DIE Lunæ, 25 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
|Ds. Cowper, Cancellarius.
Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Bolton, Camerarius.
Dux St. Albans.
Dux Bucks & Nor.
Viscount Say & Seale.
|Ds. Howard Eff.
Ds. North & Grey.
Ds. Berkeley Str.
D. of Rutland & al. Pet. referred to Judges.
Upon reading the Petition of John Duke of Rutland,
on the Behalf of himself and John Manners Esquire,
commonly called Marquis of Granby, his Eldest Son and
Heir Apparent, an Infant, and of Robert Lord Lexington, on the Behalf of himself and Bridget Sutton his
Daughter and only Child, an Infant; praying, "That
Leave may be given to bring in a Bill, for settling
and assuring several Estates, in the Petition mentioned,
of the said Duke, for the Benefit of the said Marquis
and the said Bridget Sutton, so as a Provision may be
made for them and the Issue of their intended Marriage; and that the Estate, in the Petition likewise
mentioned, of the said Lord Lexington, may be vested
in Trustees, to be sold; and that the Money arising by
such Sale be paid to the said Duke, as Part of the
Portion of the said Bridget Sutton:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition be, and is hereby, referred to Mr.
Justice Tracy and Mr. Justice Prat; who are forthwith
to summon all Parties concerned in the Bill; and, after
hearing them, to report to the House the State of the
Case, with their Opinion thereupon, under their Hands;
and whether all Parties that may be concerned in the
Consequences of the Bill have signed the Petition; and
also that the Judges, having perused the Bill, do sign
Mutiny, &c. Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and
And, after some Time spent therein, the House was resumed.
The House was adjourned during Pleasure, and put
into a Committee again upon the forementioned Bill.
And, after a long Time spent therein, the House was
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill;
and directed him to report the same to the House,
without any Amendment."
Ordered, That the Bill be now read the Third
The Bill was accordingly read the Third Time.
And the Question being put, "Whether this Bill
It was Resolved in the Affirmative.
Protest against it.
"1. Because no particular Reason or Occasion is so
much as suggested in this Bill, for keeping on Foot a
Standing Army, consisting of Thirty-two Thousand
Men, in this Kingdom, in Time of Peace: And therefore this Act will be a Precedent for keeping the same
Army at all Times, though this Kingdom be in Peace;
which, we think, must inevitably subvert the ancient
Constitution of this Realm, and subject the Subjects
to arbitrary Power.
"2. Because, by this Bill, the Soldiers are exempted
from being arrested, by Process of Law, at the Suit
of any Person, for recovering a just Debt, or upon
any Action whatsoever; which is a great Injustice to
the Subject; taking from them the Benefit of the
Law, for recovering their just Demands, and for obtaining Satisfaction for any Injury done them by a
Soldier, either by wounding or maiming, or wrongfully taking away his Goods: And we conceive this
will be so far from preserving good Order and Discipline in the Army, that, on the contrary, it will be
a great Encouragement to the Soldiers to live in their
Quarters in all Manner of Licentiousness, and to insult their Fellow-subjects both in their Persons and
Estates; when they know that by this Law they, are
disabled from obtaining any effectual Satisfaction from
them, by the Course of Justice, for any such Violence
or Injury: And the only Reason offered, to justify
this Exemption from Arrests, being to prevent the
taking Soldiers out of His Majesty's Service by collusive Arrests; we think the preventing such an imaginary Mischief can be no Reason to discharge the
Persons of Soldiers from being taken upon any Civil
Process, where the Cause of Action is real; which is
a Privilege only belonging to a Peer of the Realm.
"3. Because this Bill doth establish Martial Law, extending to the Life of the Offenders in Time of
Peace, which we conceive contrary to the ancient
Laws of this Kingdom; and the Soldiers are obliged
to obey the Military Orders of their Superior Officers,
under the Penalty of being sentenced by a Court
Martial to suffer Death for (fn. *) his Disobedience, and
that without any Limitation or Restriction, whether
such Orders are agreeable to the Laws of the Realm
or not; when, by the fundamental Laws thereof,
the Commands and Orders of the Crown (the Supreme Authority) are bound and restrained within
the Compass of the Law; and no Person is obliged
to obey any such Order or Command if it be illegal,
and is punishable by Law if he does, notwithstanding any such Order or Command, though from the
"Berkeley of Stratton.
Message to H. C. that the Lords have agreed to the Bill.
A Message was sent to the House of Commons, by
Sir Thomas Gery and Mr. Hiccocks:
To acquaint them, that the Lords have agreed to the
forementioned Bill, without any Amendment.
Address, for Papers concerning the Riot at Oxford.
Ordered, That an humble Address be presented to
His Majesty, humbly to desire His Majesty, "That He
would be graciously pleased to cause the proper Officers to lay before this House, the Complaints, Informations, and Depositions, relating to the Riots and
Disorders complained of, as lately committed in the
City of Oxford; together with an Account of what
Proceedings have been had thereupon."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
The House was adjourned during Pleasure, to robe.
The House was resumed.
His Majesty, being seated on His Royal Throne,
adorned with His Crown and Regal Ornaments, and
attended with His Officers of State; the Lords being
also in their Robes; commanded the Gentleman Usher of
the Black Rod to signify to the Commons, "It is His
Majesty's Pleasure, they attend Him immediately, in
Who being come, with their Speaker; the Clerk of
the Crown read the Title of the Bill to be passed, as
Mutiny Bill passed.
"An Act for punishing Mutiny and Desertion; and
for the better Payment of the Army and their
To which the Clerk Assistant (in the Absence of the
Clerk of the Parliaments) pronounced the Royal Assent,
in these Words; (videlicet,)
"Le Roy le veult."
Then His Majesty was pleased to retire.
And the Commons withdrew.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum nonum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.