refolving on the feveral Particulars, how far that Deficiency might be justly imputed to them. And we are of Opinion, that all the Money given by Parliament, for the Service of Spain and Portugal, has been timely and punctually iffued for that Service. The rest of this Proteftation was expunged by Order of the Ninth Inftant, and is not legible. Cornwallis, Jonat. Winton', W. Carliol, Devonshire, Kent, Jo. Landaff, Godolphin, Ashburnham, Stamford, Coruper, Bolton, Dorchefer, Carlife, Lincoln, Scarbrough, Hallifax, Rockingham, Jo. Litch and Cov'. Harvey, T. Wharton, Pelham, C. Norwich, An Addrefs on her Majefty's Speech, at opening the Seffion, was reported and agreed to, concluding, that it was the Opinion and Advice of the Houfe, that no Peace could be fafe or honourable, if Spain and the Weft-Indies were to be allotted to any Branch of the House of Bourbon. And the Queftion being put, whether this Address shall be presented to her Majefty? Contents 62 Diffentient' 54 It was refolved in the Affirmative. We diffent to the Addrefs, because the Nature of it is changed, by the Infertion of the laft Claufe, from that of an Address of Thanks; neither have we had any thing parliamentary from the Throne, or otherwife laid before us, whereon to ground fuch Advice as is therein contained. And we look upon it as an Encroachment on the Royal Prerogative, in fo hafty a Manner to declare our Opinions, and on no better Grounds, in a Thing fo ef fentially belonging to the Crown as making of Peace a id War. Beaufort, Cardigan. Willoughby de Broke, Delawarr, Die Jovis 20° Decembris, 1711. After confidering the Patent for creating the Duke of Hamilton Duke of Brandon. And Debate concerning the Matter, 57 Contents The Queftion was put, that no Patent of Honour granted to any Peer of Great-Britain, who was a Peer of Scotland at the Time of the Union, can intitle fuch Peer to fit and vote in Parliament, or to fit upon the Trials of Peers? It was refolved in the Affirmative. Diffentient' ft, Becaufe, as we apprehend, by this Refolution, the Prerogative of the Crown in granting Patents of Honour, with all Privileges depending thereon, to the Peers of Great Britain, who were Peers of Scotland at the Time of the Union, as well as the Right of the Duke of Brandon to fit and vote in Parliament, are taken away; and this Prerogative of the Crown, and Right of the Duke, depending upon the Conftruction of an A&t of Parliament, though Council, by Order of the House, were heard at the Bar, and all the Judges were ordered to attend at the fame Time, yet the Opinion of the Judges were not permitted to be asked touching the Conftruction of the faid A&t of Parliament. 2dly, Because the Prerogative of the Crown, as we conceive, in granting Patents of Honour, with the Privileges depending thereon, ought not, on the Conftruction of any Act of Parliament, to be taken away, unlefs there be plain and express Words to that Purpofe in the faid Act; and, we conceive, there are no fuch plain and exprefs Words for that Purpofe in the Act of Union. 3dly, Because, by this Refolution, all the Peers of Great-Britain, who were Peers of Scotland at the Time of of the Union, are fuppofed to be incapable of receiving any Patent of Honour from the Crown, by virtue whereof they may be entitled to the Privileges of fitting and voting in Parliament, and fitting on the Trial of Peers; which, we conceive, is repugnant to the 4th Article of the Act of Union, which declares the Privileges and Advantages which do or may belong to the Subjects of either Kingdom, except where it is otherwise expressly agreed in thofe Articles, in which, we apprehend, there is no fuch Provifion. 4thly, Because the Duke of Queensbury, in all respects, in the fame Case as the Duke of Hamilton, was introduced, fat and voted in this Houfe in Matters of the higheft Importance, in two feveral Parliaments, as Duke of Dover, by virtue of a Patent paffed fince the Union; and in Confequence of fuch fitting and voting, his Vote in the Election of Peers of Scotland was rejected; and as a further Confequence' thereof the Marquis of Lothian was removed from his Seat in this House, which he had an undeniable Title to, if the Duke of Queensbury's Patent, as Duke of Dover, had not given him a Title to fit and vote in this House. 5thly, Becaufe, by this Refolution, the Peers of Scotland are reduced to a worfe Condition, in fome respects, than the meanest or most criminal of Subjects. 6thly, Because we conceive, this Refolution may be conftrued to be a Violation of the Treaty between the two Nations. Kyllyth, Die Lune 8° Junii, 1713. Hodie 3a vice leta eft Billa, entitled, An Act for granting to her Majefty Duties upon Malt, Mum, Cy. der and Perry for the Service of the Year One thoufand feven hundred and thirteen, and for making forth Dupli cates of Lottery Tickets loft, burnt or destroyed; and for for enlarging the Time for adjusting Claims in feveral Lottery Acts; and to punish the counterfeiting or forging of Lottery Orders; and for explaining a late Act in relation to Stamp Duties on Cuftomary Eftates which pafs by Deed and Copy. The Queftion was put, whether this Bill shall pass? It was refolved in the Affirmative. Diffentient' 1, Because, we apprehend, that the charging Scotland with this Malt Tax will be a Violation of the Fourteenth Article of the Union, by which it is exprefly provided, that Scotland fhall not be charged with any Malt Tax during this War: And it was not denied; for indeed it is indeniable, that Peace with Spain is not yet concluded, and by Construction of Law and Ufage of Parliament this Bill is to be reckoned as a Grant to the Crown, and a Charge upon the People from the first Day of this Seffion, at which Time even the Peace with France was not made. zdly, Because a great Part of this Malt Tax is for the fatisfying and making up the Deficiency of the Malt Tax in the Year One thousand seven hundred and eleven, from which Scotland being entirely free, we conceive it unjust, even though the Peace were concluded, to make that Part of the United Kingdom pay any Part of that Tax, which was exprefly given (as appears by the Preamble) for this prefent War. 3dly, Because it is by the aforefaid Fourteenth Article exprefly provided, that due Confideration fhall be had of the Circumftances of Scotland, when any Impofition or Tax is laid on it; and we are fully perfwaded that it is impoffible for Scotland to bear fo heavy a Tax, by which it will be liable to pay vaftly more when the Peace fhall be concluded than it did during the War; whereas England has its Burthens greatly diminished. Sunderland, Somerfet, Lonfdale, Mar, Eglintoun, Rofberrie, Balmerino, Blantyre, Loudoun, Scarbrough, Greenwich, Kylfyth, Linlithgow, Kinnoul, Home. Orkney, Die Martis 15° Junii, 1714. Hodie 3a vice leta eft Billa, entitled, An Act to prevent the Growth of Schifm, and for the further Security of the Church of England as by Law established. Contents Proxies 56377 21 Not Cont. 492 Proxies 23 3 72 The Queflion was put, whether this Bill, with the Amendments, fhall pafs ? It was refolved in the Affirmative. ft, We cannot apprehend (as the Bill recites) that great Danger may enfue from the Diffenters to the Church and State, because, 1. By Law, no Diffenter is capable of any Station, which can be fuppofed to render him dangerous. 2. And fince the feveral Sects of Diffenters differ from each other as much as they do from the Eflablifhed Church, they can never form of them elves a National Church, nor have they any Temptation to fet up any one Sect among them: For in that Cafe, all that the other Sects can expect is only a Toleration, which they already enjoy by the Indulgence of the State; and there fore 'tis their Intereft to fupport the Established Church against any other Sect that would attempt to destroy it. 2dly, If neverthelefs the Diffenters were dangerous, Severity is not fo proper and effectual a Method to reduce them to the Church as a charitable Indulgence; as is manifeft by Experience, there having been more Diffenters reconciled to the Church fince the A&t of Toleration, than in all the Time from the Act of Unifor mity to the Time of the faid Act of Toleration, and there is fcarce one confiderable Family in England in Communion with the Diffenters: Severity may make Men Hypocrites, but not Converts. 3dly, If Severity could be fuppofed ever to be of Ufe, yet this is not a proper Time for it, while we are threatned with much greater Dangers to our Church and Nation, against which the Proteftant Diffenters have joined, and are ftill willing to join with us in our Defence; and therefore we should not drive them from us by enforcing the Laws against them, in a Matter which, of all others, muft moft fenfibly grieve them, viz. the Education |