1703.

crecy, and executed with the greateft Difpatoh : There is no Anno 2 Anne, Unfeadiness in his Councils, his Troops are never furprized, his Defigns are never betrayed, his Attempts never difappointed by either the Emulation, Envy, or private Piques of his great Generals: He can bring his Armies fooner into the Field, and keep them longer there than we can; nay, can do more with a fmall Part, after we are gone into Winterquarters, than we can with the main Body of ours in a whole Campaign, and that too, when they are commanded by a General that has retrieved the Glory of the English Nation. Sure, my Lords, all Heads, all Hearts, all Hands, are little enough against fuch an Enemy.

'In the next place, my Lords, what heavy Taxes lie upon us here at home, without any Hope of Eafe, and very little Expectation of Advantage? The Reason why Men chearfully undergo fuch Burthens, is because they expect fome public Advantage by them, or, at least, that they may enjoy the Remainder with Security: But, when they have no Profpect from what is given, and are not fecure of enjoying what is left, it will come very hard. We have, my Lords, given great Sums the last Year for the Army; but what great Matter have we done? For my own Part, I think no Man can reasonably expect more from what we are now raising this Year, than to meet again next Winter, and give more, and fo on.

And as to our Navy, what a vaft and fruitless Expence have we been at? I confefs to your Lordships, when I confider these two Heads, it puts me in mind of old Jacob's Prophecy of his Son Ifachar, in the 29th Chapter of Genefis ; Ifachar is a ftrong Afs, couching under two Burdens, he bowed bis Shoulders to bear, and became a Servant to Tribute. I believe this Prophecy has been fulfilled elsewhere.

Was there ever fuch an Expedition undertaken as that into the Streights, laft Summer? I could never yet meet with that Man who could give a reasonable Account of it: Sure, no Man will say that it was to carry on your Trade; that was to put the Nation to a Million Expence to carry out 3 or 400000/. and make a kind of Neceffity of as much more to bring it home: Nor will any Man, I think, own, that fo great a Force was fent thither to make the Italian Princes declare for the Emperor, and then leave them to the Mercy of the French: 'Tis very true, fo vaft a Fleet plainly fhewed how formidable a Power the Confederates were by Sea; but fure, it fhewed alfo the Weakness of our Conduct, that knew fo little what to do with it.

'But there is one Thing, my Lords, that above all amazes me: Every Body knows, that the Foundation of all 1703.

K

our

1703.

Anno Annæ, our Expectations and Defigns of placing the House of Auftria on the Throne of Spain, is laid on the Affistance we expected from Portugal; we know too, by the manner of that Prince's Conduct and Treatment with us, that no Prince is governed more by Intereft. Why then was not a greater Part of fo vaft a Fleet left there to countenance or fecure him? Sure, 'tis unaccountable that he fhould have any juft Cause to apprehend himself either forgotten or neglected. No Man knows what Difficulties or Delays may force

Duke of Devonfhire,

him to.

A noble Lord, with a white Staff, gave it as a Reafon, who, tho' he was against the bringing in of this. Bill, yet, fince it had paffed another Place, he was for it; because the not paffing of it now, he feared, would create a great Difturbance in our Affairs; which I take to be a great Reason against this Bill: For 'tis very well known, the leading Part of the Nation are most concerned in it; and, if this Bill fhould pafs, the fad Effects of it would foon be found in the Exchequer.

Befides all this, my Lords, what great and irreparable Loffes have we had? The Parliament may vote Money, and Money may build Ships; but it is impoffible to recover our Seamen, nor is there any Encouragement to them, or Nursery for them.

There is one Thing more, my Lords, which I will at present but name; because upon fome other Occafion I intend to speak more of that Point. It may perhaps feem too big to be named, but I fhall never think any thing fo, that may prove dangerous to the Crown or Government: It is the extraordinary Favour of one or two Perfons. A Thing that has been very fatal to the Royal Family, and what has been may be. I will only in fhort fay, when all the Favour is bestowed upon one or two Perfons, when all the Power by Sea and Land is either virtually or openly in one Hand; when all the Offices, like a Set of Locks, are commanded by one Mafter Key; I pray God it never may again prove fatal both to Crown and Country.

'Give me Leave only to recapitulate and fay, whether your Lordships confider the prefent Pofture of our Affairs, either at Home or Abroad, by Sea or Land, in a Court or Camp, can never think this a proper time for fuch a Bill.'

Thefe two Lords were fupported by the Duke of Devon fire, the Earl of Peterborough, the Lord Mohun, the Lord Earl of Peter Ferrers, and the Lord Wharton. The laft of thefe, to fhew the Unfeafonablenefs of any thing that might feem to lead Lord Ferrers, to Perfecution, took notice of the diftracted State of Scot Lord Wharton. land, and of the Infolence of the Papiits in Ireland; adding,

borough,

Lord Mohon,

they

1703.

they ought rather to imitate the Parliament of the latter Anno 2 Annæ, Kingdom, in their Zeal against Popery, than to frame Laws to increase their Divifions here. And the Lord Mohun, a Peer eminently confpicuous for his Parts, and his Affection to the Proteftant Succeffion, did not ftick to fay, that if they paffed this Bill, they had as good tack the pretended Prince

of Wales to it. Upon the whole Matter, the Bill, after a The Bill refecond reading, was rejected by a Majority of twelve Voices; jected. but because there is fome Difference, especially in the Preamble between this and the Bill, the preceding Year, it will not be improper to infert an Abstract of it in this Place.

Occafional

'Whereas by an Act made in the 13th Year of the Reign Abstract of the of King Charles II. entitled, An Act for the well-governing and regulating of Corporations, it is, among other Conformity Bill. Things therein contained, enacted, That from and after the 24th Day of March, 1663, no Perfon or Perfons fhould for ever be placed, elected, or chosen in or to any Office or Place of Mayor, Alderman, Recorder, Bailiff, Town-clerk, Common-Council-man, or any Office or Offices of Magistracy, or Place, Truft, or other Employment relating to, or concerning the Government of any City and Corporation, within the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, who should not within one Year next before fuch Election or Choice, have taken the Sacrament of the Lord's Supper, according to the Rites of the Church of England; and in default thereof every fuch Placing, Election and Choice, was thereby enacted and declared to be void.

And whereas, by another Act made in the 25th Year of the Reign of the faid King Charles II. entitled, An A&t for preventing Dangers which may happen from popish Recufants, it is enacted, among other Things therein contained, That all Perfons, who fhould be admitted into any Office, civil or military, after the firft Day of Eafter-Term, in the Year 1673, fhould receive the Sacrament of the Lord's Supper, according to the Ufage of the Church of England, within three Months after their Admittance, in fome public Church, upon fome Lord's Day; and that all Perfons, who fhould neglect or refufe to take the Sacrament, as aforefaid, fhould be, ipfo facta, adjudged incapable, and difabled in Law to all Intents and Purpofes whatsoever, to have or enjoy the faid Offices or Employments. By which faid several Acts it was manifeftly intended, that all Perfons to be admitted into fuch. Offices and Employments fhould be, and always remain con formable to the Church of England, as by Law established; yet the faid Acts have been most notoriously and fcandaloufly eluded by many Diffenters from the Church of England, who have received the Sacrament of the Lord's-Supper, in order

K2

only

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Anno 2 Annæ, only to have or retain fuch Offices and Employments, and to evade the Penalties of the faid Laws, and have afterwards withdrawn themselves from the Communion of the Church of England, and resorted to Conventicles for the Exercife of Religion, in other manner than according to the Liturgy and Practice of the Church of England.

"For the preventing therefore fuch a fcandalous and irreligious Practice for the future, and the evil Confequences thereof, 'Be it enacted, &c. That ifany Perfon or Perfons, after the 24th Day of March, 1704. either Peers or Commoners, who have, or fhall have any Offices, Civil or Military, or shall have any Command or Place of Truft, from under her Majefty, her Heirs or Succeffors, or from any of her Majesty's Predeceffors, within the Kingdom of England, &c. or in the Navy, or in the feveral Islands of Jersey and Guernsey, or fhall be admitted into any Service or Employment in the Houfhold or Family of her Majefty, her Heirs or Succeffors, or if any Mayor, Alderman, or other Perfon, bearing any Office of Magiftracy, or Place, or Truft, or other Employment relating to, or concerning the Government of any of the refpective Cities, Corporations, &c. who by the faid recited Acts, or either of them, were, or are obliged to receive the Sacrament of the Lord's Supper, according to the Rites or Ufage of the Church of England, fhall at any time after their Admiffion into their refpective Offices or Employments, or after having fuch Patent or Grant, Command or Place, or Truft, during their Continuance in their Offices or Employments, knowingly or willingly resort to, or be prefent at any Conventicle or Meetings, under pretence of any Exercife of Religion, in other manner than according to the Liturgy and Practice of the Church of England, in any Place within the Kingdom of England, &c. at which Conventicle, there fhall be ten Persons or more affembled together, fhall forfeit 50/ to be recovered by him or them that fhall fue for the fame, by any Action of Debt, Bill, Plaint or Information, in any of her Majefty's Courts at Westminster; wherein no Effoign, or Protection, or Wager of Law fhall be allowed, or any more than one Imparlance.

• And, be it further enacted, That every Perfon convicted in any Action, or upon any Information, in any of her Majef y's Courts at Westminster, or at the Affizes, fhall be disabled from thenceforth to hold fuch Office or Employment, and fhall be adjudged incapable to bear any Office or Employment whatfoever, within the Kingdom of England, &c.

Provided always, That if any Perfons, who shall have been convicted, and thereby made incapable to hold any Office, fhall, after fuch Conviction, conform to the Church of

England

1703.

England for the Space of one Year, without having been pre- Anno 2 Annæ, fent at any Conventicle or Meeting, and receive the Sacrament of the Lord's Supper, according to the Rites and Ufage of the Church of England, at least three times in the Year, fuch Perfons fhall be capable of the Grant of any the Offices or Employments aforefaid.

Provided also, and be it further enacted, That every fuch Perfon fo convicted, and afterwards conforming in manner aforefaid, shall at the next Term after his Admiffion into any fuch Office or Employment, make Oath in writing in any of her Majefty's Courts at Westminster, or at the next QuarterSeffions for that County or Place where he fhall refide, that he has conformed to the Church of England for the Space of one Year, before fuch his Admiffion, and that he has received the Sacrament of the Lord's Supper at least three times in the Year, provided that no Perfon fhall fuffer any Punishment for any Offence committed against this Act, unless Oath be made of fuch Offence, before fome Judge or Juftice of the Peace, within ten Days after the faid Offence committed; and unless the faid Offender be prosecuted for the fame within three Months after the faid Offence committed; nor fhall any Perfon be convicted for any fuch Offence, unless upon the Oaths of two credible Witnesses at the least.

Provided always, That this Act, nor any thing therein contained, shall not extend, or be judged to take away, or make void any Office of Inheritance; nevertheless, so as fuch Perfons having or enjoying any fuch Office of Inheritance do, or fhall fubftitute and appoint his fufficient Deputy, to exercife the faid Office, until fuch time as fuch Perfon having fuch Office fhall conform, as aforefaid.' Having in this manner given an Abstract of the Bill, it Lift of the will not be improper to add a Lift of the Lords fpiritual and temporal, who voted for or against it, to which also we shall add the Proxies.

FOR THE BILL.

Lord Treasurer, Earl of Godolphin; Lord Prefident, Earl of Pembroke; Lord Privy-Seal, Duke of Buckingham.

DUKES

Of Leeds, Bedford, Marlborough Captain General,

EARLS

..Of Jerfey, Lord Chamberlain, Kent, Bridgewater, Northamp ton, Denbigh, Winchelsea, Carnarvon, Thanet, Scarfdale, Anglefea, Suffex, Nottingham, Secretary of State, Rochefter, Abingdon, Plymouth.

Lords who voted for and againft the Bill.

BARONS.