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A45963 An account of the sessions of Parliament in Ireland, 1692 Ireland. Parliament. 1693 (1693) Wing I297; ESTC R16095 11,048 30

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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 wou'd 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 wou'd 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 shou'd 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 shou'd 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 Souldiers 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 wou'd be immediately Prorogued or D●ssolved 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 lye 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 Mony Bill was passed with the usual Form viz. that their Majesties thank their Loyal Subjects and accepted their Benevolence The House were somewhat surprized 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 surprized 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 Majesties Perogative 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 Majesties Interest as any of their Majesties 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 Insultings of their most implacable and malitious Adversaries who they knew were ever warchful and ready to improve all Advantages against them who cou'd not but look upon a Protestant Parliament with trouble and therefore rejoyced to see it meet with such Treatment They reflected on what they had done that cou'd 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 Mony Bills and to their rejecting a Mony Bill the next day because it had not it's Rise in their House This the Gentlemen of the House of Commons cou'd not but very much admire of considering how maturely and with what deference to their Majesties 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 comply'd 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
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 cou'd be so good Judges of the properest and easiest way of taxing the Subject as they and even since Poyning's Act those Rights of the House are found Asserted in the Journals on the bringing in of Mony 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 Majesties 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 tho 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 Kings 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 levyed by them of a Gallon of 217 Cubical Inches tho for several years after the first passing the Act of Excise in this Kingdom the measures by which the King's Officers then levyed 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 encrease of Duty to be made as shou'd answer the loss the Revenue might sustain by Regulation of the Measure This Petition and Complaint how reasonable soever it might be in it self 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 tender'd 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 practiced 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 Burthen to the Subject and that an Address shou'd 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 wou'd 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 employ'd 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 shou'd 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 mention'd on Monday that then offer'd 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 suppo●ed to speak what was Agreeable to the Government took place which were to assert the Priviledges 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 it self 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 wou'd have yielded no Mony 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 Mony 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 wou'd have been an immediate Fund which with the Excise Bill wou'd have amounted to much more than the Sum required They who were for this in the House cou'd not suppose that these Proceedings wou'd have been any ways displeasing to the Government The same day three ingrossed 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 c. was read in three days passed And the Bill for preventing Vexatious