AN ACCOUNT OF THE SESSIONS OF Parliament IN Ireland, 1692. LONDON, Printed for J. T. MDCXCIII. AN ACCOUNT Of the SESSIONS OF Parliament IN Ireland, 1692. THIS Kingdom having been ever since the Years 1665 without a Parliament, to the great discouragement and Prejudice of the Protestant and English Interest here: It is not to be wondered, if the first Report of a Parliament, graciously designed by their present Majesty's to be held the latter end of this Year, employed the Thoughts and Discourses of all Protestants, and filled them with desires to see so good a Design put in Execution, which was expected at the Lord Lieutenant's Arrival; his Excellency Landed on the twenty fifth day of August, and Writs were immediately issued for a Parliament to meet on the fifth of October following. Every body began then more closely to consider and Inquire, as well what could be, as what was likely to be done in this Parliament. It was not doubted, but their Majesty's Occasions in this Kingdom, wanted Supplies of Money, which People were generally and cheerfully disposed to comply with, but the Answer of one of his Excellency's Secretaries to a Member of the House of Commons a few days before the Parliament sat, was a little unaccountable; that there were no other Bills designed to be tendered to the House this Session, but only three, viz. An Act of Recognition, an Act for Confirming the Acts of Settlement and Explanation; and an Act declaring all Attainders, and other Acts of the late Pretended Parliament, void, tho' at the same time another Gentleman belonging to the Council, declared that other Bills would be then also tendered, namely, An Act for Confirming the Articles of Limrick (the first Article of which, if confirmed, would make Popery an Established Religion; and the sixth would deprive all Protestants of their Actions against the Papists, by whom they were Plundered, even while they lived in Peace with them) and also Money-Bills, a Member of the House of Commons (than present when this was openly spoken) answered, that the House would consider well of those Acts before they passed them, but the same Person replied, that it would be in vain to trouble themselves about it, assuring them they were as well Debated already as was needful; and they had nothing else to do, but to pass them; and added, that If any Scruple was made about them, there would never again be a Parliament in Ireland. These and such like Discourses common in Town, took off the pleasure and satisfaction People had in the hopes of an happy Issue of this Parliament. On Wednesday the 5th. October the Parliament being met, and the Commons sent for up to the Lords house, his Excellency was pleased to declare in his Speech; Their Majesty's Command to him of calling this Parliament immediately after his Arrival, and their goodness in restoring to this Kingdom a blessing of which it had for so many years been deprived, a Legally Constituted and Assembled Parliament, by the long Intermission of which, the English in this Kingdom had been in great danger of losing both their Religion and Liberty, and invited them with many grateful arguments to pass such Laws as might settle and secure them both for the future; concluding with a demand of a supply, and promise of representing their services well to their Majesties. The Commons being returned to their House, proceeded to choose their speaker, and several of the Members having been informed that his Excellency would be well pleased with their Choice of Sr. Richard Levinge their Majesty's Solicitor General, the House soon came to a Resolution in it, those that were proposed for it having before (at his Excellency's desire) waved their own pretensions thereto; and both they and others who have since lain under the displeasure of the Government used their utmost endeavours in the House for effecting it; so that Sr. Richard was chosen Speaker, without those heats that had been so frequent and violent in former Parliaments in Ireland. The Speaker being chosen the Members took the Oaths & subscribed the Declaration appointed by the English Act, & then adjourned to Friday the seventh, on which day his Excellency had directed them to present their Speaker, they then met, but were informed that his Excellency was indisposed, and could not come to the House of Lords; an Address therefore being made to him to know his further pleasure therein, he was pleased to appoint Monday the tenth for that purpose. The House having received this Answer, a motion was made that the Members who were returned for several places might have leave in the mean time to make their Election for which place they would serve, and that Warrants thereupon may Issue, and several Precedents in point were urged for it, but it was opposed, because the Speaker thought not fit to act before his approbation; to the delay of public business almost three days. On Monday the tenth, the Lord Lieutenant came to the House of Lords, and approved the Speaker. The Commons being returned to their House, an Address of thanks was Immediately voted to his Excellency for his Speech, and a Committee appointed to Meet the same afternoon to prepare it; and lest the time spent in preparing it should be interpreted to proceed from want of Respect, it was voted that the Members of the House that were of the Privy Council, should attend his Excellency in the afternoon, and acquaint him with the said Vote, and on Thursday following the Speaker attended by the whole House, presented the said Address. The rest of this day, and of Tuesday the 11th. was spent in determining the Choice of Members doubly Elected, in appointing Grand Committees, and in expelling a Member for betraying the Protestant and English Interest, which took up some time and debate in the House. On Wednesday 12th. besides the House receiving Petitions about undue Returns, etc. the Act of Recognition, being sent down from the Lords, was thrice read, and passed, with a Vote, that no other Bill afterward should be read more than once in a day. Thursday the 13th. was taken up partly in receiving the Submission of the forementioned expelled Member, and discharging him out of Custody; and partly in debating the Privilege of the House about Post Letters: It had been first moved on the 10th. but one of the Secretaries then acquainting the House, that his Excellency would take care to Issue an Order to the Postmaster for franking them; the Debate was let fall. And on the next day after, the House received their Letters free, having paid for them till then; but this day one of the Members informed the House, that the Order for it took place only from Tuesday the 11th. which was looked upon to make the Privilege precarious, and wholly at the Lord Lieutenants discretion; after some debate thereupon, and urging Precedents of the King's Messengers carrying the Members Letters free before the erection of the Post Office; It was voted for this and other Reasons, in order to assert the Privilege of the House, that it was their Right to have their Letters free; which Vote at the Request of some of the Members, was afterwards ordered not to be printed. On Friday and Saturday the 14th. & 15th. the House proceeded to take into Consideration that part of his Excellency's Speech, relating to a Supply for their Majesties; the first motion for it having been made, and seconded on Friday by some of them, who have since born the marks of the Governments Displeasure. One of the Secretaries laid before the House an imperfect State of the Revenue for the ensuing Year, and Copies affirmed of the Establishments Civil and Military; and informed them, that his Majesty (by reason of the wasted condition of this Kingdom) intending to remit a considerable part of the Quit and Crown Rents, a Sum of 64500 l. was necessary to supply the Deficiencies of the Revenue for a year, beginning the 25th. March, 1693. The granting of a Supply hereupon came to be fully debated; the great Poverty of the Kingdom in almost all the parts thereof, and the vast quantities of Land untenanted, and absolutely waste, and the inability of most persons to pay even the standing Revenue of the Quit Rend was represented; as likewise the great Obligations both of Duty and Gratitude which this Kingdom lay under to their Majesties, and the grateful sense which they ought to have of the vast expense of Blood and Treasure England has already been at, were recognized and urged with their due Weight. And it was Resolved, That nothing less than absolute necessity should make this Kingdom a Charge to England: Upon the whole matter, the House came to this unanimous Vote, That a Sum not exceeding 70000 l. should be given as a Supply to their Majesties. On Monday the 17th. the House received some Reports from the Committee of Privileges, concerning Burroughs newly erected by King Charles II. which never sent Members to Parliament before this Session. But this being recommitted, the House fell upon debate about another Member accused for Crimes of like nature with the former; who on Saturday following being fully heard with his Witnesses at the Bar, was also expelled. On Tuesday the 18th. part of the Establishment was read in the Committee of the whole House, for considering of the Supply, as also the remaining part thereof on the Monday following; the Exceptions made against both, were waved. At this time several Committees did with great Application inquire into the Embezelments of the forfeited Lands and Goods, which as yet had yielded nothing in proportion to what it was supposed they might. The Members very well knew, that both real and personal Estates, to a considerable value, had been seized in their Respective Counties, and were witnesses of the foul Practices that had been used in the managing and disposal of them: They knew also, that their Majesty's Revenue would be made more considerable for the future, by detecting and punishing the past Mismanagements and Frauds. And accordingly the House came to a Vote on Thursday the 20th. (Wednesday being the Monthly Fast) that it was a great breach of Trust, and a Grievance, for any entrusted with the management of their Majesty's Revenue, to take to Farm any of the forfeited Interests. Several things of this kind being proved to be done by William C— d, Esq (one of the late Commissioners of the Revenue) before the Committee of Grievances (as also great Quantities of Goods, and Stock, by him seized and unaccounted for;) he insisted on Privilege as a Member of the House of Commons of England; whereof the House being informed, thought fit to proceed only in taking Examinations touching matter of Fail; but would not oblige him to any defence after his insisting on his Privilege. The House also agreed to another Report from the said Committee, that the continuing Papists in the Army, or suffering them to have serviceable Horses or Arms, was at this juncture of dangerous Consequence to this Kingdom; and Voted an Address hereupon for Remedy thereof: And being informed that his Excellency had caused divers suspected Persons to be apprehended, and several Troops to be sent down to suppress some Irish who were out in Arms, voted their humble Thanks to be presented to him. On Friday the 21st. a Bill for confirming the Acts of Settlement and Explanation, which had been brought in on the 12th. and had been twice read, was, according to the Order of the day, debated in a Committee of the whole House; it is certain, there could hardly have come a Bill to the Commons of this Kingdom with a more welcome Title than this; four parts in five of them having Estates dependant on the Acts of Settlement, etc. and therefore it will be much wondered that it should occasion any matter of Debate to them; but upon considering thereof, they could not find one line in the whole Bill, which they could allow of, neither was there one word offered in defence thereof; but they declared it to be a Bill of such pernicious Contexture as instead of confirming, it would have unsettled the greatest part of the Estates of this Kingdom; and several of the Members could not avoid being possessed with Jealousies, that such a Bill should be tendered them. On Saturday the 22d. the Lord Lieutenant signified in a Message to the House, that this Session would not continue above a fortnight longer, and therefore recommended the speedy Proceeding on such Bills as were, or should be brought before them; upon which they voted, that no more private Petitions should be received. On Monday the 24th. a Bill (which had been brought in on the 18th.) for declaring all Attainders, and other Acts made in the late pretended Parliament void, was read the first time; the Title of this was no less specious, than that for confirming the Act of Settlement, etc. but the House found it for their Majesty's Service, and the Honour of the Protestants of Ireland, to preserve the Records of the Irish Barbarity; which they could not do without rejecting this Bill, because it required the said Records to be taken off the File. Then they proceeded in a Committee of the whole House, to consider of ways to raise the Sum voted for a Supply. Two Money Bills had been sent to the House on Saturday the 22d. which were transmitted from England under the Great Seal there; the Constitution of this Kingdom (since poinding's Act, 10th. H. 7.) requiring, that all Bills should be so transmitted before they are passed into Laws here. One of those Bills was for an Additional Excise; and the other for a Tax upon Corn: These were ordered by the House to be laid on the Table, and not to be read till some Expedient might be found, for a Difficulty that arose upon the bringing in these Bills. It has always been conceived the Original Right of the Commons, that Money Bills should take their Rise in their House, & that as well the Quantum, as the method of raising it, should be determined by them; the House looked upon this to be their inherent Fundamental Right, and that the same was not taken away by any Act of Parliament in this Kingdom; as in reason they thought none could be so good Judges of the properest and easiest way of taxing the Subject, as they, and even since poinding's Act, those Rights of the House are found Asserted in the Journals, on the bringing in of Money Bills, whereof they did not prepare the Heads, and it is found to be a standing Order in the said Journals, That no Bill to Tax the Subject be brought into the House without leave of the House first obtained. But the House considering, that their Majesty's Occasions required an immediate Supply, and that probably, there might not be time allowed during this Session, for Bills of their own preparing to be returned from England, according to Form, they were necessitated to consider how to reconcile these points. The first Expedient thought on was this, The Additional Excise Bill, of the two, seemed most consistent with the State of this Kingdom to be passed into an Act; though the House observed several Matters of just Exception in it, as the inequality of Taxing different Liquors, the Taxing of some Liquors under the notion of an Additional Duty, which had not been Taxed before, and continuing the former Incertainty of Measures; to be relieved against which last, a Petition of the Brewers had been preferred, and lay upon the Table, setting forth, that the King's Duty had been of late (by the means of Sir James Shaen, and others, the then Farmers of the Revenue, who were likewise Commissioners of the Excise, and consequently Judges for their own Advantages) levied by them of a Gallon of 217 Cubical Inches, though for several years after the first passing the Act of Excise in this Kingdom, the measures by which the King's Officers then levied that Duty (and by which the Brewers always have, and are now by Law obliged to sell is a Gallon of 282 Inches, proposing withal such an increase of Duty to be made, as should answer the loss the Revenue might sustain by Regulation of the Measure. This Petition and Complaint, how reasonable soever it might be in itself, was not thought fit to be taken into consideration, lest it might retard the reading and passing the said Bill. So that Postponing this and the other Exceptions, the House thought an Expedient might be found for passing this Bill as it was, by voting first an Additional Duty exactly corresponding with the said Bill in all the parts of it: And these Heads so prepared, being tendered to the Lord Lieutenant and Council, to be drawn into a Bill and transmitted, the House might receive the Bill already sent as transmitted from England, and framed on their heads: And accordingly they passed the said Vote for such Additional Excise. On Tuesday the 25th. the House received Reports from Committees, particularly concerning CivilBills, as of late practised at Assizes, without any Foundation in Law, upon pretence of being a more expeditious and cheap way of recovering Debts and Damages; Which the House voted to be Arbitrary, Illegal, and a Burden to the Subject, and that an Address should be presented to the Lord Lieutenant in Council, to prepare a Bill, which might answer what was of advantage in this practice, without oppressing the Subject, by giving an unlimited Power to the Judges. Then by order of the day, the House resolved into a Committee to consider the State of the Nation; and it being proposed, that the best means to settle this Kingdom in a lasting Happiness, would be to find out the causes of its Misery. The Committee resolved on, and voted, (among other Reasons) these two following to be assigned for it; First, the great countenance given to the Irish Papists in the Reign of K. C. 2d. and their being employed by the late King James. Secondly, the obstruction of the course of Justice by Illegal Protections, granted since the defeat at the Boyne. A motion was made in debate of this latter, that particulars might be instanced, and the persons who granted them named, to the end their Majesties might know who they were that had so much abused their Authority committed to them; but some scrupled it, because of the great Characters they bore; and the Committee soon breaking up, this was deferred till its next Sitting, which was on the 27th. and then it was only concluded (the Members being willing the Speaker should resume the Chair, in order to proceed on the Excise Bill) to name persons at the next Sitting thereof, which was appointed on the 29th. and so from day to day; but this Committee still gave place to that for considering the Supply, & no Report was ever made to the House from the said Committee; but on November the 1st. it was ordered to sit on the 4th. and nothing to intervene. Wednesday and Thursday the 26th. & 27th. were taken up in debating other Expedients, for the difficulty mentioned on Monday, that then offered, not being found to answer the Ends; after several proposed, some that were moved by Members, who had pressed the Reading of the Bill, and were supposed to speak what was Agreeable to the Government, took place, which were to assert the Privileges of the House by a Vote, to read the Excise Bill in order to pass it, and reject the Corn Bill: Accordingly this Excise Bill was thus read, and so successively every day till it was passed. On Friday the 28th. the Corn Bill, according to the former Expedient, was rejected, and the reason given, because it had not its Rise in the House of Commons. The House then Resolved itself into a Committee, and proceeded to consider further of Method to answer the Contents of the Corn Bill by some other Tax, that their Majesties might receive the full Supply demanded. It was considered, that the Corn Bill would have yielded no Money until Summer, 1693. and part thereof not until Michaelmas following; and they thought they might by other means raise the Sum much sooner, and more equally. The several ways of raising Money, was throughly debated; and at length the Committee unanimously agreed on a Poll Bill for several Reasons, of which the following was not the least: They were in hopes to have passed this Bill before the end of the Session by Adjournment, till a Bill prepared according to Heads agreed on by them, might have been transmitted into England, and returned hither to be passed; this would have been an immediate Fund, which with the Excise Bill would have amounted to much more than the Sum required. They who were for this in the House, could not suppose that these Proceed would have been any ways displeasing to the Government. The same day three engrossed Bills were sent down from the Lords, viz. an Act for punishing Mutineers and Deserters; an Act for Encouragement of Protestant Strangers; and An Act for preventing Vexatious Suits. Of these the Bill for encouraging Protestant Strangers, etc. was read, & in three days passed: And the Bill for preventing Vexatious Suits was twice read, and committed to a select Committee; but it was not Reported to the House at the time of the Prorogation. On Monday the 31st. (Saturday having been spent in the last reading and passing the Bill for an Additional Excise, and in debates about a controverted Election) a Bill for settling a Militia in this Kingdom (which had been brought into the House on the 24th.) was read the first time; but it proposing a much greater Number to be raised upon several Counties, than there were Protestant Inhabitants in the said Countys, and lodging too great a Power in Commissioners of Array, for these and other Reasons was rejected; however, the House being sensible, that a Bill for settling a Militia, would be very requisite for this Kingdom, resolved to consider of it on Tuesday the first of November, in a Committee of the whole House; and then came to a Vote, that a Militia by Law established, was absolutely necessary for preserving the Peace of this Kingdom; and made a considerable Progress in forming of it, and appointed to proceed on it again on the 3d. of November. A Committee having formerly been appointed amongst other things, to inspect what Laws had been made in England since the 10. H. 7. and were fit to be enacted in this Kingdom; and the House pursuant to their Report, having voted several of them in particular to be necessary; ordered the said Committee to attend the Lord Lieutenant in Council with the said Votes, and humbly to desire that Bills might be prepared accordingly; but his Excellency not coming to Council on the day the House was informed his Excellency would be for this purpose attended there: The House on Wednesday the 2d. ordered an Address to be made to his Excellency, to know his pleasure therein; and his Excellency thereupon was pleased to appoint Friday the 4th. in the Afternoon, to be attended with the said Votes. At the same time his Excellency was also pleased to accept of the Commons Address in behalf of their Chaplain, and in a most obliging manner, to declare, that their Address should be always acceptable to him. This day also the House received a Message from his Excellency recommending to them, the taking the Bill for punishing Mutineers and Deserters by Martial Law into speedy Consideration. This Bill was brought into the House the 28th. of October, and had been twice Read and Committed; one of the Secretaries pressed, that it might be taken from the Committee, and immediately read a third time; but the House conceiving it more proper to be debated in a Committee, Resolved accordingly, and thinking the former Number thereof too few to debate a matter of so great moment, ordered, that all that came, should have Votes, and to be Reported next Morning. On Thursday the 3d. the said Bill being Reported with the Amendments, was rejected by the House, it containing not one fifth part of the Act made in England to that purpose; and the part in that English Act relating to the good of the Subject, and the Kingdom in general (by obliging the Officers to orderly Quarters, faithful Payment of the Soldiers, and to just and true Musters, being quite left out: And whereas the English Act is to continue only for one Year, this was to continue for three years, and from thence to the end of the next Session of Parliament. But a Committee was then appointed to meet that Afternoon, and prepare Heads of a Bill, agreeable to the said English Act. Soon after the rejecting this Bill, several of the Members were informed that the Parliament would be immediately Prorogued or Dissolved. A large Report was then made to the House, from a select Committee, representing Discoveries of very great Consequence, drawn from the Accounts relating to the forseited Irish Estates both Real and Personal; but the House receiving information, That his Excellency was come to the House of Lords. This Report was ordered to lie on the Table. A Message was brought by the Usher of the Black Rod, requiring the House of Commons immediately to attend his Excellency in the Lord's House. The House accordingly went up to the House of Lords, his Excellency being seated in his Robes, gave the Royal Assent to four Bills, viz. The Act of Recognition, The Act of Excise, The Act for Encouragement of Protestant Strangers, and the Act for taking Affidavits in the Country; the Money Bill was passed, with the usual Form, viz. that their Majesties thank their Loyal Subjects, and accepted their Benevolence. The House were somewhat surprised at this unexpected Resolution, having expected to sit at least the next day, and did not apprehend what occasion they had given of Displeasure to his Excellency to put so sudden an end to the Session▪ when the day before he expressed himself so favourably to them, in answer to their Addresses, and assigned them the day after this for the Committee to attend him in Council; but they were more surprised to hear his Excellency charge them in his Speech, That they had not answered the Ends for which they were called together, but had behaved themselves undutifully and ungratefully, in invading their Majesty's Prerogative; a Charge of such a nature as sounded very harsh in the Ears of Gentlemen, who looked upon themselves, and the rest of the Protestants in this Kingdom, to be as obsequiously devoted to their Majesty's Interest, as any of their Majesty's Subject; a Qualification and Temper, which they knew was not likely to recommend them to those amongst whom they lived, and therefore could not, but with the highest regret and trouble, hear his Excellency cast them off from their just Claim to the most unfeigned Dutifulness and Affection to their Majesties (which they held as dear to them as their Lives,) and at the same time expose them to the Insulting of their most implacable and malicious Adversaries, who they knew were ever warchful and ready to improve all Advantages against them; who could not but look upon a Protestant Parliament with trouble, and therefore rejoiced to see it meet with such Treatment. They reflected on what they had done, that could possibly occasion so severe a Censure; but his Excellency in his next Sentence, was pleased to clear this point to them, by referring to their printed Votes of the 27th. of October, That it is the sole and undoubted Right of the House of Commons, to prepare Heads of Money Bills, and to their rejecting a Money Bill the next day, because it had not its Rise in their House. This the Gentlemen of the House of Commons, could not but very much admire of, considering how maturely (and with what deference to their Majesty's Prerogative) those things had been debated in the House; and not only consented to, but first proposed as an Expedient, by some who have always both before and since, complied with the Directions of the Government without Reserve; all the Votes relating to the Expedient, being likewise Resolved without one Negative Voice. But for these Reasons, his Excellency declared, That he thought himself obliged to protest against those Votes and the Entries of them in the Commons Journals; and accordingly he did in full Parliament Protest against them, and ordered the Clerk of the House of Lords, to Read the said Protest, and enter it in the Journals of the said House, without its being put to the Question, or Voted there: And then the Lord Chancellor (by his Excellencies Command) Prorogued the Parliament to the 6th. of April next. It must be owned, That in this Speech of his Excellency, as it was after printed; his Charge against the House of Commons is not in so severe Terms, as those before set down, which yet were the precise Expressions as they were spoken, they making too deep an Impression in the Minds of those who heard them, to be easily forgotten. It may also be observed, that his Excellency referred to their printed Votes of the 27th. of Octob. Tho not printed Votes have been publicly seen, since those of the 25th. But in his Excellencies printed Speech, the word Printed is left out. It cannot be avoided to mention here as an effect of this unparalleled Displeasure of his Excellency, against the House of Commons, that within few days after the Prorogation, one of the Members was affronted in the Castle, by Brigadeer Stewart, and Mr. Watson, Steward to his Excellency, with his White Rod in his hand, and others his Excellency's Servants, without the least Provocation. This was complained of by the Speaker to his Excellency, but no satisfaction given. Several of the Members were hereupon convinced, That those Persons who dreaded the Proceed of the House, were to the misfortune of this Nation, in so great Credit with his Excellency, as to occasion the harsh Expressions used upon the Prorogation, and had from thence just reason to suspect that those very Persons would prevail on him to represent the Commons to their Majesties, under the same unhappy Characters, which had in open Parliament been fixed upon them; to avoid which, and likewise to prevent the Miseries threatening this Kingdom, in case their Majesties are not informed of the true State of this Nation: They Resolved on the like methods, which on several occasions had been practised by the People of this Kingdom in former Reigns; and therefore desired Sir Arthur Rawdon, Sir Robert King, Sir Arthur Langford, and Mr. Annesley (four of the Members) to deliver a Petition to his Excellency, for leave to send Agents to attend their Majesties in England. This they did on the 7th. of November, and his Excellency was pleased to say, That his Majesty was the Protestans Agent, and they should have leave to go for England, to beg their Majesty's Pardon for their Seditious and Riotous Assemblies. Not admitting of a Reply, but concluding, He had no other Answer to give them. The Lord Chancellor afterwards told one of them, who presented this Petition; that they had done illegally, and that it was Resolved in Council that they should be Prosecuted. In conclusion, it must be observed, That as here never was any Parliament more entirely devoted to their Prince's Service, nor more ready to the utmost to express their Duty and Gratitude on all occasions, so few Assemblies could have employed themselves more industriously and diligently for the Public Service than they did. It might not indeed have been wondered, if (after so long a discontinuance of Parliaments in this Kingdom) the Members of this House had not at first fallen readily into the Methods of Business, but by what they dispatched in the short time of their Sitting (if the business of the several Committees be considered, as well as what is recited in the foregoing Account) it must be allowed, That they wanted neither Diligence nor Public Spirits in laying themselves out for their Majesty's Interest; their Committees sitting frequently till eleven a Clock at Night, and the House never rising before two; so that if their Services, have not met with such acceptance, as persons so disposed chief desired and aimed at; it is their Unhappiness and the Nations, but cannot be accounted their Fault. FINIS.