SPEECHES and DEBATES
In the Third Session of the
First Parliament of King George II.
The King came to the House of Peers, on the 13th
of January, and the Commons attending, his Majesty made the following Speech:
King's Speech at opening the Third Session.
My Lords and Gentlemen,
It is with great Satisfaction I acquaint you, that we
have at length extricated ourselves from the many
Difficulties and Inconveniences that attended the uncertain State of Affairs in Europe, by having concluded an
absolute Peace with the Crown of Spain.
"This Negotiation hath been carry'd on, and finish'd,
with a perfect Union, Harmony, and Fidelity, between
me and my Allies, with no other View but to prevent the
Miseries and Confusion of a War, which if once kindled
in Europe, it had been as hard to know the End, as to
determine the Success of such a fatal Event.
"As this Alliance is built upon the Foundation, and is
agreeable to the Purport and Intentions, of former Treaties, without any Alterations in the principal Articles, but
such as tend to render more effectual, what the contracting Powers in the Quadruple Alliance were before engaged
to see perform'd, it is very justly to be presum'd, that
from this happy Beginning, the great Work, of a general
Pacification, will soon be perfect and compleat.
"But if, contrary to Expectation, and in Resentment of
the present Engagements, any new Troubles, altho' with
little Prospect of Success, should be raised in Europe, to
oppose or disappoint the Execution of them, I am confident I shall not want the Support and Assistance of my
Parliament in so just a Cause, which hath the joint Concurrence of so many considerable Powers, for the Honour
and Credit of the present Measures, and their united
Strength, in Maintenance of our mutual Stipulations.
"In the mean Time, I can assure you that I have made
it my first Care to consult the immediate Interests of these
my Kingdoms, preferable to any other Consideration, and
at the Hazard of all other Events.
"All former Treaties and Conventions made with Spain,
in favour of our Trade and Navigation, are renewed and
confirmed; not only a free and uninterrupted Exercise of
our Commerce, for the future, is restored; but just and
ample Restitution and Reparation, for unlawful Seizures
and Depredations, are expresly stipulated and agreed to:
In general, all Rights, Privileges, and Possessions, in any
Manner belonging to me and my Allies, are solemnly reestablished, confirmed and guarantuyed, and not one Concession is made to the Prejudice of me or my Subjects.
"By this Means, a Foundation is laid for removing all
former Animosities and Misunderstandings between the
Kingdoms of Great Britain and Spain: And it is not at all
to be doubted, but that, by a faithful Execution of our
reciprocal Engagements, a perfect Friendship betwixt the
two Nations, united by the common Ties of mutual Interest, may be more strongly established and cemented than
ever.
"And that my Subjects might reap the earliest Fruits of
this advantageous Peace, I gave Orders for the immediate
Reduction of a great Number of my Land-Forces, and for
laying up and discharging a great Part of my Fleet.
Gentlemen of the House of Commons,
"This will make a considerable Saving in the Expence
of the current Year, and I hope it will give a general
Satisfaction to my People, as it is a most sensible Pleasure
to me. The proper Estimates shall be laid before you,
and I make no doubt but you will grant me the necessary
Supplies, and enable me to make good my Engagements
with my Allies, in such Manner as shall be most effectual
for the publick Service, and most easy to your Fellow
Subjects.
"You will see, by the Accounts that will be laid before
you, the State, Produce, and Application of the Sinking
Fund, as far as hath been hitherto directed by Act of
Parliament; and you will not fail to take into your Consideration the farther Disposition of the growing Produce:
You are the best Judges, whether the Circumstances of the
Sinking Fund, and of the National Debt, will as yet admit of giving Ease, where the Duties are most grievous.
I have the greatest Regard for the Sinking Fund, and
look with Compassion upon the Hardships of the poor Artificers and Manufacturers. I leave it to your Determination, what may reasonably and with due Caution be
done upon this critical Consideration.
My Lords and Gentlemen,
"That we may receive the natural Advantages of our
present Situation, I must in the strongest Manner recommend to you a perfect Unanimity among yourselves; such
as may entirely defeat the Hopes of our Enemies both at
Home and Abroad: The groundless Insinuations, Cavils,
and Clamours of some few ill designing Persons, to shake
the Steadiness of those Powers who are already my Allies,
or to hinder others from becoming so, will, by your
Unanimity, be render'd ineffectual; and I desire that the
Affections of my People may be the Strength of my Government, as their Interest has always been the Rule of
my Actions and the Object of my Wishes."
Mr Speaker having reported his Majesty's Speech, a Motion was made for an Address of Thanks, which was agreed
to; and a Committee was appointed to draw up the same.
January 15. The House presented their Address to his
Majesty, as follows:
The Commons Address of Thanks.
Most gracious Sovereign,
We your Majesty's most dutiful and loyal Subjects,
the Commons of Great-Britain in Parliament assembled, return your Majesty our most humble Thanks
for your most gracious Speech from the Throne.
'We cannot omit taking this first Opportunity to congratulate your Majesty upon your happy Return into these
Kingdoms: The just and prudent Administration of the
Government during your Majesty's Absence by the Queen
your Royal Consort, ruling by your Authority, and governing by your Example, could alone compensate for the
want of your Royal Presence and auspicious Influence
among us.
'The welcome News of your Majesty's having concluded
an absolute Peace with the Crown of Spain, effected by a
perfect Union, Harmony and Fidelity between your Majesty and your Allies, fill'd the Hearts of all your good
People with inexpressible Joy and Satisfaction; and we
should be wanting in Duty to your Majesty, in Justice to
ourselves, and not answer the Expectations of those we
represent, if we did not approach your Majesty upon this
happy Occasion with Hearts full of Duty and Gratitude,
and with the strongest Acknowledgments of your Majesty's
Goodness, Wisdom, and Resolution; your Wisdom and
Resolution, in not suffering yourself to be diverted by any
false and malicious Clamours and Insinuations, from steadily
pursuing the great and desirable Work of giving Peace to
your People; your Goodness in consulting the immediate
Interests of these your Kingdoms, preferable to all other
Considerations, and at the Hazard of all other Events.
'This must convince the World of your Majesty's paternal Care and tender Regard for your British Dominions,
when we see all former Treaties made in Favour of our
Trade and Commerce; and for the Security of the Rights,
Privileges, and Possessions belonging to your Majesty renew'd and confirm'd; when we see the Crown of Spain
under new and fresh Obligations to your Majesty, not only
to permit to your Subjects a free and uninterrupted Exercise of their Trade and Commerce for the future, but to
make just and ample Restitution and Reparation for all former unlawful Seizures and Depredations.
'The Extension of former Engagements, without any material Alterations in the principal Articles from the Purport and Intentions of former Treaties, in order to obtain
these great and truly valuable Advantages, without one
Concession made to the Prejudice of your Majesty or your
Subjects, is a Consideration, that to reject, had been losing
the fairest Opportunity to recover the ancient Freedom and
Liberty of Trade and Commerce to these Kingdoms; and
not faithfully to fulfil and execute what is stipulated on
your Majesty's part to secure a reciprocal Performance from
your Majesty's Allies, of the Engagements they have enter'd into, would be abandoning the particular Interests and
Properties of your Majesty's trading Subjects; and to expose the Trade and Commerce of this Nation to all the
Hazards and Uncertainties, which they have so long labour'd
under.
'These Blessings, secured to us, will sufficiently compensate all Inconveniencies that can attend the Performance
of your Majesty's Engagements: And as it is justly to be
presumed, that a general Pacification and Tranquility in
Europe will be the Consequence of the present Treaty,
the Prospect of seeing this soon compleat and perfected
adds greatly to our Satisfaction.
'But if, contrary to Expectation, and in Resentment to
your Majesty's just and prudent Measures, any new Troubles
should be raised in Europe, to oppose or disappoint the
Execution of the present Engagements, we think ourselves
obliged by the strongest Ties of Duty, Affection, and Gratitude, to assure your Majesty, that we will stand by and
support your Majesty against all Insults and Indignities that
shall be offer'd to your Majesty, and that we will enable
you to make good your Engagements with your Allies.
'The immediate Reduction of so considerable a Part of
your Forces by Sea and Land, upon the first Notice of the
Confirmation of the Peace, is another Instance of your
Majesty's Care and Attention to the Ease and Welfare of
your People; and the recommending to our Consideration
the State of the Sinking Fund, in so gracious and condescending a Manner, obliges us to proceed with all possible
Caution and Prudence in an Affair of that Nicety and
Importance, where the earliest Discharge of the National
Debt on one Hand, and the Hardships of the poor Artisicers and Manufacturers on the other, require the greatest
Regard, and deserve the most mature Deliberation.
'From a due Sense of these many Proofs of your Majesty's unwearied Endeavours to consult the Happiness of
your People, we think ourselves obliged to assure your Majesty, that this House will, by the best and most easy Methods, effectually raise the necessary Supplies for the Service
of the current Year; and by a proper Zeal and Concern
for the Honour of your Majesty, the publick Tranquility,
and the Good of your People, defeat the vain Expectations
of such ill-designing Persons, who may flatter themselves
with the Hopes of being able, by groundless Insinuations,
Cavils, and Clamours, to shake the Steadiness of those
Powers who are already Allies to your Majesty, or to hinder others from becoming so.'
To the above Address, his Majesty gave this Answer.
The King's Answer thereto.
Gentlemen,
I Return you my Thanks for this very affectionate and
loyal Address. The Assurances you have given me,
and the Support of my Parliament in enabling me to make
good my Engagements with my Allies, will, I promise
myself, greatly contribute towards settling the general Pacification of Europe.
"You may be assured, that the Considence you repose in
me shall never be made use of, but for preserving the publick Tranquility, for maintaining the Rights and Interests
of my People, and in Vindication of my Honour and
Dignity."
Debate concerning the Number of Land-Forces.
Jan. 28. The Commons, in a Grand Committee on the
Supply, took into Consideration the Charge of the Land-Forces for the Service of the Year 1730, and Mr Henry
Pelham (fn. 1) mov'd, That the Number of effective Men for
Guards and Garrisons in Great Britain, Jersey and Guernsey,
with 1850 Invalids and 555 Men, for the fix Independent
Companies in the Highlands, be 17,709 Men, Commission
and Non-Commission Officers included. This Motion was
seconded by Sir William Yonge, but was oppos'd by Mr Pulteney, and Lord Morpeth, who were for reducing the Number to 12,000 Men, Mr Pelham in Support of his Motion,
having urg'd, 'That every Reduction, which hath been made
within these fifteen Years, has been attended with some ill
Consequence or other, which soon after forc'd us upon a
more considerable Expence; and that it would be necessary
to continue that Number, if they consulted the Preservation
of the Government itself; Mr Shippen hereupon stood up,
and spoke as follows;
Mr Speaker,
'After the Debates we have had on this Subject for many
Years successively, it is hardly possible to offer any Thing
new; and Repetition, if I may judge by myself, is as disagreeable to those that speak, as it can be to those that
hear. However, a total Silence at this time would misbecome me, who too often trouble you on Occasions of
less Importance, when you are going to put a Question,
that tends directly towards the Establishment of an Army
in Great Britain, which I hope will never be so far Germanized, as tamely to submit to a Military Government.
'I will not insinuate, that the honourable Person, who
made the Motion, did it rather to comply with the Obligations of his Office, from whence the Army-Estimates
are brought into the House, than out of any Conviction
that the Troops demanded are necessary for the Service of
the Year, because he declares otherwise: And as we are
all supposed to act here without Influence, so we must not
suspect, that he ever countenanced those almost irresistible
Jobbs, which my new Ally on the Floor [Mr W. P. (fn. 2) ]
owns attended the War-Office in his Time, and which he
believes now attend all Offices concerned in the Publick
Expences. But I will insist, that this Motion is a flat Negative to the Address, for which he voted the first Day
of the Session; and it plainly implies a Distrust of the Validity of the Treaty of Seville, which he then assured us
would immediately produce all the Blessings of an absolute
Peace, and deliver us not only from the Apprehensions,
but from the Inconveniencies, of a War. Now he is pleased
to change his Language, and endeavour to persuade us,
that we ought not to make any Reduction of our Land
Forces; because our Circumstances have been such for
sixteen Years past, that, whenever any Reduction has been
made, something happened which soon occasioned an Increase of Troops and Expences.
'If we were to allow him this last Sort of Reasoning, in
opposition to his former, it would prove too much; it
would prove, that we have no other Cause to rejoice at
the late Reduction, for which we have humbly thank'd
his Majesty, than that it was so small; it would prove,
that, notwithstanding our famous and successful Negotiations, we are like to remain in the same Condition, and
under the same Difficulties, we have been for sixteen Years
together. But to pass over these Remarks, the late Reduction was very fallacious, and looked as if those, who
had the Direction of it, were not heartily inclined to get
rid of our growing military Power, or to return to the
free Exercise of our Civil Government. Nay, we have
just heard it laid down for Doctrine, that tho' our Government is not military, tho' an Army is not Part of our
Constitution, yet is will be necessary to continue our present Army of near 18,000 Men for many Years longer, on
account of the Government's consulting its own Preservation.
'Sir, the Principle of Self-Preservation will last as long as
Persons and Governments themselves subsist, and is an Argument that may be constantly renewed; that may be urged
ad infinitum. But I am so far from admitting this Argument in its full Extent, that I cannot admit it in any Degree, as applied to the present Question. For it does not appear to me, that we can have Occasion, even this Year, for
all the Troops demanded, considering the glorious Scene of
Affairs, which the honourable Gentleman says is opened to
us, and to all Europe: They are not necessary, I suppose,
to awe Spain into a firm Adherence to its own Treaty:
They are not necessary, to force the Emperor into an immediate Accession: Nor are they, in any sort, necessary,
for the Safety of his Majesty's Person and Government.
'Force and Violence are the Resort of Usurpers and Tyrants only. — I perceive some Gentlemen take Offence at
my Words, and therefore, that they may not be misconstrued, I will repeat them. — I assert then, it is a grounded Maxim in Civil Science, that Force and Violence are
the Resort of Usurpers and Tyrants only; because they
are, with good Reason, distrustful of the People, whom
they oppress; and because they have no other Security
for the Continuance of their unlawful and unnatural Dominion, than what depends entirely on the Strength of their
Armies.
'But it is the peculiar Happiness and Glory of Great
Britain to be bless'd with a Prince, who wants no such
Support; who reigns absolute in the Hearts of his Subjects;
who prefers their Ease and Interest to the Lustre and Grandeur of his Crown; who sets them a Pattern of Prudence
and Wisdom; whose Royal Goodness would be offended
with continuing any Tax, or any Burthen upon them, but
what is requisite to supply the immediate Occasions and
Necessities of his Government.
'For these Reasons, Sir, I cannot assent to the Question.
But, before I conclude, give me leave to say, there is an
Article in the Estimate, under your Consideration, which
I readily allow, in the midst of all my Frugality; tho' I
must at the same Time own, with those Gentlemen who
dispute it, that it is a new Item, and an additional Article
to the Estimate of the last Year, I mean the Salary of
200 l. for the Physician of the Tower: For no Person,
who shall hereafter have the Misfortune to be confined there,
on any Account whatsoever, should want proper Assistance in
case of Sickness. Members of this House have been frequently sent thither, and for very different Reasons. Some
for speaking freely, [See Vol. I. p. 161.] others for acting
corruptly. Now, as it is uncertain of what Denomination
the Member, or any other Gentleman may be, who shall
next be committed to that State-Prison, let us give an Instance of our general Companion, and not grudge so tristing
a Sum for so charitable a Purpose.'
After this the Question being put on Mr Pelham's Motion,
it was carried in the Affirmative; and it was farther resolv'd,
That the Sum of 723,032 l. be granted for the Charge of the
said 17,709 Men.
Debate concerning a Bill to prohibit any Persons in Great Britain from lending Money to any foreign Prince, without Licence from the King.
Feb. 24. A Bill, To prevent any Persons, his Majesty's
Subjects, or residing within this Kingdom; to advance any
Sum of Money to any Foreign Prince, State, or Potentate,
without having obtained Licence from his Majesty, under his
Privy Seal, or some greater Authority, was read a second
Time, in which, inter alia, was the following Clause, viz.
'That the King be empower'd by Proclamation, which shall
take Place within a limited Time, to prohibit all such
Loans of Money, Jewels or Bullion; and this Prohibition
to continue a limited Time, under limited Forfeitures and
Penalties, unless dispens'd with by the Crown; that the
Attorney General be empower'd by English Bill in the
Court of Exchequer, to compel the effectual Discovery on
Oath of any such Loans, and that in Default of an Answer
to any such Bill, the Court shall decree a limited Sum
against the Defendent, refusing to answer. Probided
that this Act do not extend to prohibit any Subscriptions
to the Publick Funds or Trading Companies of Foreign
Kingdoms.'
Hereupon Sir Robert Walpole stood up, and endeavour'd
to shew that such a Bill was always right and necessary; that
all possible Care had been taken in drawing this Bill to
obviate every Objection, to avoid every Inconvenience; that
as to any Exception which Gentlemen possibly might make
to the Frame of it as it now stands, he conceived they would
properly come under Consideration when the Bill was committed; that any reasonable Alterations might be regularly
offered and agreed to in such a Committee; and therefore
he mov'd, 'That the Bill might be committed to a Committee of the whole House, on the 4th of March.' But this
was oppos'd by Mr Daniel Pulteney, who declar'd, 'That
this being the second Time of reading this Bill, he thought
it was proper to give his Opinion; and that after having
consider'd it fully, he neither approved it on the whole or
in any part, for it would entirely prove ineffectual to all the
Purposes proposed; it could not possibly answer good Ends,
and it would certainly produce very bad ones; he thought
it would be a Restraint upon Commerce, a Restraint of a
dangerous Nature; he had heard all the Merchants in general complain of its Tendency, and he wish'd they might not
feel it in a very grievous Manner: That by denying this
Liberty to all the People of England, by restraining all Loans
or Assistance of Money to Princes and Powers abroad, we
made Holland the Market of Europe and the Mart of Money
to the Nations of the Continent: That this was unjust and
imprudent in us, when our Subjects had Money to trade
with as well as their Neighbours; when his Majesty's Subjects might make an Advantage even of his very Enemies,
were it not for this ill judged Prohibition: That our Neighbours the Dutch would rejoice at such a Procedure; they
would certainly make this most fortunate Accident as beneficial as it could be to their People: That the contrary could
not be expected, for not only the late Wars of Europe evince
that the greatest of Dangers, the most formidable Enemies,
could not be so terrifying as to prevent them from lending
their Money to their private Advantage; but that even in
their ancient War with Spain, a War wherein they were
treated not only as Enemies but Rebels, and had they been
conquer'd, they must have been Slaves to the Victor, they
must have submitted to Popery and Chains; yet their Merchants assisted the Spaniards, even in that most hazardous
Juncture, with Money, with Arms and Ammunition; nor
could we suppose they would scruple to furnish the Emperor
also with the very same Assistance, whenever he ask'd it,
as had always been practis'd since the first Foundation of that
wise Republick.' He added, 'That this Bill was a general
Prohibition, extending to all Princes, States, or Potentates
whatever: That thus we were wholly disabled to assist the
best Allies, the truest Friends, and those who really well deserved our Aid: That he was credibly informed, that the King
of Portugal, to whom we could have no Exception, very frequently borrow'd Money of our Merchants residing within
his Dominions; and that it could not be denied him, without
disobliging a Prince on whose Favour our Commerce depends,
nay, exposing it to his severest Displeasure: That should a
Proclamation issue here, the British Subjects who reside in
Portugal, or more remote Dominions, may contract for Loans,
tho' liable to Penalties, of which they may be wholly unapprized: That he had therefore the most powerful Motives
to throw out the Bill, because it prevented the People of
England from aiding their Friends and Allies; but what
was more it might involve many innocent Persons in unavoidable Guilt, and expose them to the heavy Pains of
unknown Crimes. But his principal Objection to this Bill
was the Power of Licensing reserved thereby to the Crown:
That he believed it a Power the King would apply to
the Welfare and Advantage of the People, therefore he
was not against it, as a Power in the Hands of the King;
but he knew it would be influenced by an Administration;
that whenever these Licences issued, it must be thro' the
Hands of the Ministers; and whilst such a Prohibition continued, he knew not but the Licensing-Trade might become a
new Branch of their Business, and a managing Minister might
make it, by tolerable Husbandry, an Article of 20, 30, or
40,000 l. a Year; and that therefore they might easily see
it was not for the Honour of the King, or the Interest of
his Subjects, that any such Bill was contriv'd, but that it was
wholly design'd for creating of profitable Jobbs, and making
a Market of the Merchants. That he opposed this Bill,
because it made the Court of Exchequer a Court of Inquisition: That it gave new, great, and extraordinary Powers to
the Crown, already arm'd, in his Opinion, with weighty and
terrible Authority: That whilst it restrained our Merchants
from assisting the Princes and Powers of Europe, it permitted
our Stock-Jobbers to trade in their Funds without any Interruption: That he knew for whose Benefit, this Complaisance was design'd, but that Jobbing Abroad, in the Stocks
of Foreign Nations, was what we should least encourage,
and what we ought most to prohibit; for we have suffer'd
severely by that Means already, and our Ministry would
never give us Relief or Assistance; and thus our People, when
they trusted their Money with our faithful Allies the French,
in the Affair of the Mississipi, were ruin'd and betray'd by
their Edicts of State, and had nothing but Paper for Specie:
That notwithstanding this most shameful Treachery, this
great Injustice and Violation of the Laws of Nations, the
Ministry never interposed with the least good Office for their
suffering Fellow-Subjects, who have irrecoverably lost the
Money they unhappily advanc'd in those fatal, those faithless
Schemes.
Mr Pulteney having done speaking, Sir Robert Walpole
replied, 'That he thought those Objections more proper for
the Consideration of the House, in a Committee of the
whole House, where every Paragraph would be debated;
where every Member might reply as often as Occasion required, and fully pursue the Inquiry: That he did not desire
this Bill for any Advantage to himself, for any Accession of
extraordinary Powers to the Crown, or for any Thing else,
but the pressing Occasion, the apparent Necessity of this important Conjuncture: That if this Bill was committed, he
would heartily concur in every Amendment that could be
with Reason propos'd: That he would freely consent the
Committee should make it a temporary Law, should enact it
for a short Duration, and limit the Continuance for a very
small Space of Time: That the honourable Member, who
spoke last, had departed from the Question before them; had
opened a Charge against France, and had brought in the old
Mississipi Affair, in debating a particular Bill on an Argument
about lending Money: That he thought it a weak Reasoning,
that we should not do ourselves Justice in this Point, because that
our Neighbours had treated us ill in another; and because
that the French had not yielded us all we could wish for,
that therefore the Parliament should not in this Case do all
that they ought.' He added, 'Why was not this Matter laid
open in the Committee on the State of the Nation, but that
this was an Objection indeed to the French, like all other
Complaints against France; it was raised on occasion of proper Precautions to prevent a War with the Emperor: That
he was fully convinc'd, this Bill was a Matter of great Importance and Necessity: That he had been so tender in this
Argument, that he had not even said what he was authoriz'd
to say; he had meant no Aspersions or Reflections on any
Gentlemen; he was willing that this and all other Debates
should be manag'd with Decency and Candour: But since
that these Things had thus passed, he was thereby provok'd
to declare, what he knew, what he had the King's Leave to
declare, and what would effectually silence the Debate; that
he was very much inclin'd to say it, he would say it, if the
Gentlemen required it; [Here several Members call'd out for
this Affair] he would say it before he sat down: This Bill
was not drawn or promoted from any other View than its
great Necessity, its being now absolutely expedient to the
Peace of Europe, and the general Repose of Mankind; for he
could say it, he had the King's Leave to declare it; viz. That
there was at this Time a Subscription transacted for the Service
of the Emperor, and Money was raising for his Use, no less than
the Sum of 400,000 l.' He added, 'That this Bill could not
possibly be a Restraint upon Trade, or a Grievance to the
Merchants in any one lawful Point of Commerce: That the
View of this Bill having been to prohibit such Loans and
Assistance to the Emperor, who could not march his Armies,
or cloath his Troops without Supplies of Money, it was not
just or reasonable, he should have Assistance from us; from
that Nation against which he was forming a War, and projecting future Disturbances; could the Emperor maintain the
Soldiers he had in his Troops, and the numerous Forces he
quarter'd upon his own People; or could he bring them into the
Field, without Treasure to pay the Expence; and now when,
by Treaties with Spain, that Prince was deprived of those
Subsidies and that Assistance, which once made him dangerous to us; when thus he is happily cut off from all Communications with these Countries, from whence his Treasure
used to flow, shall the People of England assist him themselves
with Supplies? Shell they arm an Enemy with Strength,
which his best Ally denies? And the British Merchants lend
their Money to a Prince against the British Nation? If this
should be done in the Time of Hostilities, and after the Commencement of a War, it would be High Treason by Law;
for to aid, abet, or assist a Foreign Power at War with the
King, is expresly declared in the Statute of High Treason:
And shall the Merchants be allow'd to enable a Prince to become our Enemy, whom it is even High Treason to aid
when an Enemy? shall it be allow'd with Impunity to aid the
Emperor to march his Troops and yet open Rebellion to
assist the Emperor whilst those Troops were marching?
Must the Quiet of the whole World be a Victim to the Avarice of Men, who would make an inglorious Advantage of
their Money? Must Men be indulged in those Dealings
which bear such Analogy even to High Treason, only for
the Sake of Self-Interest?' He added, 'It was Compassion and
Humanity, to ignorant unwary Men, which led him to bring
in this Bill; for in case of a War with the Emperor, Merchants might transact with his Imperial Majesty for Loans
before it broke out, and when their Second Payments became
due, it would be within the Statute should they make them
good; so that such a Proclamation would warn them of approaching Dangers: It would give them due Notice of a Rupture, and prevent them incurring the unforeseen Pains of Capital Crimes, by coveting such a Premium and Interest.' He
own'd, 'That many Difficulties had occurr'd to him, and
the Gentlemen order'd to bring in this Bill: That he was
sorry to be sensible, that it could not be so effectual as many
might wish, and himself had most heartily desired; but was
this an Argument to a House of Commons against a Bill
for such important Ends, that because they could not do all that
they would, therefore they must not do all that they could?
if their Power could not wholly prevent those Practices, must
they not exert the utmost of their Power? if they had not
an absolute Redress for the Evil, must they not find out all
possible Redress? and because they could not shut up all the
Avenues of Assistance, therefore must they leave all open?'
He added, 'That it was no Objection to the Bill before them,
that any Prince, State, or Potentate, was equally intended with
the Emperor; for that the End of it was to prevent a War
with that Prince, and to name him in this Case distinct from
all others would amount to a full Declaration of War; besides, one Prince might borrow Money for another, and elude
the Import of the Law: That as to the King of Portugal, or
any other Prince in Alliance with the Crown of Great-Britain, his Majesty would readily grant his Allowance for
Loans to so good an Ally: That however, this Law would not
have an Effect, but in case of apparent Necessity; if the
Emperor gave his Majesty Reason to oppose his Intentions, it
might produce a future Proclamation; yet this was eventual,
it might be, or it might not be: And if it ever should happen, no Subjects of Britain, no Merchants Abroad could offend through Ignorance of such a Proclamation; for the Bill
was drawn with a Blank, to be fill'd with a proper Limitation
of Time, before the Law should take Place, or the Prohibition hold good; and the Limitation might be very large and
extensive, that Merchants Abroad might be duly inform'd of
the Terms which the Law had enjoin'd.' He said, 'That
it was the proper Policy of Nations, the reasonable Authority vested in the Councils of a Country, to use such Precautions and lay such Prohibitions, on an Appearance of Danger,
although not discern'd by the People: That the Reason of
this was, because they had early and secret Intelligence not
proper for the Publick View when immediatly received, yet
highly expedient to be observ'd: That as to the Indulgence
allow'd to those Persons who traded in the Funds Abroad, or
trusted their Money in Foreign Companies, it was reasonable
and proper, because many Persons thought those a good Security for their Fortunes: That many of the British Merchants in
other Countries had no better Employment for Cash in their
Hands; and it would occasion great Confusion to include those
Cases in this Prohibition, neither indeed did they any ways
relate to this Case; for tho' Money might be lent to the Emperor by private Persons, he would never have Aids from the
Publick Companies Abroad.' He own'd, 'That he was not
so conversant in the Laws as some Gentlemen were, who
could justly support this Bill in its Provision for a proper
Discovery of Evidence by Precedents; he was a Stranger to
that; but he himself remember'd the Act to prevent the Subjects of Great-Britain from trading in the Ostend Company, and
that there the same Method of Discovery was provided; and
should not the Publick detect such a criminal Commerce with
a powerful and national Enemy, when they were allow'd it
against a little interloping Company? It was far from setting
up a Court of Inquisition, it was far from laying Hardships
or Severities on any Man; but it was for the Prevention of
fraudulent Dealings and conceal'd Transactions; and it involv'd
the Party in no other Penalty than one, which he could not
incur but thro' conscious Guilt, which he might easily avoid
by purging himself of the Crime; and that this Penalty was
still in the Judgment of the House to be limited by their
Authority, having no other End than to be such a Tax upon
Loans, as might make it unprofitable to advance them for the
highest Premiums or Interest.' He also observ'd, 'That the
Proclamation provided in the Bill, was the same as by Law
had been usual in the case of Quarentine in the Apprehensions of a Pestilence, and as a Prevention of any contagious
Distempers; he thought it a reasonable Remedy on all such
Appearances of Danger; it would not be made use of unless
such Grievances happen'd; and if they did happen, he
thought they deserv'd a Redress: He therefore insisted on
committing this Bill, as highly expedient and necessary.'
Sir Robert Walpole having ended, Mr Wortley Montague
said, 'That he had a Point of Order to debate: That that
honourable Member had brought in the Name of the King
to influence their Considerations contrary to a standing Rule
of the House: And that it was never allow'd that the Name of
the King should ever be used upon any Occasion to awe their
Proceedings, or to over-bear their Debates: That if that
honourable Member had been properly careful of his Majesty's Honour, he would not have mention'd his Name at
that Rate; he would have inform'd them of the Evidence
they had, and regularly brought it before them in the present
Inquiry: That whatever that Evidence might be, he suppos'd it must come from Foreign Ministers, and he thought
the House ought to have it open'd in a proper Parliamentary
Way.' He added, 'That his Opinion was against the Bill,
for he thought it restrain'd our Commerce, and we might as
well prohibit all Commerce.' To this Sir Robert Walpole
replied,' That the Manner of his Declaration had been very
much mistaken, in asserting that what he had said was Unparliamentary, for he well knew and duly observ'd the Orders of
the House: That he had not brought in the Name of the
King to influence Gentlemen, or to over-bear the Debates:
That he had mention'd the positive Assurances which were
receive'd, not as a Message from the King, but by his Majesty's Leave; not by his Command, but only by his Permission; that the Station he was in oblig'd him to ask that
Permission, because that by his Oath he was oblig'd to keep
the King's Council secret, and therefore he ask'd this Allowance from his Majesty Yesterday Morning, apprehending the
Debate of this Day would require him to mention it, and he
had offer'd it to prove the Importance of the Bill now before
them.
Mr Gould said, 'He was a Merchant himself; that he could
make it appear to the House, the Emperor's Agents had been
in Change-Alley; that he knew a particular Jew, who had
been apply'd to for 30,000 l. and others for very large Sums,
but refused to advance them, as fearing it would draw the
Displeasure of the Government upon them: That he thought
the Bill a good Bill, and all reasonable Licences might be
obtain'd, whenever they might answer an innocent Purpose;
nay, he thought they ought to be granted when apply'd for,
without any Charge to the Merchants; which Sir Robert
Walpole agreed to. Hereupon Mr. Walter Plomer said, 'That
he would not oppose the Design of this Bill; he would never
oppose whatever might strengthen his Majesty's Hands, he
never did nor ever would appear in any such Cause: But if
this must be done, why was it to be effected by a Proclamation? why were the Ministry to be Judges in this Case? let
the House determine the Fitness of the Affair, let them enact
the Prohibition, let them alone have the absolute Direction,
and then he had nothing to offer against such a Bill.' To this
Mr Henry Pelham reply'd, 'That that Gentleman misunderstood them, if he imagin'd that he or the Persons employ'd
to prepare and bring in that Bill, intended to make any
Ministers Judges where the House might much better decide; but it was a Tenderness to the People, that made them
provide a Proclamation; they hoped this Affair might even
yet be adjusted without a Prohibition; but if the House
would not have it eventual, if they would have it immediately, he should not stand in Opposition to any such Demand.'
Then Mr Barnard declared himself against the Bill. He said,
'That he thought it a Restraint upon Commerce, that could
not be justify'd, and such Restraints had ever been prejudicial to ourselves; That he remember'd a Bill of this Sort
against Sweden, to prohibit all Commerce with that Kingdom, [See Vol. I. p. 179] yet the Consequence was, that we
were forced to enable our Merchants to carry it on in Dutch
Bottoms, which render'd the Prohibition useless, as well as
burthensome, before we took it off: That he thought if the
Dutch could assist their Enemies the Spaniards in a War,
where Rebellion was the Quarrel, and the Crown of Spain
claimed all the People as its natural born Subjects, they
would surely lend Money to the Emperor when he apply'd
for Assistance. He added, 'That the Argument used about
Merchants incurring High Treason for their Second Payments was very absurd, for no Men in the World would
contract for Loans on such Terms or make them good. 'He
insisted,' That they should name the Emperor expresly, and
not make a great Prohibition to affect the whole World
as if we were at War with all. He said, 'That however the
Practice might obtain of Licensing Loans to his Majesty of
Portugal, or to any of our good Allies, that this would be of
no Service to our Merchants, who would lose the Advantage
of lending their Money, because other Nations could furnish
such Loans with more Readiness; and whilst ours were applying for Permissions to the Crown, the others would advance such Assistances in the mean Time, and supplant our
People in all their Money-Dealings. He likewise declared
against making the Court of Exchequer a Court of Inquisition; he conceived it unknown to the Laws; nay, odious to
the Constitution, that Men should be obliged to accuse themselves, and thereby incur the worst of Penalties; he knew
not what Precedents might be furnish'd; he believ'd that they
could easily find Precedents for any Thing: But he thought the
Liberties of his Country much more weighty with him than
any Precedents whatever; and he would never consent to a
Bill, which he thought a Violation of our Fundamental Laws,
a Breach of our dearest Liberties, and a very terrible Hardship on Mankind.' To this Sir Philip Yorke said, 'That himself and the Gentlemen honoured by the House with their
Commands to bring in the Bill, had considered the Dutch
and the English Merchants as two different Resorts, where
the Emperor might apply for Assistance; that if one Shop
was shut up, he had one the less to make use of; and even
the other, if our true and faithful Ally, and govern'd by
Reason and right Policy, not under extraordinary Influence,
might also be prevailed on to stop this Assistance of Money,
and yield a private Interest to the common Cause of
Europe; he thought they were very well justify'd in drawing this Bill, not only from Reason and the Fitness of Things,
but from the Common Law of the Kingdom; That the
King had a lawful Prerogative to recall his Subjects by Proclamation from the Service of Foreign States, and should he
not also have Power to prohibit them from lending their
Money, which might be more useful and dangerous than even
the Service of their Persons: That in Ireland the Parliament
had made it High Treason, to enlist Men for Foreign Service without Licence obtained from the Crown; and surely
a Restraint upon Money, the Sinews of War, was highly expedient any where; That this Law was intended only as a
temporary Restraint, a present Remedy apply'd to an approaching Evil, and not to be establish'd in Perpetuity.' He
observed, 'That the Clause for discovering Evidence, by
English Bill in the Court of Exchequer, was the only Me
thod to make this Law effectual; for such a Transaction, as
lending of Money in this Manner, would always be done in a
very concealed, a very clandestine Way: That if they did
not pass this Clause, they might justly throw out the whole
Bill, for there would be no Evidence ever to support its Design: That many such Laws had provided such Methods of
Discovery; that memorable Law, among others, which punish'd
the South-Sea Directors, made it Felony to refuse answering
or to demur to a Bill for Discovery of Concealments; and yet
if they did discover a Concealment, the very Answer was
good in Evidence against them, and the Concealment was Felony; but here was a limited Sum, and no other Penalty
could be the Consequence, attending conscious Guilt upon
such a Bill of Discovery: That by the Construction of a
Court of Equity, such a Bill of Discovery would have been
allow'd, if this Clause had not been inserted: That the Barons
of the Exchequer had maintain'd the Legality of Suits, to
discover Frauds and Misdemeanors relating to the Revenue;
nor could they deny that this was as just by Parity of Reasoning; tho' if the House should throw out this Clause, it might
make the Judges unwilling to supply it by such a Construction;
and therefore he hoped they would not throw it out. Hereupon Sir William Wyndham said, 'That he hoped when this
Bill was committed they would make it a reasonable Bill:
That the honourable Member, who spoke last, had mentioned
a possible Case, that the Dutch would shut up their Shop to
the Emperor; and such a bare Possibility it was, that no Man
could think it a common Probability: That in the late Wars
with France, we drew them into a Bargain, and paid them a
Price to discontinue their Trade with the French, which
they did for one Year only, but took our Money for two or
three more, and when required to follow the Tenor of their
Contract, they declared they neither could nor would do any
such Thing: That therefore we could not imagine the Dutch
would refuse to lend their Money to the Emperor now, any
more than to trade with the French in the Queen's War:
That he looked on all these Restraints upon Liberty, as unjustisiable Powers in the Hands of a Ministry: And that to
argue from any Suspension of the Habeas Corpus Act, to the
Suspension of Trade, was to argue from one Evil to another:
That he was also against the Practice of an English Bill in the
Exchequer, to discover Evidence; That he had heard the
South-Sea Act mention'd, but tho' it was a Law, and therefore to be tenderly us'd, he was no more convinc'd of the
Justice of that than he was of this: And that he found from
some Passages in this Debate, that because we stood in
fear of a War with the Emperor, therefore the Nation must
bear whatever the French should impose.
Mr Danvers said, 'That this was a Bill of Terrors; and
that tho' a temporal Act, it would be an eternal Yoke on
them and their Fellow Subjects: That since the honourable
Member in the Administration had open'd secret Intelligence,
they should also know what he knew of this Matter: That
the Emperor had deposited Jewels in Holland, as a Security
for the Sum of 400,000 l. and that he himself had Money to
lend, and he did not know any Cause why he and other
People might not make an advantageous Bargain, as well as
their Neighbours the Dutch.' To this Mr Fane (fn. 3) Member
for Taunton, reply'd, 'That indeed it was a Bill of Terrors,
and he hop'd it would prove so to all the King's Enemies, the
Foes to the Peace of Great Britain; but that the Terror of
our Enemies would be the Delight of our Friends;' and
added, 'That that Gentleman was misinform'd, for the Emperor had no Jewels to mortgage, but the Revenues of his
Hereditary Countries.
Then the Question being put, it was carry'd without any
Division, that the said Bill be committed to a Committee of
the whole House: It afterwards pass'd into a Law.
May. 15. The King came to the House of Lords, and the
Commons attending, his Majesty made the following Speech
to both Houses.
King's Speech at putting an End to the Third Session.
My Lords and Gentlemen,
The Season of the Year, and the Dispatch you have
given to the Publick Business, make it proper for me
to put an End to this Session; and I make no doubt, but
the Conduct and Behaviour of this Parliament, as it has
answer'd my Expectations, will be equally satisfactory to
all my good and faithful Subjects.
"The Support you have given me, in enabling me so
effectually to make good my Engagements with my Allies, will, I persuade myself, have the desired Effect; and
when it shall be seen, that the Allies of the Treaty of Seville are not only determined, but in a Readiness, to execute
their mutual Engagements, it is very much to be hoped,
that a general Pacification will be the happy Consequence
of this just and powerful Alliance.
Gentlemen of the House of Commons,
"I give you my Thanks in particular for the Supplies
you have raised for the Service of the current Year. It
is a great Satisfaction to me, that you have had such a due
Regard for the Ease of your Fellow-Subjects, whose Welfare and Prosperity it shall always be my principal Care and
Study to advance and promote.
My Lords and Gentlemen,
"I am very glad, that, for the general Satisfaction, you
entered into a particular Consideration of the State of the
Nation; and it is a great Happiness to see, after so many
unjust and unreasonable. Clamours raised with all possible
Art, Industry, and Malice, that, upon mature Deliberation
and the most solemn Debates, you were so far from finding any Thing worthy of Blame or Censure, that all Matters which came under your Consideration, met with your
Approbation.
"This must give all Mankind a just Detestation of those
Incendiaries, who, from a Spirit of Envy and Discontent,
continually labour, by scandalous Libels, to alienate the
Affections of my People, and to fill their Minds with
groundless Jealousies and unjust Complaints, in Dishonour
of me and my Government, and Defiance of the Sense of
both Houses of Parliament.
"But I must rely upon your Prudence, and your Concern
for the Peace and Happiness of your Country, to discountenance all such seditious Practices, and to make my People
sensible, that these wicked Proceedings can have no other
View or End, but to create Confusion and Distraction
among us.
The Parliament prorogued.
Then the Lord Chancellor, by his Majesty's Command,
prorogued the Parliament to the 14th of July: They were
afterwards farther prorogued to the 21st of January.