Members, and no man can imagine the Peers thought it our judging them. A Gentleman born petitioned to be discharged his employment, but could not obtain it.-The inconvenience and burthen is now ten years Parliament, but that must not be a pretence for abfence; but when you come to a divifion of eightfcore, rarely three hundred, this fhews the world that you take it to be your intereft to have a full House; and this will carry on the weighty affairs of the kingdom, which are not frivolous, and fo the Lords can take no exceptions at your preamble.

"Sir Thomas Meres.]

The greatest evil in the world is a thin Houfe; the very noife of this clause has fent people up.

"Mr. Vaughan.] Whoever is elected is in as great a trust as a man can be capable of; either by his abfence he indulges his own private affairs, or neglects your fervice; and they deserve a mark not to be chofen for the future; they that abfent themselves from your judgment, deferve to have your judgment paffed upon them.

"Sir Henry Herbert.] Meres faid, "He was cold when the House was empty;" "he may be too hot when it is full.Doubts whether in punifhing thefe Members, we punifh not ourfelves-Privileges of Parliament are non fo che, as the Italian fays, neither described nor circumfcribed.. -Would have the Members fent for in cuftody.

"Sir John Duncombe.]

Do you want power to punish, when you can fend them to the Tower, and fine them?

The Claufe was rejected, 115 to 98."

From this Debate we may judge, that attendance in Parliament was formerly held to be, what it certainly is, an indifpenfible duty but we fee many inftances in which impunity multiplies omiffions of duty, till cuftom at length feems to tolerate a total neglect. Certain we are, that if the attendance of the reprefentative Body was properly enforced, that fingle provifion alone would do more to fecure the independence of Parliament, than all the laws against bribery and corruption.

Among other symptoms of the jealoufy of these times against Courtiers, the following debate concerning the Speaker, is not the leaft remarkable.

"Sir Thomas Littleton.] Many exceptions were taken against your fervice, when you was laft called to the chair-Excepts that you are a Privy-counfellor; hardly a precedent, at

leaft

leaft not fince the Reformation-Speakers in Queen Mary's time, were chosen for the re-eftablishment of the Roman religion-You might be made a Privy-counfellor afterwards, as a reward for your fervice, but not whilft you are Speaker-Other offices you hold inconfiftent with that chair, and have admittance to the most fecret councils; and how improper is that, we having no man to prefent our grievances but you! You are too big for that chair and for us; and you, that are one of the Governors of the world, to be our fervant, is incongruousAnd as Cartaret, Treafurer of the Navy, in that place, [which you hold] took up the main bufinefs of a feffion; by way of fuppofition, if that fhould happen again, were it proper for you to be in the chair; for who [then] will be fo much concerned? Moves for a Speaker, pro tempore, and it is very incongruous you fhould fit, when fo immediately concerned.

"Sir Thomas Clarges.] Thinks what has been faid fo rational, that he cannot think that any man can be against itWe entrust you with all our fecrets; and in your predeceffors times no Speaker had liberty to go to the Court without leaveIt is the Order, "That when any reflection is upon a Member, he ftands up, and fpeaks his defence, and retires;" and would have it fo now.

"Sir William Portman.] What we fay here can be no secret among four hundred men; perfons in the hall know what we do: craves leave that fome precedents out of Hackwell's book, of Speakers being Privy-counfellors, may be read.

"Sir Jofeph Tredenham.] Former ages have none more fit for Speakers than Privy-counfellors.-Sir John Bushell, who was Favourite to Richard the fecond, was Speaker of all the Parliaments in his time.-Sir Thomas More in 14 Henry 8thIn 4 Queen Mary, Cordell, a Privy-counsellor-Has it ever been objected, that a Privy-counsellor cannot be a Parliamentman? We have often made ufe of Privy-counfellors to fend meflages by to the King-The eyes of all the kingdoms are upon our actions. It is a mark of the King's favour that you are in the chair.-Would have it referred to a Committee, but not to quit the chair, that being a yielding of the queftion.

"Sir John Birckenhead.] Never was it an exception against any man before in your chair, that he was a Privy-counsellor; if any precedent can be of it, then turn me out of the Houfe. The making of him Speaker is the King's and your joint actIf any complaint be against you, anfwer it, but for Caufa pau- in dita it was never heard of. It is clear, that the first Speaker, Hungerford, was of the Privy-council, and he was ex concili

Domini

Domini Regis-Froifard, the Hiftorian, was another, no Gownman.. Sir Thomas Gargrave, of the Queen's honourable Council, [many may fay of the Council of the North] a Speaker, in Henry the eighth's time, and a great Inftrument of the Reformation. This will reflect upon the King's making you a Privy-counsellor. Never any Speaker quitted the chair upon

that account.

"Mr. Powle.] Is not envious at your promotion, but thinks it an improper thing for you to be in the chair, and both inconvenient to the King and this Houfe; the King's welfare confifts in the freedom of this Houfe. When you are a Privy-counfellor, and so near the King, your frowns may be a terror to any man that shall speak how the Council have mifled the King, and given him counsel to overtop us; you are a public Accomptant of the King's revenue, and vaft fums must go through your hands, and can we make complaint to you of your own mifdemeanors? Or take measures from any perfon but from the intention of this Houfe?-Believes that the precedents will fail; at this time, moft efpecially, would not have it; for if allowed once, it may be always fo by precedent.— The precedent of the Speaker in Richard the fecond's time, an ill one. That Speaker was a Minion of the King, but no Counsellor, as the record fays; he was greatly the occafion of the misfortunes of thofe times.-1ft and 2d of Philip and Mary, unprofperous times; in two Parliaments they could do nothing; but when Highems was Speaker, the obedience to the Pope was confirmed-He was not fworn Counsellor till ten months after; and Cordell was not Counsellor till fome time after.

"Mr. William Harbord.] Tells the Speaker, that you expofe the honour of the Houfe, in reforting to gaming-houses, with foreigners as well as Englishmen, and ill places; takes this to be a great mifdemeanor. As for your being a Privy-counfellor, thinks that no exception, but is forry to fee the honour of the House expofed.-Thinks you to be an unfit perfon to be Speaker, by your way of living.

"Colonel Strangways.] What he has heard to day weighs not with him; exceptions against the Speaker, as a Privy-counfellor, will be a garbling the House. You are charged here for being a Gamefter; wishes men were guilty of no greater crimeThe Judges may as well be excepted againft.

The Speaker rofe up, and complimented the House to this effect; That he held no employment a greater honour to him than that which he had in their fervice," &c.

[The

[The question being propounded, that Mr. Speaker do leave the chair, and a Speaker, pro tempore, be appointed: the queftion being put, that that question be now put, it paffed in the negative.]

The fubject of this debate is of too delicate a nature for our animadverfion; but we will venture to fay, that fuch as are not prejudiced by modern practice, will not think these jealous apprehenfions altogether groundless: though we have lived to fee a promotion which gave fuch alarm to our ancestors, now conferred of course, as a mere incident to the office.

They who are acquainted with the hiftory of these times, know that the Ministry, distinguished by the name of the Cabal*, were extremely obnoxious to the people, and fome of the most fpirited and interesting debates in these volumes, relate to the removal of those evil Counsellors, which was not only propofed by way of direct motion, but fometimes fuggefted incidentally. For inftance, on a debate for a Supply, we find it introduced among the following grievances.

"Sir Thomas Meres.] When we speak of a standing army, we are answered, "Cannot the King raise what men he pleases?" And to the French League, "Cannot the King make Leagues?" Yet the King cannot have money without the House of Commons.-What war can the King make, when the House of Commons fhall form him out of it?" To which he thus answers: in fuch great wars as this, and in most wars, the Kings of ENGLAND have advifed with their Parliaments; believes that it might be the King's intention to do so, however advised to the contrary; we owned not the war in the last tax. -The King may make war, but the House of Commons may or may not give money.-Other grievances there are, as evil Counsellors; to which it will be faid, Cannot the King chufe his own Servants? And that is plaufible. Should these things be amended, we would give money."

But in the debates concerning the removal of Lauderdale and Buckingham, we find the complaint against evil Counsellors preffed more directly, and in very extraordinary terms. It may be neceffary to premife, that Lauderdale was fuppofed to have advised the King to enforce the obfervance of, what he called, his Edits; and to have added, that his Majefty's Edicts were. above the laws. This occafioned a motion to addrefs the King,

They were called a Cabal, from the initial letters of the titles of the perfons who compofed it, viz. Clifford, Arlington, Buckingham, Ale, and Lauderdale.

REV. Feb. 1763.

K

for

for his removal; and in the debate of this propofition, a Member expreffed himfelf as follows.

"Mr. Powle.] —— Lauderdale afferted, " Edicts fuperior to law;" and it was spoken in the presence of the King and Council; no greater argument, though fome, he doubts not, have done it privately, but he publicly.-Hamilton's book afferts the King's authority of raifing money without Parliament, and it was countenanced by Lauderdale in 1667-When Lord Rothes was Commiffioner, then was the foundation of this army; but it came not to maturity till 1669, when Lauderdale was Commiffioner, it was then kept on foot, and boasted of.It is not unknown at what vaft greatnefs this perfon has lived, thereby bringing the King into neceffity, and disobliging the Houfe, that we fhould not fupply.-Lauderdale fued out the King's pardon; a new trick our great men have gotten, fearing our enquiry, and would arm themselves against us by the King's pardon; let this be confidered, and weighed well. Lefs crimes than thefe have brought men to the scaffold, but the temper of this Houfe is not defirous of blood. The 5 of Richard the 2d; Counsellors were removed without caufe; the people only spoke ill of them. 20 Henry VI. the Lord Dudley for the fame cause It may be the cafe of Peers of England, and this upon no other article, but merely the people speaking ill of them. 3 Charles I. Remonftrance against the Duke of Bucks, Bishop Neale, and Archbishop Laud, to be removed, as evil Counsellors.-Moves, that this great perfon, the Duke of Lauderdale, may be for ever removed from the King's prefence.

"Mr. Secretary Coventry. ] To condemn a man without hearing, he never knew the precedent before in this House.

Mr. Stockdale.] If for taking away blood, witneffes must be fworn; but to remove this man, you have teftimony fuffici ent to ground an address to the King; so notorious a man!

"Sir Robert Carr.] A perfon was accufed, and you gave a day-Moves to confider of it.

Colonel Birch.] It is true, there was a perfon had a day, but he had no pardon, and he would have Lauderdale fent where "Edicts" are in fashion.

"Sir John Duncombe.] It is hard to condemn a man without being heard; "Removed from the King's presence" is as hard a judgment as a man can have-Thinks it worthy confideration to give him a day.

"Sir John Trevor.] If you proceed merely to fufpend him from the King's" councils," you may do it, but if, from the King's " prefence,"

3