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said to make it appear justifiable,
and to render an injury concerning
it unnecessary.
PONSONBY,

WENTWORTH FITZWILLIAM. And the said earl Fitzwilliam, moreover protesting for himself, and on his own part, declares that this house refusing such necessary investigation, he doth conceive and feel himself injured and oppressed, as a British subject, as a peer of Great Britain, and as a person who has exercised an high and very responsible trust under his majesty. That he is not content merely to prove his innocence; that he was, and is ready to make it appear to the house, and to his country, that in that trust he has acted faithfully, zealously, affectionately, dutifully, and diligently towards his sovereign; that he has acted with attention and practicability towards his colleagues in office; that he has acted with an enlightened regard to the true interests of the nation, which, under his majesty's authority, he was appointed to govern. That he stands upon the merit of his measures, and the prudence of his arrangements; that by them confidence was recovered to govern. ment. That he stands, for the justice and the policy of removing the few feeble, miserable, ineffica. cious, but invidious restrictions, that remain on the catholics of ire. land, as wholly useless for any good purpose, but powerful in causing discontent, both with regard to government and to parliament, as furnishing handles of oppression to the malevolent, and as supplying pretexts for disorders to the turbu. lent and seditious. That he should have shewn a degree of incapacity wholly to unfit him for his arduous

trast, if he had acted on an idea that the politics of this time, or that the present or probable future interests of states, do at all de pend upon questions, whether of doctrine or discipline, either as agitated between catholics and protestants, or as agitated by pro. testants amongst their several sub. divisions. The church and state have enemies very different, and infinitely more formidable than any which have their origin in any religious parties. He has for some time been persuaded, but most clearly so since he went to Ireland, that by good management the dangerous principles and tempers of the times, which have another and more recent origin, may be kept from taking root, either in the church of Ireland, there happily established, or in the presbyterian church, in communion with that of Scotland; or in the church of the old natives of Ireland, communicating with that of Roine; or in any other religious sect whatever; but that through intemperate, vexatious, corrupt, or oppressive conduct, every one of these descriptions may be infected with this evil, in greater or lesser degree and extent or malignity, according to the degree of oppression or indiscretion with which they are severally treat. ed. He was, and is convinced, that the best mode of resisting this reigning danger, either from with. in or from without, is not to be found in a plan for reviving, by art or influence, prejudices and heart burnings expired, or ready to expire, or of sowing the seeds of eternal discord and division between the people. During his government he had nothing to complain of the disposition of any

religiou

religious description as such; and his principles of government led him to cultivate the union which he plainly saw of itself commencing between them. It was his constant endeavour,by every means, to combine the minds of every sort of men, churchmen, presbyterians, and catholic, of every the least proportion of education, talent, influence, or property, in affection to their cominon sovereign; to combine them in one bond of common interest, and in one common effort against our common enemies, the known enemies of all religion, all law, all order, and all property. He has had the happiness of seeing all this completely accomplished. An unexampled concord amongst the people, an unexampled zeal for the support of the crown had taken place; but he is not responsible for the effects of a system which proceeds in a contrary direction to that which he pursued; he is not responsible for the effects of a system which supports men in whom the public has little confidence, contumeliously rejects the service of those who have obtained the good opinion of their country; a system which endeavours to su, ply a comparative defect of ability by an unmeasured increase of influence; a system which rejects the opinion and information of persons in high and responsible situations, and listens to the interested representations of subordinate office; asystein which, inverting the whole order of things, introduces anarchy into the very scat of government, by publicly and avowedly supporting the instruments against the agent; a system which, finding the body of the people disposed to look to the crown as their security

against oppression from domestic. factions, employs all its influence, power, and au hority to support those very factions against the peopie, who fly for refuge to the crown. For the opposite system he has sufred the unparalleled mark of displeasure which has been shewn, to him. He is willing to suffer more, rather than abandon it. He will remember with a warm and lasting gratitude, and a cordial attachment, the weighty persons. in parliament, and all the respectable bodies and individuals by, whom he was generously encou raged and honourably supported in a different plan of government, from that which derives its support from the corruption of one part of the people, and the depression of the other.

FITZWILLIAM.

Protest against the Act for transferring the Militia, May 28th.

Ist, Because the honourable footing upon which the militia was established, and has hitherto subsisted, is, as far as relates to the augmenting the artillery, undermined by this bill, inasmuch as it makes the militia a fund for the supply, and a drill for the accommodation of another corps, inasmuch as it reduces the constitutional force below the numbers covenanted by the country to be always kept complete, and inasmuch as it supplies the deficiencies it creates, not in the regular and creditable manner by which the militia is constitutionally to be supplied, and supplied to a certainty; but by the. means, uncertain in their opera tion, by which it is constitutionally

L4

provided

provided in express terms that it shall not be supplied.

zdly, Because upon the allega. tion of the present conjuncture, it establishes this measure without any express period to its duration, and without any clause against the precedent.

3dly, Because at a moment when the temper of the times, and our personal knowledge of late events in some corps, seem particularly to recommend a vigilance in the preservation of discipline and subordination, this bill in a most extraordinary and unprecedented manner, relaxes the authority of the commanding officers over the objects of it, by suggesting to the latter a method which at any time, &c. on any motive, "entitles them to their discharge."

4thly, Because the several circumstances of disappointment as to the strength of their regiments, and of degradation by the involuntary removal of their selected and most instructed men, by the replacing of them in a less certain and less creditable manner, and by converting the regiments into a recruiting fund for another corps, from an impolitic and undeserved return to such militia officers (and it has been admitted in the debates on this bill that there are many such) as have merit with the public. And

I conceive it the more necessary to mark my disapprobation, and express my apprehensions of the consequences of this innovation, as I know the militia contains a fund for recruiting not only the artillery, but every other corps in his majesty's service, much too good not to be ardently coveted, and (how. ever the intention be disclaimed at present) I fear resorted to (as I

am sure it may be upon the same reasoning), when parliament shall have once notified the principle of making the militia subservient to the efficiency of other corps. RADNOR.

Protest against the passing of the New

Treason Bill.

1st, Because we conceive this bill is founded on a false pretence: it recites daring outrage on his majesty's person (which we feel with the utmost horror), and pur. ports to provide farther remedies against such practices, whilst, in reality, it affords no additional security whatever to his majesty's person, and leaves us to regret a deep and irreparable injury to the laws and constitution of our country, by making the compassing, imagining, inventing and devising the levying war a substantive treason; thereby departing in a most dangerous and unjustifiable manner from the statute of the twenty-fifth of Edward the Third: the salutary provisions of which we cannot be tempted to abandon, by the exam. ple of temporary statues, whose doubtful policy stands in opposition to a law, in which the wisdom of our ancestors has been so repeatedly recognized by the legisleture, and so strongly confirmed by the per manent experience of its benefits.

2dly, Because the free discussion of the administration of government in all its branches, by writ ing, speaking, and meeting for the purpose of representing grievances to any of the three branches of the legislature, has afforded the best protection to the liberties of the people, and is the undoubted inhe

rent

rent right of Englishmen. Yet this bill erects into a high misdemeanor the exercise of this most valuable privilege, and inflicts, in certain cases, the pains and penalties of transportation for the offences which it creates, a punishment in the case of misdemeanors, thus generally constituted, as unprecedented in the history of our laws, as it is unnecessary and unconstitutional. 3dly, Because the extension of the treason laws, and the creating new misdemeanors, is an alarming encroachment on the security of the subject, and affords no addi. tional protection to his majesty's person and government; for the state of every king, ruler, and go. vernor of any realm, dominion, or commonalty, standeth and consist. eth more assured by the love and favour of the subjects towards their sovereign, ruler, and governor, than in the dread and fear of those laws with rigorous pains and ex. treme punishments, which have at all times disgraced our code. His. tory, however, shews us, that by succeeding legislatures, our statute book has, with every mark of ge. nerous indignation, been uniformly cleared of these temporary and unconstitutional excrescences, a cir. cumstance which we now regard as a solemn warning against creating new and unheard of misde. meanors, or altering the treason laws of our country. BEDFORD, DERBY, LAUDERDALE.

Protest against the Sedition. Bill.

BECAUSE, to present petitions to the throne and the two houses of parliament, has at all times been the undoubted right of the subjects

of this realm; the free and unlimited enjoyment of which was one of the many blessings restored by the revolution, and invariably continued in its fullest extent, as well during time of internal commotion as of external danger; we therefore cannot consent to a bill which thus fetters the rights of the people, and imposes restraints on that freedom of speech, to the existence of which the preservation of all our liberties may be ascribed, and from the full, free and continued exercise of which is derived the manly character that distinguishes a free people. NORFOLK, E. M. PONSONBY, DERBY, LAUDERDALE, SUFFOLK, CHEDWORTH,

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LANSDOWNE,

ALBEMARLE,

BEDFORD.

1st, Because, though we cordially agree in the above ground of protest, yet we think it farther necessary to state that, although the bill industriously displays the acknowledged right of Englishmen, a right essential to a free constitution, of deliberating on griev ances, in church or state, and of preferring to the king and each house of parliament, petitions, complaints, remonstrances, and decla rations thereupon, yet it proceeds to lay the whole exercise of that important and sacred privilege under a restraint and discountenance, which directly and absolutely annihilates the right.

The very proposition of any matter which shall tend to incite or stir up the people to hatred or contempt of the government and constitution of this realm, as by law established, makes the assembly liable to be dispersed by any one justice of peace, under the pain of

felony,

felony, without benefit of clergy, if any twelve remain together an hour after proclamation, even though they should not proceed on prohibited business. Nay, if any one justice should think fit to arrest any person holding any discourse to the above effect, to be dealt with according to law, and shall meet with obstruction, whether the orator and obstructor be su. borned or not, the whole assembly is liable to be treated in this harsh and unprecedented manner.

Now the case to which these terrible consequences are attached, is unavoidable, being a necessary incident to the exercise of the right; for no grievance can be made the subject of deliberation, much less of complaint and remon strance, without drawing down upon it that odium, which its injurious tendency, or that contempt which its absurd incongruity may seem to merit; that is, without representing it as a grievance. So that an occasion, even without straining, can never be wanting to suppress the exercise of this franchise.

2dly, Because the severe provisions of this bill not only apply to all assemblies convened by the exertions of private subjects, in the manner expressly claimed for Englishmen by the bill of rights, but to all the other assemblies mentioned in the act, as appears from a consideration of the following words-"Such meeting or assembly, as is herein before mentioned, to which every justice of the peace is authorized and empowered to re, sort with any number of constables, or other officers of the peace, and to do, or order to be done, all such acts, matters, and things, as the case may require." Now although it

be not expressly provided, that de liberating on any grievance in church or state shall be deemed crime, except in assemblies convened by private subjects, yet the above-mentioned authority, to aṛrest men holding discourse to such effect, to be dealt with according to law, do so flagrantly imply it, that the zeal of any justice of the peace, who should so understand the phrase, may regard this as afford. ing ample countenance to his ef forts. Happily in the class of magistrates in this country, are men whose worth and honour render them respectable; but we cannot forget that many are not only ap pointed by the minister during his pleasure, but are in a state of apparent subjection to his caprice, and some even paid by him for the exercise of their office, have their de pendence on that caprice for their daily bread. daily bread. It is therefore but too easy to foresee how such an occasion will be applied.

3dly, Because the provisions in the conclusion of this bill form a worthy sequel to the foregoing measures, differing not in principle, but only in extent and appli cation. The prohibition of unlicens ed discoursing upon law, constitution, government, and policy, at meetings not sanctioned by the sacred occasions of a free people applying to their legislature, interrupts private instruction, and the freedom of private discourse. The perusal of books, recommended by universal esteem, and the authorityof names the most venerable, is an indulgence, however, that still remains. We are only forbidden to talk of what they contain.

We therefore think it our boun den duty, thus solemnly to mark the ignominious difference between

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