
* fiire, may be looked upon as an accufation ; and
* that the houfe of Peers being the fupream court of
* judicature, they ought to obferve the forms of ju-
* ftice, as well as inferior courts.' A debate being
like to enfue thereupon, the "Dukt oi Buckingham
moved, That the perfons at the bar might with-
draw : which they did ; and then his Grace com-
plained of the Earl of Abingdon*s faying to the Lord
*Tyrawley^ he was not accufed. The Lord Hallifax
faid, ' They were entered upon a large field, that
* this bufinefs had taken up much of their time
* three years before, to little purpofe ; that the
* council in Valencia was a point of no weight or
' confideratlon ; but that, if it was made to be the
* caufe of ill meafures, the Lord Tyrvwley was in-
* volved in the fame accufation with the Lord
* Galway,'* Hereupon the Earl of ^^/«^/^^»juftified
what he faid, viz. That the Lord Tyrawley was
not accufed : Urging, it was impofTible it Ihould,
becaufe the houfe of Peers only judges, but never
accufes : After which, the Duke of Argyle, in anfwer
to the Lord Hallifax^ fiid, ' That three years be-
' fore, they enquired how Spain had been got, but
' now they enquired how it came to be loft : and
* that they were only enquiring, and not accufing.*
"To this the Duke of Marlborough replied^ ' That he
* could not perceive the tendency of fuch an enqui-
* ry •, but if they defigned to cenfure perfons, who
* had adled to the beft of their underftandings, they
* would have no body to ferve them \ and that it
* appeared by General Stanhope* ?> letter to Mr. Se-
* cretary Hedges^ that the council held in Valencia
* was unanimous in four points, and did not debate
* the fifth, which they left to be determined by the
* fubfequent councils of war.' Hereupon the Earl
A.I7II. DEBATES. 347
of Peterborough defired, that Mr. Stanhope^s letter
might be read, which was done accordingly. It
bore date the fame day the council was held ; and
tht moll remarkable paflage in it, is, * That he,
* the Lord Galway^ and the Lord Tyrawley^ had
* given their opinions for an offenfive war, and that
* King Charleses Minifters and the Earl of Peterho-
* rough being of another opinion, he had protefted
* againft it, in her Majefty's name ; faying. That
* the Queen did not fpend fuch vaft fums, and fend
* fuch numbers of forces, to garrifon towns, but to
' make King Charles mailer of the Spanijh mo-
* narchy : But he apprehended he had committed a
* fault, in offering to proteft in her Majefty's name,
' againft the opinion of a perfon of fo fuperior a
* charadler as the Earl of Peterborough.'*
After the reading of this letter, the Lord North
and Grey faid, ' That the Lords Galway and 'Ty-
* rawley having been poflefled with an opinion that
* they were accufed, they ought to be \tt know
* they were not.' The Lord Cowper added, ' That
* they ought to declare clearly and plainly, whe-
* ther this was an accufation or no *, that the reputa-
^ tion of men of honour was their liberty and
* property *, that confequently, if this enquiry tended
* to cenfure the reputation of the Lords Galway and
< Tyrawley^ by what name foever it might be called,
* it was an accufation \ and they might afk to have
* it in writing, and ought to be allowed time to
* make good their anfwers ; adding, he did not
* fpeak fo much in favour of thofe two Gentlemen,
* as for the honour of that illuftrious aflembly.'
To this the Duke of Buckingham replied, ' That
* the Lord Tyrawley^s queftion was improper: That
' if all who are fummoned to the bar of the houfe,
* in order to be examined, ftiould afk the fameque-
^ ftion, they could never proceed in any enquiry,
f or come to the knowledge of any thing : That the
' Lord
34^ Parliamentary A. 1711;
«' Lord Tyrawley was as cautious and referved, as
* if he knew he was really accufed. That the Fri-
« day before, he remembered nothing ; and now he
« wanted to know, whether he was accufed or no ?
' That the Lord Galway had a6led fairly, like a
* man of honour : That the Lord Tyrawley ought to
* do the fame ; but if he refufed they could not
* force him to it : That the reading of letters was
* irregular, before they had examined him ; and
* that the chairman ought to alk him peremptorily,
* whether he would tell the Lords what he knew
* about the councils held at Valencia.'* Hereupon
the Duke of Marlborough moved. That the Lords
Galway and 'Tyrawley might be told, That they were
not accufed^ and that the council in Valencia was only
to give light into the fuhfequent operations of the cam-
paign. To which the Earl of Rochefter anfwered,
* That though it had been alledged, that reputation
* was as dear to them as liberty and property, yet
* the Lords ought not to tie their hands, by telling
^ them whether they are accufed or no : And there-
* fore moved, that the chairman fhould afk the
* Lord Tjr^'K;/^ to anfwer, if he pleafed.' The Lord
Peterborough faid^ ' No man can be accufed for
* giving his opinion in a council of war.'
After which, the Lord Galway and Tyrawley being
called in again, the Earl of Abingdon told the latter,
That the Lords dejired to be informed of what he knew
about the council of war held in Valencia. There-
upon the Lord Tyrawley faid, ' That being appre-
' henfive he might be accufed, he thought he ought
« to be upon his guard, but as he hoped that illu-
* ilrious aflembly would not take advantage of any
* thing he might fay, he would frankly acquaint
* them with all he knew about the council of war :
' That it is a hard matter to charge one's memory
* with things fo far diflant j but that he remcmber-
« ed, in general, that feveral fchemes were piopofed
^ for the operations of the enfuing campaign : That
* aa
A. 171 1.- DEBATE S. 349
an offenfive war was refolved upon by a majority
of voices : That befides the Lord Galway^ Mr.
Stanhope^ and himfelf, all the Portuguefe^ viz. the
Marquis das Minas^ Count d'Oropeza^ the Conde
de Corfana^ and the Portuguefe Ambaffador, were
of that opinion : That the operations of the cam-
paign were left to the determination of fubfequent
councils : That as to the battle of Almanza^ it was
unanimoufly refolved upon, not one General op-
pofmg it *, and that Monfieur Freijhman^ who
commanded the Dutch ^ and was very jealous of
any thing that regarded the fervice of his mafters,
did not fpeak one word againft it.'
The Earl of Nottingham having interrupted the
Lord ^yrawley^ telling him, He was not examined
about the battle of Almanza : The Duke of Bucking-
ham faid, No Lord ought to fpeak to the Lord Ty-
rawley, hut the chairman. And the Lord Hallifax
added, nat what he had faid was very proper^ the
battle of Almanza being a confequence of the council of
war held at Valencia. On the other hand the Earl
qS. Peterborough faying, That what the Lord Tyrawley
had faid was to no purpofe : The Duke of Marlbo-
rough replied, He had anfwered fully to the quefiion
that was put to him.
The Earl of Godolphin having defired that the
Lord 'Tyrawley might go on, he was called in again *,
and the chairman telling him he might proceed,
he anfwered, He had no more to fay. However the
Lord Cowper defiring he fhould be alked, whether
the march to Madrid was agreed in that council of
war ? And the Earl of Powlet^ whether in the fame
council, an offenfive war was refolved upon ? The
chairman put thofe two queftions to my Lord Ty-
rawley^ who anfwered as before, ' That it was re-
' fclved to march to Madrid^ but that the further
' operations of the campaign were referved to the
' determination of fubfequent councils, after they
' had beaten the enemy/ The Earl of Peterborough
defiring
350 Parliamentary A.iyit,
defiring to know by whom thofe refolutions were
taken, the Lord Tyrawley anfwered, ^ By the ma-
' jority of feveral councils of war, which were held
* twice a week •, and that, as far as he could remem-
' ber, the King did not declare his opinion.'
The Earl of Peterborough having afterwards defir-*
ed leave to afk the Earl of Galway aqueftion, about
his negotiations in Italy \ the Lord f owlet faid, No
queftions were now to he put^ hut in relation to the
council of war held in Valencia. The Earl of
Abingdon having told the Lords Galway and Ty-
rawley that they might withdraw, they withdrew
accordingly •, after which the Lord Cowper faid,
* That all he could colled from the Lord 'Tyraw-
* /f/s examination, was, That the fame perfons
* who were for an offenfive war, in the council held
* at Valencia^ were very unanimous in the fubfe-
* quent councils, and concurred in the execution of
* the operations agreed on.'
Several pa- After this the chairman ordered the clerk to read
pers read, feveral papers that lay upon the table, particularly
the following letter from Mr. Stanhope to Mr. Se-
cretary Hedges,
Valencia^ January 15th, N. S,
SIR,
SINCE my laft of the 25th o^ December, we
have received the ill news of the King of
* Portugal's death, and the lofs of Alcantara. The
* fame fhips brought us letters from my Lord
* Rivers and Sir Cloudjley Shovel, acquainting us,
* they had taken the refolution of bringing the
* land forces to this kingdom. Upon thefe advices,
* and the arrival of the Earl of Peterborough from
' Italy^ feveral conferences have been held on the
* operations of the next campaign. Inclofed I fend
' you the opinions given by my Lord Galway, Sir
* Charles Hara^ and my felf, in writing, as the
\ King
A. I7II. DEBATES. 351
* King had defired. What is mentioned therein oF
' taking Origuela and Murcia^ as foon as the forces
« fhall land, is agreed unanimoufly ; as likewife to
* follicit either fuccours, or a powerful diverfion
' from Italy ; and alfo to engage, if pofTible, a
* fquadron to ilay in thefe feas. I am forry it is
« doubtful whether this latter can be compafTed,
« Sir Cloudejly Shovel hTcvin^ writ word, that the
* fhips will return foon after the landing of the
* troops ; and if the fuccours the French give out
< they are to have, (of which my Lord Peterborough
< will inform you more particularly) are really
< really marching, a fquadron would be neceflTary to
< hinder them from hurting us in Catalonia ; which
< would otherwife require more troops for the de-
< fence of it than we can fpare, and leave ourfelves
< a fufEcierjt force to go to Madrid, The main
< part of our votes, which relates to the defign of
* the campaign, is not yet determined, there being
* many opinions that we fhould not think of Ma-
< dridy but adt c^efenfively, and in feveral bodies.
* I have in moft of my letters, fince I came hither,
* either to my Lord Treafurer, or you, exprefled
« my apprehenfion this would be aimed at •, and
* therefore hope we fhall foon be informed from you
' of her Majefty's pleafure in this particular. I
* have, perhaps, been guilty of a fault in fupport-
* ing my opinion, which is the fame with my
* Lord Galway's, too warmly at fome of thefe con-
* ferences, having faid, that her Majefty did not
^ fpend fuch vafl fums, and fend fuch numbers of
* forces to garrifon towns in Catalonia and Valencia ^
* but to makeKingCi'^r/c'j mafler of the Spanijh mo-
* narchy •, and if it was infilled upon, to divide the
* forces, and put our felves on the defenfive, I
* Ihould, in her Majefty* s name^ froteft againft fuch
* meafures. The fault 1 apprehend my felf to have
* committed, wasufing theexprefTion ofprotefting
' in
352 Parliamentary A. 1711.
< in her Majefty's name, in prefence of my Lord
"^ < Peterborough^ who has charadters from her Majefty
* fo much fuperior to mine, and from whom it was
« my fortune to differ in opinion, on this occafion.
< His Lordfhipwill have communicated to you, the
* projedls he has concerted with the Duke of Savoy
* and Prince Eugene^ for the execution of which a
* ftrong fquadron is neceffary. If the afliftance of
* our fleet can engage thofe Princes to march by
* land to Thoulon^ it may, on that condition, be
' worth our while to fpare fome foot from hence,
* for the execution of fuch a defign, as deftroying
* their naval flrength, though we fhould be reduced
' to a6t defenfively here ; for let us take never fo
* good refolutions, I cannot help repeating my
' apprehenfions to you, that we fhall do no great
* matters while we havey^ many Generals fo littls
' difpofed to agree. Experience has fo fully con-
' vinced me of my difability to procure that good
* underflanding amongft our felves, which is necef-
* fary for the Queen's fervice, that I do, with the
' greateft earneftnefs, renew my application to you,
* that I may be recalled from a flat ion, in which I
* am perfedly ufelefs to her Majefty, and am ruin-
* ing my felf, being forced to live at much greater
* expence than my allowance will bear : Your fa-
' vour in this matter will be moft thankfully ac-
* knowledged by him, who is with the greateft
* refped.
Tour moft humble^ and
moft obedient fervant^
James Stanhope.
Then the clerk read alfo a letter from Six Charles Ha-
ra^ (now Lord Tyrawley) to Mr, Secretary Hedges^ of
the fame date,w%. January 15, 1706-7. The title of a
letter from the Earl o^ Sunder land, toGtntxdlStanhope^
was alfo read s but his Lordlhip not being then
in
^, lyij. DEBATES. 353
h the houfe, the reading of that letter v/as poft-
3oned, and the opinion which Mr. Stanhope gave,
n French^ in the council of war held in Valencia for
m offenfive v/ar.
Next to this the clerk read the opinion which the
larl of Peterborough delivered in writing at the faid
:ouncil, being as follows.
' An offenfive war is of fhew, and reputation to
the Generals and troops, but the defenfive is often
of mod utility to the publick. .
' Our circumflances require vigorous efforts in
Italy or Spain. In i\\it lail, the defenfive fecures us
the crown oi Arragon^ but the troops in Italy can
only give the mortal blow, that is, enter France.
Neither can it be doubted, if the French defift
from their hopes in Italy., but that the great force
in that country will be ufefuily employed by the
Duke of Savoy and Prince Eugene.
' No pofitive opinions can be given, without
knowincr the condition of the fleet. Without the
o
affi Ranee of the fca, the bed difpofitions in Italy
are ufelefs. If that v/ere wanting, all muft bs
hazarded in Spain., the war there being of an in-
conceivable expence to the allies, but the diffi-
culties of fubfifting armies in Caftile are fufficiently
apparent, by the laft campaign : And the dan-
gers are evident of putting the whole upon the
nfque of paffing to Madrid, before an army fo fu-
perior in cavalry.
' The Tagtis muft like wife be paffed before the
enemy, (if marching by Murcia) without pon-
toons, or the neceffary preparations for fuch an
attempt. The precipices of that river are natural
■ fortifications : If there are plains near Aranjues, it
' is almoft equally impoffible to pafs them before
' an army in battalia, vv^ithout a great fuperiority in
' artillery ; and nothing is more eafy to a body of
Vol. V, A a ' horfe
354 Parliamentary A. 1711.
' horfe fo numerous, than to cut off the neceflary
'■ provifions, in a country where they are fo fcarce.
' If the troops advance into Cajlile^ towards
* Madrid^ without taking the neceffary precautions
* for the defence of Catalonia^ either Madrid muft
' fall into our power, or all is loft. It is to be
* doubted whether the pofftfTion o^ Madrid (without
' the defeat of the enemy's army) be decifive •, bui
« thtlois of Calalonia is certain, if the places there
* are not better fortified and provided, and if forces
* are not fent into that province, or thofe parts oi
* Arragon^ near that frontier ; which may ferve at
' the fame time for the defence of the fortified places
* of Catalonia^ and towards preventing the fuccoun
' from the fide of Navarre.
' If we hope for a maritime force betimes in thefe
* fea^*, which may be fuperior to the enemy, there
' does not appear the leaft neceflity for ralh mea-
* fures •, and die leaft difgrace, or great fatigues
' alone, may give our troops that inclination tode-
* fert, which the enemy will not fail to improve,
* when in a proper fituation.
' Above all things the defence of Catalonia^ and
' what we have is necefiary. Our intelligences
' aiTure us, that great numbers of troops affemble ir
' Roujfillon^ and that great magazines are forming
* there for foot and horfe, and all warlike necef-
* faries. But to conclude, what better opinions car
* be offered than thofe of the Duke of Savoy and
^ Prince Eugene ? Who have doubtlefs communica-
* ted them to the Emperor, the Queen, and his
* Catholick Majefty, where that Duke has Mi-
' nifters.'
The Earl of Peterborough having defired, that
fome of his own letters might alfo be read, the
clerk begun with one from his Lordihip to the
Duke of Marlborough^ (whom the Earl faid, he
knew
^. i7ir. DEBATE S. 355
:new was not prejudiced again ft him) wherein,
mongft other particulars, his Lordfhip faid, He
'ad overcome all his enemies^ hut lies^ and thefe he had
apcrs enough with him to defeat. Another from the
Larl of Peterborough to the Lord Treafurer, (or Earl
^i Go dolphin) was read hkewife, containing ajuftifi-
ation of his Lordfhip's condudt •, expofing the rafh
nd abfurd meafures that had been purfued ; and
cquaintingthe Treafurer, that his' (the Earl o^ Peter-
orougPs) proje6ls were approved by the Duke of
'avo)\ Prince Eugene^ and Monfieur de Belcaftely
hough a friend to the Lord Galway \ adding, That
/hi lit he had the honour to command in Spain ,
wt one party of twenty men were beaten^ nor a vejjel
y?. After this, the clerk read the Earl of Sunder-
md's letter to Mr. Stanhope, of the 14th of Fe-
ruary^ 1706-7 \ as alfo an extradl of King Charles's
rdersto my Lord Peterborough, about an attempt
pon the iflands of Majorca and Minorca. Upon
^hich the Earl of P owlet faid, That the Earl of
Peterborough had given a fair and juft account.
To corroborate vv'hat the Earl of Pete^'borough had
lid, Dr. Friend was called in : Whereupon the Duke
f DevonfJjire moved, That he might be fworn.
"his occafioned a debate that lafted near an hour,
fter which it was agreed that he fhould be fworn •,
^hich being done accordingly, he vouched for the
uthenticknefs of the papers inferted in his account of
be Earl of Peterborough's condu6l in Spain •, the
opies whereof, he faid, he had received, either
:om the Earl of Peterborough., or frdm his Lord-
lip's Secretary. Then the Earl o^ Abingdon read
be qiieflion that had been given in by the Earl of
^errers, viz. Refolved, That the Earl of Peter-
•orough has given a very faithful, juft, and honourable
ccount of the councils of war in Valencia.
This queftion occafioned a debate that lafted
bove an hour^ in which the moft remarkable paf-
A a 2 fags
Sarutn'%
exceptions
3^6 Parliamentary A. 17 i i.
Bifhop^of fage was this : The Billiop of Sarum having except-
ed againflthe word jufi, becaufe the Earl of Galway
had declared he had fome remarks to make on the
Earl of Peierhor oughts recapitulation, but that he rea-
dily agreed to the word honouraMe. The Duke oi
Argyle took him up, faying, He knew no difference
between thofe two exprejfwns \for all that is honourable
mufi he]\A.^ and all that /jjuft/j honourable. Ai
lad, the queftion being put about nine o'clock ai
night, the Lords divided, and tellers being appoint-
ed, 59 were for the affirmative, and 45 only foi
the negative ; and the hoafe being refumed, the
refolution of the Committee was reported, anc
agreed to.
It was afterwards moved to adjourn to the Hhurf-
day following •, but before itpaflfed into a refolution
the Earl of Powlet gave in the following queftior
to be debated in the next Committee of the whole
houfe ; ' That the Earl of Galway^ Lord Tyrawley,
* and General Stanhope^ infifting at a conference
« held at Valencia^ fome time in January^ 1706-7,
* in the prefence of the King of Spain, and th(
* Queen's name being ufed in maintenance of theii
* opinion for an offenfive war, contrary to the King
* of Spain^s opinion, and that of all the Genera
' Officers and publick Miniflers, except the Mar-
^ quis das Minas ; and the opinion of the Earl o:
* Galway^ Lord l^yrawley^ and General Stanhope be-
* ing purfued in the operations of the following
* campaign, was the unhappy occafion of the battl<
* of Almanza^ and one caufe of our misfortunes ir
* Spain^ and of the difappointment of the Duke o
« Savoy^s expedition before Thoulon^ concerted witl
« her Majefty.'
The Earl of Powlet defiring that this queftior
Ihould be entered in the book, the fame was oppo-
fed by the Earl of Wharton and the Lord HalUfax •
but it was after a fmall debate, agreed, that the
fam^
^. 1711. DEBATES. 357
ime fhould be entered : After which the houfe ad-
xirned to the "thiirfday following.
Accordingly, on the 1 ith o{ January^ the Peers Sewndde-
eing fet, three letters from the Earl o^ Sunderland affrirTof^^
rere delivered in, viz, one to General Stanhope^ of ^f'"'"* 7^-
le 23d of December^ 1706 ; another to the Earl """"^ "'
f Galway^ of the fame date ; and the third to the
lid Earl, of the 27th of the fame month. Tl^e
rder of the day being read, an officer was fent to
now whether the Earl of Galway attended, and
le houfe being informed he did not, the Earl of
^ owlet made a long fpeech, wherein he reprefented.
That the nation having, for many years, been
engaged in an expenfive war, it was necefTary to
give the people the fatisfadion to let them know
how their money had been fpent, and who defer-
ved thanks, and who to be blamed ; that it ap-
peared, the fervice of Spain had been very much
negle6led ♦, that many Officers upon that eflablifh-
ment looked on their employments as fine ciires^
being favourites of the party ; and that the council
held in Valencia^ being the fpring of all our mif-
fortunes, the Lords ought to cenfure thofe that
influenced it •, concluding, that the motion he
made on the 'Tiiefday before might be read.'
[ereupon the Duke of Bedford delivered in a peti-
3n of the Earl of Galway, which was read, im-
)rting, that, being informed, that matters which
;ry much concerned him, were inferted in the
urnals of the houfe, he prayed their Lordfhips to
ve him time to put in his anfwer, before they
,me to a determination. The Marquis of Dor-
efter delivered alfo a petition of the Lord Tyrawley^
' the fame effe6t ; which being read iikewife, the
arl of Orford moved for adjourning, and appoint-
g a day to confider of diefe petitions : To which
e Lord Nor lb and Grey faid, ' The Lords Gal-
way and Tyrawley ought to have put in their an-
fwers to the Earl oi Peterborough'^ paper, inftead of
A a 3 ' pre-
3^8 Parliamentary A. 1711.
* prefenting petitions for time, which looked like a
* delay.' The Duke of Buckingham /aid on the fame
fide^ ' That it mud be a miftake •, that the peti-
* tioners might think themfelves accufed, which
^ could not be •, for the Peers never accufe, but
* only give orders to the Attorney- General to profe-
* cute : That although every body may have accefs
' to their journals, becaufe they are a court of re-
"cord, yet no inqueft can take notice of any thing
* that pafTes, or is depending in the houfe •, that, at
* this rate, any body might put a flop to their pro-
* ceedings \ that he did not, however, blame men
* that were under the apprehenfions of being accufed,
* for prefenting fuch petitions •, but that they ought
* to take no notice of them, and proceed according
' to the order of the day, to the confideration of
^ the flate of the nation, in relation to the affairs of
' Spain.^ To this the Duke ^/ Devon fh ire anfwer-
ed, ' That as a cenfure might enfue upon the motion
' made the Tuefday before, the Lords Galway and
* Tyraivley had reafon to petition for time to make
' their defence.' But the Earl of Rochefter repli-
ed, * That he never heard of a petition of that na-
* ture: That the petitioners defired, ineffed, to be
* heard upon the debate of the Lords, which was
' improper : That no body yet knew, or could tell,
* what the queflion was ; but that after it was known,
* it might then be proper for them to put in their
* petitions ; concluding, they ought not now tq be
* received.' Hereupon^ the Lord Somtrsfaid, 'That
^ the petitions were neither improper, nor given in
* at any improper time ; that it would be too late
* for the petitioners to apply to the Lords-, after
•^ they were come to a refolution ; that he hoped it
* would never be found in the books of that houfe,
^ that when the Lords were going to proceed to a
^ cenfure, they refufed to hear thofe that were to be
* affected by it •, that the Lords Galway and Tyraw-
f ley had a right to be heard^ and clear the matters
A. 171 T. DEBATES. 359
* of fa6t as fubjeds of Great-Britain -, that the Lords
' ought befides to be cautious, how they proceeded
* in enquiries of things done before the a(5l of
' obhvion and indemnity ; concluding, it was but
* a natural juftice, that men in danger of being cen-
* fured, fhould have time to juftify themfelves.' To
this the Duke of Argyle anfwered, ' That he did not
* know what fervice it would do the petitioning
* Lords to have time, and to tell the houfe that
* they differed from the houfe-, that it had already
* been put to them, whether they had any thing
' to fay to that point, and that two days had been
* allowed them to anfwer the Earl of Peterborough's,
* recapitulation ; that, as to the acl of indemnity,
* his Grace did not care how little ufe was made of
^ it •, that the faid indemnity hinders not enquiries ;
' that the people of Great-Britain ought to know to
' whom their misfortunes are owing : But that, how-
* ever, he defired no body fhould be punifhed.'
Hereupon the Lord Cowper faid, ' That the de-
' bate about the affairs of Spain was adjourned to
' that day •, and therefore it was improper to take
' notice of the Earl of P owlet's motion in the houfe,
' but that it might be confidered in the Committee ;
' that as to the two petitioners, it was reafonable
' and proper to grant them time to put in their
* anfwers, becaufe the queftion tended to cenfure
* them ; which they did not know before, when
' they were only examined : And that in things
' effential to juftice, the ordinary forms of courts of
' judicature ought to be obferved.' 'To this the Earl
of Nottingham anfwered^ * That they could never
' be too tender of the reputation of men of honour ^
* but that, in his opinion, the petitions ought not
' to be granted •, becaufe this was no proper time to
* deliver them, and becaufe the petitions themfelves
' were improper ; that the ad of indemnity ought
* to be facred, but not preffed too far ; that the
' petitioners had already been heard, and allowed
A a 4 ' time
|6o Parliamentary A. 1711,
^ time to add any thing to their former declarations •,
* that now the Lords were not enquiring into fadls,
* but forming their judgments upon them •, and, that
* the admitting the Lords Galway and 'Tyrazvley to
*• take notice of what pafTed in the houfe, would be
' admitting them to a co-ordination with the Lords.^
'The Earl ^/Wharton replied^ ' That a cenfure is a
' punifhment •, that to punifh men without giving
' them an opportunity to make their defence, is
^ equal to a banifhment -, that he hoped the fubjeds
* of England were not yet reduced to that •, that this
f was the only time the petitioners could have to
* make this application to the houfe •, that the leaft
* thing the Lords could do, v/as to hear them be-
' fore condemnation , finceany other criminals might
' claim that privilege : concluding^ he did not fpeak
* for the fake of thofe two Lords, but for the ho-
* nour and reputation of the houfe.* The Earl of
Nottingham anfwcred^ ' He did not fay they
* could never be heard, for they might be heard if
* the houfe fliould order a profecution, but only,
* that they could not be heard on this occafion.
* That they might be as innocent as any of the
' Lords, becaufe they might have given their opi-
"- nions according to thebeft of their underftandings,
'^ or might have been over-ruled : Which might be
* afterwards enquired into.' The Duke ^/Bucking-
* ham, who fpoke on the fame Jtde^ faid^ ' That he
* had a great refpe(^l; for thofe two noble Lords
* who petitioned ; and was as tender of the honour
* and reputation of the houfe as any member : That
? therefore he was afraid of making precedents, and
* altering parliamentary rules. That, according to
* the forms of inferior courts, no man has a right
^ to be heard, or to flop proceedings on account of
* his reputation, as on account of his property ; that
* he vv-as apt to believe, that fome perfons, who did
^ not like this enquiry, had put thofe two Lords
I upon petitioning, to gain time , but though he
' ' would
A. I7II. DEBATES. 3^1
' would not have the petitions granted, yet he would
* move, that they might be called in and heard.'
Hereupon the Earl of ¥ov/ktfaid, ' That they had
' already been heard, and had declared they had
« no more to fay : So that the defign of thefe pe-
' titions was only to delay.' But tbeDukeofShrewf-
bury /aid, ' That if they were ready to be heard,
' he confented they fliould, provided they delivered
' nothing in writing, which might occafion delays.'
^be Earl <?/Godolphin, in anfwer to what had been
urged by the Earl of Powlet, faid^ ' It was true, they
' had been heard before ; but that there was new
' matter, and an imputation, wherefore it would be
* hard upon them not to be heard.' To this the Earl
of Ferrers anfwered, ' That the queftion contained
^ only a propofition to cenfure a council ; that their
* Lordfhips were yet come to no refolution upon
' it ; and as a petition to a debate of the houfe was
* never offered before, he thought it unreafonable
' to grant thefe. That as they mufl not judge by
* fuccefs, fo the declaring, that the Lords Galway
*- and Tyrawley had given an ill council, was no
^ cenfure.' On the other hand^ the Lord Hallifax
faid, ' That out of an affe(5lation of avoiding delays,
' and of not going faft enough, they went fo fail,
' that they muft come back. That the petitioners
* had, indeed, been examined, but were not heard
* to the queftion propofed by the Earl of Peter-
^ borough : and that the Lord iyrawley was even in-
' terrupted when he began to fpeak of the battle of
' Almanza. Pray, my Lords, added he^ proceed
^ accoiWing to the rules of juftice. When Sir George
* Rook was called in queftion, he was heard for
* three days together. What, will you not hear
* thefe two Lords before you pafs a refolution that
* touches their reputation ? For my part, when I
* hear thefe arguments, I could ftop my hearing. '
The Earl of Fo'wkt faying thereupon, * That if they
' were
j62 Parliamentary A.1711,
* were ready to be heard, he readiiy agreed they
* fhould.' Tke Lord Hailifax infifted^ ' That their
* demand ought to be granted \ ' urging k/Ides,
^ That the very paper upon which the whole de-
^ bate turned, was not yet read.' To ibis the Earl of
Marr anfwered, ' He did not wonder fome perfons
' endeavoured to fhuffle and prolong the debate ;
* but if they granted thefe petitions, they might
' afterwards be defired to poftpone this enquiry,
' till Mr. Stanhope could be heard.' The Duke of
Argyle added, '- That he had himfelf afked the
' petitioners, whether it had been refolved to a6t
* offenfively, to which they had given their anfwers
* in the affirmative; which was the material point
^ in queftion.' The Duke of Devonfhire injtfted^
^ That as the refult of thefe debates might be put
* in a reprefentation to the Queen, the petitioners
^ ought to have an opportunity to be heard.' To
which the Duke of Buckingham a?tfwered^ ' That if
' they debated that matter any longer, 'twould be
* the fame as if they granted their petitions.' Ne-
'verthelefs^ the Lord Guernfey, fpeaking on the fa?ne,
faid^ ' That if the queilion for rejedling the petition,
' was put and carried, they might then be heard to
*^ matter of faft -, but as to matter of opinion, they
* could not be heard ; and fo concluded, that the
^ queflion, to reje6l the petition, be put in the
' houfe, and the Lord Powlel^s question afterwards
* debated in the Committee.' The Earl of Scar-
borough faid, ' That if the petitioners were to be
^ heard again, he wiflicd they might be upon oath.'
And the Earl of P owlet added, ' He hope^ they
' fhould hear no more of the a61: of indemnity in
' this debate.' The Duke of Leeds faid, ' He
' thought the petitions irregular ; however, he mo-
' ved, that they might be laid on the table, and
* taken no notice of.' Which motion was backed
by the Lord North and Grey. But the Duke of
Buckingham infifted, ' That the petitions being irre-
! gular^
A. 1711. DEBATES.
* gular, the queftion for reje6ling them ought to be
^ put •, and if carried, fuch Lords as pleafed might
* enter their protefts : ' Upon which the Duke of
Leeds faid, ' He fliould be forry to fee proteftations
' made on that occafion.' The Lord Keeper having,
at laft, put the queftion. Whether the petitions fljoidd
he 7'ejeolid^ it was carried in the affirmative, by a
majority of 57 voices, againft 46 that were for
the negative. Hereupon the Earl of Abingdon faid,
' He fuppofed any body that prefented petitions,
' attended to know wiiether they were granted or
* rejedled : ' And the Duke o{ S>hrewshnry moving,
' That they fhould be called in -, ' the Duke o^ Ar-
gyle faid, ' He took it for granted, that the peti-
' tioners were out of the way, and not to be found -,
' and therefore moved, that the Committee might
' proceed.' An Officer having informed the Lords,
that the petitioners were not at the door-, the Earl
of Powlet faid, * All this looked like a delay/
And the Earl of Ferrers moving, that a meflfage
might be fent to them, the Duke of Buckingham
moved, for adjourning the houfe during pleafure, in
order to confider the Earl of Powlet's queftion in a
Committee of the whole houfe, into which the Lords
went immediately, and of which the Earl of Abing-
don was chofen Chairman.
The Earl of Peterborough opened the debate with
faying, ' That having the Queen's orders to be
' gone, he hoped the Lords would give him an op-
* portunity to clear fome heads that had been laid
' againft him by the Secretary of ftate.' But
the Duke of Buckingham faid, the queftion ought to
be read in the firft place : Whereupon the Earl of
Abingdon read the Earl of Powlefs motion before
mentioned. Then the Earl of Peterborough acquaint-
ed the Lords, ' That his going out of Spain for
' Italjy was in order to concert meafures for the
' fiege of Thoulon^ according to his Inftru6lions :
^ Being empowered to treat and negotiate with the
^ Duke
364 Parliamentary A. 1711.
' Duke of Savoy particularly about that fiege : Of
' which he had given an account in writing. That
* he had feveral conferences with the Duke of Sa-
* voy and Prince Eugene^ in his Royal Highnefs's
' clofet, the refuk of which he fent to the court of
* England^ and to the King of Spain. That he had
* afterwards feveral conferences with my Lord GaU
' way and Mr. Stanhope^ to concert further meafures
* for the carrying on the projeds made in Italy :
* But tho' he had a6led according to his inftrudi-
^ ons, he was, in a letter from the Earl o^ Sunderland^
* dated the 28th o^ September^ 1706..O. S. recalled,
^ for negotiating matters of fo high a nature, with-
* out the Queen's authority, which might be prejudi-
' ciai to her Majefty's fervice.' — Hereupon the Earl
of Rochefter faid, ' That the Earl of Peterborough
* ought to apply himfelf to the matter in queflion^*
and moved that the lliid queftion might be read
again; which the Chairman did; after which the
Earl of Peterborough faid, ' He apprehended their
' Lordfliips would enquire into the difappoint-
^ * ment before Thoulon, in order to which he thought
* it very proper to acquaint them, that five thou-
* fand men, which he demanded for the redudion
' of that place, were denied him, to be employed
•' about imaginary conqueds. And, that he recei-
* ved the thanks of King Charles., for the projedts
' he had concerted in Italy ; but a publick Minifter
' defired he might not be trufted.* The Duke of
Argyle defiring that the Earl of Peterborough's pa-
pers might be read ; that in particular, which fhew=
ed, that the Duke of Savoy infilled, that there
might be a defenfive campaign in Spain. While
the Earl of Peterborough was looking for that para-
graph, in his own French letter to Sir Charles Hedges^
dated September the loth, 1706, the Earl of Godol-
phin moved, ' That the whole letter might be read :'
"Whereupon the letter was delivered to the Clerk,
but the Earl ^^Peterborough taking it from him^ read
it
A. ijir. DEBATES.
it himfelf, and the moil remarkable exprefiions in
it relating to the queflion, were thefe: La prife ds
Toulon me paroit pra^i cable On demands 5000
hommes des troupes d^ Efpagne : That is, the taking
Thoulon appears pra5licahle to me : 5000 men of the
troops in Spain are demanded for that purpofe. The
Earl of Godolphin infifted, ' That if any ftrefs was
' to be laid upon this letter, the fame might be
* tranflated and read by the Clerk.' Notwithfland-
ing which, the Earl of Peterborough continued read-
ing -, after which the Lord Cowper backed the Earl
of Godolphin^ motion, faying * He could not un-
* derHand the letter as the Earl o^ Peterborough read
* it : And how could their Lordfliips proceed to
* a cenfure, without having a material paper in the
* language of the country ? ' To this the Earl of
Peterborough faid, ' That it being thought fit not to
' entruil any Secretary with his projed, he wrote that
^ letter himfelf to Mr. Secretary Hedges ; and that he
* could not write it in any other language, to be un-
* derftood by the Duke of Savoys and Prince Eugene ^
* who kept both a copy of it, as well as him-
' felf : But if their Lordfhips defired to have ic
* tranflated, he moved they might adjourn, for
* he was no Secretary to tranflate it himfelf.' The
Earl of Abingdon owned, the letter was not read re-
gularly : But the Earl of Po'wlet waving that mat-
ter, faid, ' The French could not have relieved
* 'Thoulon^ if the war in iSp^/;/, had been defenfive.'
And the Duke of Argyle added, ' That the ftrefs
* of the queflion was, whether the Duke of Sai:oy
* infifted upon a defenfive war in Spaing
The Ezrl of Peterborough cLVGwing^ that he infift-
ed fo firmly upon it, that he defired to have 5000
men out of Spain : the Duke of Marlborough ac-
quainted the Lords, ' That the projedl of an at-
' tempt upon Thoulon was firft propofed to the
* Duke of Savoy^ by Mr. /////, in the year 1 703 >
* and afterwards negotiated there by his Grace
* himfelf
366 Parliamentary A.1711.
* himfelf with his Royal Highnefs's Miniflers,
< Count Brianfcn^ and Count Maffey •, that 50000/.
< were, at firft, offered to the Duke o^ Savo)\ for
< that purpofe ; but it was, at lafl, agreed, that he
' fhould have 1 00000/. That the year before the
* execution of this defign, the Duke of Savoy ear-
« neilly defired, that it might be kept very fecret -,
* fo that it was very improbable he fhould fpeak of
« it to any body, and defire 5000 men out of Spain
« for that purpofe :' Concluding, ' That the at-
* tempt upon notdon did not mifcarry for want of
* men, fince there were near 1 7000 left behind in
' Italy •, but for want of time, and other accidents.*
Notwithftanding this, the Earl of Peterborough af-
firmed, ' That according to his inflrudlions, he had
' concerted with the Duke of Savoy the attempt
' upon Thoulon^ Whereupon the Earl of Pozvlet
faid, ' That, in fuch a cafe, 5000 men out o^ Spain
' might have made a ikong diverfion, and contri-
* buted to the redudion of that place.' After this
the Clerk read a letter from the Lord Godolphin to
the Lord Peterborough^ dated February the 7th,
1705-6 importing, in fubitance, ' That care had
' been taken of all his Bills, that they were all fatis-
fied, [tipon which the Earl of Peterborough cried ^
protefled] ' that the war in Catalonia ought to be of-
* fenfive, and this was the particular defire of Prince
' Eugene^ which ought to be complied with.'
The Earl of P^/^r^^r^^^^ having often mentioned
his inflru6tions for treating about the fiege of 'Thou-
lon^ the Lord North and Grey moved, that thofe in-
ltru6lions might be produced. But the Earl of
Rochefter alledging, this could not be done, without
the Queen's leave •, the Lord North and Grey re-
plied, 'they might prefent an add refs to the Queen
* for that purpofe.' This being waved by the Duke
of Buckingham^ the Lord North and Grey acquiefced :
Tho' 'tis remarkable, that the Earl of Peterborough
faid, < That Mr, Secretary Edges might be ordered
to
A. 171 1. DEBATE S. 367
' to attend, and be examined about that matter:'
And thereupon the Lord Hallifax defired, that the
Lord Peterborough's letter to Mr. Secretary Hedges
might be Ml upon the table : Adding, ' That
' fince the Duke of Savoy was for an offenfive
' war in 1706, he wondered how it could be a
' crime in 1707.' To this the R^rl of Noll Tngba??t
anfwered, ' That the Earl of P^/^r^^r^^^^'s letter
* ought not to left on the table, unlefs he pleafed.
* That no inference could be more unnatural,
' than to fay, that becaufe the Duke of Savoy
' was for an offenfive war in 1 706, he mufb be
' of the fame opinion in 1707. That what the
' Duke of Marlborough had faid about theover-
' ture made to the Duke of Savoy ^ for an attempt
' upon Thoulon in 1703, was very true, he (the
' faid Earl of Nottingham) having writ himfelf to
* Mr. Hill about it ; that it appeared by General
' Stanhope's letter, that he was for an offenfive war
* unlefs fome attempt upon France made it necefTary
* to be on the defenfive : Which implied, that he
' knew the Defign upon Toulon •, and that the
' Duke of Savoy wanted troops, appeared from
' his waiting for the German recruits.' The Lord
Cowper infifting on the neceflity of having the Earl
of Peterborough' sor\gm2i linftrudtions : The Chairman
put him in mind of what already had been fuggefted,
' That there might be fome fecrets in them, not
* proper to be made publick:' To which the Lord
Cowper replied, ' That the arguing upon a proba-
* bility, when there might be a certainty, Ihewed
* the necefTity of calling, at leaft for fuch part of
' the faid inftru6lions as related to this matter j'
urging, ' That Thoulon might be mentioned in
' them -, but that it was material to know in what
' manner it was mentioned.' In anfwer to this, the
Duke of Argyle faid, ' That even fuppoling no
* mention was made of 'Thoulon in the Earl of Pe-
' ler borough's inflrudlions, yet it appeared very plain-
368 " TARLI AME N T AR Y A.I711,
* ly, that he had concerted that projecft, from his
* letter to Mr. Secretary Hedges, from Mr. Stan-
*• hope^s letter, and from the Earl of Galway^^ con-
* feflion.' The Earl o^ Scarf dale complaining of de-
lays, and of fome Lords infilling on the fame thing ;
the Lord Hallifax anfwered, ' He defigned to make
* all delay neceflary to get a right information :'
Urging^ ' That the Earl of 'Peterborough had de-
* fired that Secretary Hedges be called and exa=
* mined.' The Earl of Peterborough explained what
he had faid about Sir Charles Hedges^ averring, he
only mentioned him about the letter his Lordfhip
wrote to him in French. But neverthelefs, the Lord
H alii fax infifted on the necejfity of having the Earl's
inflru^ions laid before them : Alledging, ' That
* fince new papers were daily produced towards
* this enquiry, why not thefe inftru6lions, which
* were as material as any of the reft ?' The Earl of
Rochejier waved this objedion, faying, ' There
' was no neceflity to have thofe inftruclions, fmce
* they would be of no ufe, for it appeared already
* very plainly that the defign upon T^houlon was
* known.' The Duke of Buckingham^ the Earl of
Nottingham^ and the Earl of Hay fpoke on the fame
lide ; and at laft, between eight and nine in the
evening, the Earl of Powlet^s main queftion, about
the Earl of Galway^ Lord Tyrawley^ and Mr
Stanhope being put, it was carried in the affimative,
by a majority of 64 voices againft 43 •, after which
the Lords adjourned to the next day.
morabiede- On Friday^ the i^thoi January^ the Lords be-*
1^1^^^ jL ^"S ^^^ ^ li^ of t^G Generals and Officers on the
12th? ''"' eftablilhment of Spain^ which, by their Lordfhips
offiferfin^^ ordcr, had been laid before them, was found fault
Spain or^tr- wlth, bccaufc thc Lieutenants and Enfignswere not
before^the'^ mentioned in it, and another lift was ordered to be
J-crd?» laid before the houfe, Then feveral papers were
read^
A. 171 1. DEBATES. 369
read, particularly the following letter from the Earl
of Sunderland to my Lord Galway,
My Lord,
< 'TT^ HIS is to acknowledge the receipt of
* X yo^^ Lordfhip's letter by Mr. Stanhope
* from Valencia, of OEloher the 29th5 N. S. toge-
* ther with a copy of your letter to the lord Rivers^
* of the fame date. And to acquaint you, that her
* Majefty does approve of the refolution of my Lord
* Rivers landing his forces in Valencia, and that fhe
* had fent him directions to go forthwith, in com-
* pliance with the defires of the King of Spain, and
' your Lordfhip, notwithftanding any orders he
* may receive from thence to the contrary (fuch
* having been fome time). I am Commanded alfo,
* by her Majefty, to acquaint your Lordfhip, how
' concerned fhe is at the uneafinefs you are under
* in the fervice, which makes you defire fo much to
' retire -, which requeft her Majefty would not
* deny, but that fhe is of opinion, that befides what
* relates to the command of her own troops, and
* any influence that is neceffary to be had upon the
' King of Spain, there is no body but your Lord- '
' fhip that can pofTibly, in any fort, manage the
' Portuguefe ; fo that, if you fhall retire, that alii-
* ance will be quite ufelefs, and confequendy the
* whole affairs of Spain irretrievable. I am confi-
* dent, when you refledb upon this, you have her
' Majefty 's fervice, and the common caufe fo much
' at heart, that you will have patience, at leaft one
* campaign more; and your Lordftiip may depend
' upon it, that there is nothing in the Queen's power
' to do, to make you as eafy as pofTible, and to re-
* move the difficulties you have hithero ftruggled
' with, that will not be done. You v/ill fee by her
* Majefty's letter to the King of Spain^ how miUch
* fhe takes this to hearty and how ftrongly fhe in-
VoL, V. B b * nils
jyo Parliamentary A. 1711.
' fills upon his having an entire confidence in your
< councils and advice.
* I will not fay any more upon this fubjeft :
< You will have it fo much more fi:rongly repre-
* fented to you by my Lord Treafurer in his let-
* ter, and by Monfieur de Montandre^ when you
« fee him. I muft alfo acquaint you, that the Queen
* has ordered my I^ord Peterborough's commifTion
« of Ambaffador to be recalled, which, I hope, will
' contribute to make all that matter more eafy.
« Since her Majefty is willing to confent that the
* troops with the Lord Rivers fhould join the King
' of Spain and the troops in Valencia^ it is ex-
' pedled they fhould be kept altogether in one
* corps, and under one General, that they may
* march flrait to Madrid^ without dividing them-
« felves, or amufing themfelves in taking incon-
* fiderable places, and fuch little projeds ; the do-.
* ing of which before, was one great reafon that
*• this lail campaign, you was not joined by any
' body of troops fufficient to keep you in pofTefiion
' o'^ Madrid. This makes it yet more neceflary for
' your Lord (hip to ftay : I am fure no body but
' your felf will have influence, or credit enough, to
* keep them together •, and to enable you the better
« to do this, the mofl effedlual meafures will be
* taken to perfuade the Portuguefe to make the di-
« verfion they have promifed by the way of Toledo ;
< and in order to it, they will be affured, that the
* troops from Ireland that were to follow the Lord
' Rivers^ fhall be fent as foon as pofTible to join
' them, and enter Spain that way. I muft alfo ac-
« quaint you, that fuch meafures are now taking
« with the Duke o^ Savoys for the next year's cam-
* paign, as will effedlually prevent the French fend-
* ing any confiderable force more into Spain. I fend
* you here enclofed a copy of Monfieur Cavalier's
* letter to the Queen ; if you think what he pro-
« pofes practicable, and that the circumftances of
* affairs
A. I7II. DEBATES. 371
« affairs do allow it, her Majefr/ thinks it would
< be of great advantage to the common caufe ♦, but
* that muft be left to your judgment. I gave you
* an account in my laft, that all the cloathing was
* gone from hence, except, that of eight battalions.
* As for the fix regiments, whofe Officers are to
< be fent home to raife their men, ic is her Maje-
* fly's pleafure, that the cloathing of the faid regi-
« ments be fent back, and that yourLordfhip would
' order an account of the off-reckonings to be fent
' hither. I am, with great truth,
My LORDy
Tour Lordjhip's moft humble
And moft obedient Servant ^
SUNDERLAND.
The Clerk having done reading, the Earl of
Scarfdale propofed the following queftion : ' That
« it appears by the Earl o'i Sunderland^ s letter to Mr.
' Stanhope^ that the defign of an offenfive war in
* Spain ^ was approved and directed by the Cabi-
' net Council, notwithilanding the opinion of Gene-
' ral Stanhope^ in cafe of an attempt upon France^
' which they knew was then concerted with the
* Duke of Savoy \ which contributed to our mif-
*■ fortunes in Spain, and to the difappointment be-*
' fore Thculon.^
After a fmall debate, it was refolved to prefent
an humble addrefs to the Queen, ' That fhe would
' be pleafed to give leave to any Lord, or other,
' of her Cabinet Council, to communicate to the
* houfe, any paper or letter relating the affairs of
* Spaing This addrefs, by their Lordfhip's order,
B b 2 was
3^2 Parliamentary A. 1711.
was immediately carried up to the Queen at St,
Jameses, by the Lords of the White Staves, viz,
the Dukes of Buckingham and Shrewsbury : Who be-
ing returned, and the houfe, (that had adjourned
during pleafure) refumed, as foon as the Queen,
who defigned to hear the debate incognito^ was come
to the houfe, the Duke of Buckingham reported,
* That her Majefly had gracioufly been pleafed to
* grant the defire of the Lords.'
The Lords being gone into a Committee of the
whofe houfe, and the Earl o^ Abingdon ftill in the
Chair, the Earl of Scar/dale delivered the following
queftion, * That it appears by the Earl of S under -
* land's letter, that the carrying on the war offen-
* fively in Spain, was approved and directed by the
* Minifters, notwithflanding thedefign of attempt-
* ing Thoulon, which the Miniflers knew at that time
' was concerted with the Duke of Savoy, and there-
* fore are juftly to be blamed for contributing to all
' our misfortunes in Spain, and to the difappoint-
* ment of the expedition againft ThouionJ
The Lord in the Chair having read this queftion,
the Duke of Devon/hire excepted againft the altera-
tions that had been made in it, particularly againft
changing the word of Cabinet Council, which was
in the queftion firft propofed by the Earl of Scarf-
dale, into that of Miniflers, To which the Lord
Ferrers anfwered, ' That the Earl of Scar/dale was
' at liberty to make what alterations he thought fit
* in the queftion, this being a new Committee -,'
and the Earl of Scar/dale added, ' He thought fit
' to alter the queftion, becaufe the word Miniflers
* is better known than that of a Cabinet Council,^
But the Earl of Wharton infifted, ' That the Com-
' mittee was, in effe6l, the fame, as when the firft
^ queftion was propofed, and as they were adjourned
* to
A. 1711. DEBATES. 373
* to confider it, no alteration of a queftion that lay
* already before them, ought to be admitted.'
This objedlion, which feemed to carry a great
deal of weight, was, however, removed by the Earl
of Abingdon^ who faid, * This was not the fame
* Committee ; for the houfe was refumed, and then
* adjourned during pleafure, before he could, get di-
* regions to report.' And the Earl of P owlet ha-
ving moved the debating of the fecond queftion, the
Duke of Beaufort faid, ' He wondered any Lord
* in the Miniftry fhould approve and diredl an of-
* fenfive war in Spain^ at that jundlure : And in
* particular named the Earl of Sunderland,'*
Hereupon, the Lord Cowper, in anfwer to what
had been alledged by the E2ir[ of Scar/dale^ tojufti-
fy the alterations made by his Lordfhip in the que-
ftion, faid, ' That in his opinion the word Minijler
* or Miniftry^ would run into the fame exception
* with Cabinet Council-, that they were both terms
* of an uncertain fignification, that there was befides
* in the queftion the word Minijlers in the plural,
* which implied many : And therefore he moved,
* that the Earl of Sunderlaitd^s letter might
' be read, that it might appear, whether one Mi-
* nifter only, or more, approved and diredled an
' often five war.' There being feveral letters of the
Earl of Sunderland^ s lying on the table, the Chair-
man of the Committee defired to know, which of
them their Lordfhips would have read } To which
it was anfwered, ' That of February 14th, 1706-7.
' O. S. in anfwer to Mr. Stanhope"^ 'letter of the
* 1 5th of January^ N. S.' Upon which the Clerk
was diredled to read that letter, importing in fub-
ftance, * That he wasforry they three only (mean-
* ing the Lords Galway and 'Tyrawley^ and Mr.
* Stanhope) were of that opinion , that nothing but
B b q * intereft
374 Parliamentary A.1711.
< interefl could incline others to the contrary ; that
« the dividing the army would be the ruin of all ;
* that the Queen entirely approved what he (Mr.
* Stanhope) had done in the council of war, as he
' would fee more at large in the enclofed from my
* Lord Treafurer. Thar this was fo much the
« Queen's opinion, that fhe had written in the moft
' preiTmg terms to King Charles about it. That, as
« for the Earl o^ Peterborough's projeds in Italy ^ the
* lefs attention Mr. Stanhope gave to them the bet-
* ter. That he fent him a letter for the Earl Rivers^
' Vv^hich he defired Mr. Stanhope to deliver to him,
' if he took upon him the command of the army,
* by the Lord Galway's giving it up. Which,
' hovv'ever, the Earl of Sunderland hoped, he would
* not do : In which laft cafe Mr. Stanhope was de-
« fired to burn that letter : Concluding, that the
* Lord Treafurer had fettled the remittances for the
* army, Gfr.'
After the reading of this letter, the Lord Cowper
faid, ' He could not find a connexion between the
' premifTes {viz. the faid letter^) and the inference in
' the queflion : And therefore, if it fhould pafs in-
* to a refolution, he would enter his proteft.' To
which the Earl of Rochefter replied, with fome
vehemence, ' That after the meflage that had been
' fent to the Queen, and her Majefly's gracious an-
* fwer, he did not expecb to hear of fuch an objec-
* tion i that there was no connecftion between the
* premifTes and the inference ; that he knew very
' well the meaning of thit objedion j that for feve-
* ral years paft they had been told, that the ^een
' was to anfwer for every things but he hoped That
' time was over \ tl at according to the fundamental
' conftitution of this kingdom, the Miniftcrs are
' accountable for all : And therefore he hoped no
* body would,' nay, no body durft, name the
* Queen in this debate.' On the other hand, the
• Lord
A. 1711; DEBATES.
Lord Cowper infifted, ' That the alteration made in
< the queftion ought to be explained ^ ' urging,
* That the word Minijlers is of an uncertain fig-
* nification , and Cabinet Council a, word un-
« known in our law : That if that augufh af-
* fembly proceeded to a cenfure upon men, the
* world ought to know who they were : That lie
* hoped the Lord who propofed this queftion, would
* explain himfelf •, and hoped, at the flime time,
' that if any body were accufed, it would appear
* to be without ground : That he had the honour to
* be one of the Miniftry, and did not know whe-
* ther it was defigned to involve him in the fame
* cenfure ; but he protefted, with the utmoft fmce-
* rity, that while he was in that poft, he gave his
' advice, and adled to the beft of his underftanding,
* and with an honeft intention, to ferve the Queen
* and his country.'
After this, the Earl of Scarfdale faid, * He thought
* the word Minijlers very proper: and that the
* Lord Treaiurer, that is, the Lord Godolphin^ was
' named in the Earl of Sunderland's letter.* The
Earl of Powlet urged, ' that there's no diftindlion
* between the Miniftry and the Cabinet Council :
* For thofe who were of the Cabinet were Minifters.*
But tho' the Duke of Beaufort fpoke on the fame
fide, his Grace faid, ' That the word Cabinet Coun-
' cil does not imply all Minifters.' And the Lord
Ferrers added, ' Thr.t the word Miniftry is more
* copious than Cabinet Council but however, it was
* indifferent which they took.' To this the Earl of
Godolphin replied, ' That fmce the word Minifters
' was more copious, it was therefore improper in
' this cafe, becaufe their Lordfhips ought to be fure
* whom they defigned to cenfure. And then taking
* notice, how late it was in the night, and that a
' perfon concerned in this debate was abfent, he
* moved for adjourning.'
B b 4 Here-
37^ Parli AMEN TAR V A.i7ir;
Hereupon the Duke of Leeds made a pretty long
fpeech ; the moft material paflage in it was, * That
* her Majefty having given leave for any Lord, or
* other of the Cabinet Council^ to communicate what
* they knew about the affairs of Spain ^ no offence
* could be taken if any perfon cleared himfelf.*
Upon which the Lord Cowper faid, ' He knew not
' whether he was included in the word Miniftry^
Hereupon the Earl of Powlet faid, ' This was the
* firfl time that this nice diftindlion between Cabinet
* Council and Miniftry was made a difpute, which
* looked like a delay.' And the Earl of Hay faid,
on the fame fide, ' That 'twas irregular and impro^
* per to take notice, in this debate, either of the
* addrefs to the Queen, or of the queftion propofed
* before, in both which the word Cabinet Council
* was inferred ; that 'twas true, this word was not
* commonly known in the law, neither was the
* word Miniftry^ and therefore they ought to ule
^ a plain Englijh word. That he would mention an
* inftance at the revolution, when a word of an un-
* Meaning < certain * fignification occafioned much debate.
Jblcite, ' That he wifhed, if the queftion fhould pafs with
* the word Minifiers^ they would mention two Lords
* that had been already named— — that he fhould
* be forry to hear, or repeat the found but,
* however, he thought it neceffary to name them.*
To this the Lord Hallifax anfwered, ' That the
* mentioning the addrefs and former queftion, was
^ not improper -, that they were ftating the fignifi-
* cation of two fynonymous words of great weight
* and importance in this cafe ; and therefore he de-
* fired, that the addrefs to the Queen might be
* read.' This being done accordingly, his Lordr
Ihip added, ' He wondered at the method ufed on
*■ this Gccafion : For he underftood the Queen was
* defircd to give an immediate anfwer to this ad-
^ drefs-, with an intimation, That the houfe was Jit-
^ ting expe^ing ker Alajefifs anfwer ^^ which was not
*^ « ufuaU
A. I7II- DEBATES.
* ufual.' Hereupon the Duke of yfr^y^fald, « He
* thought what the noble Lord that ipoke laft had
* faid, was accufing the houfe of doing an uncivility
< to the Queen.' At which feveral Lords crying,
go on^ goon^ the Lord Hallifax faid, ' That if
* their Lordfhips looked on their journals, they
* would not find it ufuaL*
The Earl of F owlet appealing to the Lords,
* Whether the words immediate anfwer was ever
* mentioned ?' The Duke of Buckingham faid, * He
* never heard any fuch thing fpoken, and if it had,
* he would rather have gone to the Tower than
* have carried fuch a melTage.' Upon which the
Lord H alii fax excufed what he had faid, alledging,
* He was not in the houfe when the addrefs was
* fent, but had been told, that a motion for an im-
* mediate anfwer was made ; which he believed was
' without a precedent.' To this the Earl o^ Ferrers
anfwered, ' That no fuch thing had been mention-
* ed, but if it had, it would not have been unufual ;
^ for he remembered fuch a melTage was fent to the
* late King William^ when he lay fick. That they
' had been long debating about the words Minifters
' and Cabinet Council ; and that, to prevent all ex-
* ceptions, both might be put in the queftion.'
Hereupon the Earl o^ Peterborough faid, very fhrewd*
ly, * That he thought the word Cabinet Council not
* fo proper as Minifters : That he had heard a
' diftindion between the Cabinet Council and the
' Frivy -Council ; that xhtPrivy-Counfellors were fuch
* as were thought to know every thing, and knew
'- nothing , and thofe of the Cabinet Council thought
* no body knew any thing but themfelves : And
* that the fame diftinclion might, in great meafure,
* hold, as to Minifters and Cabinet Council. That
* the word Cabinet Council was indeed, too copious ;
* for they difpofed of all j they fingered the money ;
* t!iey
37^ Parliamentary A. 1711^
* they meddled with the war ; they meddled with
* things they did not underfland : So that, fome-
« times, there was no Minifter in the Cabinet Council.*
The Lord Hallifax infifling againft the alteration
made in the firil queftion, and prefling their Lord-
fhips to fpeak to the fame words they had ufed in
their addrefs to the Queen. The Earl of Rochefter
renewed his former expoftulation, ' That, for fe-
« veral years together, the Queen was to anfwerfor
' every thing •, inflancing in the time when the me-
' 7norial of the Chm'ch of England was indi5led^ and
* the Church was fuggefted to be in danger, (which
*■ for his part, his Lordfhip thought to be fo, in the
' hands of fome men) when the anfwer was ready,
* to ftop people's mouths, JVhat ! to fufpe5i the
« ^ieen ! ' He added, ' That the diilinftion be-
* tween Cabinet Council znd. Minifter s^ was a meer
« nicety ufed only to delay. That he knew the
' Lord Godolphin was in that high ftation.' And
concluded with a motion, ' That the Lords would
' give an account of what they knev/, provided
* they would fpeak to the point in queflion, and
' not to a nicety.' The Buke of Argyll f aid ^ ' He
* thought all Minifters were of the Cabinet Council^
* but that all the Cabinet Council were not Minifters.*
The Lord Cowper urged, ' the ambiguity of thofe
' two terms, as an argument againft ufing them \
' the rather, becaufe of four of the Lords that were
* for the queftion, two were of one opinion, and
* two of another. That, however, he hoped they
' would drop this, and debate the main queftion. ,
* That for his own part, he was of opinion, that
* the war in Spain ought to beoffenfive and not 4??^
* fenfive. That this was the fenfe of the whole^^
' kingdom. That he did not remember, tl
' when the Earl o^ Peterborough's letter to Sir Ci
* Hedges^ about his Lordftiip's projecfts, was. read,
* there was any difference of opinion in the^ coi^^-^
A. 1711. DEBATES. 379
« cil : All being unanimous for an ofFenfive war
< with Spain. That when the projedl againil Thoulon
* was concerted with the Duke of Savoy ^ his Royal
< Highnefs never defired that the war might be de-
* fenfive in that kingdom. That it was unreafon-
« able and unprecedented to cenfure men for an opi-
* nion, becaufe it had proved unfuccefsful ; and
* that, for his own part, he gave his advice with
* the beft and moil fincere intention to fcrve his
* country.'
To this the Earl of Peterborough anfwered, ' That
* one would be apt to think the miniftry were, in-
' deed, for a defenfive war, when they fuffered him
* to want men, money, and all neceflaries. That
* though he had inftrudlions to treat about the fiege
* of 'Thoulon^ he had letters of revocation fent him
* on a fudden •, which, hov/ever, he fent back un-
' opened, becaufe having appeared, in feveral courts,
' with the character of Ambaffador Plenipotentiary,
* and the Duke of Berwick having taken his creden-
' tials, he could net give recredentials. That his
* project, as trifling as it was accounted by the mi-
' 7iiftry^ would have taken l^houhn^ whereas the re-
' gular projed proved abortive. That when he
* cime home, he was coldly received and difregard-
* ed, but preferved himfclf, not only by his inte-
* grity and little fervices, but alfo by caution and
' patience.' After this, his Lordfhip explained his
project upon Naples., which v/as to have been put
in execution in February : Adding, ' That by the
' redudlion of that kingdom, which was already
* difpofed to declare for King Charles^ and by the
' conqueft of Sicily, the allies would have had
' 20000 men to a6t againft France, and plenty of
* provifions to fupply their forces in Spain. As for
* Thoulon, that it might have been invefted in the
* winter, when there was no garrifon to defend it.*
And to prove that he had concerted the fiege of
that
380 Parliamentary A. 1711.
that place with the Duke of Savoy^ his Lordfhip
produced a letter from his Royal Highnefs •, but of-
fering to read it, feveral Lords cried, No^ no. In
anfwer to the Earl o^ Peterborough's fpeech, the Earl
of Godolphin faid, ' He would give their Lordfliips
* an account of his thoughts and reafons, why that
* noble Earl's projedl was not approved, viz. That
* the very overtures of it, as tranfmitted hither by
< the Earl o^ Peterborough, in a letter in French^ to
< Sir Charles Hedges., read the day before, fhewed,
' that was impofTible the Duke of Savoy could be
* in earneft, the other projedl being already concert-
* ed ; and his Minifters here earneftly defiring, in
' his Royal Highnefs's name, that it might be an
* abfolute fecret : So that even Prince Eugene knew
* nothing of it, at the time the Y^dAoi Peterborough
* wrote that letter.'
Hereupon the Earl of Nottingham Handing up,
faid, * That it was too common to judge of men
* by the events : But God forbid that houfe fliould
' follow that method. That he would give the
* Lords his thoughts, why he fhould not, at that
* jundlure, have been for an offenfive war : That
' he would not fpeak as a foldier, becaufe he was
* none, but would fpeak only to matters of fad -,
* and if he was wrong, he defired any Lord there
* would rectify him. That he had no pique, no
* animofity, againft any body, and would haveju-
* ftice done without partiality. That it appeared by
* the account, orreprefentation, theEarl o^ Galway
' gave of affairs, towards the end of the year 1706,
' or beginning of 1707, that we were in fo good a
' condition in Spain., that nothing could hurt us :
*• And yet, notwithftanding the reinforcement
* which Earl Rivers brought to Spain^ there were
^ not above 14000 men at the battle of Almanza.
*- That in fuch circum fiances, the advifing an offen-
^ five war, was a very ill counfel : And therefore
* he
A. 171 1. DEBATES.
' he concluded for the queftion.' Upon this the Earl
of Sunderland owned^ ' He gave his opinion for
' an offenfive war, becaufe, to the bed of his under-
* {landing, it was the beftcounfel that could be fol-
* lowed. That it was the general opinion and de-
' fire of the nation, that the Earl of Galway Ihould
' inarch again to Madrid •, that all the miniflry then
' were unanimous in their opinions for an offenfive
' war ; and that many inconveniences might have
* attended the dividing of the army.'
' My Lords, (faid the Duke of Marlborough) I
* had the honour of the Queen's commands to treat
* with the Duke of Savoy, about an attempt upon
' Tboulon, which her Majefty, from the beginning
' of this war, had looked upon as one of the moft
' effedual means to finifh it. And I can affure
' you, that in the whole negotiation, with his royal
' Highnefs's Miniflers, one of whom. Count Br i-
* anfon, is dead, the ether. Count Maffey, is now
' here, not one word was fpoken o^ Spain, where
' the war was to be managed upon its own bottom,
' as well as that of Italy -, and both independently
' upon one another.
' As for the war in Spain, it was the general opi-
' nion oi England, that it ihould be offenfive: And
' as to my Lord Peterbor oughts projects, I can afTure
' your Lordfhips, that one of the greateft inftances
* that Holland and Savoy made, was, that the Em-
* peror, and we, fhould not infift upon an expe-
* dition to Naples -, \ii\\c\\ might hinder the other
* defign.
* My Lords, My intentions were always honed
* and fincere, to contribute all that lay in my power,
* to bring this heavy and expenfive war to an end.
* God Almighty has blelTed my endeavours with
' fuccefs : But if men are to be cenfured when they
* give their opinions to the befl of their under-
* ftandings, I muft expect to be found fault with
* as well as the refl.
* iMy
055 r A Kl. 1 AM E N TAR Y -n-.I/II.
* My Lord Galway^ and every body in Spain^
* have done their duty : And though I muft own,
' that Lord has been unhappy, and that he had no
' pofitive orders for a battle ; yet I muft do him
* the juftice to fay, that the whole council of war
* were of his opinion, to fight the enemy before
* the coming up of the Duke oi'^Orleans^ with
* a reinforcement of 9 or loooo men.
* On the other hand, I muft confefs, I do not
* underftand, howthefeparatingof the army would
* have favoured the fiege of Tboulon.^
The Earl o^ Peterborough faying thereupon, ' that
' there was a neceflity of dividing it to go to Ma-
' drid,^ The Duke of Marlborough reluming his
fpeech faid, ' I will not contradid: that Lord as
* to the fituation of the country ; but this fepara-
' tion of the army could not be in order to a de-
* fenfive but an offenfive war : Which, in my
' opinion, was the beft way to make a diverfion,
^ and thereby hinder the French from relieving
' Thoulon.
' But after all, that unhappy battle had no other
' effed, than to put us upon the defenfive: For the
* French troops that were detached from Spain^
* never came before 'Thoulon,''
The Duke of Argyk having anfwered this laft
part of the Duke o^ Marlborough's fpeech, viz. That
the battle of Almanza did but put us upon a defen-
five in Spain : Added, ' That as for what related to
' tlie Earl Rivers^ it was certainly a fault to pre-
' fer an unfortunate foreigner before a Peer oi Great-
' Britain."^ 'To which the Lord Cowper replied^ ' That
' the anfwering Mr. Stanhopeh letter, by approving
' his advice, was certainly the wifer, the honefter,
' and the more popular opinion ; every body in
* England being then for an offenfive v/ar. That
' he v/ifhed every member in that auguft aftembly
' would lay his hand upon his heart, and lay, in
' confcience, whether he would not have been of
' the
A. 1711. DEBATES. 383
the fame opinion ? That to have advifed a linger-
ing, expenfive, defenfive war, would, no doubt,
have now been more criminal than this charge,
which was heavy enough. That the raifmg
the fiege of 'Thoulon^ could not, in reafon, be
imputed to the offenfive war in Spain, and to
the lofs of the battle of Almanza \ but rather, to
the expedition to' Naples •, the flow march of the
German recruits, through the country of the Gn-
fons, and other unforefeen accidents, which attend
all human affairs : But, added his Lordjloip, if this
queflion fliould pafs into a refoluticn, it svill be
the comfort of thofe on whom the cenfure will
fall, that the v/orld will judge, that it is founded
on ftrained dedudlions, and forced confequences,
foreign from the premilTes. My Lords, all
EngUjhmen love aftlon, it is their temper and in-
clination. To conclude, I repeat it again, it will
be a confolation, that the conclufion is not war-
ranted by the premifTes.'
The Earl of P owlet anfwering, ' That the battle
of Ahnanza was a neceflary confequence of the opi-
nion and diredbions of the miniftry.' 'The Duke
of Devonfl^ire replied^ ' He remembered that the
Lords themfelves that now fpoke againfr an of-
feniive war in Spain, were for it fom.e years before ;
that, among the reft, the Earl of 'Nottingham mo-
ved for twenty battallions to be fent from Flanders
to Spain, which could not be for a defenfive war ;
that after the battle of Almanza, no French troops
were fent from Spain to relieve Thonlon -, and, in
fhort, that an offenfive war is always the m.oft ef-
fedlual means to procure a peace.' To this the
Duke of Shrewfbury anfwcred, ' That in all things
the circumftances ought to be confidered, that an
offenfive war may be proper ::i one time, and im-
proper at another. That it having been urged,
that n o French troops were fent from Spainio re-
lieve Tboulcn^ it was certain; feme troops were or-
' dered,
384 Parliamentary A.1711.
« dered, and upon their march, Avhofe approach
' might have the fame efFed, as if they had adlually
' arrived in Provence, That it is true, this nation
« is for fighting, and for an offenfive war *, but not
* for going to Madrid right or wrong, as was Ge-
* neral Stanhope's opinion, approved by the Miniftry,
' That the Lord Gal-way had a good reafon to fight,
* becaufe he could not help it. But that there was
' no reafon for the Minifters here, to give that opi-
' nion, becaufe nothing forced them to it.' "the
Duke of Devon (hire taking advantage of this conceffion^
faid^ * That fince the allies could not fubfift without
' fighting, it was unreafonable to cenfure the Gene-
* rals who gave their opinions for a battle.'
The Earl of Nottingham owned on the other
fide, ' That he made the propofal for fending
' 1 0000 men from Flanders to Spain \ but that was
' after the battle of Almanza ; and that only 7000
*• were fent. That as to the bufinefs of notdon^ it
' was certain, that immediately after the news of
* the battle of Almanza^ the court of France ordered
' detachments to be made from Spain^ as appeared
* by the Paris Gazette of the 4th of A%, 1707,
' That he would not affirm thofe troops did adlual-
* ly march into Provence ^ but that, as had been
* obferved, their approach was fufficient to contri-
* bute to the raifing of the fiege of 'Thoulon? After
this^ the Earl Rivers faid^ ' That it had been al-
' ledged, that the battle of Almanza was fought be-
* caufe the allies wanted provifions *, but he could
* aiTure their Lordfliips, that there was a Gentleman
* here in town, who brought them provifions for
* eight days. That, in truth, they did not defign
' to fight, but rather to retire towards Valencia ; ha-
* ving, for that purpofe, fent General Carpenter be-
* fore, with part of his dragoons : But upon the re-
* ceipt of orders from England^ they fuddenly re-
* folved upon a battle, before they were joined by
* General
A. 171 1. DEBATES. 38^
^ General Carpenter \ and without communicating to
< the council of war the ftrength of the enemy, of
* which they had intelligence by two deferters, the
* night before the adtion.' Hereupon the Earl of
Ferrers [aid on the fame fide ^ * That it was plain,
' the council o{ Valencia was the caufe of all our mif-
* fortunes in Spain. That the refolutions taken in
* it, were carried againft the opinion of King
* Charles., and his Minifters. That it was certainly
' a fault in the Miniftry here to approve that coun-
* cil \ for a Secretary of ftate gives no diredion but
' from the cabinet-council. That it feemed as if
' the blame of the raifing the fiege o^Thoulon, was
* intended to be laid on the Emperor's forces ; but
' this eniquiry woilld be more proper at another
' time : And that another thing was to be enquired
* into, viz. What number offerees in her Majefty's
* pay were, at that time, in Spain ? And fo conclu-
* ded for the queftion/ "The Lord Mohun, on the other
fide, faid^ ' He was againft it for feveral reafons ;
' ly?, Becaufe he knew not who was meant by the
' Miniftry -, and he would not have a cenfure pais
* upon perfons, who neither deferved, nor were in-
' tended to be cenfured. ^dly., Becaufe the advice
* of an offenfive war, was, at that time, no ill ad-
* vice, o^dly^ Becaufe he would be juft to all man-
* kind, and not cenfure any body that gives his opi^
* nion to the beft of his underftanding, and with an
* honeft intention.' 'T^he Lord Somers owned freely
to their Lordjhips^ ' That had he been in the place
' of thofe that gave the counfel for an offenfive
* war, he would have been of that opinion, becaule
* he fhould have thought himfelf an ill connfellor to
* advife any thing againft the general opinion :
Adding., ' That the ill fuccefs of the battle of Al-
* manza was no good argument againft the counfel
* for an offenfive war •, for if they judged of opi-
* nions by events, no man could be fafe.' The
Earl Rivers having owned there might be other
Yo L. Vo C c good
2P0 PARLIAMENTARY A.iyil,
good reafons why the Tbmlon buFinefs did not fuc-
ceed, the Earl of RocbeJ^erfmdy * That for his own
* pars, he muft confefs, that had he, at that time,
* been of the cabinet council, he coidd not have
* been for an offenfive war ; nor would popular ar-
^ guments have fwayed his opinion : For he could
* not fee the reafon, that becaufe the people love
* a6i:ion, we fliould be perpetually fighting. Con-
« eluding upon the whole matter, that he was for
* the queftion.'
Several Lords calling for the queftion, and the
Chairman rifing in order to read it, the Bifhop of
Ely fa id, * He had only one word to offer, which.
* was, That it not appearing to him that there was
* any premeditated ill defign in the Miniftry, when
* they gave their opinion for an offenfive war, he
* could not be for the queftion.' The Duke of
Argyle having defired, that when the queftion was
over, he might offer another ; the fame was readily
agreed to : And then the £arl of Abingdon put the
following queftion.
y HAT it appears by the Earl of Sunderland'^ let-
ter^ that the carrying on the war offenjively ifi
Spain, was approved and directed by the Minifters^
notwithftanding the defign of attempting Thoulon,
which the Minijiers knew at that time was concerted
with the Duke <?/ Savoy, and therefore are jujily to be
hlamedfor contributing to all our misfortunes in Spain,
and to the difappointment of the expedition againfi-
Thoulon,
There happening a divifion, the Earls of Port--
land and Hay were appointed tellers, and it appear-
ed that there were 68 Lords content, and 48 not
content.
After this, the Duke of Argyle made a fpeech
impofting in fubftance : *That he was informed, that
' the
A. 1711. DEBATES.
' theEarl o^ Peterborough had the Queen's commands
* to negotiate matters of great importance abroad,
* and was to fet out the next day. That he hoped
* every member of that houfe was convinced, that
« he had performed great and eminent fervices to
' his country, notwithftanding the difficulties and
' difcouragements he laboured under ; and how with
* a handful of men, for his Grace thought he might
* call them a handful, fince they never amounted
* to ten thoufand men, he took the important city
* of Barcelona^ and reduced fo many provinces of
' Spain. That he needed not tell their Lord-
' fhips how he had been rewarded for thofe great
' fervices : But that it was his opinion, they ought
* to pafs a compliment upon him, which was all the
' reward they could, at that time, bellow : And
' therefore it was his Grace's motion, that this que-
' ftion be put.'
nnHAT the Earl of Peterborough, during the time
he had the honour of commanding the army in
Spain, did perform many great and eminent fervices 5
and if the opinion he gave in the council of war at
Valencia had been followed., it might very probably
have prevented the misfortunes that have happened
fince in Spain.
This queftion being carried, without dividing,
the houfe was refumed ; And the Earl o^ Abingdon
having reported the two refolutions taken in the
Committee, the Lord Keeper put the fame que-
llions feverally to the houfe, which were again
agreed to. But before the fecond queftion was put,
the Earl of Wharton defired, ' That the Lords,
* who were for the firfl queftion, might fay agreed^
* that fuch Lords as were againft it might enter their
* proteftations.' Which they did accordingly.
A motion for adjourning to the Monday foMow-
ing being made, the Earl of Rochejter made another
C c 2 motion.
388 rARLIAMENTARV A. I711.
motion, that fuch Lords as pleafed, might make
animadverfions on the proteftations of fuch Lords
as fhould protefl: *, which was agreed to. Then the
Duke of Buckingham faid, one thing more was to
be done before they adjourned, and that he would
propofe a queftion, which he was fure would be
readily agreed to, viz, ' That the Earl of Peterbo-^
* rough have the thanks of the houfe for his eminent
* and remarkable fervices ; and that the Lord
* Keeper return him the thanks of the houfe imme-
« diately / This queftion being unanimoufly agreed
to, the Lord Keeper addrefled himfelf to the Earl of
Peterborough^ in the following fpeech.
My Lord Peterborough,
* T AM commanded by my Lords to return their
' X thanks to your Lordfhip, for your many emi-
* nent and faithful fervices to your Queen and coun-
* try, during your command in Spain.
My Lord^
* The thanks of this illuftrious aflembly is an ho-
' nour v/hich has been rarely paid to any fubjed •,
* but never after a ftri6ler enquiry into the nature of
* any fervice -, upon a more mature deliberation *, or
* with greater juftice, than at this time, to your
' Lordfhip.
* Such is your Lordfhip's known generofity and
* truly noble temper, that I afTure my felf, the pre-
* fent I am now offering to your Lordfhip is the
* more acceptable, as it comes pure and unmixed,
* and is unattended with any other reward, which
* your Lordfhip might juftly think would be an al-
* lay to it.
My Lordy
* Had more days been allowed me than I have
* had minutes, to call to mind the wonderful and
* amazing fuccefs, which perpetually attended your
* Lord/hip in Spain^ (the efFed: of your Lordfhip^s
* perfonal bravery and condud) I would not at-
l tempt
A. 1711. DEBATES. 389
* tempt the enumerating your particular fervices,
* fince I fhould offend your L.ordfhip, by the men-
' tion of fuch as I could recolledl ; and give a jufl
' occafion of offence to this honourable houfe, by
' my involuntary omiffion of the far greater part of
* them.
* Had your Lordfhip's wife counfels, particular-
* ly your advice at the council of Valencia^ been
* purfued in the following compaign, the fatal battle
* o{ JImanza, and our greateft misfortunes, which
* have fince happened in Spain, had been prevent-
' ed, and the defign upon 'Thoulon might have hap-
' pily fucceeded.
' I fhall detain your Lordfhip no longer than in
* obedience to the order I have received, to return
* your Lordfhip, as I do, the thanks of this houfe,
' for your eminent and remarkable fervices to
* your Queen and country, during your command
^ in Spain. ^
The Earl of Peterborough'^ Anfwer,
My Lordsy
* in^ O R the great honour and favour I have re-
* JP ceived from your Lordfhips, I return my
* mod humble thanks, with a heart full of the great-
' eft refpetSt and gratitude. No fervices can deferve
' fuch a reward. It is more than a fufficient recom-
^ pence for any paft hardfhips *, and to which no-
^ thing can give an addition. I cannot reproach my
* felf with any want of zeal for the publick fer-
^ vice : But your Lordfhips approbation of what
* I was able to do towards ferving my Queen and
' country, gives me new life ; and I fliall endea-
* vour, in all my future anions, not to appear un-
^ worthy of the unmerited favour I have received
^ to-day from this great ailembly.'
C c q The
39P Parliamentary A. 1711.
The Lords Xhc protcfls which many of the Lords entered,
were as rollovvs :
January 9, 17 10.
Rejolved^
That the Earl of Peterborough has given a very
faithful, juft, and honourable account of the coun-
cils of war in Valencia,
January 11^ 17 10. To the queftions for rejed-
ing the petitions of the Earl of Galway^ and Lord
Tyrawley,
Pijfentient^
* Becaufe that when a queftion was dated in the
' houfe, which feemed to us to import a cenfure on
^ the condu(5l of the Earl of Galway^ Lord Tyraw-
* ley^ and General Stanhope^ the two Lords being
* now in town, fhould, we conceive, have been
* heard in their defence, before the queftion pafled,
^ though they had not petitioned to put in their
* anfwers ; much lefs ought the faid petitions to
^ have been rejet^led. And we think, that their
^ having been before examined, only as to what
* they remembered concerning the council in Va^
* lencia., (when they did not know that any, much
* lefs what cenfure was intended upon the opinions
* given at that council) is not fufficient to fatisfy
* what we apprehend to be the rule of natural ju-
* ftice, that every one lliould have an opportunity
^ of anfwering for themfelves, at leaft, upon thefe
* their humble petitions, before what we take to be
? ^ publick cenfure, Ihould pafs upon them.
Bedford.
Bevonjhire.
Kent.
Hallifax,
Haverfmm.
Lincoln.
Leicefter,
Sunderland,
JDorchefterf
JJhhmkm*
Wharton,
Berkeley.
Cilk
h.iyii- DEBATES. 391
Gilh. Sarum, Job. Litch, & Cov. J. Bangor.
R. Petreburg. Stamford, Herbert,
Rockingham. Orford. Harvey.
Mohun. Somers. Bridgewater,
Marlborough, Cowper. Godolphin,
J. Winton, W. Lincoln, J. Ely,
tV, Carliol. Scarborough, €. Norwich.
Jo. Landaff, W, Afaph. Dorfet,
Then it being moved. That the Earl of Galway
and Lord 'Tyrawley (if without) might be called ia
apd heard, it was ordered accordingly ; and they
not being prefent, the houfe, according to order,
was adjourned during pleafure, and put into a Com-
mittee CO take into farther confideration the prefent
ftate of the war in Spain.
After long time fpent therein, the houfe was re-
fumed, and the Earl of Abingdon reported, That
the Committee had come to the following refolu-
tion, viz.
That the Earl of Galway^ Lord Tyrawley^ and
General Stanhope infifting at a conference held at
Valencia^ fometime in January^ 1706-7, in the pre-
sence of the King of Spain ^ and the Queen's name
being ufed in maintenance of their opinion, for an
offenfive war, contrary to the King of Spain's opi-
nion, and that of all the general Officers and pub-
lick Minifters, except the Marquis das Minas j and
the opinion of the Earl of Galway^ Lord Tyrawley^
and General Stanhope^ being purfued in the opera-
tions of the following campaign, was the unhappy
occafion of the battle of Almanza^ and one great
caufe of our misfortunes in Spain^ and of the difap-
pointment of the Duke o^ Savoy's expedition before
Thoulon^ concerted with her Majefty.
And the queftion being put, That the houfe
agree with the Committee in the faid refolution ? It
w^s refolved in the affirmative,
C c 4 Dijfentieni[
392 Parliamentary A. lyu.
Dijfsntieni^
1 . *- Becaufe we conceive, that the proofs which
« have been before the houfe were not fufficient to
« warrant the fads as they were flated in the que-
* Jtion.
2. * Becaufe we conceive, that the faid proofs do
« not fupport the confequences drawn from the fads
* ftated in the queftion *, efpecially the difappoint-
* ment of the expedition againft Tboulon, which (as.
^ we humbly apprehend) was clearly occafioned by
* other caufes, and not by the caufe affigned in the
f queftion.
3. * Becaufe we conceive, it may be of dangerous
f confequence, if thofe who may have the honour
^ to ferve the Queen in Spain^ fhould from hence
* have reafon to apprehend, that they may be cen-
* fured for prefuming to infift on fuch opinions, as
* fhall appear to them to be moft for the Queen'^
" fervice, and the common caufe, if contrary to the
* opinion of the King oi Spain ^ and his Minifters.'
The fame Lords fubfcribed to thefe reafons, as tp
that of rejeding the petitions.
Die Veneris^ Januarii 12.
The houfe, according to order, was adjourned
during pleafure, and put into a Committee to take
into farther confideration the prefent ftate of the
war in Spain : After a long time fpent the houfe
was refumed, and the Earl of Abingdon reported,
that the Committee had come to the following re-
folutions, viz,
I. That it appears by the Earl of Sunderland^s
letter, that the carrying on the war offenfively in
Spaifty was approved^ and direded by the Minifters^
notwith-
A. 1711. DEBATES.
notwithftanding the ciefign of attempting Thoulon^
which the Miniflers, at that time, knew was con-
certed with the Duke of Savo}\ and therefore are
juftly to be blamed for contributing to all our mif-
fortunes in Spain^ and to the difappointment of the
expedition again ft lihoulon,
2. That the Earl o^ Peterborough^ during the time
he had the honour of commanding the Army in
Spain^ did perform many great and eminent fer-
vices ; and if the opinion he gave in the council of
war at Valencia had been followed, it might very
probably have prevented the misfortunes that have
happened fince in Spain,
Then the firft refolution being read by the Clerk,
the queftion was put. That the houfe do agree with
the Committee in this refolution. It was refolved
in the affirmative
Dijfentient*
' Becaufe that, confidering the army of the Al-
lies in Spain was to receive fo great an addition of
troops by the fupply fent under the Earl Rivers,
the general defire and expedation of the King-
dom to have the war brought to a fpeedy conclu-
fion, and all other circumftances of the war, as
it then ftood ; we are of opinion, that an offen-
five war was then fitteft for thofe in her Majefty's
fervice to advife ; and we do not find reafon, by
any thing arifmg on the examinations and debates,
to be of another opinion *, the occalion of fight-
ing the battle o^ Almanza, depending, as we con-
ceive, on caufes fubfequent to that advice •, the ill
fuccefs of it, as we apprehend, being juftly at-
tributed to other manifeft reafons, and the real de-
fign on noulony as finally adjufted with the Duke
of Savoy ^ not requiring, as appears to us, the
alTiftance of any forces from Spain.
Dcvonjhire^
394
rARLIAMENTARY A. I711
Devonjhire
Sunderland
J. Bangor
Kent
Bolton
Marlborough
Lincoln
Bedford
Dorchejler
Wharton
Leicefter
Orford
Godolphin
Stamford
Herbert
Gilb, Sarmn
Rockingham
Mohun
Somers
Scarborough
Cowper
Jo. Litchfield
7. Ely
Afhburnham:
and Coventry
W. Lincoln
C. Norwich
IV. Afapb
Jo. Landaff
Bridgewater
J)orfet
Harvey
Berky,
^e Earl of Galway'i R^p^y^ or Obfervatiom
upon the Earl of Peterborough'^ Anfwers to
the five qiiejlions propofed to his Lordjhip by
the Lords ^ are as follows,
YOUR Lordlliips having been pleafed to al-
low me a copy of all fuch papers as have
been produced, to prove the truth of the Earl of
Peterborough's anfwers to the five queftions that were
propofed to him by this honourable houfe, toge-
ther with a copy of thofe queftions and anfwers,
with leave to anfwer to any fuch part thereof as
I might conceive my felf to be concerned in, and
have not already fufficiently explained in my narra-
tive, I do take the liberty of obferving to your
Lordfhips, that^
The Earl di Peterborough y to the firft queftion, is
pleafed to fay, ' The management of the war in
* Spain^ when under the condud of other Generals,
* was not only fupported with great numbers of
* men, and vaft funis of money, but alfo with no-
^ torious falflioods, publifhed in their favour, to
' excufe their repeated difgraces.' Whereas his
Lor40iip cannot but remember, that when he failed
froiq.
A. 171 1. DEBATES.
from Portugal with the King of Spain to Barcelona^
he left only one regiment of horfe, and five of foot,
under my command in that country ; I volun-
tarily offered him, and he as freely accepted of
two regiments of dragoons from Portugal^ and four
battalions of foot from Gibraltar^ which I had fent
to the defence of that place.
I declare, I never traduced the faid Earl's con-
du6l, either by letters or otherwife, though it feems
the Queen had been fully informed thereof, parti-
cularly in regard to the mifunderftanding between
his Lordfhip and the King of Spain, to which his
CathoHck Majefly has attributed his delays in
marching to his capital, as may appear by Count
Gallas's memorial, a copy whereof lies upon your
Lordlhips table. 'Tis well known, the firft dif-
grace that ever happened to us in Spain, was oc-
cafioned by his Lordfhip's not joining us in time,
at Madrid \ and all the misfortunes that attended
us afterwards, were owing to that negledt.
His Lordfhip is pleafed to fay farther in his an-
fwer to the flime queftion, ' That to excufe the fa-
* tal battle of Almanza^ a King was to be ufed at
* that rate, as to have it in an account, printed by
* authority, declared, that he took numbers amount-
' ing to 4 or 5000 men, from a battle to be fought
* for his crown, the very regiments of horfe and
« foot mentioned by name : Whereas it is noto-
* rioufly known to the whole world, that he took
* only about 200 miferable Spanijh dragoons •, and
* that of the regiments mentioned to be taken away
* from the Englijh General in Valencia, fome of them
^ were never in being; others were regiments of
^ trained bands in Barcelona ; and none of them
* within 250 miles of that place.' Whereupon
I beg leave to obferve. That notwithflanding the
Earl's refledlion on that paper publiflied by authori-
|:y, the account therein printed is fo far from having
been
390 Parliamentary A.1711.
been exaggerated, that there were adlually fome
battahons of regular troops abfent in Catalonia^ be-
fides thofe mentioned in the Gazette, June 1707 •,
and feveral officers who v/ere at Almanza can depofe,
tl>at there was not one Spanijb corps, either horfe,
foot, or dragoons, on our fide, at that battle.
If part of the King's forces were at 250 miles
diftance, that may be a reafon why they could not be
at the battle -, but none can be given for their being
at that diftance, except in the cafe of fome few garr
rifons, which might, indeed, have been neceffary,
but could not require above 6 or 7 battalions,
whilft the army w^as then in the field ^ whereas his
Catholick Majefty had, at that time, in his own
pay in Spain ^ above 6000 men, befides the Butch
and Engltfh that were in Arragon and Cataknia.^
And thofe regiments which the Earl is pleafed to
call trained hands, becaufe they bore the name of
fome particular town or province that raifed or fub-
fifted them, are no more fo, than the regiments of
Picardy and Burgundy in France, though newly
raifed.
In his Lordfhip's anfwer to the fecond queftiorj he
is pleafed to aver, ' That from the time the Earl pf
* Galway came lirft into Spain as far as Almaras, and
* thence returned back to Portugal, the Earl of Fe-
* terborough had no advices from the Earl of Galway^
' no account of the motives of that retreat, or any
' hopes given him of the return of the Fortuguefe
* into Spain} What his Lordfhip fays upon this
occafion, is very true, for whilft he was at fo great
a diftance, befieged in Barcelona, and the Duke of
Berwick, with a confiderable body of horfe, be-
tween him and us, it was to no purpofe to think of
fending difpatches by land ^ neither was it neceffa-
ry to inform the enemy that way, that the Fortu-
guefe were refolved (notwithftanding the repeated
inftances of the foreign Generals to the contrary)
to
A. 171 1. DEBATES. 397
to return back again to their own country, after
their army had advanced as far as the bridge of
Almaras. But when we got to Madrid^ 1 immediate-
ly fent fo many exprelTes with letters, both to the
Earl of Peterborough^ and the Kingof ^^p^/;/, that it
was morally impoflible his Lordfhip could have
been ignorant, above eight days, of our arrival there r
And I have fince been afTured, by the inhabitants of
Barcelona^ that they were all informed of it by that
time ; from whence I mufl conclude, that his
Lordfhip's delays in joining us were voluntary, and
not occafioned by what of intelligence. I have af-
ferted in the narrative, which I delivered into this
moft honourable houfe, that I do verily believe, if
the Portugueze army had been joined in time after
their arrival at Madrid^ by the forces with the King
of Spain^ and under the command of the Earl
of Peterborough^ we might have been able to have
driven the Duke di Anjou out of Spain, and have
put an end to an expenfive war : nor was this my
opinion only, but that of all the world, at that
time. And I find his Lordfhip thinks itfo far im-
ports him, to be clear of this imputation, that he
is refolved to be rid of it at any rate. For, certainly,
nothing lefs than an apprehenfion of this nature
could have made him aver a fadl, fo improbable as
that, where, in his farther anfwer to the fame quefti-
on^ he fays, ' That he received no letter, no
* mefTage, from the Earl of Galway, — after his fe-
* cond entrance into Spain ; nor had the leafl no-
« tice of his fituation, circumftances or defigns, till he
* faw his troops retreating from the enemy, to take
* to take the flrongcamp of Guadalaxara^
Now what could be the defign of his Lordfhip's
marching to Guadalaxara^ with fo fmall a body of
troops as is mentioned in my narrative, unless he
knew he was to meet us there ? Befides, his Lord-
fhip forgets that he came not to Guadalaxara till
' fome
3yO X^AKl^lAIMlSiNlAKr •^. l/II,
fome days after the Portuguefe had been a(5lually en-
camped there, as 1 can make appear by the oath
of feveral Officers -, and confequently, it was im-
poflible for him to have feen us retreating thither.
I believe it may be necelTary, upon this occafion,
to repeat, that when his Lordfhip didjoin us, he
brought no more Englijh troops with him, than one
regiment of dragoons, and a detachment of another,
though he had adually at that time under his com-
mand in Spain^ 13 £;j!^//7^ battalions, and 4 regi-
ments of dragoons ; as likewife, that the Officer,
who (his Lordfhip fays) pafled through his quarters,
with letters for the King of Spain^ and none for
him, was never defigned to have gone within feve-
ral leagues of his Lordfhip, unlefs he had been
obliged to it by a party of the enemy, as I have
already explained more at large in my narrative ; and
I cannot help obferving, 'tis very improbable, that
Officer Ihould have had occafion to apply to the
Earl's Secretary for money, becaufe I gave him
an 100 piftoles at the time I difpatched him.
In his Lordfhip's anfwer to the third queilion, he
is pleafed to fay, ' That the ^2ix\ oi Galway
* continued about 40 days at Madrid, without ma-
* king any endeavours to augment his troops, or
* provide any magazines for the fubfiftence of his
* army ; the meeting the enemy unexpedledly, and
' retreating to the camp of Guadalaxara^ the troops
' were without provifions, and in the greateft dif-
* order.' In reply to this paragraph, I do affirm,
that the Portuguefe ftaid no longer time at Madrid,
than was neceflary to get the King proclaimed there,
which did not exceed ten days : then advanced as
far as Guadalaxara, about 60 miles beyond Madrid y
where we obliged part of the Duke o^ Anjou's troops,
to repafs the river •, but were not willing to engage
them, at a time, when we had reafon to exped: we
ihould have been joined in a few days, by the forces
with
A. 171 1. DEBATES. 399
with the King of Spain and Earl of Peterborough,
which was the only fecure method left us to aug-
ment our troops j for it would have been very im-
prudent to have attempted to form corps of the
Caftilians^ who were entirely devoted to the Duke of
Anjou's intereft. But all the Officers of the army
know, we were fo far from wanting provifions our
felves, that we fent a convoy of 8000 loaves to
meet the King and the Earl of Peterborough^ which
(by their delay in not advancing fad enough) grew
mouldy •, and was afterwards pillaged by the pea-
fants. His Lordfhip's information of our want of
intelligence of the enemy^s motions, and of our dif-
order upon the retreat, are as great miftakes as the
former ; for the occafion of our advancing to Gua^
dalaxara was purely to pofb ourfelves in fuch a man-
ner, as to prevent the enemy from marching or fend-
ing detachments to intercept the Kingof 6'/>^/« ; and
when we had reafon to believe him out of danger,
we returned to Guadalaxara^ there to be joined by
the King and Earl of Peterborough *, nor was it pofii-
ble for his Lordfhip to have feen our diforder had
there been any, becaufe, as I have already obferved,
he came not to Guadalajara himfelf, till Ibme days
after we had been encamped there.
Notwithftanding the Earl q{ Peterborough is pleafed
to fay, ' That we loft 5000 men in the the re-
* treat to Valencia^ without a blow, and entirely
* ruined our whole cavalry.* Tis certain, our lofs
upon that occafion, was very inconfiderable, if any,
and the retreat made in fo good order, that the ene-
my (fuperior as they were in number) never durft
venture to attack us, after the warm reception 22
of their fquadrons met with from two battalions un-
der the command of Colonel Wade, in the town of
Villa-Nova, notwithftanding we virere, obliged to
crofs plains and rivers in their view.
And
40O rARLlAJYlKINlAKY -M. I/II.
And though his Lordfhip avers in his anfwer to
this queflion, ' That this retreat was made a-
' gainft the King's opinion, and that of all his of-
* ficers and Minifters.' It is certain, the retreat
was concerted and agreed upon in a council of
war : 'Tis true fome perfons about the King feemed,
at firft, inclinable to have taken quarters in Caftile^
but that was foon after found impradlicable ; for
none of thofe Spaniards, who were bed acquainted
with the country, could make a difpofition of
quarters, where the troops could be fecure ; and
therefore it was refolved immediately to crofs the
'Tag us, before the approaching rains fiiould have ren-
dered the fords impradicable -, which being done,
our next defign was to have lodged our felves behind
the river Xucar : But neither could this be done,
without taking a fmall town with a caftle upon that
river, that commanded a bridge, where the enemy
had a garrifon ; and therefore a difpofition was made
for attacking this town ; but by the delay of the
King's Generals the execution of this matter was
fo long deferred, that the enemy had already rein-
forced their garrifon, and were advanced fo near us
with a fuperior fotce, that it was not thought ad-
vifable to attempt the place. Thus the only refource
left us was the kingdom of Valencia, whither we
were abfolutely obliged to retreat, that we might
preferve our communication with the feas, and can-
ton with fecurity.
Nor is it to be wondered at, that Count Noyelles,
in his letter to the Earl of Peterborough, fhould feem
diffatisfied with the meafures that were then taken,
fince 'tis well known, that General ufed underhand
to ridicule thofe very opinions in councils of war,
to which he had given his aflfent: For, being difap-
pointed of the command of the army, (which was
what he expeded at his firft arrival) he feemed re-
folved, that no other General ftiould have an army
to
A. I7IT. DEBATES. 401
to command. 'Tis very notorious, that a Dutch
and Spanijh battalion, with a detachmerlt o{ Englijh
and Portugueze^ amounting to above 3000 men,
were fent to Cuenca^ and thrown away there (after
it had been refolved to retreat to Valencia) purely to
fatisfy his importunity •, for I always forefaw it
would be impoiTible to protedl a garrifon at that
diftance from our quarters : But what is (till more
extraordinary, the fending the King's troops into
Arragon with part of the Dutch^ who might other-
wife have been at the battle of Almanza^ was ano-
ther fatal effect: of Count Noyelles^s advice.
In the Earl of Peterborough's anfwer to the fourth
queftion, he is pleafed to fay, > ' That feveral
' councils of war were held in the month of Janu-
* ary at Valencia^ about the time that intelligence
' was brought that the forces under the Earl Rivers
' were entered into the Mediterranean^ in order to
* adjuft the meaHires for the enfuing campaign :
* That the matters therein debated were principally,
* whether the army fhould march towards Madrid^
' or feek the enemy : In the debates, the Earl of
* Peterborough pofitively affures, that the Earl of
* Galway^ Mr. Stanhope^ and the Lord 'Tyrawky^
' fupported thofe meafures with the Portugueze Ge-
* neral -, and that the King, the Count de Noyelles^
' the Spanijh Generals and Minifters, with himfelf,
* argued ftrongly againft thofe meafures, as highly
* dangerous and impradticable ; and this in repeated
' councils of war, till, at laft, the Earl of Peterbo-
' roughs follicited by the King of Spain to renew the
' debate, defired the King that he would order all
* called to the council, to bring their opinions in
* writing, that every body's opinion, and reafons
* for that opinion, might appear, and be known to
* the world ; which according to the King's com-
* mands; were put in writing, and delivered at the
* council.'
Vol. Y. Pd la
In reply to this aflertion, I would beg leave to
appeal to your Lordfhips memories, whether, upon
the firfl mention of thefe refolutions in this moft
honourable houfe, the Earl did not as pofitively
affirm, ' That the conclufive council for the opera-
' tions of the enfuing campaign was held on the
' 15th o^ January, and whether he did not offer to
* depofe on oath, that in that very council, no per-
' fon whatever was of opinion for making an offen-
* five war, and againft dividing the troops, but the
' Lord 7yrawle}\ Mr. Stanhope, and I ?' Soon after,
indeed, upon farther recoiled ion, he was pleafed to
add the Marquis das Minas to our number ; and I
obferve, he has fince given himfelf a much larger
latitude, both as to the time of holding that coun-
cil, and as to the perfons who voted for an offenfive
war. His Lordfliip is now fo far from confining
himfelf to a day, that he takes in the whole month,
and, by accufing us more modeilly, for having
oppofed only the King, Count Noyelles, him-
felf, and the Spanijh Generals and Minifters, leaves
half the council on our fide ; for fuppofing all the
SpaniJIo Generals and Minifters to have alTifted at
that council, there could only have been twelve per-
fons there, viz. Prince Lichtenftein, Count Oropeza^
Count Corfana, Count Cardona, Count NoyeUes, my
Lord Peterborough, the Marquis das Minas, Count
d^AjJiimar, my Lord 'Tyrawley, Mr. Stanhape, Mon-
fieur Freinjham, and I. The laft fix his Lordfhip
has plainly left on our fide ; but my Lord Tyrawley
pofitively affirms, Count Oropeza was of the fame
opinion, and believes Count Corfana was fo too.
Thus, taking the matter as the Earl of Peterborough
is pleafed to ftate it, we had an equality ; and as
my Lord Tyrawley remembers, the greater number
of our party.
Perhaps when my Lord Peterborough contends (o
pofitively to prove that council of the 15th of Ja-
nuary conclufive, he was led into that error, by
the
A. i7ir. DEBATES. 403
the miflake in my Lord Sunderland's letter, in an-
fwer to one of Mr. Stanhope's of January 15th ;
but he has fince been pleafed to allow, that the
council of the 15th, was not conclufive, and that
many more fubfequent councils were held, which
determined the operations of the enfuing campaign,
wherein he voted himfelf for marching to Madrid^
by the way of Arragon^ which, I fhould have ima-
gined, had left no farther room to mention our opi-
nions of the 25th •, but, becaufe he is flill refolved
to make good his charge againft my Lord Tyrawley^
Mr. Stanhope^ and me, he affirms to your Lordlhips^
* That the occafion of that change in the fabfequent
' council was, becaufe the opinion of the m.ajority
* had been over-ruled by a Minifter of her Ma-
' jefly, afluring, that the Queen had given him
' orders to declare in her name, that her poiitive
' orders were, that they fhould feek the enemy,
' march to Madrid^ and not divide the troops, up-
' on any account whatfoever.'
I muft confefs, I do not conceive that it imports
me much to reply to this part of the Earl's anfwer,
nor fhall I attempt to make an imperfedl defence
for an abfent man *, for if Mr. Stanhope was here, I
doubt not but he would be able fufficiently to juftify
his own condudl in this affair : Yet I cannot help
flying, that even malice itfelf has never yet fug-
gefted, that my Lord Tyrawley^ Mr. Stanhope^ and
I, did not adl, on that occafion, with great integri-
ty, according to the befl of our underftandings -,
nor (with great fubmiffion to this mod honourable
houfe) fhall I ever be afhamed to own an opinion,
which was then, not only the common fenfe of the
army, but agreeable to the defires and intereft of
the whole kingdom of England. In the Earl of
P^/^r^^r^/(g-/j's farther queft ion, he is pleafed to fay,—
* That notwithftanding this, the Earl of Galway
' brought the army into the plains of Valencia^ the
D d 2 * direct
AOA. r AR LI AMK N lARY -tt.. I7II.
^ direct contrary rout to that of ylrragcn, and into
* all thofe dangers which he was to avoid, by
^ * marching by the head of the Tagus.^ In reply
to this anfwer I fhall only obferve, that I had not
the command of that army (which confided of three
feparate bodies, Englijh^ Porttigueze^ and Dutch) but
the Marquis das Mmas, from whom I always re-
ceived orders j and the battle of Almanza was fought
by the unanimous approbation of a council of war,
nor could the relblutions of that council have ever
been executed, had there been the lead difference in
opinion, becaufe each commander of a feparate corps
might have refufed to march.
For the occafion of our moving towards Almanza^
I muft beg leave to refer to my narrative, where I
have mentioned more at large, that in order to exe-
cute the refolutions of thofe councils of war, where
it was agreed, we fhould march to Madrid by the
way of Arragon^ but firft to deftroy the enemy's
magazines on the frontiers of Valencia^ I went with
the Marquis das Minas in the beginning of Aprils
to Tecla^ where the enemy's chief magazines lay,
and from thence to Villena^ where we had advice
of their troops being aifembled at Almanza^ upon
which that council was held, wherein the battle was
unanimoufly refolved on. The Ezr\ of Peter borot^gh
is pleafed to add a reafon for his opinion, — ' That
*• the Duke of Savoy and Prince Eugene had declared
* their fentiments for a defend ve war at that time in
* Spain, and had communicated their thoughts to
' Charles III, upon that fubjecl, to the certain know-
* ledge of the Earl of Peterhrough, as he can make
' appear by authentick papers from the King of
* Spain.'
1 fhall not take upon me to deny a matter of
fad, which his Lordfhip fo podtively affirms, but
/ I have been credibly informed, that the Duke of
Marlhorjugh and my Lord Godolphin^ did both of
them
A. 171 1. DEBATES. 405
them aflfure this mofl honourable houfe, that the
true project againfl: Thoulon^ was not concerted by
the Earl of Peterborough^ Prince Eugene^ and the
Duke of Savoy ; but firft^ {tx. on foot by the Duke
of Marlborough with Count Maffey in Flanders^ and
iinifhed in England^ with the Counts Maffey and
Brian f on *, but did not require that any troops ihould
be fent from Spain •, nor was ever communicated to
the Earl of Peterborough •, which, indeed, his Lord-
fhip feems to be aware of, when he fays, not long
after, that the project againfl Thoulon^ as fettled by
him, had been fo altered, that the Duke of Savoy
publickly declared his diflike of engaging in it.
And yet it is mofl certain, that his Royal High-
nefs did engage in an attempt againfl l!houlon^ pur-
fuant to the projed: concerted in England •, and
though that attempt did not prove entirely fuccefs-
ful, it had a very good effedt, for thereby a great
body of the enemy's troops were diverted from acl-
ing el fe where •, and a confiderable damage was done
to the fieet and magazines of France.
What his Lordfhip fays, concerning a projed:
that was formed for the taking of Origuela be-
fore the opening of the campaign, is very true ;
but that proje(5l being afterwards found impradlica-
ble, for want of provifions, and the campaign
drawing near, the Earl River sh troops, which had
been quartered, after their landing at yf/zV^;^/, in the
nearefl and mofl commodious towns for their recep-
tion, were ordered to remove to Oya de Caftalla,
two fliort days march from the places where they
lay before, that the enemy might not get betv/een
them and the reft of our quarters, to furprize us.
In the Earl's anfwer to the fifth queilion, he
fays, ' The King of Spain^ when the troops
' were marching into Murcia towards the enemy,
* afTembled a council of war, to no other pur-
' pofe, but to fend by th^ hands of his Secretary
* a protefl, with his reafons why he would not
D d 3 * march
4o6 Parliamentary A.1711.
* march with the army, but go to prote6t his fub-
* jeds in Catalonia-, the contents of which protell
* the Earl very well remembers, having had a copy
* of it by the King's ord^r.' His Lordfhip's me-
mory, as pofitive as he is, muft have failed him ex-
treamly in this matter, for the army never did
march into Murcia^ nor any part of it, except a
detachment of the troops under his Lordfhip's
command, which returned from thence with very
ill fuccefs •, and whatever he may aver to have been
the reafon of the King of Spain's leaving the army,
and going to Catalonia^ 'tis certain, his journey
thither was fixed long before the army affembled,
for no other reafon, that I ever yet heard of, but
becaufe he had a mind to redrefs fome diforders
there ♦, and his Majefty always promifed to be back
again by the time our army fhould be ready to
take the fiekl : And it is notorioufly known, that
the reafons for that journey were thought fo infuf-
ficient, that not only all the foreign Generals and
Minifters, but even the city and kingdom of Va-
lencia, by their deputies, proteft ed againft it.
As to what the Earl of Peterborough is pleafed to
fay, concerning thofe inftruments zvhich he has to pro-
duce, as proofs of the King of SpainV having been
ever -ruled, on many occqfions, in what he propofed for
the publick fervice. 1 can only reply, that I do
not remember to have feen any of thofe proofs, ex-
cept a letter of the King of Spain to his Lord-
Ihip, where his Majefty obferves, that the Englifh,
Portuguefe and Butch Generals had refufed him
men to fend to Majorca, in councils of war held on
tilt ijth and 19th of January-, from whence, I
hope, I may reafonably infer, the great probability
of thofe Generals having been of opinion, but two
days before, againfl: dividing the troops : And I
mufl fay, my behaviour to the King of Spain,
whilft I had the honour to ferve under him, was
fuch
A. 1712. DEBATES. 407
fuch, that he never had occafion to complain a-
gainft me, by his Miniflers to the Queen, as he
did moil flrenuoufly, by the Count de Gallas^ againft
the Earl of Peterborough.
G A L W A Y,
The following meflage was on the 14th of Ja-
nuary^ fent to both houfes.
ANNE R,
TJER Mdjefty was fully determined to have been
perfonally pre fent in Parliament this day^ but be-
ing prevented by a fudden return of the gout .^ her Ma-
jejiy^ in hopes fhe may^ by the bleffmg of God^ be able
to fpeak to both her houfes of Parliament^ on Tuefday
next^ defires this houfe may forthwith adjourn itfelf
to Tuefday next^ the i yth this inflant January.
Both houfes readily complied with this meflage :
But before the fame was by Mr. Secretary St, John
delivered to the Commons, they orderted their
Speaker to ifllie out his warrants to the Clerk of the Nine new
crown, to make out nine new writs for the eledlingw"^^ ordered
as many m.embers called up to the houfe of Peers, mons^r^the
viz, Allen Bathurfi,, Efq; Charles Lord Bruce,, nerPeerl?^
James Lord Compton •, Sir 'Thomas PFilloughby, Bart.
Samuel Mafiam, Efq; Henry Pagett^ Efq-, Sir 'Thomas
Manfel, Bart. Thomas Lord Windfor,, and Thomas
Foley ^ Efq; The fame day Mr. Finch prefented to
the houfe, a bill to repeal the a5f for naturalizing fo-
reign Proteflants^ which was read the firft time, and
ordered a fecond reading.
It was that morning doubted, whether the Queen
would, that day, goto the houfe of Peers ? But about
eleven o'clock, it it was publickly known, that her
Maiefly being flill indifpofed, fhe had refolved to
P d 4 fena
400 PARLIAMENT ARY A. I712.
fend another mefTage to both houfes. Accordingly
about noon, Mr. Secretary Sl John delivered to
the Commons the following paper.
ANNE R.
' I' T T ER Majefly not having yet recovered
' JTX ftrength enough, fince the return of the
' Gou^, to be prefent this day in perfon, and being
' unwilling that the publick bufinefs fhould receive
' any delay, thinks fit to communicate to this houfe
* the fubftance of what (lie intended to have fpoke.
. 2. ' At the opening of this fefTion, her Majefly
' acquainted her Parliament, that both time and
* place were appointed for the meeting of the Pie-
' nipotentiaries of all the confederates, to treat with
' thofe of the enemy concerning a general peace ;
' and alfo expreffed the care which fhe intended to
* take of her Allies, and the ftri6l union in which
' fhe propofed to join with them, in order to obtain
* a good peace, and to^uaranty and fupport it v/hen
' obtained.
3. ' Her Majefly can now tell you, that her
* Plenipotentiaries are arrived at Utrecht^ and have
' begun, in purfuance of their inflrudions, to con-
* cert the mofl proper ways of procuring a jufl fa-
' tisfadion to all in alliance with her, according to
* their feveral treaties, and particularly with relati-
* on to Spain and the Weft -Indies,
4. ' You may depend on her Majefly's com-
' municating to her Parliament the terms of peace,
' before the fame fhall be concluded.
5. ' The world will now fee, how groundlefs
' thofe reports are, which have been fpread abroad
by
A. 1712. DEBATES.
* by men of evil intentions, to ferve the worft de-
* figns, as if a feparate peace had been treated, for
* which there has not been the leaft colour given.
6. * Her Majefty's Minifters have diredlions to
* propofe, that a day may be fixed for the finifhing,
* as was done for the commencement of this treaty,
* and in the mean time, all the preparations are
* haltening for an early campaign. '
7. ' The zeal which this houfe has already ex-
' preffed, is a fure pledge that they will proceed in
' giving the necelTary difpatch to the fupplies which
' have been afked of them.
8. ' Her Majefly finds it necefTary to obferve,
* how great licence is taken in publifhing falfe
' and fcandalous libels, fuch as are a reproach to
' any government. This evil feems to be grown too
' ilrong for the laws now in force ; it is therefore
' recommended to you to find a remedy equal to the
* mifchief.'
Sl James'Sy 1 7 January^ iyii-2,
UP O N the reading of this mefiage, the Com-
mons refolved, nemine contradicenie^ that an
humble addrefs be made to her Majefly, returning
her Majefty the humble thanks of this houfe for her
moft gracious mefiage, efpecially, for her great
goodnefs and condefcenfion in promifing to com-
municate to her Parliament the terms of peace be-
fore the fame fliall be concluded, whereby thofe
groundlefs and feditious reports muft be filenced,
which have been induftrioufly fpread abroad, to
the difhonour of her Majefly, and to ferve defigns,
which the authors of them have not dared pub-
licity to own : And to afiTure her Majefly, that her
approbation of the zeal which this houfe has already
fhewn^
4IO X^ARL I AMEN TARY A.I712.
fhewn, will oblige them to continue their beft endea-
vours, in giving the neceflTary difpatch to the fup-
plies, and that this houfe will take the moft effedual
courfe to put a flop to the publifhing thofe falfe and
fcditious libels, which have expofed her Majefty's
government to danger and reproach. And a Com-
mittee was appointed to draw up an addrefs upon the
faid refolution.
This done, Mr. Lockhart acquainted the houfe
(from the CommifTioners for taking, examining,
and Hating the publick accompts) that Mr. Walpole
had, the MorJay before, brought Mr. Man to the
faid CommifTioners, with an affidavit ready prepar-
ed, and defired he might be fworn to it : And that
the CommiiTioners did fwear him to the fame ; and
afterwards examined him themfelves, and took his
Proceedings anfwer in writing : And that the CommifTioners
'^ons'aS^ft had directed him to prefent to the houfe the dcpo-
Mr, Wai- fiticn of Mr. Robert Man^ proving, that he is agent
^*''* to Robert V/alplc^ Efq; and that he has received fe-
veral fums of money on accompt of two contra6i:s,
for foraging the troops in North-Britain ; and alfa
the depofition of Mr. Robert Man. And he pre-
fented the fame to the houfe accordingly : And the
titles of the faid feveral depofitions were read.
Then the order of the day was read, for taking
into confideration the report from the faid Com-
mifToners the 21ft of December laft : Whereupon
the houfe proceeded to take into confideration, that
part of the faid report which relates to the contradls
• for forage in North-Britain : And the fame was
read, as were alfo feveral depofitions of Mr. Man.
And Mr. John Montgomery was called in, and exa-
mined : And the two notes mentioned in the report,
and feveral receipts for monies paid by Mr. Mont-
gomery to Mr. Man, were delivered in, and read ;
and then Mr. Montgomery withdrew. Mr. JValpole
was likewife heard in his place : And being with-
drawn.
A. 1712. DEBATES. 411
drawn, there arofe a very warm debate, which lafted
till paft ten at night ; when the houfe came to thefe
refolutions, viz,
1. * That Robert JValpok^ Efq-, (a member of this
* houfe) in receiving the fum of 500 guineas, and in
' taking a note for 500 /. more, on account of two
* contrads, for forage of her Majefty's troops, quar-
* tered in North-Britain^ made by him when Secre-
* tary at war, purfuant to a power granted to him by
' the late Lord Treafurer, is guilty of a high breach
* of truft, and notorious corruption.'
2. ' That the faid Robert IValpole^ Efq; be for
* the faid offence committed prifoner to the tower of
* London^ during the pleafure of this houfe ; and that
* Mr. Speaker do iffue his warrant accordingly.'
Then a motion being made and the queftion put,
that the houfe fhould adjourn, it pafled in the ne-
gative ; and after a fmall debate it was refolved
(though by a fmall majority of about 30 voices)
That /^^ y^/W Robert Walpole, Efq-, be for the faid
offence alfo expelled the houfe^ and that the report of
the Commiffioners of publick accompts be taken into far-
ther conftderation that day feven -night.
According to thefe refolutions, Mr. Walpole fur-
rendered himfelf the next morning prifoner to the
tower ; and a fpeech made againft him, on thatocca-
fion, was a day or two after printed as follows.
S I R,
I See how late it is, and therefore will take up
but little of your time in fupporting the mo-
tion that is made you, which I think mjuftice to
ourfehes^ and that trufl the country has repofed
in us, is yet necefTary to make the proceedings of
this day compleat, and give that fatisfadion to
' the
412 r ARLI AME N T ARY A. I712.
' the nation, which, I am fatisfiedj isexpeded from
' us in this affair.
* Sir, we have been to day, and are yet fitting
' in judgment upon no lefs a crime than notorious
' corruption in the executiyig offices of truft ; which is
* certainly a proMice not only the mofl vile and de-
* teftahle in itfelf, but the moii pernicious, and (ex-
*^ cept treaibn) the moji deftru5live to every conflitu-
' tion or government, wherever it prevails. And as
* the crime itfelf is of the worft fort that can he in any
* government, fo I cannot help obferving to you,
' that in the in fiance you have had to day before
* you, XAitxt 2xt fome circuwfiances ^\i\c^ make this
' the worfi even di that fort of any that are yet upon
* your journals. In every other inflance that lean
* find there, it is plain it was t\\Q profit that tempted
' and prevailed upon t\it party to commit the crime :
' But this Gentleman, if we would believe his own,
' and his evidence's, confefTion, has done it only to
' gratify the prodigality of his honour, and give an
' extraordinary bounty to a creature of his own. Or,
* if we take it the other way, (which I own is my
* belief) that xht profit was to himfef, it is ftill the
' mofl extraordinary cafe that appears there : For in
' all other inflances of fraud, what the nation lofl,
' xht party got : But in this, for every hundred pounds
* of publick money, which he was to get for making
* this contra6l, it has cod the nation, as it flands
* computed upon your report, very near a thoufand :
* So that I leave xh^falf, with being of the worft
' fort (except treafon) that can be ; and this infiance^
' with being the worft o^ that fort (except whatypt
' lies upon your table) that has ever yet appeared
' before this houfe.
' Sir, I am forry to obferve both from this in-
* fiance that has been proved before you to day,
' and from others that lie upon your table, befides
* what future difcoveries we may reafonably expeft
' from
A. 1712. DEBATES.
from the induftry and integrity^ the conftancy and
courage^ of thofe Gentlemen, you have {o happily
chofe to be your Commijfioners of accompts \ that this
canker has not only taken very deep root among
fome, but, I beheve, we fhall find it hathy^r^^i
ilfelf almoft through every part of the late admi-
nifiration. Therefore, Sir, I hope yonrjudgment
in this cafe will be fuch, as all good judgment
ought to be, wherein the punifhing of the offender,
whether it be more or lefs, is not fo much to be
regarded, as that it may be fuch, as may fuffi-
ciendy deter others from daring to commit the
like praEiices hereafter.
' Sir, you have already fent the perfon that you
have found guilty of this foul crime to the Tower^
and fome gentlemen iliy, (though I can hardly
believe them) they think it punifhment fufficient :
I am fo far from thinking that a punifhment
adequate to the crime, that I am afraid, that all
that is in the power of this houfe to do, will not
be fufficient to put the inveterate and radicated
mifchief from amongfb us , and, as I faid before,
it is the remedying of the eviU not the punifhment of
the man^ which we ought chiefly to regard,
' For, Sir, it is very plain from the many inflances
which you have upon your journals, that abundant-
ly lefs crimes of no worfe fort than this is,, have
been punifhed, both by imprifonmeni^ and, what
you are now moved for, ey.pulfion ; and yet the
united force of thefe puniihments (which I think
is the moft this houfe can do) have been fo far
from being able to remedy the evil, that it has
increafed upon us.
* As to what you have already done, I own. Sir,
I think confinement of any fort very grievous to a
generous mind : But, Sir, there are confident tem-
pers in the world, that inflead of Handing corre<5l-
ed, can glory in their punifhments, be they what
fort they will. We all know an inflance, where
' an
' an hymn has been made even to the pillory it felf,
* by the wretch that was juft come out of it, I
* hope your member is not fo low as thd.t fello-w •,
« but give me leave to lay, I exped to fee fuch a
< parade made, and fuch a countenance fhewed him
* in his prifon, hyfome fort of perfons, who would
' be glad, for their own fakes ^ to {crtcn thQ foulnefs
< of the crime, as well as the perfon convided of it,
< that 1 am afraid that part of your judgm.ent will
< not fit fo heavy on him as it ought to do. Your
* worthy member Sir Peter King fays, he as much
' deferves to be hanged as thefe two punifhments -, I
* do not much differ from that worthy Gentleman ;
* for I think a man that is in polls of near five
* thoufand pounds a year, and cannot be content with
' that, but muft commit fuch pradtices as thefe are,
* deferves little lefs •, but I am fenfible how late it
' is, therefore, ^c.
TheQ2.een's The mefTage which the Queen fent by the Lord
meffageto Kccper to the houfe of Lords, was exa6tly the
hlxii^jan. fame with that fent to the houfe of Commons,
except only that in (lead of the feventh paragraph,
about the y/^/)/)//>j, which was left out in that of
the Lords, her Majefty took notice of the affair
relating to the Scotch Peers in the following
words.
' There is one thing in which her Majefty's fub-
* jecls of the north part of this kingdom are ex-
* treamly concerned : The di{lin6lion fuch of them
' who were Peers o{ Scotland before the Union muft
' lie under, if the perogative of the crown is ftricft-
' Jy barred againft them alone. This is a matter
' which fen fibly affects her Majefty, andftiethere-
' fore lays it before this houfe, earneftly defiring
' their advice and concurrence, in finding out the
* beft method of fettling this affair to the fatisfadli-
* on of the v/hole kingdom.'
Here-
27.
A. 1712. DEBATES. 415
Hereupon the Lords refolved to prefent an ad-
drefs of thanks to her Majefty, for her gracious
meflage : And upon a motion made by the Lord
Somers^ it was agreed that to thefe words, and
particularly 'uoith relation to Spain and the Weft- Indies,
the following fhould be added, viz, which are of fo
great concern to the fafety and commerce of your Ma-
jeftfs kingdo?n. The fame day, upon a motion
made by the Earl of Dartmouth for giving fatisfac-
tion to the Scotch Peers, another Peer faid, he
fhould be glad to know what fatisfadion that fhould
be *, but all being filent, that bufinefs was put off to
another day.
On the i^t\i o^ January^ the houfe of Lords, in
a body, waited on the Queen with the following
addrefs.
' "T T 7 E your Majefty's moft dutiful and loyal
' Y Y fubjedls, the Lords fpiritual and temporal
* in Parliament afiembled, beg leave to exprefs our
' extream concern for the continuance of your Ma-
' jefty's indifpofition, by which we are deprived of
' the honour of your royal prefence ; and at the
' fame time, befeech your Majefty to accept of the
' mofb humble thanks of this houfe, for your moft
' gracious meffage on the feventcf nth inftant, where-
* in your Majefty is pleafed to exprefs your juft
' care for all your allies, and the ftrifl union, in
* which your Majefty propofes to join with them in
< order to obtain a good peace, and to guaranty
* and fupport it when obtained •, and for the inftruc-
* tions your Majefty has given to your plenipoten-
* tiaries, to concert the moft proper way of pro-
* curing a juft fatisfadlion to all in alliance with your
* Majefty, according to their feveral treaties, and
' particularly with relation to Spain and the JVcft-
' Indies^ which are of fo great concern to the fafety
' and commerce of your Majefty's kingdoms,
' We
410 x-AKi^iAiviiiiNi/ijKir n. iyi2,
^ We think ourfelves obliged more efpecially to
* return our humbleft acknowledgment, for your
* Majeily's concefcenfion, in acquainting this houfe
* with the Heps already taken in relation to the
' peace, and for the aflfurance your Majefty is pleaf-
* ed to give of communicating to this houfe the
' terms of peace, before the fame fhall be conclud-
* ed. Your Majefly's declaration, that there has
' not been the lead colour given for the falfe and
' fcandalous reports that have been fpread, that a
' feparate peace has been treated, muft be the
* higheft fatisfadion to all your people -, and we
' readily embrace this opportunity to afliire your
' Majefty, that we entirely rely upon your great
' wifdom, in fettling the terms of peace.'
Her Majefty 's anfwer was as follows.
My Lords,
I Return you my moft hearty thanks for this ad-
drefs, and for the confidence you place in
me, which will better enable me to obtain fuch
terms as may be fafe and honourable for my own
fubjeds, and all our allies.'
Siv Gilbert Dolhen^ from the Committee appoint-
ed to draw up the addrefs of thanks to her Majefty,
reported the fame •, which with an amendment, was
agreed to, as follows.
Moft gracious Sovereign^
Commons < X I^ T E your Majcfty's moft dutiful and loyal
( y Y fubjeds, the Commons of Great Britain
** in Parliament afiembled, appear before your Ma-
* jefty with the greateft fatisfadion, to return our
* moft humble thanks for your Mvijefty's moft
* gracious meffage.
' Your Majefty has on all occafions, fliewn fuch
* atenderncfs and regard to the welfare of your
' people,
addrefs.
A. 1712. DEBATES. 417
* people, and fuch a generous and difmterefted con-
* cern for the fupport and advantage of your a'l-
* lies, in fo many inftances, during the profecutlon
' of the prefent war, that we have no reafon to
' doubt your Majefty's care of both in a treaty of
' peace •, and that the moft proper ways will he con^
' certed^ of procuring a jufi fatisfaBion to all in aU
' liance with your Majefty^ according to fever al trea-
' ties^ and particularly with relation to Spain a7id
« the Weft-Indies. However, we think ourfelves
' obh'ged, with the greateft gratitude, to acknow-
' ledge your Majefty's goodnefs and condefcenfion,
* in promifmg to communicate to your 'Parliament the
' terms for a general peace ^ before the fame fo all he con-
* eluded: And this, if any thing can, muft entirely
^ filence thofe feditious reports that have been indu-
« ftriouHy and malicioufly fpread abroad, to the
* difhonour of your Majefty, That a feparate peace
' has heen treated ; which can have been raifed only
* by fome fictious incendiaries, v;ho, to cover
' their own difaffedion to the prefent eftablifhment
* and adminiftration, and fuch defigns as they hav^
* not dared publickly to own, endeavour to diftra(5t
* your fubjedls with unreafonabie and groundlefs
* diftrufts and jealoufies.
' Your Majefty's approbation of the zeal your
* faithful Commons have already exprefled, for
* raifing the neceflary fuppliesj will engage them
* to continue their application, and to give all pof-
* fible difpatch thereunto.
* We are very fenfible how much the liberty of
* the prefs is abufed, by turning it into fuch a licen-
* tioufnefs as is a juft reproach to the nation, fince
* not only falfe and fcandalous libels are printed and
* publiftied againft your Majefty's government, but
* the moft horrid blafphemies againft God and reli-
* gion. And we beg leave humbly to aflure your
' Majefty, that we will do our utmoft to find out
Vol. V. E e 'a re-
Xa JX J-< X a^ iTX Xly i.^ JL XX XV 1
' a remedy equal to this mifchief, and that may
* efFe6lually cure it.'
The Commons in a body, having on Monday the
2 ift of January waited on the Queen at St. Jameses,
with their addrefs, according to her Majefty's ap-
pointment, flie returned to them the following
anfwer.
* T Have received fo many proofs of the loyalty of
' J^ this houfe of Commons^ and of their love of our
* country, that the beft anfwer which I can return
' to their moft dutiful addrefs, is to give you my
' hearty thanks for ii, and to repeat not only that
* good opinion which I have of my Commons ^ but
* aifo my aifurance, that the confidence you place
* in mc, fhall be anfwered by my utmofl endeavours^
' to promote the fafety and advantage of all my
* fubjeds.'
Two days before, January 19, me houfe of
Commons agreed to the refolutions taken the i8th,
in the grand Committee about the fupply ; after
which Mr. Lockhart^ from the Commiflioners of
publick accompts, acquainted the houfe. That
when Mr. Robert Man attended them on Monday^
January 14. before, they directed him to bring to
them the fecond note in his depofitions, mentioned
to be given by Mr. Montgomery to Mr. PTalpole^
and that upon his attending them the next day, he
refufed to deliver a copy of the faid note, or to be
examined, or to do any thing more, than what he
had done before ; faying. He was fo advifed by coun-
mfoXUfi^' Whereupon the houfe ordered. That the faid
into the Mr. Robert Man^ for having contemptuoufly re-
thcSeJjeant ^jf^d to be farther examined before the Commif-
at arms, fioners of accompts, be taken into the cuftody of
the Serjeant at arms attending the houfe.
On
tolerate epiC*
pacy in
A. 1712. DEBATES. 419
On the 2 1 ft of January^ upon a motion made in
the houle of Commons, for reading the ad of the
firft Parliam.ent of his late Majefty King William in
Scotland^ pafTed the 29th of June^ 16^5, intituled,
Jn a5t agaiTifi irregular baptifm and marriage^ the
fame was read accordingly j after which a bill was
ordered to be brought in xo prevent the diftur hi ng a yiW to
tbofe of thi epif copal communion ^ in that part ^/ Great
Britain called Scotland, in the exercife of their religious Scotland,
worfhip, and in the ufe of the liturgy of the church ^/betrought
England, and for repealing an a5f paffed in the Par- in.
liament of Scotland, intituled, An aB againfi irre-
gular haptifms and marriages : And Sir Simeo^i Stuart^
Lord Lyon^ and Mr. Carnegy were appointed to
bring in the lame.
After this, Mr. Secretary St. John delivered tO
the houfe the following mefifage from her Majefty.
ANNE R.
' T T E R Majefty thinks fit to inform the houfe, Meffage
* 11 that in purfuance of an ac^, intituled. An ^^en tothe
* a5f for granting to her Majejiy fever al duties on commons
* coals ^ for building fifty new churches in and about the fp^rfifty'^*^"
* cities of London and Weftminfter, and fuburbs churches.
* thereof.^ and other purpofes therein mentioned \ fhe if-
* fued out her commiflion under the great feal of
* Great-Britain^ authorizing feveral perfons to exe*
* cute the powers therein mentioned -, that her Ma-
* jefty finding, by the report of the Commiflioners,
* that they have not been able, within the time li-
* mi ted, fully to anfwer the purpofes of the faid
* commiffion, earneftly recommends to her Parlia-
* ment, that the time may be enlarged for effedling
* this work, and fuch farther powers may be given,
* as ftiall appear neceflary to render her Majefty's
' pious intentions more efFedual.*
Elereupon it was ordered, and refolved, that the
duplicate of the report prefented to the Queen by
Ee 2 the
the faid CommifTioners, and her Majefty's gracious
meffage be taken into confideration the next day,
A bill or- which was done accordingly ; and thereupon a bill
brought in w^s ordered to be brought in/ for enlarging the
thereupon, time givcH to the CommifTiOncrs appointed by her
Majefty, purfuant to an a£l intituled, y^n ah for
granting to her Majefty feveral duties on coals,
for building fifty new churches in and about the cities of
London and Weftminfter, andfuburbs thereof, and
other purpofes therein mentioned ; and alio for giving
the faid CommifTioners farther powers, for the bet-
ter effeding the purpofes in the faid ad mentioned.
Mr. JValpok having been attacked, found guilty,
and punifhed, it was rightly conjectured by all con-
cerned in publick affairs, that the Duke of Marl-
borough would not efcape without a cenfure, which
feemed neceffary to juflify his being removed from
all his employments. Accordingly, on nurfday the
24th of January, the Commons, in a full houfe,
proceeded to take into confideration the report of
the CommifTioners of the publick a ccompts ; and
that part of the faid report, relating to the Duke
of Marlborough, which was not perufed the Thurfday
before, was now read, as were alfo the minutes of
Mr. Cardonnell's depofition about allowances by
the contradlors for bread and bread-waggons, taken
and produced by the CommifTioners of accompts ;
and the tranflations of the certificates of two perfons
beyond fea, the one of Jacob de Mercado, the othet
of Don Manuel Mardofa, relating to the faid al-
Debates in lowauccs. Upon the reading of thofe papers there
the houfe of ^^^^^ ^ warm debate, that lafled from three in the
Commons i ir 1 n 1 • 1
about the aftcrnoon, till near half an hour pall eleven at night,
ai!^1ik' ^^^ ^^ which many fpeeches were made for and
roagb, againft his Grace. Sir John Germain was alfo called
in, and being examined at the bar, faid, in his
Grace's behalf, that the allowances- given to his
Grace by the contractors of bread and bread- waggons
were cuftomary perquifites of the Commander in
chiel
A. 1712. DEBATES. 421
chief in Flanders •, and as fuch formerly allowed to
Prince Waldec^ under whom Sir John Germain had
ferved. But neverthelefs it was refolved by a ma-
jority of above a hundred voices, i. ' That the Refoiutionj
' taking feveral fums of money annually, by the g^j"" ^i«
* Duke of Marlborough^ from the contradors for
* furnifhing the bread and bread- waggons for the
* army in the low countries were unwarrantable and
* illegal.' A motion being made and the queftion
put, that the houfe do adjourn^ it paffed in the nega-
tive : After which it was alfo refolved by a great
majority, ' That the two and an half per cent, de-
* duded from the foreign troops in her Majefty's
* pay, is publick money and ought to be accounted
' for.* Andy ' That the .faid refolutions belaid Laid before
* before her Majefty by the whole houfe.' Accord-
ingly, on Saturday the 26th o^ January^ the houfe
with their Speaker, laid the faid refolutions before
the Queen, who thereupon was plsafed to make this
anfwer.
* Y Have a great regard for whatever is reprefented
' j_ to iTie by my Commons, and will do my part
* to redrefs what you complain of.'
The day before the Commons ordered, that the
report of the Commiflioners of publick accounts be
taken into confideration that day feven-night; and
refolved to addrefs her Majefby, that the Barrier- Barrier-
Treaty with the States- General might be laid before j^H^r.'^"
them. On the 2 8 th a hill was ordered to be brought Bin for ftat-
in to continue the a£l of the laft fejfion of Parliament^ ud^ ac^^*
for takings examining^ and fiat ing the publick accompts compts
of the kingdom^ for one year longer : And then ^^
Mr. Secretary St. John prefented to the houfe, by
her Majefty's command, a ftate of the war in Flan- state of war
ders from the year 17 10 to the year 171 1, in- ^^e elm-
clufive ; as alfo ftates of the war in Portugal and ^ons.
Spain J a ftate of the fubfidies annually granted by
E e 3 Parlia-
422 Parliamentary A. 1712.
Parliament, and payable to foreign Princes, pur-
fuant to the refpedive treaties for the commence-
ment of the war •, and a {late of the fea fervice -,
which papers were ordered to lie on the table.
It was afterwards refolved to addrefs her Majefty,
* That fhe would be pleafed to dire6t the proper
<- officers to lay before the houfe an account how
« muchof the 35,302,107/ iS s. gd. of the money
* granted by Parliament and iffued for the publlcic
* fervice, to Chriftmas 17 10, (which was humbly
* reprefented to her Majefty by this houfe, the laft
* fefTion of Parliament to remain unaccounted for)
* has been fmce accounted for, by whom, and
* when ; and alfo what obftruclions have arifen in
* accounting for the fame.'
The fame day Mr. Secretary St. John prefented
to the houfe a copy of the treaty between her Ma-
jefty and the States-General, for fe curing ihefuccejjion
to the rr^^'w^/ Great- Britain, and for fettling the bar-
rier for the States-General againft France, concluded
at the Hague, the 29/i? of Odlober, 1709. a copy
of the feparate article of that treaty, and a copy of
the fecond feparate article of the faid treaty, and
alfo tranflations of the faid treaties.
Proceedings The fame day, upon reading the order of the
of the Com- day, for the houfe to refolve itfelf into a Committee
SiTin'fa- ^ of the whole houfe, upon the bill to prevent the
^onv of epij-. difturbing thofe of the epifcopal communion, in
%c7EnT, that part of Great- Britain called Scotland^ in the
exercife of their religious worfhip, and in the ufe of
the liturgy of the Church o^ England -, and for repeal-
ing the a6b paiTed in the Parliament of Scotland,
intituled, yf« a^ againfl irregular haptifm^ and mar-
riages i it was ordered^ That it be an inftrudion to
the faid Committee, that they receive a claufe, to
oblige all perfons who (hall take the benefit of this
ad, to pray for her Majefty, the Princefs Sophia,
and th§ reft of the royal family 5 and that all other
preachers
A. 1712. DEBATES.
preachers and teachers in Scotland be obliged to do
the fame. After that, a petition o^JVilliam Caftares^
Principal of the college oi Edinburgh j Thomas Black-
well^ Profefibr of divinity at Aberdeen y and Robert
Baillie^ Minifler of Invernefs^ was offered to the houfe,
relating to the faid bill. And a motion being made,
and the queftion being put, that the faid petition be
brought up •, it pafled in the negative. A motion
was then made, and the queflion put, That it be an
in{lru6lion to the Committee, that they receive a
claufe to oblige all perfons in Scotland who have any
office, civil or military, or any falary, or place or
employment of profit under the crown, to attend divine
fervice according to the law of Scotland, and reftrain
them from going to epifcopal meetings : Which
alfo being carried in the negative, the houfe refolved
itfelf into a Committee of the whole houfe upon the
faid bill ; and having made feme progrefs therein,
the houfe adjourned till the 3ifl of January,
The Church of Scotland was not a little alarmed at
the defign of fetting up the common -prayer book in
that part of Great-Britain, and upon the firfl notice
that a bill for that purpofe was brought into the
houfe of Commons, the CommifTioners of the late
General AlTembly drew up the following repre-
fentation.
To the ^een's mojl Excellent Majejly,
The mojl humble reprefentation and petition of
the Commijjioners of the late General Affembly
cf the Church oyT Scotland.
May it pleafe your Majejly^
* ^ 1^ H E Church of Chrift in Scotland being, as
* X we apprehend, in hazard of fad alterations
* and innovations, inconfiftent v/ith, and contrary
[ to, that happy eftablifhment fecured to us by the
E e 4 * laws
424 rARLlAMJi^ilARY /I. I712.
< laws both of God and the reahrj, from a bill,
' intituled, A bill to prevent the dijlurhing thofe of
^ the epijcopal communion^ In that -part of Great-
^ Britain called Scotland,./;; the exercife of their r ell-
^ giotis worflnp^ and in the ufe of the liturgy of the
*• Church ^/England •, and for repealing an atl of Far-
^ liament, againjl irregular haptifm and marriages.
' We do. in all duty and humility fly to your Ma-
' jefty's royal protection, fo often and fo graciouily
* afiTured to us, both by your royal word and
^ letters.
' If the matters in queftion did only relate to our
^ own eafe, and better accommodation, we Ihould
V patiently bear the fame: But when we fee the
' glory of God, and the power and purity of our
* holy religion, and the ordinances of Jefits Chrift
^ in .this Church fo much concerned, and the peace
^ and quiet thereof, and of this whole country fo
^ vifibly.in danger, to the prejudice of your Ma-
^ jefty'^ honour- and. government, we cannot but
' hope your Majefly will allow us to plead our juit
' right, with that. gracious liberty you were pleafed
' to give to the meanefl of your fubjeds.
* When after the great and many hardfhips, trou-
? bles, and vicifijtudes, v/herewith the Church of
* Scotland\\2id\. been tolled, even from its firft refor-
^ mation from popery, it pleafed our gracious God,
* at, and by the ]ate revolution, to blefs us with a
* full and compleat reftitution, and that by the
* claim of right, and the acts of Parliament fol-
* lowing, viz, The p,th acf of the Parliament 1690,
* intituled, An a£f for ratifying the confejfion of faith ^
* and fettling preshyterian Church government'^ where-
^ by prefbyterian Church Government was efrablilh-
' ed, ratified and confirmed, as the only govern-
*■ ment oi Chrijl's Church within this kingdom, re-
* fcinding, annulling, and making void, all a(fl:s of
* Parliament, flatutes, and ordinances, to the con>
"^ trary j allowing and declaring the general meeting,
<and
A. 1712. DEBATES. 425
' and the reprefentatives of the minifters and elders,
*^ in whofe hands the exercife of the Church govern-
' ment is eftabhlhed, to have power to try and
' purge out all infufficient, negligent, fcandalous,
' and erroneous minifters, by due courfe of eccle-
* fiaftical procefs and cenfures -, and likewife to re-
' drefs all other Church diforders : By which ad it is
' evident, that prefbyterian Church government
' being thus eftablifhed, the minifters and elders of
' this Church have all the powers committed by our
< Lord and mafter, to his minifters and officers, to
«■ watch over his flock, and guard it againft all
* ufurpers and intruders. 2^/y, by the 29th ad of
* Parliament 1693, intituled. An a^ for fettling the
* qidet ayid peace of the Church : Whereby it is ex-
* prefly ftated and ordained, that no perfon be ad-
* mittcd or continued to be a minifter, or preach
* within this Church, unlefs he firft take and fub-
* fcribe the oath of allegiance and afTurance, and
* alfo fubfcribe the confeftion of faith, as the con-
* feflion of his faith : As likewife, that he owns and
* acknowledges prefbyterian Church government to
^ be the only government of this Church. And fur-
' ther, that he obferve the uniformity of worfhip,
* and of the adminiftration of all publick ordinances,
' as the fame are at prefent performed and allowed
> within this church , and that no minifter or
^ preacher be admitted or continued, unlefs he fub-
' fcribes to obferve, and do adually fee obferved,
^ the aforefaid uniformity. 3^/y, By the 2 2d ad ot
<^' the Parliament 1695, intituled, An atl againft
* intruding into Churches^ without a legal call or
* admiffion thereto: By which ad it is ftatuted and
* 'declared, that whofoever fhall intrude themfelves
* into any Church, or fhall exercife any part of the
^ minifteri^l fundion within any pari fh, without an
^ orderly call, from the heretors and elderfhip, and
^ leg^l admifTion from the preft)ytery of the bounds,
^ ftiali
426 Parliamentary A. 1712.
* lliall be removed, and alfo incapable for the
« fpace mentioned in the atH. And ^thly^ By the
' third ad of the Parliament 1702, intituled, An
' a5i for fecuring the true proteftant religion and
* preshytcrian government : Whereby the aforefaid
* act 1690, is fully ratified; by which adls, and
* fevcral others to that purpofe, which we humbly
< prefbme to lay together for your Majefty's more
* full information, we, with all fubmifTion, con-
^ ceive, that prefbyterian Church government is as
* fully fettled and fecured as could be devifed : And
* as the worfhip, difcipline, and government of this
* Church were complied with, and fubmitted to with-
' out any alteration, in all time fince the refor-
' mation, when prefbyterian government was efla-
' blifhed by lav/, fo there is no reafon to doubt,
* but the fame chearful and univerfal compliance
^ had been given thereto, at, and ever fince the
< late happy revolution, if it had not been for that
' woeful feed of difaffe^ion to the revohtiion^ and your
' ' Majejiy^s government^ as thereby eftablifhed, and
* which indeed has been the principal, if not the
* only caufe, of thefe few profecutions, that occa-
* fioned fo loud and unjufl a clamour.
' But that your Majefty may further be fatisfied
* of the injuilice of thefe calumnies, wherewith we
*^ are reproached for excefilve rigour, we cannot but
* lay before your Majefty this pregnant inftance of
' our moderation ; that fince our late eflablifhment,
* there have been taken in and continued hundreds
* of diflenting minifters, upon the eaficft terms ;
* and we are further aflured that when any juft
' trial fhall be made, we fhall ever be found inclin-
* ed to all that chrillian tendernefs, that can be ex-
* peded from fuch as fear God, and love our Lord
' Jefus Chrift in fincerity. Your Majefty tjien, by
' what is here hum.bly reprefented, may plainly per-
' ceive what fecurity we have had for our prefent
* fetdement before the Union j but then in order to
' the
A. I7I2. DEBATES. 427
* the Union, and for the facilitating thereof, we
* have the fixth afl of Parliament 1707, intituled,
' An a5f for fecuring the proteftant religion and
* preshyterian government ; whereby the hail ads
* above fet down are ratified and approved, and
* your Majefty further with advice and confent of
' the eftates of Parliament, exprefly provides and
' declares, that the forefaid true proteflant religion,
* contained in the above-mentioned confefTion of
' faith, with the form and purity of worfhip pre-
* fently in ufe within that Church, and its presi^y-
' terian government and difcipline, all eftablifhed
' by the aforefaid adls of Parliament, purfuant to
* the claim of right, fhall remain and continue un-
' alterable ; and that the faid preshyterian govern-
* ment fhall be the only government of the Church
* within the kingdom of Scotland : And further,
' after the deceafe of your Majefty, (whom God
* long preferve) the Sovereign fucceeding, fhall, in
*• all time coming, at his or her accefTion to the
' crown, fwear and fubfcribe, that they will in-
' violably maintain and preferve the aforefaid ^tt-
* tlement of the true proteftant religion, with the
* government, worfhip, difcipline, rights, and pri-
* vileges of this Church as by law eftablifhed ; and
' it is further ftatuted and ordained, that this act of
' Parliament, with the eftablifhment therein con-
* tained, fhall be held and obferved in all time
' coming, as a fundamental and efTential condition
* of any treaty of Union, to be concluded betwixt
' the two kingdoms, without any alteration thereof,
^ or derogation thereto in any fort whatfover ; as
* alfo that this act of Parliament and fettlement
* therein contained, fhall be inferted and repeated
* in any ad of Parliament that fhould pais, for
* agreeing and concluding the aforefaid treaty of
' Union betwixt the two kingdoms, and that the
* fame fhall therein be declared to be an efTential
^ and fundamental condition of the faid treaty of
' Union
Parliamentary A. 171 2.
Union in all time coming. Accordingly, and that
our Church might have the plenary fecurity above
provided, and that, as was then plainly faid, and
as the ads fufficiently import, our fecurity above
mentioned, might be Hated and eftablifhed in a
manner even beyond the reach of Parliament. In
both adls of Parliament pafTed in both kingdoms,
ratifying and approving the treaty of the Union,
the aforefaid ad: for fecuring the Proteftant reli-
gion, and freshyterian Church government, is ex-
prefly inferted, and it is thereby flatuted and ordain-
ed, that this ace, with the eftablifhment therein
contained, fhall be held and obferved in all time
coming, as a fundamental and efTential condition
of the aforefaid treaty of Union, without any alte-
ration thereof, or derogation thereto, in any fort
for ever.
' This being our great and plenary fecurity in
law, that we have for our prefent Church govern-
ment and eflablifliment, and we being in danger
on the other hand of alterations and innovations,
intended by the aforefaid bill, depending before
the honourable houfe of Commons, wherein befide
the hard refledions contained in the preface, it is
propofed to be enaded, that epifcopaldijfenters fliall
have liberty to meet and aflemble, for the exer-
cife of divine worfhip in their own manner, and
to ufe in their congregations the liturgy of the
Church of England without any difturbance, and
that for qualifying fuch paftors, epifcopal orders,
and prefenting letters of their orders to the Juftice
of the peace fhall be fufficient, and that no perfon
or perfons, fhall incur any penalty whatfoever,
upon his or her reforting to the faid epifcopal meet-
ing : And that it fhall be free and lawful, for all
the fubjeds in that part of Great^Britain called
Scotland^ to aflemble and meet for divine fervice
without any difturbance, and to fettle their con-
* gregations
A. 1712. DEBATES.. 429
* gregations where they think fit, and for the EpU
' fcopal MivJfters^ not only to pray and preach ia
' their congregations, but to adminifter the Sacra-
' ments, and may without incurring any pain or pe-
' nalty whatfoever, or without any other caveat
' that appears for their dodrine, fave \hat, they
* fiiallnot deny, in their preaching and writing, the
* dodrine of the blefied Trinity, and with all that
*" the Preshylef'ian Clergy are fliil allowed'to inflict
' ecclefiaftical cenfures upon thofe of their own
' communion, which plainly imports an exemption
* to all, who fliall difown their communion.
* We cannot but, in the firft place, exprefs our
aftonifiiing furprize, and deep afflidlion, to hear of
fuch a bill offered for fuch a large, and almoft
boundlefs toleration, not only threatning the over-
throw of this Church, but giving a large licence,
almoft to all errors and blafphemies, and throwing
up all good difcipline, to the difhonour of God,
and the fcandal and ruin of the true chriftian reli-
gion, and the infallible difturbance of the quiet,
and to the confufion of this church and nation ;
and therefore in the next place we do with all hu-
mility, but with gi'eateft earneftnefs befeech, nay
obteft your Majefty, by the fame mercy of God,
that reftored this Church, and raifed your Maje-
fty to the Throne, to interpofe for the relief of
this Church, and the maintenance oftheprefent
eftabliftiment, againft fuch a manifeft and ruin-
ing encroachment, in fuch manner, as in your
royal wifdom and juftice you fhali think needful.
* That the gracious GOD, may ever guide your
Majefty with his counfels, *till after a long and
' happy
* happy reign upon earth, he crowns you with glo-
' ry in heaven, fhall be the earned prayers of.
May it pleafeyour Mqjefty^
Tour'Majcftfs moft faithful^ cbedient,
and moft humble fervant 5 and fuhjeBsy
"The Minifters^ and Elders^ Commiffioners of
the late General AJjembly of the church of
Scotland,
Signed in cur name^ and at cur appointment^ by
Sic fubfcribitur William Mitchel, Moderator >
This reprefentation was immediately tranfmitted
•refented to to Mr. JV. Cajlares^ Principal of the College of
^ufr Edinburgh^ who made a fliort fpeech at the deli-
\^jiarez. ycring the fame, and received a very gracious an-
fwer from her Majefty, with further afTurances of
her royal prote(5tion to the church of Scotland,
It is to be obferved, that towards the end of Z)^-
cember^ a motion having been made in the houfe of
Lords, by the Duke of Bevonfhire^ for bringing in
a bill to fettle the precedence of the moil illuitrious
houfe of Hanover in Great- Britain. When the
Peers met again on the 17th of January^ the Lord
High Treafurer, to Ihew his zeal and affedion for
the Proteftant heir, prefented to that houfe a bill,
intituled. An atv for fettling the precedence of the mofi
Jill for the excellent Prince Cs Sophia, Ek^refs and But chefs
Z'tl^vl Dozvager cf Hinover, of th^ Ek5lor her fon, and
iflncus the Electoral Prince the Buke of Cambr'clge. This
w°r, bill was that dr.y read twice by the Lords ; and
oesintvvo fhc third time tht next moriing ^ and hv the I ord
oth houfes. Chief Juilice Parker, and Mr. Juflice Eyre, carried
down
A. I7I2. DEBATES. 431
down to the Commons, who read it three times,
without any interruption, and having refolved that
it fhould pafs, nemine contradicente^ fent it back to
the Lords by Mr. Secretary St, John,
On Monday the 21ft of January the Lords took
into confideration that part of the Queen's meflage of
the 17th of the faid month, relating to the Scotch
Peers made Peers of Great-Britain^ and amongft
other expedients, it waspropofed, that her Majeity
fhould create fixteen hereditary Peers to reprefent
the nobility of Scotland in the Britijh Parliament,
being the number agreed on by the a6l of Union ;
but this projedl being liable to many inconvenien-
cies no great ftrefs was laid upon it ; and after a
fmall debate, that affair was put off till the 25th.
That day their Lordfhips refumed the debate The affair
about the Duke of Hamilton's patent, and refolved ^h^^iu^^^s
that that matter was cognizable by this houfe only ; patent dropt.
and then adjourned it again to the gift o^ January^
when it was dropt : By which it appears, that their
Lordfliips adhered to their former judgment.
On Monday the nth of February^ the Commons ff[^^^^l,
refolved to addrefs the Queen, that all inftrudions tions, &<:*
and orders given to the Plenipotentiaries, that tranf- J°"^^y,J,!!*
a6led the Barrier-Treaty -, and alfo all treaties men- ^rreaty,
tioned and referred to in the faid treaty, might be
laid before the houfe, except fuch treaties as were
already before the houfe : Which addrefs, being
prefented by Mr. Secretary 6"/. John, was readily
complied with. The next day, the Commons
came to an unanimous refolution, that his houfe
will effedlually (land by and fupport her Majefty
in all things recommended to them in her Majefty's
mod gracious fpeech from the Throne ; as alfo, that
they would, upon that day fevennight, in a Com-
mittee of the whole houfe, confider of that part of
her Majefty's meffage to the houfe, the 17th o^^Ja-
nuary
nuary laft, relating to the great licence taken in pub-
lifhing falfe and fcandalous libels : But the confide-
ration of this matter was afterwards put off from
time to time. On the igth Mr. Secretary St. John
prefented to thehoufe, by her Majefty's command,
a copy of her Majefty's inftru6lions to the Duke of
Papers about Marlborough^ and Lord Vifcount 'Townjhend^ about
^ircanllir ^^^ Barrier-Treaty ; extra(fls of letters from Mr.
before the Boylc to thc Lord Vifcount TownJJjend^ concerning
Commons, ^pg ^-j^^ ^^^ treaty •, differences between the Bar-
rier-Treaiy and the country -proje^f •, and a tranf-
lation thereof: And alfo a copy of the preliminary
articles to a general peace ^ figned at the Hague ^ the 2 8 th
o{ May^ 1709* and a tranflation of the fame: The
titles of which copies and the extra6ls of letters were
read, and referred to the confideration of the Com-
mittee of the whole houfe. After this, it was re-
folved, to prefent an addrefs to her Majefty, that
the letters written by the Lord Vifcount 'TownfJoend
to Mr. Boyle ^ late one of her Majefty's principal
Secretaries of ftate, dated the ift and 26th of No-
vember^ lyog, might be laid before the houfe $
which Mr. Secretary 5"/. John did, accordingly, on
the 14th of February. The Commons being by
this time furniflied v/ith all the papers relating to
the Barrier -Treaty y took the fame into confideration
in a full Committee of the whole houfe, of which
Mr. Annejley was Chairman : And tho' it was by
many expeded that either a letter, faid to have been
written, fome days before, by the Baron de Both-
mar to one of the Secretaries about the Barrier-Trea-
iy ; or ih^ fpecijick explanation of the offers of France^
which was brought to town the 12th oi February^
and was received with general indignation, would
have moderated the cenfure of that treaty, yet the
Commons thought fit to come to the following re-
folutions.
I. That
A. 1712; DEBATES. 433
1. That in the treaty between her Majefty and the f ^J*"^"^?"'
States-General, for fecaring the fucceflion to the i^Irr/J *
crown o^ Great- Britain^ and for fetding a Barrier ^''^^O'-.
for the States-General againft France^ under colour
of fecuring the Proteflant Succeflion, and providing
a fufficient Barrier to the States-General againft
France^ there are feveral articles deftrudive to the
trade and interefl of Great-Britain^ and therefore
highly difhonourable to her Majefty.
2. That it appears, that the Lord Vifcount
^ownfhend had not any orders or authority for nego-
ciating or concluding feveral articles in the faid
treaty. ,
3. That the Lord Vifcount Hownjhend^ who ne- The Lord
gociated and figned, and all thofe who advifed the rltl^end
ratifying of the faid treaty, are enemies to the votedanene-
Queen and kingdom : Which refolutions were on J^un^jj^^^
the 1 6th of February reported by Mr. Annejly^ and
agreed to by the houfe.
It is to be obfervedj that the States- General endea-
voured to prevent the cenfure of the Barrier-Treaty :
For on the 19th of February, N. S. they wrote a
letter to the Queen of Great- Britain, wherein they
reprefented, ' That during the whole courfe of her Letter of jh^
' Majefty's glorious reign, they have had nothing fTtfthT
' more at heart than to cultivate and maintain with Queen about
* her a good friendfhip, perfed confidence and rrJ:^7"''
' union, and to 'corroborate them the moft they
' poflibly could ; having always judged them abfo-
* lutely necefTary, and efpecially in the prefent con-
* jundlure.
' That they likewife judged they could not give
* a better proof of this their difpofition and perfua-
' fion, than that which they lately gave in agreeing
* to the propofition, wiiich her Maiefty had caufed
Vol. V. F f " ' t^
* to be made to them, to begin the negociation of
* a general peace with the enemy, and in concurring
< with her Majefly, to facilitate the bringing toge-
« ther of the minifters of all the high Allies to the
.« congrefs at Utrecht, That they are perfuaded,
* nothing can more contribute to the difpatch and
« fuccefs of that negociation, than a ftrid union
* and entire harmony between her Majefly and their
« ftate. That as they had the honour to conclude
* with her Majefly, 29th of 0^^/^^r, 1709, thetrea-
* ty of mutual guaranty, commonly called the Bar-
* rier -treaty^ ratified on both fides in the mofl au-
' thentic form, they looked upon it not only as a
* foundation of their own fafety, for fecuring which
* they entered into the prefent war, and have carri-
* ed it on fo many years, but likewife as a firm fup-
* port of that good underflanding and union be-
* tween her Majefly and their flate, which they fo
* earneflly and fincerely defired to fee continued *,
* fo that they could never doubt, in any manner,
* that they fhould not at all times enjoy the effe(5t of
* the faid treaty : That however, having not long
' fmce been informed, that in England fome were
* of opinion, that the faid treaty, in fome articles,
* might be prejudicial to her Majelly's fubjeds,
* they commifTioned'M. Buys theif Envoy extraor-
* dinary then going to England^ to enquire, what
' thofe points were, that might be thought grie-
* vanc^s, and authorifed him to treat about them
* with her Majefly's Miniflers, and to remove, if
* pofTible, the difficulties, by all the explanations
* that fhould appear neceifary •, zvhich they were put
* in hopes would not be very hard to do, when once
* they Jhould have confented to concur with her Majefty,
' as they did, to procure, a congrefs for the negociation
* of a general peace j biit that the misfortune was,
* that the faid Mr. Buys^ durfhg his refidence in
* England^ was not able to finifhj-that^ affair to
V recipr6cal
A. 1712. DEBATES. 435
recriprocal fatisfadion ^ and that it having been re*
mitted to the Hague^ no way has hitherto been
found to terminate it there neither •, tho' their
High MightinefTes think, they have fhewn all the
readinefs to comply with any juft expedient that
could reafonably be expeded from them ; for,
having learnt, that the principal exceptions taken
to the faid treaty, were, that it might prove pre-
judicial to the commerce of her Majefty's fub-
je6ls in the SparJjJj Netherlands^ and that fome had
entertained an ill-grounded and erroneous opinion,
that the States might defign to take advantage by it
to make themfelves mafters of the fiid Spanijh
Netherlands -, their High MightinefTes did declare
pofitively, and by this letter, do voluntarily re-
peat it, that it never was their intention, nor ever
will be, to make ufe of the faid treaty, or of their
garrifons in the fortified places of the country, to
prejudice in any manner the commerce of her Ma-
jefty's fubjedls : But that their opinion is, that
whatever relates to navigation and commerce
there, ought to be fettled on an entire equalityj
that fo her Majefty's fubjed:s may not be charged
with higher duties of importation or exportation
than theirs, to the end commerce maybe carried on
there by both nations on an equal foot. That
their High Mightinefies did declare, and do de-
clare again by this letter, that they never had a
thought, nor have now, of making themfelves ma-
fters of the Spanijh Netherlands in whole or in
part ', contenting themfelves to have garrifons in
the places mentioned in the 6th article, with the
revenues fpecified in the nth article, and what is
ftipulated by the others, feparate from the faid
Treaty. That befides they have not the leaft
thought of making ufe of the privilege ftipulated
in the 7th article to put troops into other places,
but only in cafe of the laft and moft apparent ne-
celTity. That they hope by this pofitive declara-
F f 7. * tic a
rARLI AMEN TAR Y A. I712.
^ tion, to have the happinefs to remove all thofe
* fufpicions, which may wrongfully have been con-
' ceived againft them ; and that they have firm
' confidence in her Majefty's fo renowned equity,
' that flie will not do any thing in prejudice of the
* laid treaty, nor permit any to be done to it -, but
* rather that fhe will be pleafed to fee, that they
' may have the entire effedb of it, and take off all
' uneafinefs they may be in about it ; which they
* mod earneftly defire of her Majefty. Adding, that
< if there be fome articles of the faid treaty, which
* without affedling the eflentials of it, may be
* thought to want explanation, her Majefty fhall
* find them willing and ready to treat thereupon,
* and with all the facility and condefcenfion that
* can reafonably be required of them, without do-
' ing prejudice to the rights they have acquired,
* not only by the faid treaty, but by other preceding
* ones, and in whatever fhall not be of the laft im-
* portance for the fecurity and prefervation of their
* (late. Concluding, with intreating her Majefty,
* to continue towards them that very precious friend-
' fhip and good-will, with which fhe has hitherto
* honoured them ; and with befeeching God to
' fliower on her his choiceft bleflings, ^c/
This letter which was foon after made publick, did
wonderfully reconcile the States-General to the gene-
rality of the people •, fince it thereby appeared, that
they were fincerely ready to re<^ify any thing in the
Barrier-Treaty^ which might feem prejudicial to the
trade of Great-Britain,
On Friday the 15th of February^ a Committee of
the whole houfe took into confideration the ftate of
the war, and refolved,
I. That it hath appeared to this Committee,
that the charge for tranfport fervicc, in carrying on
the
A. 1712. DEBATES. 437
the war in Spain and Portugal^ from the year 1702, fbou^the"'
to the year 171 1, inclufive, amounted to one milli- ftateofthe
on, three hundred thirty-fix thoufand, feven hun- ^^'j'^Jf^'"'"
dred nineteen pounds, nineteen fhiUings and eleven gai.
pence.
2. That it hath appeared to this Committee, that
there has been paid by her Majelly, for contingen-
cies, bread, and bread-waggons, forrage, and all
other extraordinaries, both for the Engliflo and fo-
reign troops in Savoy ^ Piedmont^ Italy, Spain ^ Por-
tugal, and Flanders y fmce the 24th of June, 1705,
fo far as the fame hath been returned from abroad,
feveral fams, amounting, in the whole, to 3,487,000
2S. and lid,
3. That it hath appeared to this Committee, that
the charge of victualling the land forces for the ler-
vice of the war in Spain and Portugal, has amount
ed to sS'^^yyol. 8j. and 6d,
4. That it hath appeared to this Committee, that
the charge of her Majefly's fhips and veflels, em-
ployed in the fervice of the war in Spain and Portu-
gal, reckoned after the rate of four pounds a man
per month, from the time they failed from hence till
they returned, were loft, or put upon other fervices,
amounted to 6,540,966/. and 14 j.
5. That an humble reprefen ration be made to her
Majefty, upon the refolutions of this houfe, rela-
ting to the ftate of the war, and the treaty between
her Majefty and the States-General, for fecuring the
fucceflion to the crown of Great-Britain, and for
fettling a barrier for the States-General againft
France -, and alfo humbly to defire her Majefty,
that fhe will be pleafed to order her Minifters to in-
fift- with the Emperor, that the revenues of all the
territories and places reftored or added to the houfe
F f 3 of
43^ r ARL I AME N T AR Y A. 1712^
of Auftria^ during this war, (over and above what
is neceilary for their defence) may be applied for
the carrying on the war in Spain •, and to afllire her
Majefty, that this houfe will enable her Majefty to
bear her fhare of any farther expence, that fhall be
wanted by fea and land, in proportion to what the
Emperor and the other Allies (hail actually furnifh
for thofe fervices : And that as to other parts of the
war^ to which her Majefly is obliged by particular
treaties to contribute, that her Majjily will, for
nhe future, only furniili troops, and pay fubfidies, in
proportion to what her Allies fliall actually furnifh
and pay.
A-:e:d to. Thcfc rcfolutions were by Mr. Conyers reported
on the i8rh o\ February^ and, with an amendment
to one of them, agreed to by tlie houfe •, and a
Committee was appointed to draw up the faid repre-
fentation, according to the faid refolutions, and up-
on the debate of the houfe, another Committee was
appointed to confider of the abufes committed in
mufters and cloathing of the army ; and alfo the
abufes relating to the Hofpitals abroad ', and then
in a Committee of the whole houfe, the Commons
ronlidered of the fupply -, after which they refolved
to addrefs her Majcily, that a particular account
might be laid before the houfe of the pay to the
general Officers, and for waggon and forrage miO-
jjey in Flanders. The fame day, the feventh fedli-
on of the ad of the leventh year of his late Majefty's
reign, relating to the multiplying voices to vote in tht
tlctllons of members to ferve in Parliament^ being
Buibtopn- read, a bill was ordered to be brought in for the
Ind^irregu"jLr more effcdual preventing fraudulent conveyances,
cicaionsor- j^ otder to multiply votes for ele6ling Knights of
brought in. fhi-rcs to ferve in Parliament. Another bill was
alfo ordered to be brought in, for preventing irre-
gular and corrupt proceedings in the eledions of Ci-
tizens and Burgeffes tq ferye in Parlia^ment.
Mr,
A. 1712. DEBATES. 439
Mr. Campion^ from the CommifTioners of the
public accompts of the kingdom acquainted the
houfe, that they had taken feveral depofitions and
other papers, . relating to the matters in their report,
which he prefented to the houfe, then the order of
the day was read, for taking into farther confide-
ration the faid report : And the faid depofitions and
papers were alfo read, viz. Minute of Sir Solomon
de Medina\ depofition about auditing his accompts
of bread and bread- waggons ; Mr. Blathwayt*s de-
pofition relating to the contracts for bread and
bread-waggons in Flanders -, depofition of Robert
Sambee^ Clerk to Mr. Cardonnel-, depofition of
Henry Sheldon^ fome time Clerk to Mr. Cardonnel -,
Sir Alexander Murray^ order to Sir David Dal-
rymple^ Lord Advocate, and Mr. nomas Buchanan's
depofition -, Mr. John Montgomery's depofition,
touching the two hundred pounds paid Sir David
Dalrymple, on the forrage contradt ; Mr. Montgo-
mery's depofition, touching the one hundred guineas
given by the forrage contrail to the Earl of Leven ;
depofition of William Livingfton^ Efq-, touching an
allowance of one hundred guineas to the comman-
der in chief in JVi?r//^ Britain^ by the CommifTioners
for forrage : And thofe parts of the faid report,
which related to Mr. Cardonnely and St'w David Dal-
rymple therein named, were read *, and Mr. Car-
donnel was heard in his place, and then he with-
drew. After a long debate it was refolved by a
majority of 125 voices againft 99.
I. That the taking a gratuity of five gold ducats, Refoktions
annually, from the contradtors for bread and bread- "clltk^l'
waggons for the army in the Low -Countries^ by Adam
Cardonnely Efq; (Secretary to the General there)
a member of this houfe, was unwarrantable and
corrupt,
F f 4 2. That
44^ Parliamentary A. 17 12.
2. That the faid Jdam Cardonnel^ Efq; be, for
the faid offence, expelled this houfe.
Sir David Balrymple was heard in his place, and
then that part of the liiid report was read, which
related to Mr. Swe.et^ Deputy Pay- mailer at Am-
Jlerdam, after which it was refolved, that the one
per Cent, received by Mr. Sweet., Deputy Pay-ma-
fter at Amfterdam^ upon the Payments made by him
to the contraflors for furnlfliing bread and bread-
waggons in the how- countries.^ is public money, and
ought to be accounted for : And ordered, that the
faid report of the CommifTioners oi ^.ccompts, to-
gether with the examinations and depofitions relating
thereunto, with the refoKitions of this houfe there-
upon, and her Majefly*s gracious anfwer to the re-
folutions laid before her, be printed.
The next day, the Commons, in a Committee of
the whole houfe, con fide red further of the fupply,
and having made fome progrefs in that matter, the
a^ou^fthe ^oufe rcfolved to addrefs her Majefty, That all trea-
hiring ot ties or conve.ntions^ for the hiring foreign troops in her
troops called j^^jgjfy^ p^y andfervice, he laid before the houfe.
The French Plenipotentiaries at the Congrefs of
Utrecht^ did about this time deliver their propofals
in writing, as follows.
A SPEC IFJCK explanation of the offers of France
for a general peace ^ to the fatisfa^ion of all the par-
ties concerned in the prefent war.
spedfickex- c f I ^ H E King will acknowledge at the figning
tToM' 1 of the peace, the Qiieen o^ Great -Britain
frame. <, jj^ ^[^^j- qQality, as alfo the fucCelTion of that crown
' according to the prefent fettlement, and in the
^ manner her Britannic Majefty fhall pleafe.
< His
A. I7I2. DEBATES. 441
' His Majcfty will caufe all the fortifications of
' Bu7ikirk to be demoliflied immediately after ;he
* peace, provided an equivalent be given him to his
' fatisfadion.
* The ifland of St. Chriftopher, Hudfon's bay and
' ftrait of that name, fhall be yielded up entire to
* Great-Britain •, and Acadia^ with Port Royal znd
' the fort, fhall be reftored entire to his Majefty.
' As to the ifland oi Newfoundland^ the King of-
* fcrs to yield up that alfo to Great-Britain^ refer-
« ving only to himfelf the fort of Placentia, and
« the right of catching and drying fifli, as before the
' war.
' It fliall be agreed to make a treaty of commerce
' before or after the peace, as England fhall choofe,
' the conditions of which fhall be made as equal be-
' tween the two nations as they can polTibly.
* The King will confent at the figning the peace,
* that the Spanijh Netherlands .^ which are given over
' to the Eledlor of Bavaria by the King of Spain ^
' fhall ferve for a Barrier to the United Provinces ;
* and to augment it, he will join thereto Fumes and
' the Furner-Amhacht or diflridl, Knocks TpreSy and
■ the Caflellany of Menin, with its verge : In ex-
change, his Majefty demands to form the barrier
of France, Aire, St. Venant^ Bethune, Douay^ and
their dependancies.
' If the States-General are defirous to keep garri-
fons in the fortified towns of the barrier fo formed
of the dominions transferred to his Eledoral High-
nefs, and of what France adds thereto of its own,
his Majefty confents, that they fhall put their
troops into them in as great number as they
pleafe ; and befides, that they fhall be maintained
at the expence of the country.
' In confideration of this cefTion, and of this con-
fent, the King on his fide demands, as an equi-
valent for the demolifhing of Dunkirk, the towns
* and
44^ Parliamentary A. 1712.
* and citadels of Lijle and Tournay^ with their
' caftellancies and dependancies.
* The barrier thus regulated between France and
* the States General^ the King will grant for aug-
' menting the commerce of their fubjecls, v/hat is fti-
' pulated by the treaty of Ryfwick^ and the advan-
* tageous tarif of 1664, with an exception only of
' fix forts of merchandize which fhall be agreed on,
^ and which fhall be charged with the fame duties
* that are paid at this time ; as alfo the exemption
^ of 53 fols^^r tun on tht Dutch Ihipping that come
' into France from the United Provinces and foreign
* countries.
* As to the Commerce of Spain and the Indies^
^ the King will engage not only to the States -Gene-
* ral^ but likewife to her Britannic Majefty, and
^ to all the other Potentates, by virtue of the power
' he has in this particular, that the faid commerce
* fhall be allowed exadlly, and carried on in the
* very fame manner as it was, under the reign, and
*^ till the death of Charles lid -, and will promife,
*■ that the French fhall fubmit, as all the other na-
^ tions, to the ancient laws and regulations made by
' the Kings his Catholick Majefty's pr^decelTors,
* with refpeft to the commerce and navigation and
* the Spanifh Indies .
' His Majefty further confents, that all the Po-
^ tenrates of Europe may enter into the guaranty
'■* of this promife. His Majefty promifes, that the
* King his grandfon fhall renounce, for the fake of
* the peace, all pretenfions to the kingdoms ofNa-
* pies and Sardinia, as well as to the Duchy of
^ Milan \ in whofe name he will confent, that the
"• part of that Duchy which is made over to the
* Duke of 6*^.^^', fhall remain to his Royal Highnefs :
' Provided that in confideration of this cefTion, the
* houfe of Auftria do in like manner defifl from all
' pretenfions to the other parts qf the monarchy of
* Spain
A. I7I2. DEBATES, 443
^ Spain^ from whence that houfe ihall withdraw
^ their troops immediately after the peace.
* The frontiers on both fides upon the Rhine^
• fhall be fettled on the fame condition as they were
• before the prefent war.
' In confideration of all the terms above fpecified,
' the King demands that the Eledlors of Cologn and
• Bavaria fhall be re-eftablillied in the full and entire
' pofTeflion of their dominions, dignities, preroga-
• tives, goods moveable and immoveable, which they
• enjoyed before this prefent war : And reciprocally,
' hisMajefty will recognize in Germany and PruffiUy
^ all the titles which he has not yet acknowledged.
* The King will reftore to the Duke of Savoy
' what he has taken from him during this war -, as
' in like manner his Royal Highnefs fliall reftore to
' him what he has taken from France •, fo that the
^ limits on both fides fhall be the fame they were
' before the declaration of war.
' All things as to Portugal ^dM be re-eftablifhed,
' and remain on the fame foot in Europe^ that they
• were before the prefent war, as well with regard
• to France as to Spain ; and as to the dominions
^ that crown hath in America^ if there be any difFe-
' rences to fettle, endeavours fhall be ufed to agree
' them amicably.
* The King will confent freely, and bona fide^ to
' take, in concert with the Allies, all the mofl jufl
' meafures, for hindring the crowns of France and
' Spain from being ever united on the fame head;
'" that is to fay, that one and the fame Prince fhall
' never be at once King of both.
* All preceding treaties, that is, thok of Munjier^
' and others that have been made fince, fhall be re-
' peated and confirmed, to remain in their force and
' virtue j excepting only fuch articles, from which
^ the treaty of peace now to be made fhall derogate,
' or alter fomething. Signed HUXELLES.
Thefe
444 Parliamentary A. 1712.
Thefe propofals of France were entertained with
fo univerfal an indignation, that it went near to re-
concile the two contending parties •, both TFhig and
Tory fafpending and filencing their inveterate feuds,
and joining to exclaim againft the haughtinefs of the
common enemy -, who even when he lay gafping
for life, feemed to didlate to the conquerors.
The Lord Hallifay: made a, motion in the houfe
of Lords, on the 1 5th of February^ for prefenting
an addrefs to the Queen, about the Jperifick offers of
France^ which his Lordfhip caWcd, trifling ^arrogant ,
mid injurious to her Majefl;y and her Allies. He was
feconded by feveral Peers of both parties, v/ho faid,
in fubftance, ' That thofe propofitions ought to be
' rejedled with theutmoft indignation, that itplain-
^ ly appeared France had no other dcfign in view
* than to amufe and divide the Allies ; and in par-
* ticular, that it was derogatory to her Majedy's ho-
* nour, to enter into any negociation with that
' crown, before herMajefty'sjuft title wasackriow-
^ ledged.' Some endeavours were ufed to adjourn
the debate to the Monday following, or, at lead,
to the next day *, by fuggeiling, ' That the offers
' that were handed about, having yet no other au-
' thority than their being infeited in the Holland
^ Gazettes^ might not be genuine ♦, and therefore the
* Lords ought not to take any notice of them, till
* fuch time as the Queen had communicated them
* to the houfe.' But this, and other arguments
were over ruled, and it was refolved, without divi-
ding, to addrefs her Majefty. A Committee was
thereupon appointed to draw up that addrefs, which,
the fame day, was reported and agreed to, and, by
the whole houfe, prefcnted next day to the Queen,
as follows :
Moft
A. I7I2. DEBATES. 445
Moft gracious Sovereign^
« T T 7 E your Majefty's moft dutiful and loyal i-ords ad-
* y V fubjeds, the Lords fpiritual and temporal ^'^^^'
' In Parliament aflembled, beg leave humbly to re-
' prefent to your Majefty the juft indignation of
' this houfe at the difhonourable treatment of your
' Majefty by France^ in having propofed to acknov/-
' ledge your Majefty's title to thefe Realms no foon-
' er than when the peace ftiall be figned. And we
' cannot forbear exprefTing our utmoft refentment at
' the terms of peace offered to your Majefty and
' your Allies by the Plenipotentiaries of France :
' And we do with the greateft zeal and affedion,
' aflure your Majefty, that this houfe will ftand by,
' and alTift your Majefty with our lives and fortunes
* in carrying on this war, in conjun6lion with your
' Allies, till a fafe and honourable peaoe can be ob-
' tained for your Majefty and your Allies.
The Queen's anfwer was to this effedl.
My Lords,
' T Return you my hearty thanks for the zeal yoii
' X exprefs for my honour, and for the alfu ranee
' you give of fupporting me.'
On the 13th of February the houfe of Peers,
before they proceeded to the fecond reading of the
bill paffed by the Commons in favour of thofe of
the EpifcGpal Commimion in Scotland^ heard Council
in behalf of the Presbyterians of that part oVGreaT-
Britainy who oppofed the faid bill. The Lawyers
alledged in general, that this bill annulling an ad:
ratified by the treaty of Union, might be attended
with very fatal confequences: And then madeparticu-
lar objections to the bill itfelf, as that it granted to-
leration to all Epifcopal Minifters, under colour where-
of P<?/)//^ Priejh might pretend to perform the Romifi
fcrvicc
fervice in Scotland, The Council having done
pleading, the bill was read a fecond time, and com-
mitted to a Committee of the whole houfe, into
which the Lords refolved themfelves the fame day.
The Lord Hallifax and the Bifhop of Salisbury en-
deavoured to Ihew the inconveniencies and danger
of fuch a bill, efpecially at this juncture : And af-
ter fome other Lords had made fpeeches pro and
co^^ it was refolved to add feveral claufes to the bill,
particularly for limiting the "Toleration to fuch Mini-
fters as have received Holy Orders from the hands of
a Proteftant Bifliop, and who have taken and fub-
fcrihed the oaths of allegiance and abjuration ; as alfo
for obliging the Minijlers of the efiablifhed church of
Scotland, to take and fubfcribe the faid oaths. On
the 15th thefe amendments were reported, and a-
greed to by the houfe of Lords, who the next day
fern down the bill to the Commons \ and the latter
having taken thefe amendments into their confidera-
tion, agreed to them, with a fmall amendment of
their own, to which the Lord5 aifo agreed.
March i. Sir Thomas Hanmer reported from the
Committee, to whom it was referred to draw up
a reprefentation to be made to her Majefly, thae
they had drawn up the fame accordingly, which
they had direded him to report to the houfe ; and
he read the fame in his place, and afterwards deli-
vered it in at the table, where it was read. And
a motion being made, and the queflion put, that
the faid reprefentation be re-committed, it palfed
in the negative •, after which it was refolved, that
the faid reprefentation be prefented to her Majefly
by the whole houfe -, which was done accord in g-*-
ly on Tuefday the 4th of March ; being as fol-
lows.
Mojl
A. I7I2. DEBATES.
447
Mcft gracious Sovereign ^
< "tXrE your Majefty's moft dutiful and loyal The Com-
* W fubiecls, the Commons of Great Britain in "'*'"' 'f")'^"
▼ ▼ o- 1 1 J 1 • 1 • r ^^*^" relating
' Parliament allembled, havmg nothing fo much tothcwars,
* at heart as to enable your Majefty to bring this
^ long and expenfive war to an honourable and
* happy conclufion, have taken it into our moft fe-
* rious confideration, how the necefiary fupplies to
* be provided by us may be beft applied, and how
* the common caufe may, in the moft efFedlual man-
* ner, be carried on by the united force of the
* whole confederacy. We have thought ourfelves
* obliged, in duty to your Majefty, and difcharge
' of the truft repofed in us, to enquire into the true
* ftate of the war in all its parts ; we have examined
* what ftipulations have been entered into between
* your Majefty and your allies, and how far fuch
* engagements have on each fide been made good ;
* we have confidered the different intereft which
* the confederates have in the fuccefs of this war,
* and the different fhares they have contributed to
' its fupport ; we have with our utmoft care and di-
* ligence endeavour'd to difcover the nature, extent
' and charge of it ; to the end, that by comparing
' the weight thereof with our own ftrength, we
* might adapt the one to the other, in fuch mea-
' fure, as neither to continue your Majefty^s fubjedls
* under a heavier burden than in reafon and juftice
' they ought to bear, nor deceive your Majefty,
* your allies and ourfelves, by undertaking more
' than the nation, in its prefent circumftances, is
* able to perform.
* Your Majefty has been gracioufly pleafed, up-
* on our humble applications, to order fuch mate-
* rials to be laid before us, as have furniftied us with
* the neceflary information upon the particulars we
* have enquired into ; and when we ftiali have laid
* before your Majefty our obfcrvations and humble
' advice
^^'
X xxrvj^Axxivxivi'v X x\ j\ X
^. 17 iZ.
advice upon this fubjedl, we promife to ourfelves
this happy fruit from it, that if your Majefly's
generous and good purpofes for the procuring a
a fafe and lafting peace fhould, through the obili-
nacy of the enemy, or by any other means, be
unhappily defeated, a true knowledge and under-
ftanding of the pail conduct of the war, will be
the beft foundation for a more frugal and equal
management of it for the time to come.
' In order to take the more perfedl view of what
we propofed, and that we might be able to fct the
whole before your Majefly in a true light, we have
thought it neceflary to go back to the beginning
of the war, and beg leave to obferve the motives
and reaibns upon which his late Majeily King
TVilltam engaged fir ft in it : The treaty of the
grand alliance explains thofe reafons to be for the
fupporting the pretenfions of his Imperial Majefty,
then adlually engaged in a war with the French
King, who had ufurped the entire Spanijh mo-
narchy for his grandfon the Duke o^ Anjou : And
for the afTifting the States-^Gcneral^ who by the lofs
of their barrier againft France^ were then in the
fame, or a more dangerous condition, than if they
were actually invaded. As thefe were the jull
and neceffary motives for undertaking this war, fo
the ends propofed to be obtained by it were equal-
ly wife and honourable : For as they are fet forth
in the eighth article of the fame treaty, they ap-
pear to have been the procuring an equitable and
reafonable flitislad^tion to his Imperial Majefty,
and fuHicient fecurities for the dominions, pro-
vinces, navigation, and commerce of the King of
Great' Britain zndih^ States-General % the making
effectual provifion, that the two kingdoms of
France and Spain fhould never be united under
the fame government \ and particularly, that the
French Ihould never get into the pofleflion of the
* Sfanljh
A. 1712. DEBATES. 449
Spanijfj Weft-Indies^ or be permitted to fail thither
upon the account of traffick, under any pretence
whatfoever •, and laftly, the fecuring to the fub-
jeds of the King of Great-Britain and the States-
General^ all the fame privileges and rights of com-
merce throughout the whole dominions of Spain ^
as they enjoyed before the death of Charles I J,
King of Spain, by virtue of any treaty, agree-
ment, cuflom, or any other way whatfoever : For
the obtaining thofe ends, the three confederated
powers engaged to affift one another with their
whole force, according to fuch proportions as
fhould be fpecified in a particular convention af-
terwards to be made for that purpofe. We do
not find that any fuch convention was ever ra-
tified; but it appears, that there was an agreement
concluded, which by common confent was under-
ftood to be binding upon each party refpe6live-
ly, and according to which the proportions of
Great-Britain were from the beginning regulated
and founded : The terms of that agreement were.
That for the fervice at land his Imperial Majefly
fhould furnifh ninety thouland men, the King of
Great- Britain forty thoufand, and the States-Gene-
ral one hundred and two thoufand, of which there
were forty and two thoufand intended to fiipply their
garrifons, and fixty thoufand to act againft the
common enemy in the field •, and with regard to
the operations of the war at fea, they were agreed
to be performed jointly by Great- Britain and the
States General'^ the quota of Ships to be furnilhed
for that fervice, being five eighths on the part of
Great-Britain, and three eigliths on the part of the
States-General.
' Upon this foot the war began in 1702, at
which time whole yearly expence of it to
England^ amounted to three millions, feven hun-
dred and fix thoufand, four hundred ninety- four
pounds •, a very great charge, as it was then
Vol. V, G g ' thought,
< thought by your Majefty's fubjecls, after the fhort
' interval of cafe they had enjoyed from the burden
* of the former war ; but yet a very moderate pro-
' portion, in comparifon with the load which hath
' been fince laid upon them *, for it appears, by elli-
' mates given in to your Commons, that the fums
' necefiary to carry on the fervice for this prefent
* year, in the fame manner as it was performed the
' laft year, amount to more than fix million, nine
' hundred and fixty- thou fan d pounds, befides intereft
* for the publick debt, and the deficiencies accruing
* the laft year ; which tv/o articles require one mil-
* lion, one hundred and forty three thoufand pounds
* more : So that the whole demands upon your
' Commons, are arifen to more than eight millions
' for the prefent annual fupply. We know your
' Majefty's tender regard for the welfare of your
' people, will make it uneafy to you, to hear of fo
* great a preflure as this upon them ; and as we are
' affured, it will fully convince your Majefty of
' the neceflity of our prefent enquiry, fo we beg
* leave to reprefent to you from what caufes, and by
' what fteps this immenfe charge appears to have
* grown upon us.
' The fervice at fea, as it hath been very large
' and extenfive in it Mf^ fo it hath been carried on
' through the whole courfe of the war, in a manner
' highly difadvantageous to your Majefty and your
' kingdom, for the neceflity of affairs requiring,
"- that great fleets fhould be fitted out every year, as
' well for the maintaining a fuperiority in the Medi-
' terf-anean^ as for oppofing any force, which the
' enemy might prepare, either at Dunkirk or in the
' ports of Weft-France^ your Majefty's example and
^ readinefs in fitting out your proportion of fhips
^ for all parts of that fervice, have been fo far from
* prevailing with the States-General to keep pace
^ with you, that they have been deficient every year
' to
A. 1712. DEBATES. 45X
' to a great degree, in proportion to what your Ma-
< jefly hath furnifhed, fometimes no lefs than two
• thirds, and generally more than half of their quota.
< From hence your Majefty has been obliged, for
< the preventingdifappointmentsin the mofl: prefliiig
« fervice, to fupply thofe deficiencies by additional
' reinforcements of your own fhips ; nor hath the
• increafe of fuch a charge been the only ill confe-
' quence that attended it, for by this means the debt
« of the navy hath been inhanfed, fo that the dif-
' counts arifmg upon the credit of it, have affected
' all other parts of the fervice ; from the fame caufe,
' your Majefly's Ihips of war have been forced in
' greater numbers to continue in remote feas, and
' at unfeafonable times of the year, to the great da-
' mage and decay of the Britijh navy : This alfo hath
' been the occafion, that your Majefty hath been
^ ftreightened in your convoys for trade, your coafts
' have been expofed for want of a fufficient number
' of cruifers to guard them, and you have been dif-
^ abled from annoying the enemy in their moft be--
' neficial commerce with the fFeft- Indies, from
• whence they received thofe fupplies of treafure,
• without which they could not have fupported the
" expences of this war.
' That part of the war, which hath been carried
• on in Flanders^ was at firft immediately neceffary
" to the fecurity of the Stales-General^ and hath
■ fince brought them great acqulfitions both of re-
■ venue and dominion. Yet, even there, the or!-
' ginal proportions have been departed from, and,
' during the courfe of the w^ar, have been finking,
by degrees, on the part of Holland \ fo that, in
this laft year, we find the number in which they
fell fhort of their three fifths, to your Majefty's
• two fifths, have been tv/enty thou fand, eight hun-
■ dred and thirty-feven men •, we are not unmindful,
' that in the year 1 703, a treaty was made betv/eeii
G g 2 * the
* the two nations, for a joint augmentation of twen-
' ty thoufand men, wherein the proportions were
* varied, and England con Tented to take half upon
* itfelf. But it having been annexed, as an exprefs
* condition to the grant of the faid augmentation
* in Parliament, that the .S/.^/^j-G^«^r<^/ fhouldpro-
. * hibit all trade and commerce with France : And
* that condition having not been performed by them,
* the Commons think it reafonabk that the firil rule,
* of three to two, ought to have taken place again,
* as well in that as in other fubfequent augmenta-
* tions ; more efpecially when they confider, that
' the revenues of thofe rich provinces which have
' been conquered, would, if they were duly ap-
' plied, maintain a great number of additional forces
' againil the common enemy ; notwithftanding
' which, the States- General have rai fed none upon
' that account, but make ufe of thofe frefli fupplies
^ of money, only to eafe themfelves in the charge
' of their firft eftablifhed quota.
' As in the progrefs of the war in Flanders^ a
* difproportion wasfoon created, to the prejudice of
' England -, fo the very beginning of the war in
' Portugal brought an unequal fliare of burden upon
'us. For although the Emperor and the 6'/^/^j-G^-
* neral^ were equally parties with your Majefty in
' the treaty with the King of Portugal^ yet the Etn-
4 peror^ neither furnifliinghisthirdpartof the troops
* and fubfidies ftipulated for, nor the Butch confent-
* ing to take an equal fhare of his impg^-ial Majefty's
* defed; upon themfelves, your N'^ajefly hath been
* obliged to furnifh two thirds of the entire expence
* created by that fervice : Nor has the inequality
* flopped there ; for ever fince the year 1 706, when
* the Englifh and Butch forces m^arched out of Por-
* tugal into Cajlile^ the Slates-General hdyc entirely
' abandoned the war in Portugal, and left your Ma-
* jelly to profecute it fingly at your own charge,
« which
A. 1712. DEBATES. 453
' which you have accordingly done, by replacing
' a greater number of troops there, than even at
* firft you took upon you to provide. At the fame
' time, your Majelly's generous endeavours for the
* fupport and defence of the King of Portugal^ have
* been ill feconded by that Prince himfelf j for not-
' withftanding that by his treaty, he has obliged
< himfelf to furnifli twelve thoufand foot, and three
' thoufand horfe, upon his own account, befides
' eleven thoufand foot and two thoufand horfe more,
< in confideration of a fubfidy paid to him ; yet,
* according to the beft information your Commons
' can procure, it appears, that he hath fcarce at any
' time furnifhed thirteen thoufand men in the
' whole.
' In Spain the war hath been yet more unequal
* and burthenfome to your Majefty, than in any
* other branch of it ; for being commenced without
* any treaty whatfoever, the allies have almoft whol-
' ly declined taking any part of it upon themfelves.
^ A fmall body of Englijh and Butch troops were
* fent thither, in the year 1 705, not as being thought
< fufiicient to fupport a regular war, or to make the
' conqueft of fo large a country, but with a view
* only of afiifting the Spaniards to fet King Charles
' upon the throne, occafioned by great alTurances
* which were given of their inclinations to the houfe
' o^ A'jjlria : But this expe6lation failing, England
* was infenfibly drawn into an eftablifhed war, under
' all the difadvantages of the diftance of the place,
' and the feeble efforts of the other allies. The ac-
' count we have to lay before your Majefly, upon
' this head is, that although this undertaking was
*- entered upon at the particular and earned requefl
' of the Imperial Court, and for a caufe of no lefs
' importance and concern to them, than the reducing
' the Spanijh monarchy to the houfe of Auftria ; yet
* neither the late Emperor^ nor his prefent Imperial
* Majefty, have ever had any forces there on their
G g 3 ^ own
454 rARLIAMENT ARY A. I712.
* own account, till the laft year, and then only one
« regiment of foot, confiding of two thoufand men :
* Though the States-General have contributed fome-
< thing more to this fervice, yet their fhare alfo
^ hath been inconfiderable •, for in the fpace of four
^ years, from 1704, to 1707, both inclufive, all
* the forces they have fent into that country, have
^ not exceeded twelve thoufand two hundred men ;
* and from the year 1708, to this time, they have
' not fent any forces or recruits whatfoever. To
^ your Majefty's care and charge the recovery of
^ that kingdom hath been in a manner wholly left,
* as if none elfe w^ere interelled or concerned in it :
^ And the forces your Majefliy hath fent into Spain ^
' in the fpace of feven years, from 1705, to 171 1,
^ both inclufive, hath amounted to no lefs than
^ fifty feven thoufand, nine hundred feventy three
* men, befides thirteen battalions, and eighteen fqua-
* drons, for which your Majefty hath pai'd a fubfidy
^ to the Emperor. How great the eftablifhed ex-
* pence of fuch a number of men hath been, your
^ Majeily very v/ell knows, and your Commons
* very fenfibly feel : But the weight will be found
' much greater, when it is confidered how many
^ heavy articles of unufual and extraordinary charge
' have attended this remote and difficult fervice ;
* all which have been entirely defrayed by your
' Majefly, except that one of tranfporting the few
* forces which were fent by the States-General., and
* victualling of them, during their tranfportation
* only. The accounts delivered to your Commons
' fliew, that the charge of your Majefty's fnips and
' vcffels, employed in the fervice of the war in
^ Spain and Portugal., reckoned after the rate of four
^ pounds a man per month, from the time they
* failed from thence, till they retumed, were loft,
* or put upon other fervices, hath amounted to fix
' millions, five hundred and forty thoufand, nine
^ hundred ahd fixty pounds, fourteen ihillings. The
* charge
A. 1712. DEBATES. 455
charge of tranfports, on the part o^ Great-Britain^
for carrying on the v/ar in Spain and Portugal^
from the beginning of it till this time, hath amount-
ed to one million, three hundred thirty fix thou-
fand feven hundred and nineteen pounds, nineteen
{hillings, and eleven pence. That of vidualling
land-forces for the fame fervice, to five hundred
eighty three thoufand, feven hundred and feventy
pounds, eight fhillings, and fix pence j and that of
contigencies, and other extraordinaries for the
fame fervice, to one million, eight hundred and
forty thoufand, three hundred fifty three pounds.
' We fhould take notice to your Majefty, of fe-
veral fums paid upon^account of contingencies and
extraordinaries in Flanders^ making together the
fum of one million, one hundred and feven thou-
fand, ninety fix pounds : But we are not able to
make any comparifon of them, with what the
States -General have expended upon the fame head,
having no fuch ftate of their extraordinary charge
before us. There remains, therefore, but one
particular more for your Majefty 's obfervation,
which arifes from the fubfidies paid to the foreign
Princes. Thefe, at the beginning of the war,
were born in equal proportion to your Majefty
and the States-General \ but in this inftance alfo,
the balance hath been caft in prejudice of your
Majefty : For it appears, that your Majefty hath
fince advanced more than your equal proportion,
three millions, one hundred fifty five thoufand
crowns, befides extraordinaries paid in Ital)\ and
not included in any of the foregoing articles,
which arife to five hundred thirty nine thoufand,
five hundred fifty three pounds.
* We have laid thefe feveral particulars before
your Majefty, in the ftiorteft manner we have
been able : And by an eftimate grounded on the
preceding fads, it does appear, that over and
above the quota's on the part of Great-Britain^
G g 4 * anfwer-
43^
X Jtx s\ i^ X ri. ivx Cj L-s xxxrwi
anfwering to thofe contributed by your allies,
more than nineteen millions have been expended
by your Majefty during the courfe of this war,
by way of furplufage or exceeding ; in balance of
which, none of the confederates have furnifhed
any thing whatfoever.
' It is with very great concern, that we find fo
much occafion given us to reprefent, how ill an
ufc hath been made of your Majefly's and your
fubjeds zeal for the common cauie, that the inte-
reft of that caufe hath not been proportionably pro-
moted by it, but others only have been eafed at
your Majefty's and your fubjetfts coft, and have
been connived at in laying their part of the burthen
upon this kingdom, although, they have upon
all accounts been equally, and, in moft refpeds,
•much more nearly concerned than Britain in the
ififuc of the war. We are perfuaded your Majefty
will think it pardonable in us, with Ibme rcfenr-
ment to complain of the little regard which fome
of thofe, whom your Majefty of late years entruft-
ed, have fnewn to the intereft of their country,
in giving way, at leaft, to fuch unreafonable im-
pofitions upon it •, if not in fome meafure contri-
ving them : The courfe of which impofition hath
been fo fmgular and extraordinary, that the more
the wealth of this nation hath been exhaufted, and
l\\t more your Majey's arms have been attended
with fiiccefs, the heavier hath been the burthen
laid upon us -, whilft, on the other hand, the more
vigorous your Majefty's efforts have been, and
the greater the advantages which have redounded
thence to your allies, the more thofe allies have
abated in their fhare of the expence.
* At the firft entrance into this war, the Com-
mons v/ere induced to exert themfelves in the ex-
traordinary manner they did, and to grant fuch
large fupplies, as had been unknown to former
ages, in hopes, thereby, to prevent the mifchiefs
' of
A. I7I2. DEBATES. 457
* of a lingering war, and to bring that, in which
* they were necefifarily engaged, to a Ipeedy con-
* clufion : But they have been very unhappy in the
' event, whilft they have fuch reafon to fufped,
* that what was intended to fhorten the war, hath
* proved the very caufe of its long continuance *, for
* thofe to whom the profits of it hath accrued, have
* not been difpofed eafily to forego them. And
* your Majefty will from thence difcern the true
« reafon, why fo many have delighted in ^ war,
« which brought in fo rich an harveft yearly from
« Great-Britain.
' We are as far from defiring, as we know your
' Majefty will be from concluding, any peace, but
« upon fafe and honourable terms •, and we are far
* from intending to excufe ourfelves from raifing all
« necelTary and pofTible fupplies for an effedual
< profecurion of the war, till fuch a peace can be
* obtained. All that your faithful Commons aim
* at, all that they wifh, is an equal concurrence
' from the other powers engaged in alliance with
' your Majefty, and a juft application of what hath
* been already gained from the enemy towards pro-
* moting the common caufe. Several large coun-
' tries and territories have been reftored to the houfe
* of Auftria \ fuch as the kingdom of Naples^ the
* duchy oi Milan ^ and other places in Italy : Others
' have been conquered, and added to their domi-
' nions, as the two eleftorates of Bavaria and Co-
' logn, the duchy of Maritua^ and the biftioprick
' of Liege : Thefe having been reduced in great
' meafure by our blood and treafure, may, we hum-
' bly conceive, with great reafon, be claimed to come
' in aid towards carrying on the war in Spain •, and
' therefore, we make it our earneft rcqueft to your
' Majefty, that you will give inftrudions to your
' Minifters to infift with the Emperor, that the re-
' venues of thofe feveral places, excepting only fuch
* a portion thereof as is necelTary for their defence,
* be
r ARLI AME N T ARY /I. I712.
be aflually fo applied. And as to the other parts
of the war, to which your Majefty hath obliged
your felf by particular treaties to contribute, we
humbly befeech your Majefty, that you will be
pleafed to take efFe6lual care, that your allies do
perform their parts ftipulated by thofe treaties,
and that your Majefty will for the future, no
otherwife furnifti troops, or pay fubfidies, than in
proportion to what your allies ftiall aftually fur-
nifti and pay. When this juftice is done to your
Majefty and to your people, there is nothing
which your Commons will not chearfully grant,
towards fupporting your Majefty in the caufe in
which you are engaged. And whatever farther
ftiali appear to be necefiary for carrying on the
war, either at fea or land, we will effe6lually ena-
ble your Majefty to bear your reafonable ftiare of
any fuch expence, and will Ipare no fupplies which
your fubjeds are able with their utmoft efforts, to
afford.
' After having enquired into, and confidered the
ftate of the war, in which the part your Majefty
has borne, appears to have been not only fuperior
to that of any one ally, but even equal to that of
the whole confederacy •, your Commons naturally
inclined to hope, that they ftiould find care had
been taken of fecuring fome particular advantages
to Britam^ in the terms of a future peace *, fuch
as might afford a profped of making the nation
amends, in time, for that immenfe treafure which
has been expended, and thofe heavy debts which
have been contracted in the courfe of fo long and
burthenfome a war. This reafonable expedation
could no way have been better anfwered, than by
fome provifion for the farther fecurity, and the
greater improvement, of the commerce of Great-
Britain : But we find our felves fo very far difap-
pointed in thefe hopes, that in a treaty not long
ftnce concluded between vour Majefty and the
* States-
A. 1712. DEBATES.
' Scales-General^ under a colour of mutual guaranty
' given for two points of the greateft importance to
' both nations, the &ucceJJton and the Barrier^ it ap-
' pears, the intereft of Great-Britain hath been not
' only neglected, but facrificed •, and that feveral
* articles in the faid treaty are deftrudive to the
* trade and welfare of this kingdom, and therefore,
' highly difhonourable to your Majefty.
' Your Commons obferve, in the firft place, that
* feveral towns and places are by virtue of this
* treaty, to be put into the hands of the States-Ge-
« neral\ particularly Newport, Dendermond, and the
* caftle of Ghent ; which can, in no fenfe be looked
« upon as a part of a barrier againft France ; but be-
' ing the keys of the Netherlands towards Britain^
' mufl: make the trade of your Majefty's fubjed:s in
< thofe parts precarious ; and whenever the States
* think fit, totally exclude them from it. The pre-
* tended necelTity of putting thefe places into the
' hands of the States-General^ in order to fecure to
' them a communication with their barrier, mud
' appear vain and groundlefs : For the fovereignty
* of the Low-Countries being not to remain to an
' enemy, but to a friend and an ally, that commu-
' nication mufl be always fecure, and uninterrupted y
' befides that, in cafe of a nipture, or an attack,
' the States have full liberty allowed them to take
' poiTelTion of all the SpaniJJo Netherlands, and there-
' fore needed no particular flipulation for the towns
' above-mentioned.
' Having taken notice of this concefiion made to
' the States-General, for feizing upon the whole 2lf«
* Provinces, v/e cannot but obferve to your Majefty,
' that in the manner this articles is framed, it is ano-
* ther dangerous circumftance which attends this
' treaty : For had fuch a provifion been confined to
*■ the cafe of an apparent attack from France only,
* the avowed defign of this treaty had been ful-
* &L\Qd, and your Majeily's inllrudions to your
' Am-
Parliamentary A. 17 12.
Ambaflador had been purfued ; but this necefTary
reflriclion hath been omitted ; and the fame li-
berty is granted to the State f to take poffeffion of
all the Netherlands^ whenever they fhall think
themfelves attacked by any odier neighbouring na-
tion, as when they lliall be in danger from France ;
fo that, if it fhould at any time happen (which
your Commons are very unwilling to fuppofe)that
they fliould quarrel even with your Majefty ; the
riches, ilrength, and advantageous fituation of
thofe countries may be made ufe of againfl your-
felf, without whofe generous and powerful afiiftance
they had never been conquered.
' To return to thofe ill confequences, which re-
late to the trade of your kingdoms, wt beg leave
to obferve to your Majefty, that though this trea-
ty revives and renders your Majefty a party to
the fourteenth and fifteenth articles of the treaty of
Munfter^ by virtue of which, the impofitionsupon
?A\ goods and merchandizes brought into the
Spaniflj Low-Countries by the fea, are to equal
thofe laid on goods and merchandizes imported by
the Scheldt and the canals of Safs and Swyn^ and
other mouths of the fea adjoining *, yet no care is
taken to preferve that equality upon the exporta-
tion cf thofe goods out of the Spanijh Provinces^
into thofe countries and places, which by virtue
of this treaty are to be in the pofleffion o^ihtStates.
The confequence of which muft in time be, and
your Commons are informed, that in fome in-
ftances it has already proved to be the cafe, that
the impofitions upon goods carried into thofe
countries and places by the fubjeds of the States-
General, will be taken off, whilft thofe upon the
goods imported by your Majefty's fubjeds re-
main ; by which means Great-Britain will entirely
lofe this moft beneficial branch of trade, which it
has been in all ages pofTeiTed of, even from the
time when thofe countries were governed by the
* houfe
A. I7I2. DEBATES.
* houfe of Burgundy^ one of the moft ancient, as
^ well as the moft ufefui allies to the crown of
* England.
* With regard to the other dominions and terri-
' tories of Spain., your Majefty's fubjeds have always
' been diftinguifhed in their commerce with them,
' and both by ancient treaties, and an uninterrupt-
' ed cuftom, have enjoyed greater privileges and
' immunities of trade, than either the Hollanders^ or
' any other nation whatfoever. And that wife and
' excellent treaty of the grand alliance, provides ef-
' fedually for the fecurity and continuance of thefe
' valuable privileges to Britain^ in fuch a manner,
* as that each nation might be left at the end of the
* war upon the fame foot, as it flood at the com-
« mencement of it. But this treaty we now com-
' plain of, infteadofconfirmingyourfubjedis rights,
' furrenders and deftroys them : For although by
« the fixteenth and feventeenth articles of the treaty
* of Munfter^ made between his Catholick Majefty
' and the States-General^ all advantages of trade are
* ftipulated for, and granted to the HollanderSy
« equal to what the Englijh enjoyed ; yet, the crown
« of England not being a party to that treaty, the
' fubjeds of England have never fubmitted to thofe
' articles of it, nor even the Spaniards themfelves
' ever obfcrved them : But this treaty revives thofe
* articles in prejudice of Great-Britain^ and makes
< your Majefty a party to them, and even a guarantee
* to the States-General for privileges againft your
' own people.
' In how deliberate and extraordinary a manner,
« your Majefty's AmbaiTador confented to deprive
* your fubjecls of their ancient rights, and your
' Majefty of the power of procuring to "them any
* new advantage, moft evidently appears from his
* own letters, which by your Majefty's directions,
' have been laid before your Commons : For, when
* matters of advantage to your Majefty and to your
' king.
402
r ARL I AME N T AR V J\. iyi2.
kingdom had been offered, as proper to be made
parts of this treaty, they were refufed to be admit-^
ted by the States-General^ upon this reafon and
principle, that nothing foreign to the guarantees of
the fuccefilon, and of the barrier, fhould be
mingled with them •, notwithftanding which, the
States-General had no fooner received notice of a
treaty of commerce, concluded between your Ma-
jeily and the prefent Emperor, but they departed
from the rule propofed before, and infilled upon
the article of which your Commons now com-
plain, which article your Majelly's AmbafTador
allowed of, although equally foreign to the fuc-
cefilon, or the barrier ; and although he had for
that reafon departed from other articles which
would have been for the fervice of his own
country.
* We have forborn to trouble your Majefly with
general obfervations upon this treaty, as it relates
to, and affefts, the empire, and other parts of
Europe. The mifchiefs which arife from it to
Great-Britain., are what only we have prefumed
humbly to reprefent to you. As they are very
evident and very great, and as it appears, that the
Lord Vifcount Townjhend had not any orders or
authority for concluding feveral of thofe articles,
which are mofb prejudicial to your Majefty's fub-
jecls, we have thought we could do no lefs, than
declare your faid AmbafTador, who negociated
and figned, and all others who advifed the rati-
fying of this treaty, enemies to your Majeily,
and your kingdom.
' Upon thefe faithful informations and advices
from your Commons, we affure ourfelves, your
Majefty, in your great goodnefs to your people,
will refcue them from thofe evils, which the pri-
vate counfels of ill defigning men have expofed
them to ; and that in your great wifdom, you will
find feme means for the explaining and amend -
! ing
A. 1712. DEBATES. 463
* ing the feveral articles of this treaty, fo as that
' they may confifl with the intereft o^ Great-Britain^
*• and with a real and lading friendlhip between your
* Majefty and the States-General.
Her Majefty 's anfwer.
'J^HIS reprefentation is a further inftance of that du-
tiful affe5fion to my fervice^ and concern for the
puhlick interefl^ which the houfe of Commons has always
Jhewn.
Ton may he afftired^ that 1 will give fuch orders as
fhall effectually anfwer what you defire of me in every
particular.
On the 3d of March^ the Lord Keeper of the
great feal, the Lord High Treafurer, and other
Lords commifTioned by her Majefty, to give the
royal aflent to feveral bills, fent a meflage to the
houfe of Commons, by the Gentlem.an Uftier of the
Black-rod^ to defire the imniediate attendance of
that houfe in the houfe of Peers ♦, which being
readily complied with, the Lords Commiflioners
gave the royal affent to feveral publick bills.
On the 6th of March ^ the Commons took into
confideration the merits of the petition o^Samuel^ay-
lor^ Efq-, and of the free- men and burghers of the
borough of King^s-Lynn^ in the county of Norfolk^
againft the eledion of Robert Walpole^ Efq-, and a
motion being made, and the queftion put, that
counfel be called in, it paiTed in the negative.
Then the writ for electing a Burgefs for the faid "^^^^^ ^jj^
borough in the room o{ Robert IV alp ole^ Efq; expel- deaionof
led the houfe, and alfo the Sheriff of Norfolk's pre- ^^^^'J^'
cept thereupon, and the indenture of the return be-
tween the faid Sheriff and the Mayor and burgefies
of the faid borough, were read j after which 11 was
refolved,
I. That
4-04 X-A KL. 1 A M K IN 1 A K Y t\.JJJ2»
1. That Rokrl IFalpole^ Efq^j having been this
feflion of Parliament committed a prifoner to the
tower of London^ and expelled this houfe for an
high breacli of truft in the execution of his office,
and notorious corruption when Secretary at war,
was, and is incapable of being eledled a member
to ferve in the prefent Parliament.
2. That Samuel "Taylor^ Efq; is not duely elefled
a Burgefs to ferve in the prefent Parliament for the
borough o{ King^s-hynn.
3. That the late eledion for a Burgefs to ferve
in this prefent Parliament for the faid borough of
King^S'Lynn is a v^cid eledion.
And thereupon it was ordered, That Mr. Speaker
do iflue his warrant to the clerk of the crown, to
make out a new writ for the electing a Burgefs to
ferve in this prefent Parliament for the borough of
King's-Lym^ in the county of Norfolk^ in the room
of Rokrl IVdpole^ Efq;
On the 13th, upon a motion made in the houfe
of Commons for the reading two a6ls pafTed in the
Parliament of Scotland^ the one intituled, An oM
concerning patronages^ in July 1690 ; the other, Ar^
a^ for encouragement of preachers at vacant churches^
by North- f or th^ in Jiily^ i^95> the fame were read
accordingly : And a motion being made, and the
queftion propofed, that leave be given to bring in
Bill to re- a bill to rejlorc the patrons to their ancient rights of
iiore the pa- -prefentin? minifiers to the churches vacant^ in that
ttons to s J c^ *^
their an- part of Great- Britain called Scotland ; a debate arofe
dent rights thcreuDon, and a motion was made, and the que-
in Scotland r' i r • ^ ^ y i i* i r»
brought in, ftion put, that the faid debate be adjourned : But
the queftion being carried in the negative, the faid
bill was afterwards ordered to be brought in, and
Mr. Murray^ Mr. Mackeyizie^ and Mr. Ciirnegie
were appointed to prepare and bring in the fame,
which was done accordingly a week after.
Upon
A. 1711. DEBATES. 46^
Upon the bringing in of this bill, it was repre-
fented, both viva voce^ and in * print, That lay*An'ac-
patronages are fo far from being the ancient con- p°tr"onagef
flitution o'i Scotland^ that there is fcarce a country in inScotiarM
Chriftendom where ever they had fo little footing ;
fo that if the Scotch patrons were put to juftify their
titles, by the old maxim of the canonifts^ patronum
faciunt dos, edijicatio^ fundus •, they would make but
a very indifferent plea of it ; for the tythes were
the patrimony of the Church of Scotland^ as appears
by A^. 10. Pari, i Jac. IV. in 1578. And by
many other a6ls. That the tythes were fettled by
the legiflature, and that fuch endowments as bave^
at any time, been made for the rents of crown^
required the confent of Parliament to make them
good ; and as the Pope'*s canon law^ from whence
patronages proceeded, it never obtained fo far in
Scotland as to be much regarded. That this is evi-
dent from many Scots laws, which forbid their be-
ing governed by any other ; and from the pragma-
tical fan6lions between the Popes and the Kings of
Scotland^ who were always as inflexible in this mat-
ter, if not more, than the Kings of France. That
when the Pope's authority was abrogated in Scot-
land^ by adlof Parliamant in 1560, all jurifdidlion
derived from him, fell with it ; and his canon law
among the reft, except what part of it the Scots re-
tained for its own equity, and its agreeable nefs to
their conftitution, which was followed in commiffary's
courts, ^c. That accordingly the Church of Scot-
land., from the beginning of the reformation, de-
clared againft lay patronages and prefentations ;
which appears from the firft book of difcipline^
drawn up by order of the government, and agreed
to in the privy-council, Jan. 17. 1560 ; where^
in the 4th head, concerning the lawful election of mi-
nifiers.^ the power of eledion is lodged in the pa-
rilhioners ; and in cafe they delayed it 40 days, the
Vol.. V. H h pre-
ADO JTAKl^l^iVlH/IN 1AK.Y X\» 17 IZ,
prefentatlon was to be in the Superintendant and hi^
council, viz. the minifters and elders of his pro-
vince: That in the firft General Affembly of the re-
formed Church of S col land, opened the 20th of De-
cemkr, 1560, about four months after the Pope's
authority was abolifhed, it was enacted. That the
eJedion ofmembersfiiouldbe in thepublick Church,
by the people, and that notice fhould be given of it
the funday preceding. That it was the fame as to
the eledtion of Superintendants, as may be feen by
the form of it, prefixed to their old pfalm-books,
and the firft book of difcipline, under the head of
the election of Superintendants •, and the Church requir-
ed that the minifters, the poor, and the fchools,
ihould be provided for out of the ty thes which were
the patrimony of the Kirk, as appears by the 6th
head of the firft book of difcipline, under the title
of the rents and patrimony of the Church. That in
the 3d feflion of the 4th General Affembly, held at
Edinburgh., it was enacled, 'Dec. 27, 1562, that the
prefentation of minifters fhould be in the people.
That this was the ftate of things at Queen Marf^
arrival from France., Aug. 19, 1561, and the 25th
of that month her Majefty declared by proclama-
tion, that no body on pain of death, fhould at-
tempt privately or publickly to make any alteration
cr imiovation in the flate of religion ; and fhe pro-
mifed to attempt nothing againft it herfelf, but to
fettle all things with the confent of the ftates. That
this promife was kept no otherwife, than as popifh
Princes ufed to do with their proteftant fubjeds \ fo
that fhe and her courtiers were unwilling to part
with the patronages and patrimony of the Church,
which they had pofTefTed themfelves of on the abro-
gation of popery ; infomuch that the poor minifters
had httle tXf^ to maintain them but the benevolence
of their hearers ; and with much ado, after many
petitions, they obtained a third of the tythes, which
was
A. 1712. DEBATES. 467
was but indifferently paid ; fo little real dependance
had they on lay patrons. That the Church being
under thcfe prefTures, Ihe was willing to comply as
far as flie could in confcience, in order to obtain
what farther reformation was wanting, andaredrefs
of her grievances. Therefore (he agreed in the Af-
fembly of 1565, that her Majefty, or any other
patron, might prefent to vacant benefices, but on
condition that they prefented qualified perfons, and
fubjedled them to the examination of the Kirk, zvho
had the right cf cclktion to the cttre^ if the patron had
the prefentation to the henefxe ; otherwife, fay they,
the patrons might obtrude fuch perfons as they
pleafed upon them. And thus, as they complain
in the 6th head of the firft book of difcipline, the
papiftical tyranny Jhotild he only changed into that of th6
Lord and Laird \ therefore they required, that the
Kirk might bereftored to her liberty, of which fhe
had been cruelly bereft by the papifts. That in the
2d book of the difcipline, agreed on by the General
Affemibly of 1578, regifteredby that of 1581, and
ordered to be fubfcribed by all miniilers, they de-
clare them felves, chap, 12, Thus: ' The liberty of
* eledions of perfons called to ecclefiaflical fundions,
* and obferved without interruption fo long as the
' Kirk was not corrupted by antichrift, we defireto
* be reflored and retained within this realm, fo that
^ none be intruded upon any congregation, either by
' the Prince, or any inferior perfon, without law-
* ful eledion, and the aifent of the people over whom
' the perfon is placed, as the pra6lice of the apo-
' ftolical and primitive Kirk and good order craves 5
* and becaufe this order which God's word craves^
* cannot ftand with patronages and prefentations to
' benefices ufed in the Pope'^s Kirk, we defire all
' them that truly fear God, earneftly to confider^
' that for as much as the name of patronages and
* benefices, together with the effects thereof, have
H h a * fio'wd
*' flowed froin the Pope and the corruption of the canon
* law only^ in fo far as thereby any perfon was in-
' truded or placed over Kirks having curam Ani-
* marim : And for as much as that manner of pro-
* ceeding hath no ground in the word of God, but
* is contrary to the fame, and to the faid liberty of
' eledion, they ought not now to have place in the
« light of the reformation. But as to thofe patro-
' nages that have not curare Animarum^ as chaplinries,
* prebendaries, ^c, founded upon temporal lands,
* annuals, and fuch like, they may be referved to
* the ancient patrons, to difpofe of to fcholars and
' burfars, according to aft of Parliament.' That
the courtiers though unwilling to part with the pa-
tronages, agreed, hov/ever, that the power of pa-
trons fhould be reilrained. Thus by the 7th a6l of
the firft Parliament of King James VI, held anno
1567, it was enafted, that the examination and ad-
miffion of minifters he only in the power of the Kirk^
and that the patron prefent a qualified perfon within
fix months (after the deceafe of the former incum-
bent comes to his knowledge) to the Superintendant
or others having the commifTion of the Kirk, other-
wife, the Kirk to have power to difpofe of the fame
to a qualified perfon. That the qualifications re-
quired were, That he fliould agree with the church
in dodlrine, and the adminiftration of the facra-
ments, according to the confefTion of faith, as ap-
pears by the ad 6 Pari. i. James VI. That the
a6l 46 Pari. 3. of that Prince enjoins, that the mi-
jiifter fliould be under the difcipline of the Kirk,
partake with her in facraments, fubfcribe the articles
of religion, and give his oath for acknowledging
the King and his authority : And by Parliament 6.
ad; 68. James Vlth, they who refufe to communi-
cate with her in the facraments, as adminiflered
in the Kirk, according to the confefTion of faith,
or contradid the faid confefTion^ are declared to be
no
A. 1712. DEBATES. 469
no members of the Kirk, fo long as they do lb :
And by the 69th ad: of the fame Parliament, it is
declared, That there be no other jiirifdi^ion ecckfiaftic
acknowledged within this realm^ than that which is^ or
fmll be within the fame Kirk^ or that flows therefrom.
That by the faid ad of 1567, in cafe of a failure,
by the Superintendant, or Commiflioner of the
Kirk, to admit a qualified perfon, prefented by the
patron, there lay an appeal to the Superintendant
and Miniflers of the province ; and if they refufcd
to admit the qualified perfon, an appeal was to be
made to the general afTembly, whofe determi-
nation was to be decifive. That notwithllanding
this reftridlion on patrons, many abufes refulted
from the patronages, by contradts betwixt the pa-
trons and fome miniflers, who were guilty of dila-
pidating the rents of the benefices (without regard
how their fuccefTors fhould live after them) for the
fake of a prefent profit : And by the fame method,
benefices were conferred upon unqualified perfons,
both by the King, and other lay patrons, againfh
which a remedy was provided by the loifl and io2d
ads of King James Vlth's 7th Parliament, October
the 24th, 1581, and by the ii6th ad of this 12th
Parliament, which met June 5, 1592, by which
the collation and deprivation of minifters v/as lodg-
ed in the Church, as a privilege granted by God to
her fpiritual office-bearers^ w^herein her general afTem-
blies were alfo ratified and approved, with all her
privileges and freedoms -, and among others, all
prefentations to benefices were to be direded to the
prefbyteries with a full power of collation ; and by
the 17th ad, the Church had a power of prefenting
jure devoluto, if the patron did not prefent a quali-^
fied perfon after the vacancy of fix months. But
a referve being made in the 1 1 6th ad, that they
fhould receive and admit any qualified perfon pre-
fented by his Majefty, or lay patrons, the abufe
H h 3 conti-
470 Parliamentary A. 17 12.
continued, and miniflers were deprived of their be-
nefices by feveral patrons •, to prevent v/hich, the
169th a6l of King James Yhh^s 13th Parliament
was made. That notv/ithftanding all thefe pro-
vifions againil the abufe of patronages, the General
Aflembly of 1596, finding that by thofe prefen-
tations many perfons were forcibly thruR into the
miniftry, and obtruded upon congregations, whofe
conduct fhewed they v/ere never called of God, the
AfTembly provided, that none fhould feek prefen-
rations to benefices, zvithout advice of the Presbytery^
in whofe bounds they lay^ on pain of being repelled,
as rei ambitus \ and they defired that fuch as were
guilty of dilapidating benefices, or of conferring
them for favour or money, fo as they became lay
patronages, might be puniflied as dilapidators.
That thus thefe lay patronages continued a fubje6t
of controverfy betwixt lay patrons and the Churchy
and occafioned many abufes and much clamour by
the courtiers againft her, but they could not fully
accomplifh their defign till after the Union of the
crowns, when the court being at a difcance from
Scotland^ and open to the confbant follicitations of
men of other principles, the ftate of Bifhops was efla-
blifhed in Scotland by the 2d a6t of King James
Vlth's 1 8th Parliament, which met J/^/y 9, 1606,
after which, the power of prefentation was lodg-
ed in the Archbifhops and Bidiops ; but the pa-
trons, by their interefl in Parliament, had the
Juck to keep their patronages on foot under
feveral reflridions, which did not remove the
evil complained of from the beginning \ and as an
immediate and obvious confequence of it, fimony^
which is a diredl bargain betwixt the patron
and the minifler to be prcfented, for obtaining
a fpiritual charge in the Church ; was openly tole-
rated, to the great fcandal of religion, and mani-
feft decay of piety and learning s for the patrons by
thefe
A. 1712. DEBATES. 47
thefe Simoniacal contracSls, converted the tythcs to
their own private ufe, and no Minifter was prefent-
ed, till he had given a leafe to his patron of the
tythes of his parilh, in confideration of a poor ali-
ment to himfelf and his family : An abufe which
ought certainly to affecl all thofe v/ho are truly reli-
gious and zealous either for the Church of England
or Scotland. That this abufe having filled the Church
with unqualified perfons, it was one of the principal
caufes of complaint which brought on the civil war,
and occafioned the abolition of Prelacy in Scotland^
as may be feen by the adls of AfTembly and papers
of flate, from 1638, to 1641. That Presbytery
being reftored in a Parliament where the King was
prefent, the affair of patronage v/as accommodated
betwixt the King and the Church, in this manner :
Upon a petition from the Ailembly, for the better
providing of vacant Churches in his Majefty's pre-
fentation with qualified Minifters, his Majefty
agreed, that upon the fending him a lifl of fix per-
fons by the Prefbytery where the vacancy lay, he
would prefent one of them, as appears by his decla-
ration figned with his own hand at Whitehall, Jan,
3, 1642, and regiflered in the books of the AfTem-
bly the 3d of Augiift following : And by an a6t
of the AfTembly, of the- fame date, it appears, that
the patronages formerly belonging to the Bifhops,
were veiled in the Prefbyteries, by ad: of Parlia-
ment, and that the like method of the Prefbyteries
fending a lifl of qualified perfons to other lay pa-
trons, as to his Majefty, was alfo agreed upon. But
in the AfTembly of 1643, they petitioned his Maje-
fty, that confidering thedifBculty of obtaining a lift
of fix able and well qualified perfons, for every va-
cant Church in his Majefty's prefentation, he would
accept a lift of three, and of any one qualified perfon
who fpoke Irijh, for a vacant Church in the High-
lands, That matters continued thus, till 1649,
H h 4 \yhen
4.72 Parliamentary A. 1712.
when all thefe reftridions not being found fufficient
againfl the abufes of lay-patrons, they were totally
abolifhed by acl of Parliament. That Epifcopacy
and Patronages were reftored by acls of Parlia-
ment in King Charles lid's reign •, but when the
meeting of the Eftates of Scotland v/as called in
1689, for fecuring the Protefrant religion, and the
ancient laws and liberties of the kingdom, to the
legality of which meeting, the Bifhops did alfo
fubfcribe, the eftates did claim among other things,
by their declaration of right •, that Prelacy^ and the
fnperiG7'ity of any office in the Chu7'ch above Presbyters^
is, and has been^ a great and infupportabk grievance
and trouble to this nation \ and contrary to the inclina-
tion of the generality of the people everfmce the refor-
mation [they having reformed fromPopery byPresbytery)
and therefore ought to be abolifhed. That , this meet-
ing of the eftates did, by the loth a6l, addrefs
King William^ That the faid meeting fhould be turned
into a Parliament for fecuring the Protefiant religion,
the government, laws and liberties of the kirtgdom^ and
redrejjing the grievances by them r^prefented. To which
his Majefty agreed. And, fo purfuant to the claim
of right, Prelacy was abolifhed by the 3d acl,
Seir. I. of King William and Queen Mary, July
22. 1689. and by adl 2d, SefT i.Jprilic,, 1690,
the Prefbyterian Minifters who were thruft from
Churches fince January i, 1661, were reftored.
That in the 5th a6t of the fame fefTion, the Parlia-
ment proceeded to fettle Preft)yterian church go-
vernment upon the foot of the act of 1602. And
ratified and revived the faid aft in the whole heads
thereof, except that part of it relating to patronages,
which, they declare, is hereafter to be taken into con-'
fideration. That purfuant to this refervation, by the
23d act of that fame Parliament, July 19, 1690,
they took away the patrons power of prefentation :
All which a6ts were frequently ratified not only by
: ^ King
A. 1712. DEBATES.
King William^ but by her prefent Majefty. That
the ad which moft immediately relates to the patro^
nages in debate, is the 6th ad of her Majefty's
Parliament, for fecuring the Proteftant religion and
Prefbyterian church government, pafTed Jan, 16,
1707 ; wherein her Majefty, with the advice and
confent of the eftates of Parliament, ratifies,, ap-
proves ^^ and/9r ever confirms^ the 5th ad of the ifl;
Parliament of King William and Queen Mary^
containing the claim of right : So that on this 23d ad
of Parliament, concerning patronages^ now fought to
be refcinded^ being made purfuant to the above
mentioned article of the claim of rights to the very
end of turning the faid meeting of the eftates into
a Parliament, and for compleating the fettlement
mentioned in the faid 5th ad for fettling prefbyterian
church government, in the terms of it, is very plainly
confirmed by the faid 6th ad of her Majefty's Parlia-
ment, 1707, which is made and exprefly declared to
be, a fundamental and ejjential condition of the trea^
ty of Union, That befides, by this ad for aholifhing
•patronages,, now fought to be refcinded, nothing but
the right of prefentation is taken from the patrons,
in order to fettle the call of Minifters upon the foot
of a free apoftolical eledion, which the church of
Scotland has always contended for ; and this the pa-
trons have fo little caufe to complain of, that their
civil right is put in a better condition than before,
for now they have a right to the tythes, and are in
a manner made titulars ; whereas, fo long as they
continued only patrons, they were under a neceflity
to make contrads with the Minifters they prefented,
about the right of tythes, which now they need not
to do, fince they themfelves are the titulars, and the
Minifters only ftipendiaries. That this has effedu-
ally put a ftop to ftmoniacal contrads, which have
ever been abhorred by all Chriftian churches, and
by none more than the church of England,, as may
be feen in the 40th canon, in the preamble of which
ftie
Parliamentary A. 1712.
ihe juftly fays, that fimony is a det eft able fin ^ and that
the buying and felling of fpiritiial and ecclefiaftical fun-
^ions^ offices^ promotions^ dignities and livings^ is exe-
crable before GOD. That therefore the Scots Pref-
byterlans hope, that fince the Church of Englayid
corr-plains of lay patronages as a grievance, the legi-
flature will not again put their necks under that yoke,
which neither they nor their fathers were able to
bear, fince providence had delivered them from it,
and that they were as much fecured againft it, as
their own particular laws, founded upon the claim of
right, and the treaty of Union^ could fecure them.
That 'tis now ufed as an argument for reftoring
lay patronages •, that the right of prefenting Miniflers
is a right of property^ to which the patrons have as
good a title as to their eftates ; and that there was
about 33 /. Sterling to be paid to the patrons, for re-
nouncing their right of prefentation, which has ne-
ver been paid. To this it is anfwered, that thefe
are very flight pretences to weaken or alter the con-
ftitution of a church fo folemnly eftabliihed, as a
fundamental and unalterable article of the Union.
That the fair dealing which is eflential to the execu^
tion of all treaties does not admit, that upon fuch
pretences there fliould be the leaft ftraitning of the
benefit intended for the quiet and fatisfadlion,
as well as for the fecurity, of the church of Scot ^
land. That no fober man can imagine, that any
one has that fame property in prefenting Miniflers
to churches, as they have in their lands, houfes,
goods, and chatties : Befides, as was before obferved,
the patrons of Scotland have not the foundation of
patronage required by the canon law. That the
churches of Scotland are not endowed by the pa-v
trons, nor out of any private eflate *, for fince the
reformation, the (late of the provifion of Miniflers,
and confequently of the patrons claims, is very
much altered. That Minifters have their flipends
or allowance for ferving the cures, out of the tythes,
which
A. 171^. DEBATES.
v/hich is by law accounted the patrimony of the
church, and churches are appointed to be built and
repair'd by the parifhioners. That the ground up-
on which the churches are built, the glebes, and
Minifters dwelling houfes, are, by law, taken out
of the property of the parifh ; fo that it is the
church and the parifh that have the title of the
canon law to the patronage, fince it is the pariili
that gave the Dos^ Edificatio^ and the Fundus : But
fuppofing it were otherwife, it is very ftrange to re-
new thofe claims now, after things have been efta-
blifhed to the contrary, as an inviolable and funda-
mental article of the Union, That the other part of
the objedion, that the patrons have not received the
o^'^^l. for refigning their right of prefentation, could
not be allowed as a good reafon to reftore that right,
fmce the very a6l did provide for a diftrefs and
execution at the fuit of patrons, againfl the parifh,
if the faid 33/. was not paid -, fo that if this execu-
tion has not been made ufe of by the patrons, *tis
their own fault -, and therefore they cannot, injullice,
pretend to have fuch a relief as a right to the prefen-
tation, for that which has been the confequence of
their own negledl. That further, it is wrong to
pretend that there was no other price appointed by
the faid ad for the right of prefentation but the
OjQ^L above mentioned, fmce there is certainly a
more valuable confideration -, for the patrons, who
before that adl could have no right to the tythes
but by fimony, which is execrable, and confequent-
ly not to be juftified by any colour of law, have, by
the very ad: which deprives them of the right of
prefentation, a title to the tythes, with the burden
only of a fair and honeft provifion to be fettled by
the law upon the Minifters for ferving the cure ;
which patrons have enjoyed for 22 years, and by
virtue of that title, the tythes have been conveyed
from hand to hand. That it is likewife given out,
that
Par l I am e n t ary A. 1712,
that the manner of calling Mlnifters, as eftablifhed
by the laws of Scotland^ and the treaty of Union, has
been the caufe of much diflenfion and divifion, and
that the votes of farmers, mechanicks, and other
mean people, have been of equal or greater weight
than thofe of the chief landed men of the pariih,
Csfr. But if this objection be good, then the practice
of the primitive church was erroneous, and chrifti-
anity itfelf culpable •, which, tho' in its own nature
a do6lrine of peace, has, through the corruptions of
men, occafion'd divifions amongft the neareft rela-
tions. That a few ill-grounded ftories are not fuf-
ficient to overturn a law, that has now been in pof-
fefiion of the church and people for 22 years : And
that it might be proved that the chief divifions
which have happened on this account arofe from
fuch as are difaffeded to the civil government. Nor
is it likely, that the reftoring the right of prefenta-
tion to patrons, will cure this pretended evil : Will
not the body of the parifh complain that a Paftor
is impofed upon them ? Has a fuperior a title to im-
pofe, in matters of that kind, upon his vaflal ? Or
a landlord on his tenant ? Has not the exorbitant
ufurpation of fuperiors and landlords over mens bo-
dies and goods been loudly complained of ? And
will they now pretend to extend their fuperiority
over the peoples fouls tod in matters of a fpiritual
concern ?
In fhort, all thefe obje6l:ions are trifling, and thofe
who make them don't feem to have read the ad
concerning patronages, which they would have re-
pealed. The words of it are, 'That the heritors^ i. e.
landed men of the parifh, being protejlants, and the
Elders^ (not the mob) are to name the Minifter to the
whole congregation^ to be approved or difapproved ; and
if they difapprove, the difapprovers muft give in their
reafons to be examined by the Presbytery •, and if their
reafons be not found good, the nomination of the heretors
and
A. 1712. DEBATES. 477
and elders ftands : So that the claim of thofe who
infill on this argument is, to take away the right of
prefentation from the landed men of the parifh, and
give it to the patron, who frequently has no refidence
or intereft in the parifh, nor is fo much as known
to them by face, but lives in a remote country, and
is often a man of a much lefs eftate than any of the
heritors of the parifh.
But if the hazard of divifion be a good argu-
ment, 'tis much flronger upon the fide of thofe who
fiiave a (landing law to fupport their claim. For 'tis
plain and undeniable, that many of the patrons in
Scotland, are neither well-affeded to the eflablifh-
ment of the church nor the civil government,
and no doubt fuch patrons will prefent men to
whom the church can't agree, and then a divifion
mufl arife betwixt the church and patrons upon
every occafion of a vacancy, of which the mofl
obvious confequences are, that the churches will be
kept vacant, to the great difcouragement of religion
and piety, and in fome countries to the great en-
couragement of Popifij Priefls. Quarrels will alfo
arife betwixt the patrons and the parifh, about the
difpofal of the fruits of the benefice during the va-
cancy, which difaffecled patrons will think pioufly
applied, when given to fuch Miniflers as are of
their own Itamp, and enemies both to the church
and the civil government. Now whether thefe in-
conveniencies don't very much call the ballance up-
on the fide of a flanding law, which the people
have been poffeffed off for 22 years, and is ratified
by the treaty of Union ; let all impartial men
judge.
'Tis alfo obfervable, that there's another thing
demanded, viz. The repealing of the ads about
fupplying vacant churches by North-forth^ upon a
pretence of feveral burthens impofed upon vacant
ilipends, to the prejudice of the patron's right of
difpcJf
Parliamentary A. 17 12,
difpofing thereof. This feems to be foreign to the
patron's pov/er of prefentation contended for, and
only brought in to perplex and difquiet the efla-
blifhed church, which has as good a right to the be-
nefit of thofe ads for fupplying the faid vacant
churches, and to the encouragement of thofe who
preach in them, as to any of the other rights and
privileges which are confirmed and referved to her
by the Union. Can the ftipends of vacant churches
be applied to any more pious ufe than that of in-
ilruding people who have not the benefit of a fet-
tled Miniiler, efpecially in fuch parts of the country
where Papifts and Jacobites are fo much encouraged,
and who have joined in mobbing and afTaulting not
only the Minifcers fent to preach there, but her Ma-
jefty's Juflices of the peace, who came to fupport
them, according to the duty of their ofHce ?
To conclude, what good reafon can there be gi-
ven for breaking in upon the fettlement of the church
of Scotland, and alarming its members in fo material
a point, as depriving them of the power to call their
own Minifters ; and that too whilft the moft remota
apprehenfions of danger to the church of England^
occafion fuch extraordinary uneafmefs to her mem-
bers, and give rife to new fences and fecurities for
her, beyond what is provided in the treaty of Union,
Is it fuitable to the fair execution of that treaty, that
whilft the fecurities of the one are increafed, things
are interpreted in the ftrideft manner to the preju-
dice of the other ; her fecurities endeavoured to be
diminilhed, and even her rights and pofTelTions taken
from her ? Are not both churches eftablifhed upon
a foot of equal fecurity by the union ? • And is there
any manner of comparifon betwixt the hazard of
the one and the other ? Certainly fome mens pro-
ceedings give us reafon to fufped that they will
leave no article of the union unattempted, when they
are for breaking in thus upon the rights and privi-
leges
A. 1712. DEBATES. ^ 479
leges of the church of Scotland^ which are made a
fundamental and eflential condition of the Uniouy
and are feciired by the treaty from any alteration
thereof, or derogation therefrom, in any fort, for
ever. How well fuch projeds agree with loyalty to
her Majefty, and zeal for the Hanover fucceflion,
that has no other eilablifhment in Scotland^ but from
the Union treaty^ which her Majefty has declared to
be one of the tranfadions of her reign, that fhe glo-
ries moft in, let the world judge.
But notwithflanding the reafons contain'd in this Bill to repeal
account, which was written by a learned Scotch ]J'^'^(^^^^
member, the majority of the houfe of Comm^ons gingthera&
feemed refolved to go through with the bill for re- '■"'^^^''^^*
ftoring lay patronages ; and to fliew yet the more
favour to thofe of tho, epifcopal communion, they
ordered a bill to be brought in for repealing an ad:
pafTed in the parliament of Scotland^ intituled, An.
aEl for difcharging the yule vacance -, that is, for re-
ftoring the obfervation of Chriftmas holy-days :
Which Mr. Carnegie did, accordingly, prefent to
the houfe on the 17th of March^ when the fame was
read the firfl time, and ordered a fecond reading.
ne End of the Fifth Vo l u m e.
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