by their being made subject to Martial Law; a law unknown to our constitution, destructive of our liberties, not endured by our ancestors, and never mentioned in any of our statutes but in order to condemn it. be exercised by him, may yet prove of danger. ous consequence, should it be drawn into preccdent in future reigns. "11. Because the clause in the Bill, alledged to be made for enabling honest creditors to re"6. Because the officers and soldiers themcover their just debts from soldiers, seems to us selves, thus subjected to martial law, are there-rather to give a protection to the soldier than by, upon their trials, divested of all those rights and privileges which render the people of this realm the envy of all other nations, and become liable to such hardships and punishments as the lenity and mercy of our known laws utterly disallow; and we cannot but think those persons best prepared, and most easily tempted to strip others of their rights, who have already lost their own. 7. Because a much larger jurisdiction is given to courts-martial, by this Bill, than, to us, seems necessary for maintaining discipline in the army, such jurisdiction extending not only to mutiny, desertion, breach of duty and disobedience to military commands, but also to all immoralities, and every instance of misbehaviour, which may be committed by any officer or soldier towards any of his fellow-subjects; by which means the law of the land, in cases proper to be judged by that alone, may, by the summary method of proceedings in courts-martial, be obstructed or superseded, and many grievous offences may remain unpunished. "8. Because the officers constituting a courtmartial, do at once supply the place of judges and jury-men, and ought therefore, as we conceive, to be sworn upon their trying any offence whatsoever; and yet it is provided by this Bill, that such officers shall be sworn upon their trying such offences only as are punishable by death; which provision we apprehend to be defective and unwarrantable by any precedent, there being no instance within our knowledge, wherein the judges of any court, having cognizance of capital and lesser crimes, are under the obligation of an oath in respect of the one, and not of the other. "9. Because the Articles of War thought necessary to secure the discipline of the army, in cases unprovided for by this bill, ought, in our opinion, to have been inserted therein, in like manner, as the Articles and Orders for regulating and governing the navy were enacted in the 13th year of king Charles the 2nd, to the end, that due consideration might have been had by parliament of the duty enjoined by each article to the soldiers, and of the measure of their punishment; whereas the sanction of parliament is now given by this Bill to what they have had no opportunity to consider. "10. Because the clause in this Bill enabling his majesty to establish Articles of War, and erect Courts-martial, with power to try and determine any offences to be specified in such Articles and to inflict punishments for the same, within this kingdom in time of peace, doth (as we conceive) in all those instances, vest a sole legislative power in the crown; which power, how safely soever it may be lodged with his present majesty, and how tenderly soever it may any real advantage to his creditor, or other person having just cause of action against him; it protects the person of a soldier from execution, as well as the Mesue process, for any debt under 101.; and it protects the estate and effects as well as the person of every soldier from all other suits but for debt, where the cause of action doth not amount to the like sum; and in other cases, where the cause of action exceeds that value, plaintiffs are in many instances put under such unreasonable difficulties, that, we conceive, before they can be allowed even to commence their suit, their bare compliance therewith may become more grievous to them than the loss of their debt, or a quiet submis. sion to the wrong sustained; by which means his majesty's good subjects may be highly injured in their properties, and insulted in their persons by the soldiery, and yet be deprived of the legal remedies appointed for the redress of such grievances. "W. Ebor', Compton, Dartmouth, Hay, Strafford, Boyle, Guilford, Greenwich, Weston, Trevor, Fran. Cestriens', Bute, Tadcaster, Bingley, Scarsdale, Litchfield, Foley, Mansell, Fr. Roffen', Abingdon, Bristol, North and Grey, Harcourt, Bathurst, Gower, Poulet, Northampton, P. Hereford, Montjoy, Oxford*.” Debate on the State of the Trade to Sweden.] Feb. 27. The Commons proceeded to take in to consideration the matters of the Petition of several merchants and owners of shipping, and other petitions which had been presented to the House, in relation to the Trade to and from Sweden: and the extracts of the Letters between the Secretaries of State, and his majes "No subject produced so much heat and altercation in parliament during this session, as did the bill for regulating the land forces, and punishing mutiny and desertion; a bill which was looked upon as an encroachment upon the liberties and constitution of England, inasmuch as it established martial law, which wrested from the civil magistrate the cognizance of crimes and misdemeanors committed by the soldiers and officers of the army: a jurisdiction inconsistent with the genius and disposition of the people. The bill passed by a great majority; but divers lords entered a protest."Smollett. "As soon as the parliament broke up, the Speakers against the Mutiny-Bill published their speeches, for which they were severely censured by the author of The Critic, and their speeches boldly examined. The king also, soon after the end of the session, ordered Articles to be published for the Regulation and Government of the Army, pursuant to the power lodged in him by the act."-Tindal. : merce with Sweden; and that on the other hand, such an Address was altogether needless, since his majesty's wisdom would not fail to apply all proper remedies to the evil that was complained of. Hereupon ty's residents in Holland; and also the Memo- | had desired his majesty to prohibit all comrials which Mr. Jackson presented to the Regency of Sweden, and the Answers to them, were read: after which Mr. Jackson being called in, Mr. Craggs asked him, whether he was of opinion, That if the trade were opened with Sweden, our merchants would be upon a better foot than they are at present? Mr. Jackson answered, "That, in his opinion, the contrary would happen for now that the Swedes are distressed for want of our commodities, particularly corn and salt, they are inclined to facilitate to us, underhand, the purchase of their iron; whereas if the prohibition of trade with them was taken off, they would immediately provide themselves with what they want; and knowing at the same time, that there are amongst us a set of men, who make it their study and business to embarrass the government, the court of Sweden would be more stiff than ever, and render the purchase of their iron more difficult to us." Sir William Wyndham said, That the prohibition of trade with Sweden having been thought convenient, when there was some grounds to fear an invasion from thence; now that apprehension was entirely over, it would be no reflection either upon the king or his parliament, to take off the said prohibition; and that he wondered we should distress and endeavour to ruin a prince and nation, who have ever been the support of the Protestant interest, and whom, by treaties, we stand obliged to defend and protect. After this it was resolved by a majority of 201 votes against 111, to adjourn the debate till that day month. Some members being offended at Mr. Jack- Debate in the Lords on the Forfeited Estates son's expression, viz. " A set of men," cried out, Bill.] March 4. The Lords read the first "Custody, Custody." But the more moderate time, the Bill for vesting the Forfeited contented themselves with putting him upon ex- Estates, in Great Britain and Ireland, in plaining himself: hereupon, Mr. Jackson re- trustees, to be sold for the Use of the plied, "That he meant the Merchants who pre-public;' and a motion being made, and the sented unreasonable petitions." This being by question put, That the said Bill be read a some looked upon rather as an aggravation than second time. The lord North and Grey an excuse, the cry of" Custody, Custody," was spoke against the excessive power, which, by repeated; but this Bill was given to the trustees, whereby Mr. R. Walpole brought him off, by suggest- abundance of families might be oppressed and ing, "That that gentleman had lived so long in ruined; and his lordship was seconded by the a despotic government, where Petitions and lords Trevor and Harcourt, and the duke of Representations of that nature, are accounted Argyle, who unged, That this Bill by leaving capital crimes, that he had forgot the rights and the claims to the Forfeited Estates to the final privileges of his countrymen;" and therefore determination of the trustees, not only clashed moved, that his unguarded expressions might be with the Act of Union, in that it suspended excused. Nobody opposing Mr. Walpole, Mr. and set aside, in that respect, the courts of Jackson withdrew. Then the Petitioners, and judicature in North Britain, which, by the some other merchants being called in, and far- said Act, ought to remain entire; but was ther heard, they represented among other par- likewise derogatory to the privileges and auticulars, "That since the prohibition of trade thority of the House of Peers, who are suwith Sweden, they bought Swedish iron of the preme judges in all civil causes. It was also Dutch 47. per ton dearer than before; and that alledged, That by the method that had been whereas the English were formerly, about followed, the public would get little or no30,000l. per annuin, gainers by the trade with thing by the forfeitures; whereas, if the scheme Sweden, they now lost about 90,000l." But proposed by sir David Dalrymple had been this was contradicted by Mr. Craggs, who sug- pursued, the same would have yielded considergested, "That the exports from Stockholm for able sums, without any oppression to the subEngland had never amounted to 120,000l. inject. The earl of Sunderland, the lords Stanone year; and therefore the difference of the profit and loss could not come up to this last sum." The merchants being withdrawn, Mr. Heysham spoke in their favour, and made a motion, upon which the question was proposed, That an Address be presented to his majesty, to take into his consideration the State of the Trade with Sweden, and that such measures might be taken, that his majesty's subjects, and those of his allies, might carry on the said trade in the same manner. Hereupon there arose a warm debate, in which Mr. Craggs represented, That such an address would be derogatory to the king's honour, and even a reflection on the parliament, who hope, Parker, and Coningsby, answered the objections raised against the bill; and it was, at last, resolved, That the same should be read a second time; and that a Message be sent to the Commons, to acquaint them, "That their lordships, having under their consideration the Bill for vesting the Forfeited Estates of Great Britain and Ireland, in trustees, to be sold for the use of the public, they did desire that the Commons would give leave, that such of the commissioners of enquiry, who were members of that House, as also sir David Dalrymple, his majesty's advocate-general of Scotland, might attend their lordships' House, on Thursday morning next." The next day, the Commons proceeded to take the Message before-mentioned into consideration; and appointed a Committee, to search precedents with relation to the said Message. It appearing to the Commons by the report of that Committee, that the like desire of the Lords had, on some occasions, been complied with, and at other times denied; the Commons, who were resolved to follow the precedents for the latter, lest the Lords should make alterations in a Money Bill, put off the considerations of the said report till the next day. Hereupon the Lords, who bad waited for an answer from the Commons till three in the afternoon, proceeded to the second reading of the bill; and it being moved, that the said Bill be committed, it occasioned a great debate. The lord Harcourt, the earl of Ilay, and the duke of Argyle urged several reasons against the bill; and were answered by the lords Cowper, Stanhope, and Coningsby; and after some other speeches for and against, the question being put, upon the motion before mentioned, it was carried in the affirmative by 80 votes and proxies, against 73; and resolved, That the said Bill be referred to a Committee of the whole House the Saturday next following. In the mean time the Commons having met again on the 7th of March, read only a Petition of the Tanners, in the county of Brecon, and then immediately adjourned till the 10th, to avoid taking into further consideration either the Lords' Message, or the Report of their own Committee about Precedents. Debate in the Lords on a Bill for rebuilding St. Giles's Church.] March 8. There was a great debate in the Lords, upon the third reading of a Bill from the Commons, intituled, An Act to impower the Commissioners, appointed to put in execution the act for building Fifty new Churches in London and West minster, to direct the parish church of St. Giles's in the Fields, in the county of Middlesex, to be rebuilt, instead of one of the said Fifty new Churches.' The archbishop of York, and some other prelates, strenuously opposed this Bill, urging, "That the same was a misapplication of money already granted by parliament for a pious use." honour of God, the spiritual welfare of her majesty's subjects, the interest of the establish ed church, and the glory of her majesty's reign. -W. Ebor', Fran. Cestriens', Compton, Willoughby de Broke, Buckingham, Poulett, Strafford, Joh. London, George Bristol, Boyle, Masham, Fr. Roffen', Foley, P. Hereford, North and Grey, Mansell, Berkeley of Stratton, Oxford, Bathurst." after farther debate, the question was put, Protest against passing the said Bill.] Then whether this Bill shall pass? It was resolved in the affirmative. Contents 19 Proxies 21-70 "Dissentient' Not Contents 38 Proxies - - 25-63 1. "Because ic doth not appear to us from any declaration in his majesty's name to either House of Parliament, that his royal leave was given for bringing in the said bill, as, we humbly conceive, it ought to have been, for bringing in a bill of this nature. 2. Because this Bill, in our opinion, manifestly tends to defeat the ends and purposes of two acts of parliament for building Fifty new Churches, and yet at the same time asserts that the intention of the said acts would be hereby answered. 3. "Because this Bill farther asserts, That the parish of St. Giles's is in no condition to raise or pay the sum of 3,000l. and upwards, for the repair of its parish church; which we apprehend to be evidently false in fact; and if true, to be no reason for rebuilding the said church out of the fund given for building Fifty new Churches. 4. "Because this bill moreover asserts, That the said Parish-church, when rebuilt, and the by virtue of the acts for building fifty new church which is now building in the said parish, churches, will be sufficient for the inhabitants informed, and, upon the best calculation, do of the said parish; whereas we are credibly believe, that there are about 40,000 souls in churches, together with the present parishthe said parish; and do think, that three new church, will be barely sufficient for that number. old churches; out of the fund appropriated for 5. "Because if this precedent for rebuilding building new ones, should be followed, and the ends of the abovesaid acts should be thereby in any great measure defeated, we are appre hensive, that many thousands of his majesty's good subjects in and about these populous cities will be left unprovided of churches, whereunto they may resort for the public worship of God; and will thereby remain destitute of the necessary means of being instructed in the true Christian religion, as it is now professed in the church of England, and established by the laws of this realm.-W. Ebor', Geo. Bristol, Willoughby de Broke, Berkeley of Stratton, Fr. Roffen', Mansell, Joh. London, Strafford, Bathurst, Poulett, Fr. Cestriens', Oxford, P. Hereford, North and Grey, Masham, Foley, Boyle." Protest against passing the Forfeited Estates' just demands of such creditors or other claimBill.] March 11. The Lords, in a grand ants, which they have not only in many cases a committee, read the third time the bill for vest-right to by the ancient laws of their country, ing the Forfeited Estates in trustees, to be sold for the use of the public, and for giving relief to lawful creditors, by determining the claims, and for the more effectual bringing, into the respective exchequers, the rents and profits of the estates till sold. And a motion being made, that the bill do pass, it was carried in the affirmative, by 82 against 76. Contents 55 Proxies 27-82. "Dissentient', Not Contents 45 Proxies - - 31-76. 1. "Because, we humbly conceive, that the charges of this commission are a very great and unnecessary burthen on the public, and will swallow up a great part of that fund the commissioners are appointed to be guardians of; whereas the ends of that trust, which is lodged in them by this bril, might have been more easily, more justly, and with less expence, attained by the known and ordinary course of the law. 2. “ Because there is erected in this bill a court of judicature with strange and new powers, viz. in a summary way, and without the formality of proceedings in the courts of law or equity, to proceed by, and upon the testimony of witnesses upon oath, examination of persons clming, or otherwise interested, upon their oaths; inspection and examination of deeds, writings and records; and by all or any of the said ways and means, or otherwise, according to the circumstances of the case, or of the persons claiming, as soon as conveniently may be, to hear, determine and adjudge all and every claim and claims: Which words seem to contain the most arbitrary and unlimited authority that can possibly be created; and in particular, the expression concerning the circumstances of the persons is not only unknown to our laws, but prescribes a rule which was never vet thought to be a proper ingredient in the impartial administration of justice. but which are secured to them (at least in that part of Great Britain called Scotland) by the faith of an act of parliament, as a future reward of their dutiful and loyal behaviour to his majesty and his government, when the nation was threatened with the greatest dangers; which reward has been confirmed to them by a sub sequent act. 6. "Because the time of entering claims on Estates forfeited, or to be forfeited before the 24th of June, 1718, is allowed no farther than to the 1st of June in the said year; whereby all creditors, claimants, and bona fide purchasers of estates, which may be forfeited between the 1st and 24th of June aforesaid, are absolutely and expressly barred and excluded. 7. "Because the setting up a new court of judicature for claims on Forfeited Estates, in any part of Great Britain, is wholly unprecedented, and the privileges and jurisdiction of this House are thereby diminished and endangered, but much more so, by the reversing decrees of courts of judicature already made, which, whether they are erroneous or legal, ought (as the constitution of this kingdom now is, and hath hitherto been) to be reviewed, reversed, or affirmed by no other jurisdiction whatsoever, but that which is inherent in the House of Lords. 8, "Because the court of session is by this bill discharged from exercising their lawful jurisdiction, notwithstanding that the foundation of the constitution of the united kingdom of Great Britain is the articles of the Union; wherein it is expressly stipulated, That the court of session shall remain in all time coming as it was then constituted, with the same authority and privileges as before the Union; and though the said court was subjected to regulation, for the better administration of justice, yet the jurisdiction of it was in no case to be totally extinguished. 9. Because the erecting new jurisdictions 3. Because there is in this bill a penalty with such indefinite powers, exclusive of the laid on the witnesses who shall forswear them- House of Lords; the making void or endangerselves to support any claim, but no punishmenting the rights of great numbers of lawful creinflicted on those who shall make false oaths in order to defeat any just demand. 4. "Because there is nothing in this bill which incapacitates the commissioners, or any in trust for them, to purchase claims on the Forfeited Estates; and yet in case they should make such purchases, they will become both judges and parties in the same cause, and consequently be exposed to temptations of a great and dangerous nature. 5. "Because the reversing and making void all acts and decrees of any court of judicature, passed since the 24th day of June, 1715, concerning any right, charge or interest out of any of the Forfeited Estates, and the not saving to all creditors and other claimants such right as they had before the passing this bill, does greatly endanger, if not totally make void the ditors or other claimants, secured to them by the laws; and the depriving the courts of jostice of their judicature as aforesaid, we humbly apprehend, cannot but raise the highest discontents in the minds of his majesty's subjects. Buckingham, Strafford, Poulett, Geo. Bristol, Bathurst, Willoughby de Broke, Deloraine, Trevor, Oxford, Plymouth, North and Grey, Mansell, Fr. Roffen', Northampton, Compton, Tadcaster, Guilford, Hay, Greenwich, Boyle, Weston, Litchfield, Belhaven, Foley, Masham, Montjoy." Protest against the Bill for crecting WorkHouses at Bristol.] March 17. A Bill for the better explaining several acts, therein mentioned, for erecting of Hospitals and Work-houses within the city of Bristol, for the employing 2. "Because this bill, whilst it complains of the difficulty of finding a sufficient number of proper and well qualified persons to be elected and constituted guardians and officers of the said corporation, and, to avoid that pretended difficulty, lets in dissenters, doth at the same time shut out seventeen church-wardens, who, by a former act, were incorporated therein, and who, by the constitution, have the care of the poor in a special manner intrusted with them. 3. "Because this bill repeals a law, by which the dissenters were excluded from places and offices in this corporation, and this repeal may hereafter be made use of as a precedent for abrogating other laws, as yet in force, in order to the admission of dissenters into all places and offices whatsoever. 4. "Because this bill, by exempting guardians and officers therein mentioned from the penalties and forfeitures of the corporation and test acts, doth, in our opinion, very much weaken the force of those acts, which are de clared by the legislature to have been made for the security of the church of England, as by law established, and, as such, are, we conceive, ratified and made perpetual by that clause in the Act of Union, which enacts, That the act for the ministers of the church of England to be of sound religion, and the act for uniformity, and all and singular other acts of parliament then in force, for the establishment and preservation of the church of England, shall remain and be in full force for ever. Geo. Bris tol, Hay, Strafford, Bathurst, Fr. Roffen', Mansell, Jonat. Winton', Joh. London, Montjoy, Compton, Oxford, Boyle, Weston." The King's Message for an Additional Number of Seamen.] March 17. Mr. Comptroller Boscawen acquainted the House, That he had a Message to the House signed by his majesty: which was read as follows: "G. R. "His majesty being at present engaged in several negotiations of the utmost concern to the welfare of these kingdoms, and the tranquillity of Europe; and having lately received information from abroad, which makes him judge that it will give weight to his endeavours, if a naval force be employed where it shall be necessary, does think fit to acquaint this House therewith; not, doubting but that in case he should be obliged, at this critical juncture, to exceed the number of men granted this year for the SeaService, the House will at their next meeting, provide for such exceeding " "That an Address be presented to his majesty, Upon this, sir William Strickland moved, to return his majesty the thanks of this House, for his unwearied endeavours to promote the welfare of his kingdoms, and to preserve the tranquillity of Europe: and to assure his majesty, that this House will make good such exceedings of men for the Sea-Service of the year 1718, as his majesty in his royal wisdom shall find necessary to obtain those desirable ends." This motion, being seconded and the question put thereupon, was carried without dividing.-It is remarkable, that the Spanish embassador having about this time expostulated concerning the great preparations for sending a Fleet into the Mediterranean, Mr. Walpole said, That such an Address had all the air of a declaration of war against Spain. March 18. Mr. Boscawen acquainted the House," That their Address had been presented to his majesty; and that he was coinmanded by his majesty to return his majesty's hearty thanks to this House, and to assure them, that his majesty shall think himself obliged, in return of the great confidence they have reposed in him, not only to use the utmost economy that shall be consistent with the real interest of his subjects for this ensuing year; but likewise to apply his most earnest endeavours to prevent future burthens to his people, by establishing a lasting peace and tranquillity." March 21. This day, the King came to the The King's Speech at the Close of the Session.] House of Peers, and the Commons being sent for and attending, his majesty gave the royal assent to several Bills. After which, his Majesty was pleased to say; "My Lords, and Gentlemen; "I have commanded my Lord Chancellor to deliver, in my name and words, what I think fit should be said to you, on my putting an end to this session of parliament." And then the Lord Chancellor read his ma jesty's Speech as follows: "My Lords, and Gentlemen ; "I cannot put an end to this session, without returning my hearty thanks to so good a parliament, for the dispatch which has been given to the public business. You will, I hope, in your private capacities, feel the convenience of an early recess; and, I am persuaded, the public will receive great benefit by the seasonable zeal and vigour of your resolutions in support of my government. Nothing can add so much to the credit and influence of this crown, both at home and abroad, as the repeated instances of your affection to me. This steadiness and resolution of yours |