The lords and commons, animated by such opposite principles, seized every opportunity of thwarting each other. An action having been brought by one Matthew Ashby against William White and the other constables of Aylesbury, for having denied him the privilege of voting in the last election, the cause was tried at the assizes, and the constables were cast with damages. But an order was given in the queen’s bench to quash all the proceedings, since no action had ever been brought on that account. The cause being moved by writ of error into the house of lords, was argued with great warmth; at length it was carried by a great majority, that the order of the queen’s bench should be set aside, and judgment pronounced according to the verdict given at the assizes. The commons considered these proceedings as encroaching on their privileges. They passed five different resolutions, importing, That the commons of England, in parliament assembled, had the sole right to examine and determine all matters relating to the right of election of their own members; that the practice of determining the qualifications of electors in any court of law would expose all mayors, bailiffs, and returning officers, to a multiplicity of vexatious suits and insupportable expenses, and subject them to different and independent jurisdictions, as well as to inconsistent determinations in the same case, without relief; that Matthew Ashby was guilty of a breach of privilege, as were all attorneys, solicitors, counsellors, and sergeants-at-law, soliciting, prosecuting, or pleading, in any case of the same nature. These resolutions, signed by the clerk, were fixed upon the gate of Westminster-hall. On the other hand, the lords appointed a committee to draw up a state of the case; and, upon their report, resolved, That every person being wilfully hindered to exercise his right of voting, might maintain an action in the queen’s courts against the officer by whom his vote should be refused, to assert his right, and recover damage for the injury; that an assertion to the contrary was destructive of the property of the subjects, against the freedom of elections, and manifestly tended to the encouragement of partiality and corruption; that the declaring of Matthew Ashby guilty of a breach of privilege of the house of commons, was an unprecedented attempt upon the judicature of parliament, and an attempt to subject the law of England to the votes of the house of commons. Copies of the case, and these resolutions, were sent by the lord-keeper to all the sheriffs of England, to be circulated through all the boroughs of their respective counties.
THE QUEEN’S BOUNTY to the POOR CLERGY.
On the seventh day of February, the queen ordered secretary Hedges to tell the house of commons that she had remitted the arrears of the tenths to the poor clergy; that she would grant her whole revenue arising out of the first fruits and tenths, as far as it should become free from incumbrance, as an augmentation of their maintenance; that if the house of commons could find any method by which her intentions to the poor clergy might be made more effectual, it would be an advantage to the public, and acceptable to her majesty. The commons immediately brought in a bill enabling her to alienate this branch of the revenue, and create a corporation by charter, to direct the application of it to the uses proposed; they likewise repealed the statute of mortmain, so far as to allow all men to bequeath by will, or grant by deed, any sum they should think fit to give towards the augmentation of benefices. Addresses of thanks and acknowledgment from all the clergy of England were presented to the queen for her gracious bounty; but very little regard was paid to Burnet, bishop of Sarum, although the queen declared that prelate author of the project. He was generally hated, either as a Scot, a low-churchman, or a meddling partisan.
INQUIRY INTO NAVAL AFFAIRS.
In March, an inquiry into the condition of the navy was begun in the house of lords. They desired the queen in an address to give speedy and effectual orders that a number of ships, sufficient for the home service, should be equipped and manned with all possible expedition. They resolved, that admiral Graydon’s not attacking the four French ships in the channel, had been a prejudice to the queen’s service, and a disgrace to the nation; that his pressing men in Jamaica, and his severity towards masters of merchant vessels and transports, had been a great discouragement to the inhabitants of that island, as well as prejudicial to her majesty’s service; and they presented an address against him, in consequence of which he was dismissed. They examined the accounts of the earl of Oxford, against which great clamour had been raised; and taking cognizance of the remarks made by the commissioners of the public accounts, found them false in fact, ill-grounded, and of no importance. The commons besought the queen to order a prosecution on account of ill practices in the earl of Ranelagh’s office; and they sent up to the lords a bill for continuing the commission on the public accounts. Some alterations were made in the upper house, especially in the nomination of commissioners; but these were rejected by the commons. The peers adhering to their amendments, the bill dropped, and the commission expired. No other bill of any consequence passed in this session, except an act for raising recruits, which empowered justices of the peace to impress idle persons for soldiers and marines. On the third day of April the queen went to the house of peers, and having made a short speech on the usual topics of acknowledgment, unity, and moderation, prorogued the parliament to the fourth day of July. The division still continued between the two houses of convocation; so that nothing of moment was transacted in that assembly, except their address to the queen upon her granting the first fruits and tenths for the augmentation of small benefices. At the same time, the lower house sent their prolocutor with a deputation to wait upon the speaker of the house of commons, to return their thanks to that honourable house for having espoused the interest of the clergy; and to assure them that the convocation would pursue such methods as might best conduce to the support, honour, interest, and security of the church as now by law established. They sent up to the archbishop and prelates divers representations, containing complaints, and proposing canons and articles of reformation; but very little regard was paid to their remonstrances.
TRIAL OF LINDSAY.
About this period the earl of Nottingham, after having ineffectually pressed the queen to discard the dukes of Somerset and Devonshire, resigned the seals. The carl of Jersey and sir Edward Seymour were dismissed; the earl of Kent was appointed chamberlain, Harley secretary of state, and Henry St. John secretary of war. The discovery of the Scottish conspiracy was no sooner known in France, than Louis ordered Fraser to be imprisoned in the Bastile. In England, Lindsay being sentenced to die for having corresponded with France, was given to understand that he had no mercy to expect, unless he would discover the conspiracy, He persisted in denying all knowledge of any such conspiracy; and scorned to save his life by giving false information. In order to intimidate him into a confession, the ministry ordered him to be conveyed to Tyburn, where he still rejected life upon the terms proposed; then he was carried back to Newgate, where he remained some years; at length he was banished, and died of hunger in Holland. The ministers had been so lukewarm and languid in the investigation of the Scottish conspiracy, that the whigs loudly exclaimed against them as disguised Jacobites, and even whispered insinuations, implying, that the queen herself had a secret bias of sisterly affection for the court of St. Germain’s. What seemed to confirm this allegation was the disgrace of the duke of Queensberry, who had exerted himself with remarkable zeal in the detection; but the decline of his interest in Scotland was the real cause of his being laid aside at this juncture.