a motion being made for taking the said John Lever into the custody of the serjeant at arms; it was resolved in the affirmative.

A motion being again made to adjourn, it passed in the negative, by 206 against 200.

Hereupon it was resolved, "That it appears to this House, that a body of armed soldiers, headed by officers, did, on the 8th of May last, come in a military manner, and take possession of the churchyard of St. Paul Covent Garden, near the place where the said poll was taken, before the said election was ended: And that the presence of a regular body of armed soldiers at an election of members to serve in parliament, is an high infringement of the liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of this kingdom."

It was also ordered, That Nathaniel Blackerby, George Howard, and Thomas Lediard, esqrs. do attend the House on the 22d of January next.

January 23, 1742. Mr. Blackerby, Mr. Howard, and Mr. Lediard, attending according to order, were brought to the bar; and, upon their knees, reprimanded by Mr. Speaker, as the House had directed. The reprimand was as follows; viz.

"Mr. Blackerby, Mr. Howard, Mr. Lediard:

"You having, at the bar of this House, confessed, that you did send for, and cause to come, on Friday the 8th day of May last, a body of armed soldiers, headed by officers, in a military manner, who did take possession of the church-yard of St. Paul Covent Garden, near the place where the poll (for the election of citizens to serve in this present parliament for the city of Westminster) was taken, before the said election was ended, and you having acknowledged your offence therein, the House did order you to attend this morning, to be brought to the bar, to be reprimanded, on your knees, by me, for the said offence:-I cannot better describe to you the nature of this offence you have been guilty of, than in the words of the Resolution this House came to, upon their examination into that matter; which are: That the presence of a regular body of 'armed soldiers at an election of members 'to serve in parliament, is an high infringe❝ment of the liberties of the subject, a ma❝nifest violation of the freedom of elections,

and an open defiance of the laws and 'constitution of this kingdom.'-And it is impossible, if you well consider the terms of this Resolution, but that you must have in your breasts the deepest sorrow and remorse for this rash act of yours, which, if it had not been animadverted upon, might have given the most dangerous wound to the constitution of this free country, that perhaps it had ever felt: this country, free, because this House is so; which this House can never be, but from the freedom of elections to it; and amidst the too many ways for violating that, none can be more pernicious, because none more quick, decisive, and permanent, than what you might unhappily have set a precedent for, and which might have grown to an extremity, under the specious and ready pretences of fears and necessity, that supersede all law; a precedent that would have received an authority from the place it began in the seat of the government and legislature of this kingdom-Necessity, which is to take place of law, must be left to the circumstances of every particular case; the act must be presumed to be wrong, inquired into as such, and excused only by the clearest proofs, that the necessity of it was real:-What you have done, is against one of the most essential parts of the law of the kingdom has any real necessity been shewn for it? There might be fears, there might be some danger, but did you try the strength of the law to dispel those fears, and remove that danger? Did you make use of those powers the law has invested you with, as civil magistrates, for the preservation of the public peace? No; you deserted all that, and wantonly, I hope inadvertently, resorted to that force, the most unnatural of all others, in all respects, to that cause and business you were then attending, and for the freedom of which every Briton ought to be ready almost to suffer any thing: more might be said, but you have acknowledged your offence, and have asked pardon for it: this has disposed the House to lenity: use it not to lessen the sense of your crime, but to raise in your hearts that sense of gratitude you owe to the House, for the gentle treatment you have met with on this occasion, in expectation of which you are discharged, paying your fees."

Resolved, That the Thanks of this House be given to Mr. Speaker, for the said Speech, and that, he be desired to print the same.

of condescension to the king, his majesty would give a gracious reception to him, his friends, those of his councils and servants, who should all be provided for in due time That the 50,000l. per annum should be inmediately added to his Royal Highness's present income: and, that all his debts should be paid with all convenient speed."

To this his Royal Highness returned the following Answer:

"That he looked on this Message as a proposal from the minister, and not from his majesty That he would embrace the first proper opportunity to throw himself at his majesty's feet: and at that time should be far from prescribing terms for himself to his majesty: but that he could not come to court while sir Robert Walpole presided in his majesty's councils: that he looked on him as the sole author of our grievances at home, and of our ill success in the West Indies: and that the disadvantageous figure we at present make in all the courts of Europe, was to be attributed alone to him."

Debate in the Lords on a Motion for Rear Admiral Haddock's Orders and Instructions.*] January 19, 1742. The or

From the Secker Manuscript.

January 19, 1742. Motion for Haddock's

Orders and Instructions.

Bathurst. Said there were several deficiencies in the Papers laid before the House: that there had been no papers relating to transactions with the queen of Hungary later than August 15, laid before them: that no Orders appeared to have been given Haddock from Dec. 18, 1740, I think till September 1741: and those of Dec. 18 do not appear to have been received; that Haddock says, he will attack the Spaniards, if the French are not joined with them that several parts of the papers should be considered in order that at present he moved,

"To address for Copies of the Orders and Instructions given to Haddock for his behaviour in case of a junction between the French and Spaniards."

Newcastle. I quoted to Mr. Haddock the letter of December 18, when perhaps I thought it had been forgot a little, and he owns himself he received it. At that time the eyes of every body were not in Mediterranean, but the West Indies: even the Orders which by accident did not arrive have been laid before the House. The court of Vienna did not keep Mr. Robinson's representations secret, and therefore be had orders to make no more in writing. Sup

der of the day being read, for taking into consideration the State of the Nation: It was proposed, "That the House be now adjourned during pleasure, and put into a Committee thereupon." Which being objected to; It was moved, "That an humble Address be presented to his majesty, that he will be graciously pleased to order, that there be laid before this House, copies of the Orders and Instructions which have been sent to rear admiral Haddock, so far as the same concern his conduct and behaviour in case of a junction of the French and Spanish fleets." After debate; the question was put, upon the said Motion. And it was resolved in the negative.

Devate in the Commons on Mr. Pulteney's Motion for referring to a Select Committee the several Papers relating to the Conduct of the War.] January 21. A Mction being made by Mr. Pulteney, that the several Papers presented to the House on Monday and yesterday by Mr. Comptroller, be referred to a Select Committee, and that they do examine the same, and report to the House what they find material therein: it occasioned a great debate.

pose in a case of junction, Haddock had orders to attack, but had not strength, should this be known? No good can come by publishing such orders. Better ministers should be suspected of having given none, than harm brought upon the nation to justify them.

Chesterfield. There can be no harm in knowing whether he had orders to attack our enemies, and this question is no more; for whatever power joins them is such. But there may be great harm if it be not known, and France is the first power that should know it. Indeed, they must believe you will attack them unless they know the contrary. And if they know that, it is fit we should know it too: the reasons for refusing these papers will be as well known as the papers themselves can be. It was well known that Vernon had orders to attack the joint

fleet in the West Indies; and if orders now are concealed, it is not lest France should know, but lest England should know.

Hervey. If any lord can doubt whether such orders have been sent, I should be for producing them. But this is impossible: therefore have some indulgence to the opinion of the lords in the administration.

Carteret. The noble lord hath admitted there are such Orders, and if every other lord in the administration will speak explicitly, this is an answer, and will give satisfaction abroad. But there is not a man in Holland believes

* From the London Magazine.

Mr. Pulteney introduced his Motion with the following Speech;

Sir; I have always thought, that when such orders are given. Nothing will give more life to our friends in Italy than such a declaration. But orders are nugatory without means. France will not take such orders ill. Before the French and Spaniards came back from America, Haddock had means, and perhaps the Emperor's death was one occasion of their coming back. Why did we not strengthen Haddock then when we wanted ships no where else? The French dealt plainly with you, and told you they sent a fleet into America to hinder you from making conquests there, and doubtless sir Chaloner Ogle had orders to attack them, not only jointly with the Spaniards, but separately; and the king's Speech in effect says

this.

Chedworth. I doubt whether any Orders were sent, for I think none were necessary. The junction of the French if they would let us alone was not material, and if we attacked the Spaniards and they assisted them, it was self defence on our part to attack the French, but they must declare themselves our enemies first. It is owned there were proper orders sent to the West Indies: why should it be doubted in this case? It is as much known already that we should defend ourselves as the sight of any orders can make it known. The question of means doth not come in here. But though others knew we should defend our. selves, it might ruffle some of them to tell them so.

Argyle. I do declare in the most solemn manner for the satisfaction of the noble lord who spoke lately, that I am in great doubt whether Orders were given, and therefore hope he will be with us. Ŏur ministers knew the Spaniards were going to Italy, yet, sir J. Norris was sent out to intercept Las Torres when there was no chance for it, and so that he could not send any thing to Haddock. Every body knew the Toulon squadron was come out, and from that hour it could not be doubted but they meant to wait for us, and yet Haddock was not reinforced in time. If we see these Orders, I shall have once occasion to commend a single action of this administration.

Newcastle. A noble lord hath said truly_that Orders without means are nugatory, and we had not means. I do not still repent of the war with Spain, but you have almost all the maritime powers against you and none for you. You were obliged to send above 30 men of war to the West Indies. If sir J. Norris could have gone 4 days sooner, the enemies' squadrons going thither might have been prevented. There were accounts of the Spaniards design of an embarkation being kept alive, but not of its going on. And there were 4 ships of 44 guns each, sent to Haddock in June; 3 more were ordered in August but did not go; but 4 went in September, and it was considered, whether

papers of state are called for by this House, as well as when such papers are laid before us without being called for, it should be with some sort of view or design, more could be spared, and found that you had not at home at that time a squadron equal to the French. Ten ships of theirs indeed could not have invaded us, but they could have insulted us. Afterwards 5 more were sent to Haddock: in all 13, since the beginning of June and two more have been kept with him, that he might have means. There are now 4 more ordered to be sent him, and God knows whether there will then be 4 left. There is a good deal of difference between suspecting a thing and knowing it. And are you in a condition here at home, if when these Orders are avowed, the French should take it ill? It may not be long before orders may be shewn.

Lonsdale. There must be some disadvan. tages in making such an Order known. Every step in relation to France is of great importance. And the French got nothing by declaring with what design they sent their squadron into America. And what will the advantages be? your honour must be vindicated by deeds not words. Making these Orders public will not give spirit to other countries. The more spirit we have shewn here, the less hath been shewn in other places. The only way is to act wisely. Nor will it give satisfaction at home till you can satisfy them that you have the means, as well as that you have given orders.

Chesterfield. We have above 200 men of war in conmission, and it is said we have not means of being superior to half the number, but have been always trembling for the superiority of our enemies. It is strange there should be no orders to Haddock after December 1740, though we knew of the Spanish embarkation. And the Spanish embassador at the Hague said, it would go without molestation from us. Might not means be wanting on purpose for executing orders which nobody durst give? There was no need of asking for Vernon's Orders, for he acted, but in the Mediterranean we have not acted. I believe it will not be long before these Orders are shewn, therefore would have this administration have the honour of doing it.

Hardwicke C. The French do believe we shall attack them, but this is different from authentic proofs of it. The motion for papers made some days ago was limited to such as relate to Haddock's behaviour towards the Spaniards, and that was done with a view to this present question. Orders relating only to an actual junction of the French and Spaniards, would be imperfect and blameable, and if they extend farther, would you make this public to give a handle to France? It is better to let the administration remain unjustified than

ponere rumores anti salutem.' I wish we could man the ships we have; but the business of the means is not that of the day.

Carried in the negative without a division.