much.-It was for some time under conside- ver he might be in procuring foreign intelliration, who should be the other secretary; at gence, he spared no cost nor pains to have an last the earl of Nottingham was pitched upon account of all that passed in the city and in for that post. He had stood at a great dis-other angry cabals; and he furnished the king tance from the court all king James's reign, and very copiously that way, which made a deep though a privy-counsellor, never went to the impression on him, and had very bad effects.' board. When the Prince of Orange's coming-The marquis of Halifax having also refused over was proposed to him, he first agreed to it, the offer made to the earl of Nottingham, but afterwards refused to proceed any farther. with respect to the Chancery, sir John MayHowever he declared, that though his princi- nard was made first commissioner, and Anthony ples restrained him, so that he could not go on, Keck and William Rawlinson were knighted, his affection would make him wish well to the and joined with him.-The Treasury being also cause, and would be so far a criminal as con- put in commission, lord Mordaunt, afterwards cealment could make him. Accordingly, he earl of Monmouth, was made first commisopposed the settlement with great earnestness; sioner. He was the first of all the English but always said, that though he would not nobility that came over to see the king when make a king, yet, upon his principles, he could prince of Orange. He was a man of much obey him when made, better than those, who heat, many notions, and full of discourse. He were so much for making one. The Tories was brave and generous, but had not true apprehended, that the opposition, which they judgment. His thoughts were indigested, and had given to the king's advancement, and the his secrets were soon known. Lord De la zeal, that the Whigs had shewn for it, would Mere, afterwards earl of Warrington, was alienate him from them, and throw him into chancellor of the exchequer. The lord Gothe others hands, from whom they could expect dolphin was likewise brought into the treano favour, but severe returns for the hardships sury, to the great grief of the other two, who they had put on the Whigs, the latter end of soon saw that the king considered him more king Charles 2's reign. These apprehensions than them both. For as he understood Treagrew daily amongst that party, and made them sury-business well, so his calm and cold way begin to look back towards king James. It suited the king's temper. Mr. Rd. Hampden was therefore thought advisable, in order to and sir Henry Capel were the other commisavoid exasperating so large a body, to employ sioners. The earls of Monmouth and Warthe earl of Nottingham. The great increase rington, though both staunch Whigs, became of business in chancery having led many to ap- great enemies. Monmouth generously gave prehend, that it was too much to be trusted the inferior places, but sought out men of with one person, it was resolved to put that republican principles: and Warrington is said court into commission, and the earl was pro- to sell every thing that was in his power.-The posed to be the first in the commission, but Admiralty was also committed to the care of he refused it, and accepted of the place of commissioners; and admiral Herbert, aftersecretary of state. This gave as much satis-wards earl of Torrington, was first in the comfaction to the Tories, as it begot distrust in the Whigs. The Tories hoped for protection and favour by his means; they reckoned, that he would infuse all the prerogative notions into the king, and give him such a jealousy of every step, that the Whigs should make in their prejudice, that from thence his majesty would see cause to suspect all the shew of kindness, that they might put on towards him, when at the same time they were undermining some of those prerogatives, for which the earl seemed to be so zealous. This had a great effect on the king, who being ignorant of the consti-haps ever bred in a court. He had a clear tution, and naturally cautious, saw reason enough to dislike the heat he found among those, who expressed much zeal for him, but who appeared, at the same time, to have it with a great mixture of republican principles. They on the other hand, were much offended at the employing the earl; and he gave them daily cause to be more displeased at it; for he set himself with a most eager partiality against the whole party, and against all the motions made by them; and he studied to possess the king with a very bad opinion of them. And whereas secretaries of state have a particular allowance for such spies, as they employ to procure intelligence, how exact soe mission. He was brother to chief justice Herbert. Being pressed by king James, to vote for the repeal of the Test, he absolutely refused, and chose rather than comply, to lose places "He was a younger brother of an antient family in Cornwall, that had been bred about king Charles 2 from a page, and was considered at the time that the earl of Sunderland, lord Hide, and he managed affairs, as one of the ablest men belonging to the court. He was the most silent and modest man that was per apprehension, and dispatched business with great method, and with so much temper, that he had no personal enemies. He loved gaming beyond what men of business usually do, and gave one reason for it, because it delivered him from much talking. He had true principles of religion and virtue, and was free from all vanity, and never heaped up wealth. He had much of the confidence of four succeeding kings. He was Secretary of State in 1684, which he quitted, and was made a Baron the same year. He was concerned in the scheme laid at lady Portsmouth's, by Barillon and lord Sunderland; and was sent by king James to the Prince of Orange at Hungerford." Tindal. the order of the garter.*—In this manner were settled the Court, the Council and the Ministry. As they chiefly consisted of Whigs, the Tories could not but he disgusted as well as some others who had expected a share in the promotions. These last, improving the disaffection and prejudices of the others, a faction was soon formed, which embraced all occasions to oppose and distress the administration. How early this opposition began, will appear in the proceedings of the Convention, which are now going to be related + The Convention turned into a Parliament.] The first thing that was judged necessary to be done was to turn the Convention into a Parliament. For it had been already said in the house of commons; that the Convention not having been called by the king's writs, their acts were not valid. To obviate this objection which might be infused into men's minds, and to avoid the usual delays, occasioned by the calling of a new parliament, and to preserve a great number of members, that were entirely satisfied with the present settlement, the king, the first time he advised with his privy-council, proposed the question to them "Whether the Convention might be legally turned into a Parliament?" As there were some in the council, who still adhered to forms, without considering the state of things, the council was divided upon the question, but the majority agreed in the affirmative. to the value of 4,000l. a year; though his circumstances were very indifferent. He was a man of great pride, as well as great humour, and set a high value on himself, and expected the same from others. With all this, he had a good understanding, and a great reputation for his conduct in sea affairs. He quitted king James and went over to Holland, and was made lieut. general admiral of the Dutch Fleet, that brought over the king. There were six other commissioners named with him.*-Nothing gave a more general satisfaction than the naming of the Judges, the king ordered every privy-counsellor to bring a list of twelve, and out of these, were chosen twelve very learned and worthy Judges. This nomination was generally well received over the nation. The first of these was sir John Holt, made lord chief justice of England, then a young man for so high a post, who maintained it during his whole life, with a high reputation for capacity, integrity, courage and great dispatch. So that since sir Matthew Hale's time, the King's-bench has not been so well filled as it was by him. The rest of the Judges were sir Wm. Dolben, sir Wm. Gregory, and Giles Eyre, justices of the King's-bench; sir Henry Pollexfen, lord chief justice, and sir John Powel, sir Tho. Rokeby, and Peyton Ventris, justices of the common pleas; sir Robert Atkins, lord chief baron, and sir Edward Nevil, Nicholas Lechmere, and Join Turton, barons of the exchequer; and John Trenchard, chief justice of The King's Speech to both Houses.] Feb. 18. Chester, sir George Treby, attorney general, Accordingly, this day, the king went in great John Somers, solicitor general, and Henry solemnity to the house of lords, and taking posPowle, master of the Rolls. All these employ-session of the throne, made the following Speech ments were disposed of at several times within the space of two months. And as Dr. Burnet had been one of the chief promoters of the Revolution, so he was the first ecclesiastic, who reaped the fruits of it, having been elected bishop of Sarum, pursuant to his majesty's Conge D'Elire, on the 9th of March, and consecrated on the 31st of the same month at Fulham, by the bishops of London, Winchester, Lincoln, Landaffe, St. Asaph, and Carlisle, by virtue of a commission from the abp. of Canterbury, who refused to perform the ceremony himself; and three days after the new bishop was sworn and admitted chancellor of to both houses: "My lords and gentlemen; I have lately told you how sensible I am of your kindness, and how much I value the confidence you have reposed in me. And I am come hither to assure you, that I shall never do any thing that may justly lessen your good opinion of me.-I think it necessary to acquaint you, that the condition of our Allies abroad, and particularly that of Holland, is such, that unless some speedy care be taken of them, they run a greater hazard than you would have them exposed to.-You yourselves must be sensible, that the posture of affairs here require your serious consideration; and that a good Settlement at home is necessary, not only for your own peace, but for the support of the Protes * These were the earl of Carbury, sir Michael Wharton, sir Thomas Lee, sir John Chichely, sir John Lowther of Whitehaven, and Mr. William Sacheverel. This last, who had "Archbishop Sancroft refused to consedistinguished himself by several speeches for crate him, but to avoid a premunire, he granted the bill of exclusion, being little acquainted a commission to any three of the bishops of his with maritime affairs, desired the king to province, in conjunction with the bishop of excuse him from acting at the admiralty board, London, to exercise his metropolitical authoon account of his insufficiency. The king re-rity during pleasure. Thus, he authorized plied, There are enough who do understand the business, which a man of sense would soon be master of, and he could depend on his integrity.' Sacheverel persisted in excusing himself saying, since he was not qualified for the service, he could not in conscience accept the salary Oldmixon, others to do, what he seemed to think an un- + Tindal's Continuation of Rapin, tant interest both here and abroad. And particularly the state of Ireland is such, that the dangers are grown too great to be obviated by any slow methods.-I must leave it to you, to consider of the most effectual ways of preventing the inconveniencies, which may arise by delays, and to judge what forms may be most proper to bring those things to pass for the good of the nation, which I am confident are in all your minds, and which, I on my part shall be always ready to promote." This Speech was received with a general applause; and pursuant to the last clause of it, the lords immediately brought in A Bill to remove and prevent all Questions and Disputes concerning the assembling and sitting of this present Parliament:' which was read twice that afternoon, passed the next day, and sent to the commons for their concurrence. Debate in the Commons on the King's Speech.] Feb. 19. The house went into a grand committee on the King's Speech. Mr. Medlicot. To prepare ourselves against any foreign invasion, or intestine troubles at home, there will be a necessity of raising Money, which must be done in a parliamentary way. And if we stay to call a new Parliament, it will be too late; therefore I move to turn this Convention into a Parliament. This being not convened in the royal name, I hope formalities will not be insisted upon to lose the substance. Resolving such an assembly into a Parliament is not without reason nor precedent, both formerly and lately. After the death of Win. the Conqueror, Robert being in Normandy, Wm. Rufus, the second brother, was declared king, by a mutual stipulation betwixt the king and people, in the nature of Magna Charta. In the 12th Ch. 2, a Convention was called at that king's instance when beyond sea it was called by desire of the king, when at Breda, and after it was convened several Acts passed; some were confirmed by the subsequent parliament, and some not; and those not confirmed were thought valid by the Judges. I infer from thence that the subjects may upon emergencies meet as well as if called formally by writ, when forms cannot be had; and move to have an Act to declare this a Parliament to all intents and purposes. Sir Rob. Sawyer. We are to consider the king's Speech, &c. for a speedy Settlement of the Nation; and the only way to come at this is a free parliament; and Money being the great matter to consider of, it cannot be raised without a parliament. There are some precedents spoken of, which, if they would at all come up to our case, I should agree to. What is mentioned of Wm. Rufus is mistaken as to the case of a Convention. There was no parliament seven days after he was elected: Lanfranc, abp. of Canterbury, and the rest of the bishops and clergy, were especially concerned in it, and by them he was declared king. As for the precedent spoken of, of the Convention in Ch. 2's time, that Convention was originally a Parliament, and by the seal of that time | called to meet in parliament, and had all the formality of the consent of the people; nay, every Act of Confirmation, in the subsequent parliament, styles them a Parliament at their first meeting; they were called by the government in esse at that time, and were returned as such; and to this parliament, before they did any thing, the king signified his approbation of their meeting; and when the king came into England, he called them a Parliament. There was then a king de facto, and a government de facto, and by his consent it is a parliament, and that gives it the virtue of a parliament. The calling it one way or other alters not the case; but the single thing I insist upon is the People's consent. We represent the People to this special purpose; that now, upon king James's withdrawing, we are called hither to supply that defect; and we can proceed no farther, till a Free Parliament with the People's consent be called. If this body may continue to act as a parliament, without breach of elections of the people, I should be for it. It cannot be done unless we break our trust. Therefore as that of Ch. 2 was a Parliament by the king's consent, therefore I move that the king may be advised to issue out new writs to call a parliament. Mr. Boscawen. I appeal to the house whether Sawyer be mistaken, or no, in several things he has said. I will say farther, that the People, who sent us hither, do not only assert the Government, but would have us prevent running back from whence we caine; and now that we are got to the top of the hill not to let all fall! I have not contributed to invade the liberties of the people, and am as far from it as that gentleman. But that Convention which brought in Ch. 2 was not so much a Parliament as this Convention. A Parliament is nothing but parler le ment. That parliament was called by some members included, and some excluded, the Long Parliament, by the Seal from the Keepers of the Liberties of England; and then with such limitations, that such and such were only to be returned, as if they were taking tests; none that had been engaged in the king's party during the war, nor the sons of them, unless they had given testimony of their affections to the government; which renders that parliament as far from freedom of choice, as white is from black. And in the Bill for Triennial Parliaments, the chancellor was of course to issue out writs, and for defect of his issuing them out, the officers of the country were to do it by themselves; from whence I gather, that there is no such essential thing as a Writ for chusing Members. If you take the advice of the learned gentleman (Sawyer) to call another parliament, and dissolve this, Ireland may be lost; and the king of France would give 100,000l. to accomplish it. I am jealous there is a snake hid in the grass, and that there is something more in this, than we see. Consider, if this be no Parliament, then you may suppose that the Throne never was vacant, and that it is now full; and how will you get a parliament ? and some look on the other side of the water. Upon the whole, I would consider the relief of Ireland, and to assist Holland, which has helped to preserve us, and take up this debate for the present. No other design can be in this, but to put us all to stand upon our guard again, and fight out our way, and be upon no bottom: if we retract, and go so far as is moved, we shall be ali ruined, and go back again to our misfortunes. Sir Tho. Clarges. I am not of Boscawen's mind. I hope I may say I never did any thing to infringe the Liberties of the People; and though the wind has been in my face, gentlemen that were never in the parliament before know, whither this matter may be carried. In the two last reigns, there was making distinctions of persons here; we were reproached that we voted against the king, when we gave our votes freely according to our judgments, and that, by these practices, we represented but part of the people, and not the whole nation. I meant no otherwise than that the king should govern well. I brought in the Habeas Corpus Bill, and what I say now is with my conscience and mind. As to what is now in debate, I hope we may have a freechosen Parliament in 25 days, the formality of 40 days from the test of the writ to the election not being necessary. In the Assembly at London before this Convention, the proposition was, how the prince of Orange might come to a free Parliament. It was advised, that Letters should be sent from the Prince into the counties and boroughs, &c. in order to the choice of a Free Parliament; and I gave my voice for it preparatory to that: and since it has been voted here, that the Throne was vacant, I am satisfied, though I was then against it. I question whether, upon this change, our alliances do subsist against that great monster the French king, who invades the Hollanders. I hope the Revenue, which is 2,200,000l. may support Ireland. When you met the 22d of Jan. and proposed that the Prince should have the Administration of the Government, you omitted one great thing; viz. to advise him to possess himself of the Revenue. I propose now that all the Revenue of James 2 may be used by the king, and there will be no fear of running back from whence we came, as you have been told; but by not calling a Parliament, we put all to hazard, and that the Money we shall raise will not be paid; and will the Judges in Westminster-Hall declare this to be a Parliament? I sat in the parliament of 1660, which had qualifications from the members, but they were not observed. It was summoned in March to meet the 25th of April. Here was then a king de jure kept out by wilful means. The Convention, in 1660, had Letters from the king, who recognized them a Parliament, and it was never called a Convention by the king, nor by any act of parliament; and the Acts afterwards ran Whereas by act of parliament, &c. Lord chief justice Hale, who sat in that parliament, was of opinion, it was a Parliament, and that they were under the trust of the People, and the writs that called us, were not called no writs; and if you make this a Parliament, you elude the Prince's Declaration, which says, 'No Money to be raised but by Parliament.' Can it have any other meaning than that writs shall be issued out to chuse a parliament; and shall we give occasion to say that the king enters into the government by prerogative, and our parting with our Privileges? It has been said, How can we have a Free Parliament chosen in time? The necessity of affairs cannot bear it.' I can consent to an Ordinance, or any declaratory instrument, that the Oaths and Test ought to be taken by members, before admitted: and when a Free Parliament shall meet, I doubt not but they will ratify what we shall do; and now, that there is a Revenue for the present necessity of affairs, and a new Great Seal now made to issue out writs of summons, who would put this upon a mere point, whether this be a parliament, or not? Debate on the Bull for preventing Doubts concerning the assembling and sitting of this Parliament.] This day, a Bill was sent from the lords to prevent all doubts and disputes, which may arise concerning the assembling and sitting of this present Parliament; which was read the first time. Mr. Hampden. I hope this bill will tend to your Settlement. I observe, the lords make it more frequent to read bills twice in a day than here. The house of commons are always strict to their Order; and I would not be thrust on by the lords to hasten the reading this bill. I move, that it may he read again to-morrow morning.-Which was ordered. Sir Edw. Seymour. I see gentlemen speak here under great disadvantages. If they are not free in this Convention, what shall we do in Parliament! When gentlemen speak with reflections, and cry, hear him, hear him,' they cannot speak with freedom. I speak not this to the Chair (the Speaker) who keeps order well, but to what passed at the committee. Shall you put it into the power of the lords to lay aside any of your debates, by sending you a bill down? I would not remove land-marks to posterity. If you are satisfied that this is not a pretended necessity, but really; not in name, as the ShipMoney was made, of necessity, which disturbed all your laws, I would have you leave the chair, and go into a Grand Committee, for freedom of debate, to establish our security upon a good foundation. It is not 4 or 500 votes can do it; but to arrive at the knowledge of this matter, I desire to go into a Grand Commit:ee. Sir Henry Capel. The Chair has taken care of order; and I have seen no disorder to-day. When Seymour was in the Chair, I have heard Hear him, bear him,' often said in the house. Seymour says, ' He would not have us tied up by the lords to what they do.' I take it, the lords and commons are to take A care of the government, and we ought to agree your Bill is to be committed by a question, and with the lords as soon as we can. Had the that is gaining the point. The point, then, is committee begun upon Heads, we might have only agreeing with the committee; but when it gone on; but by degrees we are gone into the comes to the house, you may throw it out, or matter of the lords Bill. Seymour told you, not. It is a matter of the greatest consideThat it was necessity that first brought on ration, that there should be freedom in dethe Ship-money' but it was the practice of ill bate. Some men can declare their thoughts ministers and lawyers, who turned old Rolls to at one time; others are not so happy, but ill interpretation against the Liberties of the must speak oftener. If, then, it be necessary People. If ever there was a necessity to war- to speak twice, God forbid but a gentleman rant making us a Parliament, there is one now. should do it! But if not, no man here can beAre we in Peace? Is the state of Christendom | lieve you are inclined to make this a free Parin so good a case as we can boast of? Seymourliament. I would proceed to the consideration tells you of the Great Man of War.' If you of the king's Speech. sit not here as a Parliament, the king of France will give millions to make a separation in the nation. Sir Tho. Clarges. I am called up by what fell from Capel about Peace, &c. I hear no war declared yet, but I would put nothing to hazard: You may have a Parliament in three weeks; and we are better justified in that than any other method. The Revenue for the present will supply Ireland. We have forces already in pay, besides those the king brought in. I am glad to see so many worthy persons promoted to dignities; and I believe they will preserve our privileges. But as to the method lately taken, to make distinctions, and to be pointed at in Westminster-Hall, as one of 150 against the Throne vacant; to have printed papers of men of one side and the other: yea, the Peers, I hope the gentlemen of the council will prevent these distinctions. Mr. Hampden. We are collaterally launching into what is not resolved on by the house; to talk of the formality of calling a Parliament in less than 40 days-But pray keep your own formalities. The motion to adjourn the debate must properly be put; or put any thing regularly, and I will serve you to an And' and an I. If you debate this, you would all day long debate what you resolve not, viz. Whether you will debate it, or not. Sir Rob. Howard. You have already resolved to read the lords Bill to-morrow, and then the proper debate will arise that you are upon to-day. I have heard no arguments today to discourage the debate. We are obliged to read the lords Bill a second time. Put the question for adjournment. Sir Rd. Temple. I hope we may arrive at all the ends that any gentleman can desire. Tomorrow, at the Grand Committee, you will have all the freedom of debate you can desire; and I would not anticipate the debate till it be regularly before you. But it is a strange thing I hear from Sawyer, That we cannot speak for the Bill at the first reading,' which you may throw out. Is it not a hard thing to speak against it, and not for it? Sir C. Musgrave. Gentlemen tell you, that the question is, Whether adjourn, or not? but with great submission, I affirm, Reasons may be given why you should not adjourn. You are told, When you read the Bill to-morrow, you have the same liberty as now;' but then Sir Edw. Seymour. I speak to order. It is not the lords Bill you are upon by order; it is the king's Speech, and you cannot restrain it. Feb. 20. Sir Henry Capel delivered a Message from the king, to hasten the matters before the house recommended in his Speech. After a long silence, Lord Falkland. The last part of the king's Speech ought to be considered first, as I take it. If we have not the power of a parliament, we can go upon nothing. There are precedents to justify the lords Bill that they have sent us. We have great works upon our hands; as that of the Relief of Ireland, and to assist our Allies, &c. and the Nation is in an unsettled condition. The lords Bill is a foundation for us to build upon : and I move, that we may follow the lords example. Mr. Howe. We have had learned discourses upon this subject yesterday, and precedents were brought us. If the matter arise upon what is law, I shall not speak to that part, nor what has been done formerly, but to what is fit now. I respect our ancestors, who always followed the necessity of affairs. It is unreasonable in a sick man not to take any physic but what has been prescribed him formerly. We are come out of the greatest tide; and, to prevent the danger, let us throw a good defence against it; but if we cannot make a perfect one, it is our malicious enemies that throw it down. The French king was so formerly, and our own late king, a Papist now in France. There is a certain sort of loyalty, called 'Passive Obedience,' preached by some of our Clergy, who would pick holes in our bank to keep out the tide. They say, Necessity has no law;' let us make one for it, and agree to the lords Bill. Serj. Maynard. I do not wonder that men are silent in a matter of so great consequence. On the consequence of this debate to-day will not only be the safety of the nation, but the Protestant Religion abroad. We make not a step, but we are told of errors in the method, still to put a stop to it. Here has been a great ado about words, the Crown vacant,' and Abdication.' And we have have been told what the People were, and that we must look to our safety' (by Sawyer ;) but you are past all these; and now you are moved to make this Convention a Parliament; but I think we |