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1711.

among us : but even that lord, who fits on the v « woolpack (meaning the lord treasurer) may well remem

, “ ber, that, in the late reign, four lords were impeached “ for having made a partition-treaty.” The earl of Angleiey, (who, with the duke of Ormond, was just come into the house, having that morning travelled above thirty miles in their return from Ireland) represented “ the necef“ fity of easing the nation of the burden of this expensive

war, and said, they ought to leave it to her majesty's “ wisdom to conclude a peace, when she thought it con“ venient for the good of her subjects :” adding, “ that we

might have enjoyed that blessing soon after the battle of “ Ramillies, if the same had not been put off by some per« fons, whose interest it was to prolong the war." The duke of Marlborough, who could not but perceive that this suggestion was lcvelled against him, made a long and pathetic speech, wherein, among other things, he said, “ he thought himself happy, in having an opportunity given “ him of vindicating himself on so material a point, which “ his enemies had to loudly, and so unjustly, laid to his “ charge, before a person [meaning the queen, and mak“ ing a bow towards the place where her majesty was) who

knowing the integrity of his heart, and the uprightness “ of his conduct, would not fail doing him justice. That “ he referred himself to the queen, whether, whilft he had " the honour to serve her majesty, as general and plenipo6 tentiary, he had not constantly informed her, and her “ council, of all the proposals of peace, that had been " made; and had not desired instructions for his conduct on 66 that subiect? That he could declare with a safe conscience, “ in the presence of her majesty, of that illustrious affem

bly, and of that supreme being, who is infinitely above “ all the powers upon earth, and before whom, according “ to the ordinary course of nature, he must soon appear,

to give an account of his actions, that he ever was de

firous of a fafc, honourable, and lasting peace; and that 5 he was always very far from any design of prolonging the

war for his own private advantage, as his enemies had "most falscly infinuated. That his advanced age, and the

many fatigues he had undergone, made him carnestly " wish for retirement and repose, to think of eternity the " remainder of his days; the rather, because he had not 66 the least motive to desire the continuance of the war, " having been so generously rewarded, and had honours s and riches heapcd upon him, far beyond his defest and

“ expectation,

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5 expectation, both by her majesty and her parliaments. 1711.
" That he thought himself bound to this public acknow-
“ ledgment to her majesty and his country, that he should

always be ready to serve them, if he could but crawl a-
“ long, to obtain an honourable and lasting peace : but
" that, at the same time, he must take the liberty to de-.
“ clare, that he could, by no means, give into the mea-
“ sures, that had lately been taken to enter into a nego-
“ tiation of peace with France, upon the foot of the seven
“ preliminary articles; for, he was of the same opinion
“ with the rest of the allies, that the safety and liberties of
“ Europe would be in imminent danger, if Spain and the
“ West-Indies were left to the house of Bourbon ; which,
“ with all humility, and as he thought himself in duty
“ bound, he had declared to her majesty, whom he had the
“ honour to wait on, after his return from Holland : and,
“ therefore, he was for inserting in the address the clause
“ offered by the earl of Nottingham.” This speech, de-
livered with a moft hearty concern, had the greater weight,
as it was supported by the lord Cowper, the bishop of
Sarum, the lord Halifax, and some other peers. On the
other hand, the lord North and Grey and some other of-
ficious courtiers said, that, since peace and war belonged, as
prerogatives to the crown, it was not proper to offer any

ad-
vice in those matters, until it was asked : but this was re-
jected with indignation, since it was a constant practice, in
all sessions of parliament, to offer advices ; no prerogative
could be above advice; this was the end specified in the
writ, by which a parliament was fummoned; nor was the
motion for a delay received. The eyes of all Europe were
upon the present feffion; and this was a post-night: so it
was fit they should come to a present resolution, in a matter
of such importance. This debate (in which the dukes of
Shrewsbury and Buckingham were observed to say little or no-
thing) having lasted till near seven in the evening, the ques-
tion was put, whether the earl of Nottingham's advice The clause
should be part of the address ? and the previous question be-is agreed to
ing first put, it was carried by the fingle vote of that earl ;
but the main queftion was carried by fixty-two against fifty-
four : so this point was gained, though by a small majority.

It was expected that the court-party would the next day have the majority, by means of the proxies which eight Scots peers had sent to the duke of Hamilton and the earl of Mar. Wherefore, when the address of the lords was reported to the house, by the committce appointed to prepare

The lords address. Pr. H. L.

1711. it, the court tried to get the whole matter to be contested

over again, pretending, that the debate was not now, upon
the matter, debated the day before, but only whether they
should agree to the draught, prepared by the committee :
but that part of it, which contained the advice, was con-
ceived in the very words, in which the vote had passed ; and
it was a standing rule, that what was once voted, could
never again be brought into question, during that session.
This was so sacred a rule, that many of those, who voted
with the court the day before, expreised their indignation a-
gainst it, as subverting the very conftitution of parliaments,
if things might be thus voted and unvoted again, from day
to day: yet even upon this a division was called for, but,
the majority appearing fo evidently against the motion, it
was yielded, without counting the house. Three days af-
ter, the lords waited on the queen with their address, which
was as follows:
WE your majesty's most dutiful and loyal subjects, the

lords fpiritual and temporal in parliament assembled, “ do, with hearts full of gratitude and loyalty to your fa“ cred majesty, beg leave to return your majesty our moft “ humble and hearty thanks and acknowledgments for your

majesty's most tender and affectionate care for all your “ people, expressed in your majesty's most gracious speech “ from the throne, and for imparting to us your majesty's « desires of ending this present war, by a peace advantage“ ous to your subjects, and just and honourable for your “ majesty and all your allies; as also for your majesty's “ exprefsing fo particular a regard for the interest of the “ states-general, as infeparable from your own; and that

your majesty is graciously pleased to assure us, it is your

chief concern, that the protestant religion, and the laws 66 and liberties of these nations, may be continued to your “ people, by securing the succession to the crown, as it is « limited by parliament to the house of Hanover; and that

your majesty is pleased to fhew so just a resolution to pro“ cure a satisfaction for all the allies, being by treaties in" titled to have their several interests fecured at a peace, and ss to unite with them in the strictest engagements, in order

to render the peace fecure and lasting. And we do beg “ leave to represent it to your majesty, as the humble opi- nion and advice of this house, that no peace can be safe

or honourable to Great-Britain or Europe, if Spain and

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66 the

" the Weft-Indies are to be allotted to any part of the 1711. “ house of Bourbon."

To which the queen returned this anfwer:

My lords,
“ I take the thanks you give me kindly. I should be ve-

ry forry any one could think I would not do my utmost
" to recover Spain and the West-Indies from the house of
6 Bourbon (x).”

The lords returned her thanks for this answer: for they understood, by the doing her utmoft, was meant the coninui ng the war. The court was much troubled to see the house of lords fo backward, and both sides studied to fortify themselves, by bringing up their friends or by getting their proxies.

The house of commons were more complaisant than that the same of the lords, for a clause being offered to be inserted in clause rejectheir address of thanks, importing, “ that the house did not commons. “ doubt, but care would be taken, that Spain and the Pr. H. C. « West-Indies should not be left in the hands of any branch “ of the house of Bourbon, which might indanger the

safety of her majesty's person and government, the pro« testant fucceffion in the house of Hanover, and the liber“ ties of Europe ;" after a long debate, this clause was rejected by a majority of two hundred and thirty-two voices against one hundred and fix; and so the commons, in their address, not only expressed their satisfaction in what her majesty had been pleased to declare of the just and honourable peace, which she had in view ; but, at the same

time, assured her, that they would use their utmost en• deavours to disappoint, as well the arts and designs of • those, who, for private views, might delight in war, as the

hopes the enemies might have vainly entertained of re' ceiving advantage from any division among them.'

them. The queen returned for answer, that this very dutiful address

(x). The same day the address " 2. Because they looked upon it was presented, several court lords as an invasion of the royal entered their protests against it; “ prerogative, in fo sudden a

1. Because the nature of it was “ manner to declare their opi“ altered, there being no pre

« nion in a matter of such im“ cedent for inserting a clause of portance to the crown, as the ! advice in an addrels of thanks, making of peace and war."

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tent examined.

Burnet,

Dec. 20.

1711. was what she expected from the zeal and loyalty of such

an house of commois : that she returned them her hearty • thanks for the confidence they had in her; and entirely " relied upon their assurances : and that they might depend

upon her affection and care for their interests.' Duke Ha While things pafied smoothly in the house of commons, milton's pa- the proceedings in the house of peers made a great noise,

and kept the contending parties in suspence. The duke of Pr. H. L. Hamilton, one of the fixteen peers for Scotland, having,

been created a peer of Great-Britain, by the title of duke
of Brandon, notwithstanding a caveat entered against his
patent, and now claiming a place in that quality in the
house of peers, many lords, who apprehended no small
danger to the constitution, from the admitting into their
house a greater number of Scots peers, than were agreed
to by the act of union, resolved to oppose his claim. When
that affair was brought into the house, it was espoused by
the court with great zeal, and the queen came to hear the
debates. Lawyers were heard for the patent: it was said,
the queen's prerogative in conferring honours was clear. All
the subjects of the united kingdom had likewise a capacity
of receiving honour. The commons of Scotland had it un-
questionably; and it seemed a strange assertion, that the
peers of that nation should be the only persons incapable of
receiving honour. By the act of union the peers of Scot-
land were, by virtue of that treaty, to have a representation
of sixteen for their whole body : these words, by virtue of
that treaty, seemed to insinuate, that, by creation or suc-
ceffion, they might be made capable. And in the debate,
that followed in the house, the Scots lords, who had been
of the treaty of union, affirmed, that these words were put
in on that design. And, upon this, they appealed to the
English lords. This was denied by none of them.
also urged, that the house of lords had already judged the
matter, when they not only received the duke of Queens-
berry upon his being created duke of Dover, but had so far
affirmed his being a peer of Great-Britain, that upon that
account they had denied him the right of voting in the
election of the fixteen peers of Scotland. But, in oppo-
fition to all this, it was replied, that the prerogative could
not operate, when it was barred by an act of parliament:
the act of union had made all the

peers
of Scotland

peers

of Great Britain, as to all intents, except the voting in the house of lords, or fitting in judgment on a peer : and, as to their voting, that was vested in their representatives, by

It was

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