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the 14th of November, 1697, the King made a fort of triumphal Entry into London, and on December the 3d opened

The THIRD SESSION of his Third Parliament

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ITH a Speech to both Houfes, to be found in
CHANDLER'S Hiftory, Anno 9 Will. III. 1697,

P. 74, to which the Lords return'd an Adarefs, Lords Addres 'congratulating his happy Return, accompanied with the

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Bleffings of a fafe and honourable Peace; which, next under God, they were fenfible was owing to his Courage and Con'duct; they told him, that, after the Hazards and Labours he 'had fo long sustained for the Good of Europe, there wanted nothing but this to compleat the Glory of his Reign; and ' affur'd his Majefty, that they should never be wanting in their Endeavours to affift his Majefty in maintaining that Quiet which he had fo graciously restored to these his Kingdoms, ' and in contributing all they could to the Safety of his Perfon, ⚫ and the securing the Peace and Profperity of his Govern'ment. His Majefty, in Return, "affured their Lordships King's Answer. "of his Kindness, and told them, he hoped this Peace would "be fo blefs'd, that they might long enjoy it."

The Stream of the public Bufinels, during this Seffion, ap. pears to have run principally thro' the Houfe of Commons, infomuch that, till the Cafe of the Earl of Macclesfield came to be argued, we met with nothing of Moment in that of the Peers. 1697

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Anno 9 Will.
III. 1697.

Earl of Mac

And Plea.

It appears that, during the Refidence of the faid Earl abroad, his Lady retir'd from his Father, where she had been left, to her own Mother's Lady Mafons; which fo far irritated her Lord, that when he return'd, he did not think proper to slesfield's Cafe. invite her back: She thinking herfelf, therefore, at Liberty, admitted the Addrefles of another Earl (Rivers,) the Confequence of which were two Children, a Daughter and Son. Of this her Hufband being apprized, his Lordfhip apply'd himself to his Peers for a Remedy, which nothing but a Parliament could give; all the Relief which he could expect from a Sentence in Doctors Commons being no more than that State of Separation, in which he and his Lady had long liv'd. He alledg'd, that it is evident, that the Divine Law admits of fecond Marriages in fuch Cafes; and that there had been Acts of Parliament for them, as well as for baftardizing fpurious Iffue: That thofe Canons which have prohibited fecond Marriages in like Cafe, were fo manifeftly an Effect of the Popish Doctrine of Marriage being a Sacrament, and of the Avarice of the Court of Rome, to get Money for difpenfing with them, that in the Reformation of Ecclefiaftical Laws, prepared and intended in the Time of Edward VI. in purfuance of an Act of Parliament of Henry VIII. there was exprefs Liberty given, by thofe Canons, to marry again; which, by virtue of that Act of Parliament, would have become a general Law, or at leaft have occafioned one: That whatever Objection might be against fuch a general Law, from the Temptation it might give ill People to feek groundlefs Diffolutions of Marriages; yet, upon extraordinary Cafes, fuch as this was, fuch Relief had been granted; and where it had been denied, either the Fact was not fully proved, or the Parties had cohabited, or, after the Grounds of Diffatiffaction had been reconciled : That if in fuch a Concurrence of Circumftances, as were in his Cafe, he must still be thought to have a Wife, and the Children fhe had must be looked upon as his, from the common Prefumption, till contrary Proof, in that they were born within the four Seas; befides, that it could not but be too great an Encouragement to Women, to make an ill Use of a separate Maintainance, which is provided for in moft Marriage-Settlements; it would be a moft unreasonable Hardship upon him, that the standing Law, which is defigned to do every Man Right, should, by the Rigour of the Letter, be to him the Caufe of the greateft Wrong: and that for his Wife's Fault he fhould be deprived of the common Privilege of every Freeman in the World, to have an Heir of his own Body, to inherit what he poffeft, either of Honour or Eftate; or that his only Brother should lofe his Claim to both, and have his Birthright facrificed to the Lady Macclesfield's irregular Life. While

While this Affair was depending in the Spiritual Court, the Anno 1o Will Lady Macclesfield infifted upon her Innocence, and her Agents III, 1698. induftriously fpread a Report, that the Earl, her Husband, had ̧~-~ been furprized into a private Meeting with her, (by a Wo Lady Maccles field's Reply. man of Intrigue) at which time he got her with Child; but this Story being confuted by the Earl's pofitive Evidence to the contrary, her Ladyfhip gave up that Point now, and only endeavoured to make her Husband the Author of her Miscarriages. She alledged, that the late Earl of Macclesfield had turn'd her out of Doors; that the prefent Earl, notwithftanding the Obligation fhe had laid upon him, by petitioning King James for his Life, had maliciously fecluded her from Bed and Board: And therefore, if the Lords thought fit to pass this Bill of Divorce, fhe demanded her Fortune to be refunded; both because a Divorce diffolves the whole Frame of the Marriage-Contract, and because it were the highest Pitch of Injuftice, that a Man who was guilty of making his Wife commit Adultery, should be rewarded out of the fame Wife's Fortune. This Affair occafioned great Debates in the Upper Houfe; fome Peers reprefenting the Danger of granting Divorces, and others, amongst whom Dr. Burnet, Bishop of SalifBishop of Salisbury, spoke the loudeft, fhewing the Neceffity bury. and Lawfulness of such extraordinary Proceedings, in fome particular Cafe. Upon the whole Matter, the Lords paffed

a Bill for diffolving the Marriages between Charles Earl of Bill to diffolve Macclesfield, and Anne his Wife, and to illegitimate her Chil- the Marriage dren; but with a Provifo, that the Earl fhould refund her

Fortune.

Which gave Rife to the following Proteft.

Diffentient'

paffed.

Because, we conceive, this is the firft Bill of this Nature Proteft thereon. that hath paffed, where there was not a Divorce first obtained in the Spiritual Court, which we look upon as an ill Precedent, and may be of dangerous Confequence for the fature.

Hallifax, Rochefter.

June the 10th, The Lords prefented an Addrefs. defiring his Majefty to discourage the Woolen Manufacture of Ireland, promote the Linnen.

and

June the 15th, A Conference was had with the Com

mons on the Subject-matter of the Lords Meffage of the

thers Trials at

eighth Inftant, declaring they will proceed to the Trial of Gaudet and o*Gaudet and others at the Bar of the Houfe; and Report the Bar. being made of what was offered by the Commons,

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* See CHANDLER's Hiftory, Anno 10 Will. III. 1698, Page 88.

Anno 10 Will.
III, 1698.

Proteft thereon.

Bill for fettling the Eaft-India

Trade to be read a fecond time.

Proteft thereon.

The Question was put, Whether this House fhall infif upon their Declaration above-mentioned ?

Diffentient'

ft, Because the Managers of the House of Commons may have Occafion, in Trials upon Impeachment, to have recourse to Papers, Books, and Records, which they cannot fo conveniently make use of in a Croud.

2dly, It feems as reafonable, that fome Provifion fhould be made for their Convenience, and to protect them from the Croud at the Bar of this House, as in Westminster- Hall, the Judicature of this Houfe receiving no Alteration by the Place to which they adjourn; nor could the Lords think fo, when even upon the Defire of the Commons themselves in the Earl of Strafford's Cale, being offered all imaginable Convenience at the Bar of this House, and finding themfeves freightened thereby, the Lords appointed the Trial to be in Weftinfter Hall, on that Confideration, as we

ceive.

3dly. The nobleft Part of their Lordship's Judicature may not only hereby be loft, but what has been hitherto thought one of the greatefl Securities against Attempts upon the Conftitution, by fuch a Difcouragement of the Commons from bringing up Impeachments to the Bar of this Houfe, will be very much weakened.

* Devonshire, Stamford, Haversham.

July the 1ft, After hearing Council for and against the Bill, entitled, An A&t for raising a Sum, not exceeding two Millions, upon a Fund for payment of Annuities after the Rate of Eight per Cent, per Annum, and for fettling the Trade to the Eaft Indies.

And after Debate thereupon, the Queftion was put, Whe ther this Bill fhall be read a fecond time?

It was refolved in the Affirmative

Contents 47, Prox ies 18; in all 65. Not Contents 28, Proxies 20; in all Diffentient'

48.

1ft, Because this Bill puts an unreasonable Hardship upon the present Eaft India Company, fince it plainly ap peared at the Bar of this Houfe, that a Security, of which (we conceive) there was no Reafon to doubt, had been of fered by the faid Company for raifing the whole two Millions for the public Service, whereas the Bill investing the new Subfcribers with the Trade upon the Subscription of one Million only, does not, as we conceive, give fo much as a Probability of raifing more ; and it may be reafonably enough doubted, whether the feparate Trade allowed in this Bill,

con

Sir John Thompson, Bart. created Baron Haverfham, May 4, 1696,

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