Whereas fome object against the Paffing the Bill, as if it would countenance a Jurifdiction in the House of Lords to examine to fuch Matters, in the first Inftance or originally; the Objection would be the fame if it had begun, as it might, in the House of Commons; but in truth, would be of equal Force against moft private and public Acts, occafioned by the Examination of Witnesses or Notoriety of Fact. Since therefore the Duke has fo long, and fo often in vain endeavoured to be freed from a Lady, publicly famed and proved to have lived with Sir John Germain, as his Wife; the Duke's former Disappointments cannot but be powerful Arguments for his fpeedy obtaining that Justice which the Spiritual Court cannot give him; their Power reaching no farther than to that Liberty of living as fhe lift; fome Years fince fettled by Articles: But as none of lefs Art and Oratory than her Counsel could have turned this into a License to commit Adultery, if she lift, or a Pardon afterwards; had not there been Evidence of her acting according to fuch Conftruction, the Duke would have hoped fhe had repented of the former Injuries he had received from her; but now hopes fhe fhall not longer continue to bear the Name of his Wife, and put him in Danger of being fucceeded by Sir John Germain's Iffue, or deprive him of the Expectation of leaving his Honours, Offices, and Eftates, to a Protestant Heir. Anno 11 Will. 1 April the 4th, The Order being read for refuming the Bill for granting Debate adjourned Yesterday, upon the Bill entitled, An Act an Aid to his for granting an Aid to his Majesty by Sale of forfeited Estates Majefty by Irish and Interefts in Ireland, and by a Land-Tax in England, for a Land-Tax. the feveral Purposes therein mentioned. And Debate thereupon, the Queftion was put, Whether this Bill fhall be read a fecond time? It was refolved in the Affirmative. contents 23. Diffentient Contents 70; Not Forfeitures and Though there be nothing we moft earnestly defire, and Proteft thereon, shall on all Occafions, to the utmost of our Power, more fincerely and heartily endeavour, than the Preservation of a conftant, right and good Understanding and Agreement between the two Houfes of Parliament, as that on which the Safety, Welfare, and Happiness of the Nation, and the Preservation of the wifeft and noblest Conftitution of the World, does fo much depend; yet we cannot but enter this our Proteftation against a second Reading of this Bill. ift, Because, as we conceive, this Bill does, in one Part, tend very much to the Alteration (if not to the Destruction) of that Conftitution which, we believe, the Supply in the other Part was given to preserve. 2dly, Anno 1 Will. Free Conference zdly, Because, we conceive, the tacking fo many and different Matters to a Money-Bill, is not only contrary to all the Rules and Methods of Parliament, but highly dangerous both to the undoubted Prerogative of the Crown, and Right of this House, putting it, as we conceive, in the Power of the Commons to make any Refolutions of their own as neceffary as any Supply given for the Support or Emergencies of State. 3dly, We know not how far the juft Right any private Subject has to his Eftate may be endangered by the Precedent of fuch a Bill; for if the Titles fo many Perfons have to their Estates may be determined by the Commons in a Money Bill, without either Oath or Appeal, as, we conceive, in this Bill they are, we cannot apprehend, how any fingle, private Subject, or Minifter of State, can, for the future, be fafe; which muft needs be a weakening the Prince's Hands, and the legal Security every Man now has to his Estate. Richmond, Haversham, Mohun, Stamford, Bolton, Audley, The 10th, A free Conference having been had with the en the faid Bill. Commons, upon the Subject-matter of the Amendments made by the Lords to the Bill for granting an Aid to his Majesty by Sale of the forfeited Eftates and Interests in Ireland, and by a Land-Tax in England, for the feveral Purpofes therein mentioned; and Report made that the Commons had ufed no Reafons at the faid free Conference, but faid, they had Orders to return the Bill, and leave it with the Lords. Bill pafs'd. Proteft thereon. After Debate the Queftion was put, Whether this House will adhere to their Amendments made to this Bill? It was refolved in the Negative. Contents 40, Proxies 3 ; in all 43 Not contents 47. Proxies 6; in all 43. Then the Question was put, Whether this House will agree to the faid Bill without any Amendments? It was refolved in the Affirmative. Contents 39; Not contents 34 We do diffent for the Reasons given this Day to the Commons at a Conference, which Reafons are as follow: 1ft, Because the Reasons given by the Commons against their Lordships Amendments do no way relate to the Matter contained in the faid Amendments. 2dly, Because though there be nothing in the faid Amendments relating to Aids and Supplies granted to his Majesty in Parliament, yet the Commons have thought fit to take occafion thereupon to affert a Claim to their fole and entire Right, not only the granting all Aids in Parliament, but that that fuch Aids are to be raised by fuch Methods, and with fuch Anno 12 Will, Provifions as the Commons only think proper: If the faid III. 1699. Affertions were exactly true (which their Lordships cannot allow) yet it could not, with good Reafon, follow from thence, that the Lords may not alter, or leave out, according to their Amendments, when the faving the Eftates of innocent Perfons, and of fuch as have been outlawed after their Death, makes fuch Amendments neceffary. 3dly, And the Lords think it unreasonable and unjust to veft in the Truftees any greater, or other Eftate, than was in the forfeiting Perfon, or than the King may legally have; fince thereby not only many innocent Perfons, who come in by Defcent or Purchase, or other valuable Confiderations, might fuffer equally as Criminals, but 'tis poffible, that Men, who, with the utmoft Hazard of their Lives have been defending the Goverment, may forfeit as Traitors: And they cannot apprehend, that by any Law of this Land, or by any Rule of Reason or Juftice, any Person ought to be outlawed after Death, fince 'tis condemning a Man unheard, allowing him no Opportunity of making his Innocence appear. 4thly, The Lords admit the Refumption of the forfeited Eftates in Ireland to be a Thing neceffary, by reason of the great Debt due to the Army and others, which they earnestly defire to fee discharged, and are therefore very willing and defirous to give their Confents to any reasonable Bill the Commons fhall fend them up to that Purpose: But the Lords can by no means confent, that the Commons fhall take upon them to difpofe of any of the faid Forfeitures to any private Perfons, it being the fole and undoubted Right of the Crown to be the Distributer of all Bounties, and being contrary to all the Laws and Course of Parliaments, to give Aids, Supplies, or Grants, to any but the King only; and as the contrary Practice is totally new and unprecedented, fo, in Procefs of Time, it may become of the laft ill Confequence to the Public. 5thly, The Lords cannot agree to the Claufes that create an Incapacity in the Commiffioners or Managers of the Excife for fitting in this Parliament, because the Qualifica tions of Members to ferve in Parliament is a Thing (if proper to be meddled with at all) that hath been thought fit by the Commons to be in a Bill by itself; and the joining together, in a Money-Bill, Things fo totally foreign to the Methods of raifing Money, and to the Quantity or Qualification of the Sums to be raised, is wholly deftructive of the Freedom of Debates, dangerous to the Privileges of the 1699. Lords, D Anno 12 Will. Lords, and to the Prerogative of the Crown: For by this Means Things of the laft ill Confequence to the Nation may be brought into Money Bills, and yet neither the Lords, no .the Crown, be able to give their Negative to them, without hazarding the Public Peace and Security: And it feems a great Hardship to the Counties and Places, who chufe fuch Members, to deprive them of their Services, fince they knew them to be Commiffioners of Excife at the Time they chofe them; and fince the Commons admit them to be proper Perions to ferve either in Excife or Parliament, tho' no s at the fame Time; fo that there feems to be no other Reafon of diftinguishing thefe Commiffioners, but what is com mon to all other Officers of the Crown; and the Question, whether fuch an Alteration may be convenient, mult needs be a Doubt with the Lords, fince the Commons have not been able this very Seffion to fatisfy themselves with the Bill, and the Confiderations they have entertained upon that Subja: The Lords do ferioufly confider the Dangers and Inconveniencies that are likely to happen by the Loss of this Bill, and by the Difference betwixt the two Houfes, and are heartily forry for them, and defirous to avoid them by all the Means they can; as does manifeftly appear, by having complied and overlooked the Irregularities of Bills of the like Nature, and, at the fame time, by entering in their Books, to be feen by every Body, their juft Senfe of the Wrong, and their Refolutions of afferting that fundamental Right, of the Exercife of which there are many Precedents extant in their Books: But fince they find, that fuch their kind Intentions of maintaining a good Correfpondence with the Commons have had no other Effect, but to introduce greater Impofitions upon them, and fuch as will certainly prove deftructive to the antient and excellent Constitution of our Government, fince the Lords have no Objection to the Refumption, nor no Defign to invade the leaft Right of the Commons, but only to defend their own, that they may tranfmit the Government and their own Rights and Privileges to their Pofterity in the fame State and Condition that they were derived down to them from their Ancestors; they think themfelves wholly difcharged from being in the leaft acceffary to any fuch Dangers or Inconveniences, and conceiva they are fufficiently juttified before God and Man, notwithftanding fuch Innovations and Invafions upon our Conftitution and our Laws as muft neceffarily prove the Destruction of them. Norfolk, E. M. Mobun, Haverfham, Say and Seal, Anglefea, R. Ferrers, Raby, J. Bridgewater, Culpeper, How ard, III. 1700. ed, Southampton, Sandwich, Lonfdale, Bergevenny, Stam Anno 12 Wilk ford, Audley, Herbert, Richmond, Pembroke, Bolton, North and Grey. For a further Illuftration of this Debate between the two Houses fee CHANDLER's Hift. Anno II W. III. 1700, Page 126; as likewife, Page 127, the King's Speech at proroguing the Parliament, which in December was diffolved. Nowithstanding the fecond Partition-Treaty in favour of King fets out for France, occafion'd by the Death of the Electoral Prince of Holland. Bavaria, had been compleated in March, his Majesty had till other Calls to Holland, and, accordingly, embarked at Margate, June the 28th. But the King's Abfence, Custom had taught the Nation to fupport; the Death of the Duke of Gloucefter, which hap Duke of Glou pened July the 29th, was a fudden Blow, then feverely felt, cefter's Death; and both now and ever to be lamented: Even the King is faid to have been touched with the premature Lofs of this young and hopeful Prince, but was nevertheless fo careful of the Proteftant-Intereft, that, in the September following, he admitted a Vifit from the Princefs Sophia; at which Interview no doubt the Succeffion was not forgot, fince, in his Speech to the new Parliament, he recommended it very frongly to their Confideration. Odober the 18th, His Majefty landed from Holland, and And that of the November the 1ft, N. S. the King of Spain died, having fome King of Spain, little Time before bequeath'd his Crown by Will to Philip Duke of Anjou, fecond Son to the Dauphin, in Refentment of the Partition-Treaty; who, in Violation of that Treaty, was foon after declared King of Spain by the Court of France, and even acknowledged as fuch, notwithstanding, by King William and the States General. Europe was in this Situation, when The Fifth Parliament of King WILLIAM W AS opened at Westminster, February the 6th, with a Speech from the Throne to both Houfes, which fee in CHANDLER's Hiftory, Anno 12 Will. III. 1700, Page 127, and the next Day was communicated to King commuboth Houses, by his Majesty's Order, a Letter, which came nicates an invery providentially to his Hands, out of France, whether by tercepted Letter a Miftake of the Officers of the Poft-houfe at Paris, or the Melfort. Dexterity of King William's Spies at the Court of St. Germains, is uncertain. This Letter it feems was fent by the Earl of Melfort, to his Brother the Earl of Perth, then Governor to the Prince of Wales, and contain'd in general a Project D 2 of the Earl of |