occasions, to lodge such a trust, for some few months, against such persons as shall be justly suspected to conspire against the government, to support the government that has redeemed us from the danger of all our rights, secular and divine, we are to despair for tolerable terms to live and breathe in, without such helps. No man will use that for his constant diet, that is his physic when indisposed; and I foresce that such a censure may be made upon this. In all parliaments, they have found it necessary to lodge a trust in the crown: as when in Henry 8th's time there was a power pro interim, by proclamation, &c. and a disposing of the whole succession of the crown, in the recognition of queen Elizabeth, it is taken notice of, That that law of Henry 8 shall be a law in the government for ever.' Let no gentleman think hardly of this motion: I do not doubt but you will have a return suitable to the trust. My motion is, (and perfectly for righting myself, and the gentlemen that voted with me on Saturday, that we lie under no misconstruction without doors,)

debates in the matter, was represented as an artifice only, to save the affront of its being rejected. The earl of Shrewsbury was at the head of those, who pressed the Abjuration most; and therefore, upon this change of counsels, thought he could not serve the king longer with reputation or success. He saw the Whigs, by using his majesty ill, were driving him into the hands of the Tories; and he thought, that these would serve the king with more zeal, if he left his post. Besides, the credit that the marquis of Carmarthen had gained, was not easy to him. For these reasons he resolved to deliver up the seals as secretary of state. The king sent Dr. Tillotson, and all those who had most credit with the earl, to divert him from his resolution; but all was to no purpose. The agitation of mind which this gave his lordship, threw him into a fever, that almost cost him his life. The king pressed him to keep the seals till his return from Ireland, though he should not act as secretary; but he could not be prevailed upon.-The debate upon the Abjuration lasted longer in the house of lords. It had some variation from that which was proposed in the commons, and was properly an oath of a special fidelity to the king in opposition to king James. The Tories of fered, in bar to this, a negative engagement against assisting king James, or any of his instruments, knowing them to be such, with severe penalties on such as should refuse it. In opposition to this, it was said, that this was only an expedient to secure all king James's party, whatever should happen, since it left them the intire merit of being still in his interests, and only restrained them from putting any thing to hazard for him. The house was so near an equality in every division, that what was gained in one day, was lost in the next; and by the heat and length of those debates the session continued till June." Tindal.

‹ That a power, for some few months, be in the Crown to commit persons for treasonable correspondence against king William with king James, without bail.'

Sir John Thompson. If nothing but the danger of the people will be the security of the crown, I fear we are in an ill condition. You did not give power in the privy-counsel for six to commit without bail: yet they had the confidence, the parliament sitting, to imprison one of your members (lord Danby) Give me time, and my family, to go out of England, and pass this Act moved for with all my heart.

Sir Edw. Hussey. If there be such counsellors about the king, as to advise him to bring over lord Dunbarton's regiment; and if there be such lords about the king, as say, The Act of Recognition is neither good-sense nor reason I desire not to trust such with so great a power as is moved for.

Sir Wm. Whitlock. I never thought of such a motion to be made; and I hope that no Englishman will give his consent to it. I will not trust the government with six privy-counsellors, nor six-score. It is strange that the government of England should be brought to that pass, to be inconsistent with the safety of the people.

Sir Henry Goodrick. There was a bill brought in to secure the government, by an Oath of Abjuration, &c. It is now proposed that, after all the informations of caballing against the government, both by Papists, and worse, there seems something wanting in the law to secure them. Let gentlemen, who were engaged in the last Revolution, consider, if king James had pursued the advice, to have sent for the heads of parties against him, and clapped them up, where had the Revolution been? We have informations out of Lancashire, a chain of intelligence of persons plotting against the government; but they are all gone, the birds are flown and the king going now upon a hazardous expedition, there will be a great check upon proceedings, without this bill, for the queen to govern in his absence. If your Militia be in so ill a condition, that they have no arms nor aminunition, what remedy is there but this motion for suspension of the Habeas Corpus act, but for a few months, not perpetual, nor final? My request to the house is, as you tender the safety of all that is dear to you, that such a power may be vested. I, as an, Englishman, ask it, and dare ask it.

:

Mr. Harcourt. As we are sent here to preserve the liberties of England, so there is no greater security for them than this Act, and I think I have acquitted my trust very ill, if I give it up; a security,' a member told you Clarges) you had struggled many years for, and it is that now we contend for. It has been already suspended three times, and now you will do it a fourth! Suspending it thus

*This regiment had been sent over to Holland, for being concerned in a mutiny.

upon every occasion will, at last, amount to a repeal. At this particular time, now we have an Army of Foreigners in our bowels, we should rather increase our liberties than diminish them.

Sir Christ. Musgrave. There was a time when the subject was removed from one prison to another, and the act evaded, though at the last he obtained this act, which makes a penalty upon the government that refused it. Are we entrusted with the people's liberties, and shall we thus part with them? If there be a suspicion upon any man of disturbing the government, the law justifies clapping him up. There is no end of this; the nation in fear of one man, and another that is disaffected to the government, is clapped up in prison to endanger bis health, and ruin his fortune, and destroy his reputation in the government-Who will deal with them? I will not, I assure you. We have laid a load upon our estates, and now to lay a weight upon our liberties! No; I am not for that. That government is precarious that must be supported by taking away the liberty of the subject.

Sir Robert Rich. I was one that vowed never to give my consent to the suspending that Act; while I live, I shall ever make it my darling. It was thought then necessary when we parted with it, but those that were to be clapped up by it, walked in the court of Requests, and nothing was said to them. I am subject to the law, but would have no law strained upon me.

Col. Granville. I am surprised to hear a gentleman so forward, t'other day, to lodge a power in two justices of the peace to give the Oath of Abjuration, and now not to give this power to the king's privy-council. If men will not renounce king James, there ought to be a power to secure us from known enemies, and because I would not put arbitrary power into any man's hand, I shall propose an Oath now, which no man will refuse; To swear to king William and queen Mary, their heirs and successors, according to the Act of Settlement the last parliament, against king James, and his adherents.' We have found the name and effect of tyrannical king James, and I hope we shall defend ourselves from the return of it.

Sir Robert Rich. I am one of those who make no difference to swear allegiance to this king, and to renounce king James; but as to imprisonment without bail, I intended not to come up to that then, nor ever will.

Sir John Lowther. I hope you will believe that I will do nothing to destroy the liberties of the nation; but am for suspending any law, when the safety of the nation depends upon it. I will not say where the fault lies, that the nation is under these exigencies, but one reason is, that Judgments are not united, and, where there are divisions, it is impossible the public service can go on. Where a man is willing to sacrifice all, he is never so secure but he may have the censure of one or other, though I am satisfied in my conscience I do not deserve it.

The government is in necessity, and at a stop. There is Credit given, but, after all, when we do that which destroys it, that Credit will be ineffectual. What I told you before was, that whether they judge right or wrong, if there be designs, and if any thing here seems to countenance the designs of king James, they will not lend Money, and it will be impossible to defend ourselves. The Oath of Abjuration is too extensive, and might have been mended, and since, nothing comes to supply it, and the Vote is gone over all England. Every body abroad makes not the judgment of it that you do; and, if you tell them you had no such meaning, but to support the government, and tell them all the arguments; that the house of commons wanted precedents to do this, &c. but by their representatives in the house of commons, that goes abroad as the bonest meaning of the gentlemen here--This being your case, and as the government must be carried on with Credit, I shall offer to propose something for your security; that something may be done to those we represent abroad, as well as our own safety within these walls. Every man ought to swear to be true to the government, and not to take up arius against it. Time, place, and circumstances, give the force to actions. All this considered, I desire you will give leave for such a Bill, to impower the king to imprison such as he suspects, and an Oath to all in authority, not to aid king James.

Sir Edmund Jennings. I was of king James's parliament, and the first that took exceptions against his Speech. I was against the Bill of Abjuration on Saturday, and for one reason, though not mentioned, and it was for the sake of the Dissenters. How could it be supposed that they should take such au oath, quite contrary to their Address to king James before? And they will be as ready to take an oath against king William upon occasion. It is the monarchy that is aimed at. I am for a bill of this nature, and an Oath, as has been moved.

Sir Edw. Seymour. The debate now is the effect of that on Saturday. I did not like the proposition then, and do as little affect this now. I shall be glad to return their kindness, and speak, some of their arguments to-day. One would repeal the Habeas Corpus Act, and have another Oath-I take it only to be a way to make way for dispensing with the Habeas Corpus Act. You have been presented with several reasons for it; though gentlemen did so mistrust themselves, that they did not name them. The liberty of the subject is always under the care of the law, not to be imprisoned without a cause. A lord antiently could not imprison his bondman without cause, and our ancestors were very improvident, if they left others the liberty of our persons; for the same necessity opens a door for my goods and lands, as for my person-Here is an expedient to prevent assisting king James. Can it be imagined either of Papists, or those of particular dependencies? As for the Papists, the law against them already is so far from perse

tlemen, It shall be always my endeavour to employ such persons as shall be most serviceable to the Church and State."

April 29. The house went into a grand cominittee, on securing the Government under king William and queen Mary against the late king James, and all his Adherents.

Sir Edm. Jennings. I would have the Militia considered, that there may be some way to call them together for some farther time; and as to the papists, that they stir not from their houses.

Serjeant Maynard. If you would defend yourselves from danger, consider what that danger is, and the cause of that danger. The Militia is in very bad condition. You have a great enemy, the French king, and all the malice imaginable against you from a potent adversary. The Oath is but security to perform our duty; but, when conquered, it is no more our duty; it would make a nad world, if otherwise. I would have an Oath, not to hear or know any thing prejudicial to the present king or government, without discovering it to some privy-counsellor, and to have no correspondence or pension from the French king.'

Col. Granville. When I heard the order of the day read, I thought our safety so much concerned, that, instead of breaking a jest, (Napier) every body would rather contribute to the general security. The order of the day tells you of one of your enemies, your chiefest, king James. The business of the day is to find out his adherents. For ought I know, they are here, and there, and amongst us; perhaps in the very Militia. These two or three days debates convince me, that there is no Test great enough, but wherein king James is named; and those that will not declare against him, I shall always think enemies; and I hope, now we are rid of him, to keep ourselves upon a protestant foundation. Let this be tendered to people suspected, not with that latitude, that justices of the peace may tender it to whom they please; but that the queen, in the king's absence, may cause it to be tendered where there is just cause to suspect. When a man has once given security to the government, he cares not how often he repeats it. The business of the day is, to fortify ourselves against our enemies, that papists give security to the government, and that protestants go not about the streets to corrupt people against the government. I therefore move for a Test against king James.'

Sir John Thompson. My motion was, To take the State of the Nation into consideration;' 90,000 men, that are their own masters, will make every body afraid of them.

Sir Joseph Williamson. This day looks melancholy; many worthy and judicious members sit silent, and are not helpful. It is moved To consider the State of the Nation,' which is not only the greatest, but most powerful; but the greatest of all misfortunes is, to be divided at home. If we do not discover before

they begin insurrections, it will be too late to suppress them. I hope for better effects abroad, if we do something of this nature, a tye between sovereign and people suitable to the great Revolution. I wonder that the Oaths of Allegiance we take to the crown, did not tye people to defend the crown, and that might answer the intention of the government. I would take in the Quakers; they were in with king James, and are factors for him still. I would have them protest and declare, subscribe and renounce all correspondence with the king's enemies, and particularly with king James, and the French king, and all their adherents; and I wonder how this was left out in the last Oath. Do something of this in the first place, and then in the Militia.

Resolved, "That it is the opinion of this committee, That as one Head of a Bill for securing the Government, &c. by order from their majesties, the lord-lieutenants and deputylieutenants be impowered to draw together the Militia with a month's pay notwithstanding the month's pay already advanced to the Militia be not yet reimbursed; and for a longer time than the law already allows. 2. That as another Head, all Papists, or reputed Papists, be obliged forthwith to repair to and continue at their respective dwellings; and not to depart from thence above the distance of miles, without licence; and that, if they be found at a greater distance, they be taken to be Papists convict, to all intents and purposes whatsoever. 3. That, as another Head, a Test, or Declaration of Fidelity to the Government under their present majesties, against the late king James, and all his adherents, and all other enemies to the present government, as it is now established in Church and State, be enjoined to be made, repeated, and subscribed by all persons above 16 years of age."-Which being reported, were agreed to by the house; and a Bill was ordered to be brought in accordingly *.

Debate on the Regency Bill.] April 30. An ingrossed Bill from the lords, for the exercise of the Government by her majesty, in the king's absence, commonly called the Regeacy-Bill," was read the second time.

Mr. Hampden. This bill is of great importance, and of great necessity. Something, and something of this purpose, must be. This is to be done, and very hard to be done. If the bill

* "The Tories, aware that the rejection of the Oath of Abjuration would be made a pretext for infusing suspicions of their loyalty into the minds of the people, embraced the first opportunity to avert them, by proposing other measures for the security of the present government. The Suspension of the Habeas Corpus, the most obvious and effectual plan for this end, afforded their opponents advantages of argument, which they were unable to defeat by influence alone; they therefore had recourse to such moderate resolutions as were carried by the approbation of every party." Somerville.

Serjeant Maynard. It is worthy our consideration, what council the king will leave with the queen. If the Bill pass as it is, all the justices of the peace in England are none. I think, for my part, that they are determined. There must be some provision, that those commissioners do not determine. All the regal power now is acted in the name of the king and queen; as this Act is now penned, how can any man distinguish those in the whole regal government? Another thing;—in the king's absence, do you take all power from the king, that he can do nothing but by commission from the queen? This is of vast consequence, in a hot war with a mighty power, and all that is done in the name of king James. This makes the king no king, and queen no queen.

Serjeant Tremaine. I have looked upon this Bill to be of great consequence; and great care must be taken that we have some security in the king's absence. There are some objections against it. I find the Bill says, The regal government of England, and dominions thereunto belonging, shall be in the queen.' By this it is a great doubt, when the king comes into Ireland, whether he has any power at all in Ireland. Ireland is but an appendage to England, and no other person can have it but the queen; so that if the king comes into Ireland, that he may be in a capacity to do something, it will be your wisdom to put it out of all doubt. The Bill says, The administration shall be in the queen;' if she dies what then shall become of the government? Here will be a failure, and a stop.

Sir Rob. Sawyer. All that objection may be easily obviated, leaving out the word Territories; when it comes to England and the plantations, Territories' make it very doubtful. Then there is another objection, What if the queen die? But that runs to whomsoever is made Custos Regni ; and, no doubt, there is a ceasure of the administration. A Custos Regni has been settled by act of parliament; and the same objection made then as now. Another objection is made, That the commissions in the king's name are all determined;' of that there is no colour. All commissions are from the king and queen; if once under the seal, it is a sufficient authority for all persons to act. The Custos Regni never removed any Commissions; they all run in the king's name. The administration is nothing but to make the

Sir John Guise. It is absolutely necessary, that this bill be committed. I think Sawyer does not take it right; and possibly I may think as well of some, as of some others. I should be glad to hear, from the learned counsel, whether these commissions cease, or not?

Earl of Ranelagh. When the king is in Ireland, he gives commissions as king of England, not as general of the army, surely.

Col. Birch. To my mean capacity, this is a most dangerous bill, and I do not know who is safe under it. The king's going to Ireland is another thing than if he had gone the 10th of March. The difficulty and danger is greater, and such an one, as we stand in relation to our own differences, and the power against us. We have a brave ariny, a gallant army; but so disappointed, that I fear the consequence: and should the king be in Ireland, and cannot come over to us, upon occasion, what condition are we in!

Your commissions voided all in a lump; and who shall those commissioners be that must turn the whole in the king's absence? From what has been done, you may guess what will be done. By what has passed already, I am of opinion, that the Bill is impracticable, and I would lay it aside.

Serjeant Blencoe. It is said, 'The king leaving the kingdom, all commissions cease. In answer to voiding the commissions, it is said, 'That those commissions continue:' But when the king is gone, it determines that power. All those authorities derived from those commissions cease, because the authorities cease.

Mr. Finch. I stand up for commitment of the bill. I desire those gentlemen to declare, whether the queen be declared a subject by this bill.

Sir Rob. Howard. I think you may declare the king as well no king, by the bill.

Sir Tho. Lee. All agree, that it will be a great difficulty. I consider this law of transfering the administration; it is a new word, but will carry all the rights along with it, as if the crown had descended. You are told of a saving for Ireland; but there must be another saving; for if Ireland be not reduced this summer, we are all miserable. If the king can find it expedient not to go, it would be very happy; but to reduce him to the necessity not to go, nor to stay! I think, if the king should have advice of things from France and England, when in Ireland, I see no power, by the bill, that he has of one ship. I would see, whether the long robe can bring this to the ancient custom of Regency. What if this bill had been turned to enable the king to make a Custos by parliament? This is a hint to the long robe that I dare not venture upon. I would not interfere with the king's measures, which, I be lieve, are taken with great deliberation; there fore go into a committee to-morrow.--The Bill was ordered to be committed.

Ordered, "That Mr. Rowe (member for St.