III. 1701. Anno 13 Will. ftate the Matter of the free Conference, and alfo to infpect Precedents of what has happened of the like Nature; and that the public Bufinefs may receive no Interruption, the Time defired by their Lordships for renewing the free Conference being elapfed, their Lordships defire a present free Conference in the Painted Chamber upon the Subject-matter of the laft free Conference. Proteft thereon, Refolution not to have a Committee of both Houses infifted upon. Proteft thereon. Lord Haverfham Diffentient We conceive it to be improper, and not agreeable to the Methods of Parliament, to fend for a second free Conference before the first is determined, or that there is a Vote of the House paffed for infifting. Denbigh, Weymouth, Carnarvon, Dartmouth, Lawarr, Abingdon, Peterborough, H. London, Jonat. Exon', Tho. Roffen'. The House being moved to infift not to have a Committee of both Houses touching the Trials of the impeached Lords, After Debate thereupon, the Queftion was put, Whether this House fhall infift upon their Refolution of not allowing a Committee of both Houses ? It was refolved in the Affirmative. Diffentient We conceive it to be improper, and not agteeable to the Methods of Parliament, to pass a Vote for affifting, before the first free Conference is determined; or if it be determined, as we conceive it is not, the Vote for infifting fhould have preceded the Meffage for a fecond Conference. Abingdon, Weymouth, Carnarvon, Jonat. Exon', Thanet, The 21ft, The Answer of John Lord * Haversham, to to be declared the Charge fent up against him by the Commons, having innocent of the been fent down to that Houfe, Commons it be profecuted. Proteft thereon. It was propofed to refolve, that unless the faid Charge shall be profecuted against the faid Lord Haversham, with Effect, by the Commons, before the End of this Seffion of Parliament, the Lords will declare and adjudge him wholly innocent of the said Charge. The Question was put, Whether fuch a Refolution shall be agreed to? It was refolved in the Affirmative. Diffentient' 1ft, Because the Justice of our Judgment of acquitting the Lord Somers depending on our Right to name a peremptory Day, I do conceive that by this Vote that Right is vio See CHANDLER'S Hift. Anno 13 W. III. 1701. Page 165. lated, lated, the Commons being by it allowed to declare when Anno 13 Will. they are ready to prosecute, before any Day is by us named. III. 1701. 2dly, Because having thought fit to name a Day for the Impeachment of the Lord Somers, to be confiftent to ourfelves, we ought to pursue the fame Methods: Nor does this, being a Charge only, alter the Cafe; for what is done in Matters of greater Moment may fafely be purfued in Cafes of lefs Concern. 3dly, Because, to me, there does not feem any need of farther Profecution on the Commons Part in this Matter, the Fact and the Nature of it being both fully before us. North and Grey. The 23d, The House resumed the adjourned Debate upon Printed Votes the printed Votes of the House of Commons of the 20th of the Common Inftant: debated, and thereon. And it was resolved, upon the Question, that whatever ill Reflections Confequences may arife, from the fo long deferring the Sup plies for this Year's Service, are to be attributed to the fatal Council of putting off the meeting of a Parliament fo long, and to the unneceffary Delays of the House of Commons. Diffentient' Because tho', I humbly conceive, it is evident to all Eng- Proteft thereon. lifhmen, that nothing could be more fatal to the Intereft of Europe, to the Intereft of the Proteftant Religion, and the Safety of England, than the fo long Delay of the meeting of a Parliament after the Death of the King of Spain, yet I cannot agree to the latter Part of this Vote, which lays Imputations of unneceffary Delays to this House of Com Peterborough. mons. The next Day the King came to the House of Peers, and Parliament pros put an End to the Seffion with a Speech, to be found in rogued. CHANDLER's Hift. Anno 13 W. III. 1701, Page 183. And July the 1ft embarked for Holland. A Fleet of Obfervation or Amusement was fet forth this Summer, but performed nothing. September the 6th, died at St. Germains, the unfortunate King James King James, and his Son was immediately preclaim'd King dies, and his of England, by the Court of France; upon which notorious Son is proclaim'd by the Affair the Earl of Manchefter took his Leave of Paris, and Court of France. the French Refident here was order'd to depart the Kingdom: About the fame time the Grand Alliance was formed between The Grand Althe Emperor, the King of England, and the States of Holland. liance form'd. Nov. the 4th, His Majefty landed in England, diffolved the Parliament difParliament the 11th, and on the 31st of December, the Com- folv'd. mons having the Day before chofe their Speaker, opened his SIXTH W SIXTH PARLIAMENT ITH a Speech to both Houses, which fee in CHANDLER'S Hiftory, Anno 13 Will. III. 1701. which was answer'd firft by a joint Address of both Lords and Commons, and then by each House apart : That of the Peers being as follows: Lords Addrefs. WE your Majesty's most loyal and dutiful Subjects, the Lords fpiritual and temporal in Parliament affembled, are highly fenfible of what we owe to Almighty "God, for the great Deliverance he hath wrought for us by your Majefty. We are highly fenfible of his Mercies in preferving you hitherto, in fo many public and private Dangers to which your facred Perfon hath been exposed; and we hope the fame Providence will carry your Majefty thro' the great Work (which seems reserved for you) the ⚫ reducing the exorbitant Power of France, and maintaining the Balance of Europe. All true Englishmen, fince the Decay of the Spanish Monarchy, have ever taken it for granted, that the SecuC rity of their Religion, Liberty and Property, that their 'Honour, their Wealth, and their Trade, depend chiefly · upon the proper Measures to be taken from time to time in Parliament, against the growing Power of France: But it is their peculiar Bleffing in your Majefty's Reign, to have a Prince upon the Throne, who not only agrees with them in this Opinion, but who, in the frequent Parliaments affembled, is ever reminding them of this their greatest Concern; and who, to complete their Happiness, is always ready, with the Hazard of his Perfon, to fupport his Subjects and Allies against their common Enemy. And we esteem it a further good Fortune, in this Time of public Danger, that the French King has taken those • Measures, which will make it impoffible for him to impose any more upon the World, by Treaties fo often violated: Neither can he hope any longer to cover his ambitious Defigns, or justify his Ufurpations under the fpecious Pretences of Peace. Your Majefty hath fo juftly reprefented the Danger to which Europe is expofed, by the French King's placing his Grandfon on the Throne of Spain; your Majefty is fo justly fenfible, that, under that Pretence, he is become abfolute Mafter of the whole Spanish Monarchy; and we are all fo well apprized of the dangerous Confequence of this bold Attempt, that we think it moft proper to affure your Majefty will. III. 1701. Majefty in your own Words, that we are under the highest Anno 14 Impatience, that speedy and effectual Measures may be taken, against the undoubted Ambition of the French 'King. 6 And as the placing his Grandfon upon the Throne of Spain is vifibly, to the whole World, the Caufe of all those 'Dangers mentioned in your Majefty's Speech, and of the 'Breach of the Balance of Power in Europe, which the People of England are fo deeply engaged to preferve; so we humbly conceive the Remedy is as apparent as the Difeafe; and that your Majefty, your Subjects and Allies, can never be fafe and fecure, till the Houle of Auftria be reftored to their Rights, and the Invader of the Spanish 'Monarchy brought to Reafon. To, conclude, Sir, as we humbly addreffed to your Majefty laft Parliament, to enter into Alliances with the Em'peror, the States of Holland, and all other Princes and States, willing to unite against the Power of France; to we take the Liberty at this time to affure you, we are all wil. 'ling and zealous to lay hold of this Opportunity, which the Bleffing of God, and your Majefty's Care, have put 'into our Hands; refolving to make our utmoft Efforts for our own Security, and the Support of our Allies; defiring your Majefty to reft affured, that no time fhall be loft, nor any thing wanting on our Part, which may answer the ' reasonable Expectations of our Friends Abroad; not doubting but to fupport the Reputation of the English Name, when engaged under fo great a Prince, in the glo'rious Caufe of maintaining the Liberty of Europe." of His Majefty returned this Answer. I My Lords, AM extremely pleased to find the juft Sentiments you Kings Answer have of the prefent State of Affairs, and your Readi"nefs to do your Part in this great Conjuncture. I hope our " joint Endeavours will be fuccefsful for restoring the Ba "lance of Enrope, and establishing our common Security." February the 20th, Hodie 3a vice lecta eft Billa, entitled, Late King An Act to attaint Mary, late Wife of the late King James, James's Wife of High Treafon, The Queftion was put, Whether this Bill shall pass? It was refolved in the Affirmative. Contents 28; Not contents 18. attainted. Because there was no Proof of the Allegations in the Bill Proteft thereon fo much as offered, before the paffing of it, which is a Pre cedent that may be of dangerous Confequence. 1701. F Winchelsea, Anno 14 Will. III. 1701. Bill for the Se- Proteft thereon. Wincheifea, North and Grey, Bradford, Craven, Guilford, London. The 24th, Hodie 3a vice lecta eft Billa, entitled, An A& for the further Security of his Majesty's Person, and the Succeffion of the Crown in the Proteftant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and fecret Abettors. After Debate the Queftion was put, Whether this Bill, with the Amendments, fhall pass? It was refolved in the Affirmative. Diffentient' ift, We conceive that no new Oath fhould be impofed upon the Subject, forafmuch as those established by an Act made in the first Year of the Reign of his Majefty and the late Queen Mary were, together with our Rights and Liberties, afcertained in that A&t under the Terms of our Submiffion to his Majefty, and upon which his Majefty was pleased to accept the Crown; and which were enacted to stand, remain, and be the Law of this Realm for ever; and which, we conceive, do comprehend and neceffarily imply all the Duty and Allegiance of the Subject to their lawful King. zly, And much lefs fhould any new Oath be impofed upon the Lords, with fuch a Penalty as to lose their Seats in Parliament, upon their refufing it; fuch a Penalty being, in fome measure, an Intrenchment upon our Conftitution, and exprefly contrary to the standing Order of this House, made the 30th Day of April, 1675. 3dly, And if fuch an Infringment of the Rights of Peers might be admitted, yet, in a Matter of fo great Importance to all the Peers, we conceive, that in Juftice they should all have had Notice of this Matter, and fpecially fummoned to have attended the Houfe upon fo great an Occafion; which has not been done, tho' it was moved and humbly defired on behalf of the abfent Lords. 4thly, And if any further Evidence of the Subjects Fidelity were, at this time, neceffary to be required, we conceive a new Oath is no fuch Evidence, nor any additional Security to the Government; because those who have kept the Oaths, which they have already taken, ought in Juftice to be esteemed good Subjects; and thofe, who have broken them, will make no Scruple of taking or breaking any others that shall be required of them: And confequently this new Oath may be of dangerous and pernicious Confequence to the Government, by admitting fuch ill Men, who do not fear an Oath, |