turn it, at the same time have the insolence to depend upon the clemency of it for their security; while they are endeavouring to destroy all liberty, they are clamouring that a few of them, are, for the public safety, confined: whilst they are attempting to destroy all property, they are murmuring at the necessary taxes given to your Majesty for the security of it And whilst they act against all law themselves, they trust and are confident that, even in their own case, the laws of the realm will be the rule and measure of your actions. us, "We beg leave to acknowledge, with great gratitude, your Majesty's goodness, in assuring that notwithstanding the traiterous practices of your enemies have made the increase of the annual expence necessary, yet care will be taken, that the supplies to be asked for the year ensuing, shall very little exceed what was given for the service of the last. "And we assure your Majesty, that we will not only make good the extraordinary expences that have been already incurred, but will, with all cheerfulness, grant whatever shall be necessary for the safety of the kingdom; being entirely convinced, that we can by no other means restore public credit, and enable ourselves to attempt the gradual reduction of the great national debt, with a strict regard to parliamentary faith, than by doing every thing in our power for the support of your Majesty's government, and the happy establishment in your royal family. "And we do with all humility return your Majesty our unfeigned thanks for your most gracious Declaration, on which we entirely rely, that your Majesty will steadily adhere to our constitution in church and state, and continue to make the laws of the realm the rule and measure of your actions." The King's Answer.] To the above Address the King returned the following Answer: "Gentlemen ; "I return you my hearty thanks for this very dutiful and loyal Addresss. The seasonable declarations of your zeal and affection to my person and government, will, I doubt not, contribute very much to the tranquillity and safety of the kingdom; and as I shall always look upon my own and the interest of my peo'ple to be inseparable, you may be assured I shall make no use of any power or confidence that faithful Commons shall place in me, iny but in support of the constitution, and in maintenance of the rights and liberties of my people." The Bishop of Rochester, Lord North and Grey, and the Earl of Orrery detained in the Tower, on account of the Conspiracy.] Oct. 17. Lord Carteret acquainted the Lords, That the bishop of Rochester, the lord North and Grey, and the earl of Orrery, were committed to the Tower for having entered into a dangerous Conspiracy against his Majesty's person and government; and that his Majesty picion of High Treason.] Oct. 26. The The Duke of Norfolk committed on a SusHouse was informed by lord Townshend, That his Majesty, having just cause to suspect the duke of Norfolk was engaged in the traiterous Conspiracy carrying on, had caused him to be apprehended, and did desire the might be committed and detained. A motion consent of the House, that the said duke being thereupon made, to consent that the said duke be committed and detained accord ingly; the same was strenously opposed by Strafford, Coningsby, and Uxbridge; the lords the earls of Aylesford, Cowper, Anglesea, Bathurst, Lechmere, and some others; But they were answered by the lords viscounts Harcourt, Townshend, the duke of Newcastle, and the lord Carteret: Protest against it.] Then the question being put upon the said motion, it was carried in the affirmative, by 60 voices against 28. "Dissentient' "1. Because we apprehended it to be one of the ancient undoubted rights and privileges of this House, that no member of the House be imprisoned or detained, during the sitting of parliament, upon suspicion of High-Treason, until the cause and grounds of such suspicion be communicated to the House, and the consent of the House thereupon had to such imprisonment or detainer, which ancient right and privilege is recognized and declared, in plain, express and full terms, in the act passed this session of parliament, to which the message from his Majesty refers. 2. Because it appears clear to us, not only from former precedents, even when no but also from the necessary instruction of the such law was in being as that above-mentioned, Parliament, that the House is intitled to have proviso therein concerning the privileges of the matter of the suspicion communicated to them in such manner as is consistent with the dignity of the House, and will enable them to deliberate and found a right judgment thereupon, for or against the imprisonment or detainer of the person concerned; But to maintain, that whilst that law shall be in force, it shall be sufficient, in order to obtain the consent of the House, to communicate a general suspicion that a member of the House is concerned in a traiterous conspiracy, without disclosing any matter or circumstance to warrant such suspicion, is, in our opinions, an unjustifiable construction of the said proviso, and such as wholly deprives the House of the liberty of giving their free and impartial advice to the throne on this occasion; and such a construction being made upon a law, s plainly intended by the wisdom of this par 2 liament to assert the privileges of both Houses, appears to us to pervert the plain words and meaning of it, in such a manner as renders it wholly destructive of those very privileges intended to be preserved. "3. Because his Majesty having, in effect, required the judgment and advice of the House touching the imprisonment and detainer of the duke of Norfolk; we ought not, as we conceive, either in duty to his Majesty, or in justice to the peer concerned, to found our opinions concerning the same on any grounds, other than such only as his Majesty hath been pleased to communicate in his message: And his Majesty, by his message, having communicated only a general suspicion, we think we cannot, without the highest injustice to the duke, and the most palpable violation of one of the most valuable privileges belonging to every member of this House, give our consent to his imprisonment or detainer, and thereby make ourselves parties to, and, in some degree the authors of such his imprisonment, until we have a more particular satisfaction touching the matters of which he stands suspected; more especially considering the long and unprecedented duration of the act above-mentioned, whereby the benefit not only of the act commonly called the Habeas Corpus act, but of Magna Charta itself, and other valuable laws of liberty, are taken from the subjects of this realm, and extraordinary powers are given, to the persons therein mentioned, over the liberties of the people for a twelvemonth and upwards. "A. Because, we think, it is inconsistent, as well with the honour and dignity, as with the justice of this House, in the case of the meanest subjects, to come to resolutions for depriving them of their liberty, upon other than clear and satisfactory grounds: But as the members of both Houses of Parliament are, by the laws, and constitution of this kingdom, invested with peculiar rights and privileges, of which the privilege before mentioned is a most essential one, as well for the support of the crown itself, as for the good and safety of the whole kingdom; we cannot, as we conceive, without betraying those great trusts which are reposed in us, as peers of this realm, agree to a resolution which tends, in our opinion, to subject every member of this House, even while the Parliament is sitting, to unwarrantable and arbitrary imprisonments: And we have the greater reason to be jealous of the infringement of this privilege on this occasion, because it had been very easy, as we think, for those who had the honour to advise the framing the said Message, to have communicated to this House the matter of which the Duke of Norfolk stands suspected, in such a manner as might be consistent with the privileges of this House; and at the same time avoided any danger or inconvenience to the crown, with regard to the future prosecution of the said duke, if any such shall be. 5. It is the known usage and law of Par liament, that this House will not permit any peer to be sequestered from Parliament, on a general impeachment of the Commous, even for high-treason, till the matter of the charge be specified in articles exhibited to this House; which explains to us the nature of the privilege intended to be secured by the proviso, and is the highest instance of the care of this House to preserve it from being violated on any pretence whatsoever: But, in our opinions, it must create the greatest inconvenience and repugnancy in the proceedings of the House, to consent that a peer of the realm should be imprisoned or detained (the Parliament sitting) on suspicion of high-treason only, not warranted, for aught appears to us, by any information given against him upon oath, or otherwise, and no particular circumstance of such suspicion being communicated to the House. 6. "Because a resolution so ill grounded as this appears to us, may produce very ill effects, in the present unhappy conjuncture of affairs, by creating fresh jealousies in the minds of his Majesty's subjects, who cannot fail of entertaining certain hopes of the safety of his Majesty's person and government against all his enemies, from the advice and assistance of both Houses of Parliament, whilst they continue in the full enjoyment and free exercise of their ancient and legal rights and privileges; but, on the other hand, may be alarmed with new fears for the honour and safety of his Majesty and his government, by a resolution taken by this House for the imprisonment of a peer of the realm, in such a manner as, in our opinions, is highly injurious to his person, and also to the privilege of every other peer of this realm; andwhich may prove of fatal consequence to the constitution of both Houses of Parliament.(Signed,)-W. Ebor', Bathurst, Trevor, Hay, Uxbridge, Oxford, Cowper, Fran. Cestriens', Scarsdale, Lechmere, Hereford, Bingley, Compton, Strafford, Foley, Osborne, Bristol, Guilford, Ashburnham." Debate on the Augmentation of the Army.] October 26. The Commons in a grand Com mittee considered farther of the Supply, and Mr. Treby having represented the necessity, at this time of danger from the traiterous designs and conspiracies that were still carrying on by the enemies of the government, to increase the present standing forces, and thereupon moved for an augmentation of about 4,000 men, the same occasioned a very long and warm debate. The chief opponents of the motion were, Mr. Shippen, lord Morpeth, Mr. Palmer, Mr. Bromley, Mr. Barnard, Mr. Crowley, sir Thomas Hanmer, and Mr. Hutcheson: But they were answered by Mr. Sandys, captain Vernon, Mr. Eversfield, Mr. H. Pelham, Mr. Doddington, lord Stanhope, Mr. West, Mr. Smith, Mr. R. Walpole, lord Middleton, and Mr. Pulteney; Then the question being put upon Mr. Treby's motion, it was carried in the affirmative, by 236 voices against 164. After this, it was resolved, without dividing, "That the number of effective men, for guards and garrisons in Great Britain, Jersey, and Guernsey, for the year 1723, including 1,859 invalids, be 18,294 men, 'commission and non-commission officers cluded. "Which Resolution, being the next day reported, was agreed to by the House. "Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, that the Paper this day communicated by his Majesty, intitled, 'Declaration of James the third, king of Engin-land, Scotland, and Ireland, to all his loving subjects of the three nations, and to all foreign princes and states, to serve as a foundation for a lasting peace in Europe,' and signed James Rex,* is a false, insolent, and traiterous libel, the highest indignity to his must sa cred Majesty King George, our lawful and undoubted sovereign, full of arrogance and presumption, in supposing the Pretender in a condition to offer terms to his Majesty; and injurious to the honour of the British nation, in imagining that a free Protestant people, happy under the government of the best of princes, can be so infatuated, as, without the utmost Mr. R. Walpole hints a Design of laying an extraordinary Tax on Roman Catholics and Nonjurors.] October 31. The Commons in a grand Committee considered of ways and means to raise the Supply, and upon Mr. R. Walpole's motion, it was unanimously agreed to lay two shillings in the pound upon all lands, tenements, pensions, offices, &c. Mr. Walpole, on that occasion, acquainted the House, That he hoped that tax, together with the duty on malt, and the million in exchequer bills which the South-Sea were to repay to the government, would go near to answer all the necessary ex. pences for the next year's service; and in order to make up what might be deficient he hinted the laying an extraordinary Tax of five shillings in the pound, on the Estates of all Roman Catholics and Non-jurors; which could not be thought either unjust or unreasonable, considering the ill use they made of the saving out of their incomes, which most of them laid out in maintaining the Pretender and his adherents abroad, and fomenting sedition and rebellion at home. The King's Message concerning the Pretender's Declaration.] November 16. The lord vis count Townshend delivered to the House of Peers the following Message signed by his Majesty, viz, * G. R. *The following is the substance of the said Declaration. The Pretender begins with shewing how fond he is of his subjects; that, thoughi the obligation he owes to his own honour be great, yet the obligation to the safety and tranquillity of his native country is above all ties the dearest to him and the tenderest. He then talks of the late violations to the freedom of elections: Of conspiracies invented on purpose to give pretence for new oppressions: Of infamous informers: And a state of proscription in which be concludes every honest well-meaning man to be. These considerations have engaged him to enter seriously into himself, and examine his heart, what sacrifice to make on his own part for the public peace, especially of these kingdoms, of which he is the natural and undoubted father. Then he proposes, that, if king George will quietly deliver to him the possession of his throne, he will in return bestow upon him the title of king in his native dominions, and invite all other states to confirm it, with a promise to leave to him his succession to the British dominions secure, whenever in due course his natural right shall take place. As motives to this resignation, he says, that in king George's native dominions an uncontestable "His Majesty having been informed, That many scandalous Declarations in print have been, by several foreign posts, transmitted into this kingdom, in order to be dispersed among his good and faithful subjects, to poison their minds and seduce them from their allegiance; several of those Declarations have, by his Majesty's order, even since his Majesty received from both Houses of Parliament the last most solemn and acceptable assurances of their fide-right will free him from the crime and reproach lity, been intercepted; and among them an original in writing, signed, as his Majesty has good reason to believe, by the Pretender himself. This, together with one of the printed copies, his Majesty has ordered to be laid before you, as a matter not unworthy of your consideration." After the reading of this Message, and of the Declaration therein mentioned, the earl of Scarborough moved, that the House would come to some vigorous Resolutions, to shew their just resentment of the high indiguity offered, in the said Declaration, to his Majesty, and the whole British nation; and being seconded by the lord Harcourt, a Committee was appointed to draw up the said Resolutions, which were immediately reported and agreed to as follows, viz. of tyranny, and represents the difference be tween a calin undisturbed reign over a willing people, and a restless possession in a strange of the people, can only be supported by blood land, where authority, forcing the inclinations and violence, eternally subject to fears and alarms, even when no danger appears. He concludes with saying, king George's settlement here is frail and uncertain, because his title shall, while the Pretender has health or any descendants in being, be for ever disputed, conjuring him, instead of advising with an imperious ministry, as much his tyrants as the nation's, to consult his reason, to ask his conscience, and to examine his interest and glory, and then his very ambition will admonish him to descend from a throne, which must be always shaking, to mount another where his seat will be firm and secure. contempt and indignation, to hear of any terms from a Popish bigotted Pretender. ed "Resolved, by the Lords spiritual and temporal, in Parliament assembled, That the printcopy of the Pretender's Declaration, mentioned in his Majesty's Message, be burnt by the hands of the common hangman, at the Royal Exchange in London, upon Tuesday next at one of the clock; and that the sheriffs of London do cause the same to be burnt there accordingly." an humble Address be presented to his Ma- This done the Lords sent a Message to desire a Conference with the Commons, which being readily agreed to, the Lord President, one of the managers for the Lords, acquainted the managers for the Commons, (who were Mr. Chan-, The Joint Address of both Houses to the cellor of the Exchequer, Mr. Edgecombe, Mr. King, relating to the Pretender's Declaration.] Comptroller, Mr. Pelham, Mr. Hutcheson, Mr. Nov. 17. Mr. Pelham reported the said AdYonge, Mr. Bromley, and Colonel Bladen) That the Lords being desirous always to keep dress, which being unanimously agreed to, the up a good correspondence with the Commons, managers of the Commons were sent to desire their Lordships' concurrence both to the Amendthey had thought proper to communicate to ment to one of their Resolutions beforementhem the Message their Lordships had received tioned, and to the Address the Commons had from his Majesty, together with the Declaration agreed upon. The Lords having readily contherein mentioned, as also their Lordships' Recurred, both Houses went immediately to the solutions upon this extraordinary occasion, upon which they desired the concurrence of palace at St. James's, and presented to his Mathe Commons. The managers for the Com-jesty the said Address as follows: mous being returned to their House, Mr. Pelham reported the Conference, and that it was to communicate to this House a Message sent to the Lords by his Majesty, under bis sign manual, concerning an original Declaration in writing, signed by the Pretender himself; together with the said Declaration and a printed copy thereof; and that the Lords had come to some Resolution thereupon, to which their Lordships desired the concurrence of this House. And the said report, and also the said Message from his Majesty to the House of Lords, and the declaration signed by the Pretender, and the printed copy thereof, and the Resolution of the Lords thereupon, were read. Hereupon, Mr. Sandys moved, for agreeing with the Lords in the first Resolutions, and being seconded by colonel Bladen, the same was unanimously agreed to. Then the second Resolution being read a second time, Mr. Yonge moved for an ainendment to it, viz. "That the two sheriffs of London should then attend in their own proper persons, and cause the said Declaration to be burnt by the hands of the common hangman." Which resolution, so amended, was agreed to, nem. con. On this occasion Mr. Yonge, in a long speech, run over the Pretender's Declaration, and exposed the insolence, weakness, and absurdities of that libel. Sir William Thompson, recorder of London, spoke also, with great vehemence on the same topic, as did also Mr. H. Pelham, who moved, That an Address be presented to his Majesty upon that subject. He was seconded by Mr. Arthur Onslow, member for Guildford, who represented the danger of Popery, and animadverted on the audaciousness of the Pretender and his adherents: Hereupon it was resolved, nem. con. "That "Most gracious Sovereign; "We your Majesty's most dutiful and faithful subjects the Lords Spiritual and Temporal, and Cominons in Parliament assembled, being deeply affected with the sense of those many blessings which we have constantly enjoyed, and hope long to enjoy, under your Majesty's most just and gracious government; and being thoroughly convinced that our religious and civil rights, as well as the very being of the British name and Constitution, do, under God, entirely depend upon the preservation of your Majesty's sacred person, and of the Protestant succession, as settled by law, in your royal line, are filled with the utmost astonishment and indignation at the unexampled presumption and arrogance of the Pretender to your dominions, in daring to offer such an indignity to your Majesty and the British nation, as to declare to your subjects, and to all foreign princes, and States, that he finds himself in a condition to offer terms to your Majesty, and even to capitulate with you for the absolute surrender of the religion and liberties of a free nation. "However great the infatuation of his advisers may be, we are sensible nothing could have raised his or their hopes to so extravagant a degree of presumption, but repeated encou ragements and assurances from the conspirators at home, founded on the most injurious and gross misrepresentations of the inclinations and affections of your Majesty's subjects; and a rash conclusion, that because some, from whom it ought least to have been expected, had broke through the solemn restraint of reiterated oaths, in order to raise themselves on the ruins of their country; therefore the whole body of the nation was ripe for the same fatal defection, and ready to exchange the mild and E legal government of a most indulgent prince, little of foreign education, but he doubted very for the boundless rage of an attainted fugitive, much whether loyalty to king George was bred up in the maxims of tyranny and super-taught by priests and Jesuits in Romish Sestition. minaries. The Lord Gage, (who was bred a Roman Catholic) hereupon said, That he believed most of the Roman Catholics to be very loyal subjects, though by their principles they cannot take the oath of Supremacy; and therefore his lordship proposed that a new oath of Allegiance might be framed for them. Mr. Onslow spoke on the same side, and declared his abhorrence of persecuting any body, on account of their opinions in Religion. This was answered by "But we, your Majesty's most dutiful and loyal subjects, resolve, by a steady and constant adherence to your government, to wipe off this stain and imputation from the name of Britons; and to convince the world, that those wicked designs, formed against your Majesty's sacred person and government, which the insolence of this declaration proves to be most real while it affects to treat them as imaginary, are indeed impracticable against a prince relying on and supported by the vigour and duty of a British Parliament and the affections of his people. "And we beg leave in the most solemn manner, to assure your Majesty that neither the impotent menace of foreign assistance, nor the utmost efforts of domestic traitors shalling to that opinion and the dictates of conever deter us from standing by your Majesty with our lives and fortunes, and supporting your Majesty's most just title to the crown of these realms against the Pretender and all his open and secret abettors, both at home and abroad." Sir William Thompson, who stated the notion in his opinion of persecution, which was only when any one is punished for his particular opinion in religion, and for serving God accord science: but added, That was not the case here, for the extraordinary tax now intended to be raised upon the Papists, was not a punishment for their being Roman-Catholics, but on account of penalties they had at divers times incurred, for being enemies to the civil govern The King's Answer.] To which his Majesty ment, raising rebellions, and contriving plots returned the following Answer : "My Lords and Gentlemen; "I give you many thanks for the just resentment you have expressed against the indignity offered to me and the British nation. shall continue to protect and support my good people in the full enjoyment of their religion, liberties, and properties, against all that shall endeavour to subject them to tyranny and superstition." against the State. He was replied to by lord Gage, who was answered by Mr. Horatio Walpole, and he again by Mr. Hungerford. At last Mr. Robert Walpole stood up, and representIed the great dangers this nation had been in, ever since the Reformation, from the constant endeavours of Papists to subvert our happy constitution and the Protestant Religion, by the most cruel, violent, and unjustifiable methods; that he would not take upon him to charge any particular person among them with being concerned in the present horrid conspiracy, but that it was notorious to the whole world, that many of them had been engaged in the Preston Rebellion, and some were executed for it; and the present plot was contrived at Rome, and countenanced in Popish countries; that many of the Papists were not only wellwishers to it, but had contributed large sums of money towards carrying of it on; and therefore he thought it was very reasonable, since they made such ill use of the savings of the incomes of their estates, that the same should go towards the great expence which they and the Pretender's friends had put the nation to. Debate in the Commons on the Motion for raising 100.000l. on the Roman Catholics towards the Supply of the current Year.] Nov. 23. In a grand Committee, the Commons considered on ways and means to raise the Supply, and a motion was made, "That towards raising the supply, and reimbursing to the public the great expences occasioned by the late rebellions and disorders, the sum of 100,000. be raised and levyed upon the real and personal estates of all Papists, Popish Recusants, or persons educated in the Popish Religion, or whose parents are Papists, or who shall profess the Popish religion, in licu of all forfeitures already incurred for, or upon account of their recusancy, and in lieu of the rents and profits of two thirds of their registered estates for one year." This motion was opposed by sir Wilfred Lawson, and Mr. Hungerford, who suggested, That such an extraordinary tax would carry the face of persecution, which was inconsistent with the principles and temper of the Protestant Religion. Dr. Friend added, That some of those that had their education in foreign Popish Seminaries proved some of the best friends to the present government. Mr. Yonge answered, That he knew very Then the question being put upon the motion above, it was carried in the affirmative by 217 votes, against 168. Nov. 26. The above Resolution was reported, and the question being put, That the House agree with the Committee, it was very vigorously opposed by lord Gage, Mr. Lutwyche, Mr. Hungerford, Mr. Sloper, and sir Joseph Jekyll, which last took notice, That though the law for taking away two thirds of the estates of Popish recusants, which was made in queen Elizabeth's reign, was a just punishment the Roman-Catho lics drew upon themselves by their frequent |