vernment must have devolved upon the people collectively, and the Convention had no authority to act as Representatives. Having declared the throne vacant, at a fubfequent meeting it was debated, how to fill it, and what power fhould be given to the King. "Mr. Garroway.] We have had fuch violations of our liberties in the last reigns, that the Prince of Orange cannot take it ill, if we make conditions, to fecure ourselves for the future; and in it we shall do but justice to those who fent us hither, and not deliver them up without very good reafon." "Sir William Williams.] When we have confidered the preservation of the laws of England for the future, then it will be time to confider the perfons to fill the throne. The Prince's declaration has given us a fair platform. Some of your laws have been very grievous to the people, though not grievances; and, perhaps, thofe occafioned arbitrary government. Those are to be redreffed. Because King Charles the fecond was called home by the convention, and nothing fettled, you found the confequence. Charles the fecond was a young man, in the ftrength of his youth, and, you know, much money was given him, and what became of it. The act of the Militia is worthy your confideration; and he in whose hands you will put it, should be our head. I take it to be your fecurity to fettle your fafety for the future, and then to confider the perfon. I now speak for all England. I would confider purging corporations, and arbitrary power given by the late King to the Judges: weak Judges will do weak things; their Mafter commands them; they read no books, and know nothing to the contrary. I could give many more instances." "Sir Richard Temple.] I hope you will not leave, till you fee how we got out of our rights. Secure your liberties, and you cannot better recommend the government to one to fucceed, than by fettling these things. I will reduce my thoughts to three heads effentially neceffary. 1. Encroachment upon Parliament, (though in the hands where you will place the government there may be no danger) to fecure pofterity; and you may have time to call perfons to account that break Parliaments, when they will not do what pleafed; to provide for their certainty and frequency, and that perfons obtain not pardons when they have ruined the nation; and to provide for Elections of Parliaments, that corporations may not be made tools to nominate whom they pleafe; to provide against a standing army without confent of Parliament, not in peace, when there is no war nor rebellion. An army was no part of the government, till the late King's Ee 2 time. time. The militia act was made ufe of to difarm all England. 2. Your care should be, that Westminster-Hall be better filled with Judges; and not under pretence of the King's prerogative, to give away all. That the Judges be "during life," and that they have falaries inflead of fees: that Sheriffs make not unjust returns of juries, and that Weftminfter-Hall have as little power as you can. Formerly Weftminster-Hall decided not great cafes, but left them to Parliament. The Judges now do not only Lex dicere, but facere. In new and difficult cafes, this will be the way to preserve you from what they are bid to judge. 3. The coronation oath to be taken upon entrance into the government; and, as we are fworn to our Kings, fo they be fworn to protect us. Purfue the ends of the Prince's declaration, with fome fuch fecurities as I have mentioned, that these things may be taken care of; to recommend to pofterity what you have done for them." "Mr. Bofcawen.] We know that the Prince's declaration purfues all thofe ends mentioned. But arbitrary government was not only by the late King that is gone, but by his Ministers, and farthered by extravagant acts of the long Parliament. The act for regulating corporations was upon a fpecious pretence to fecure the Crown; but had the end with the commiffions for regulating corporations. Though ever fo loyal, yet if they differed from the defigns of the Ministry, they were put out. The Militia, under pretence of perfons difturbing the government, difarmed and imprifoned men without any caufe: I myself was fo dealt with. There is a clause in the militia act, for a week's tax after 70,000l. for trophies, and not to exceed it; but as it is now practifed, two or three years have been collected together, without regard to the act. Arbitrary power is ill in a Prince, but abominable to one another. The triennial bill for Parliaments was but a device, when we were going into flavery; but by fuch an act, if we have no redrefs of grievances (as Mr. Vaughan, of this Houfe, then faid, who was as much for the King as any) "better to have no law at all." I move, that these things may be taken into confideration. "Refolved, That before the Committee proceed to fill the throne, now vacant, they will proceed to fecure our religion, laws, and liberties." Serjeant Maynard.] I agree to the vote; but I fear, if we look fo much one way on arbitrary government, we may fit for five years, and never come to an end of what has been moved. One fays, In the Saxon time, the people were much puzzled. One King made one law, and another King another.' Another drives at a new Magna Charta. The former Parlia ments ments cared not which way they run, fo penfions were paid.The management of the Militia was an abominable thing.Many fpeak in coffee-houses, and better places, of fine things for you to do, that you may do nothing, but fpend your health, and be in confufion.-Take care of overloading your horfe, not to undertake too many things. I would go only to obvious and apparent, and not into particulars too much." "Lord Falkland. We muft not only change hands, but things; not only take care that we have a King and Prince over us, but that for the future he may not govern ill. Some, perhaps, are diffatisfied with the power, fome with the army-it is for the people's fake we do all, that pofterity may never be in danger of popery and arbitrary power. "Mr. Sacheverell.] Since God hath put this opportunity into our hands, all the world will laugh at us, if we make a half Jettlement. As the cafe ftands, no man can tell that what he has is his own. Unless you look backward, how men have been imprisoned, fined, feverely dealt with; the fame may happen to other Gentlemen. We must look a great way backward. I cannot find three laws, from twenty years upwards, that deferve to be continued. In the great joy of the King's return, the Parliament overfhot themselves fo much, and to redress a few grievances, they got fo much money, that they could live without you; penfions were agreed for fo much in the hundred for all they gave; warrants of commitments, arms taken from perfons, &c. They were ill affected to the government, because they endeavoured to choose perfons they liked not. You may look back a great way; but fecure this Houfe, that Parliaments be duly chofen, and not kicked out at pleasure; which never could have been done without fuch an extravagant revenue, that they might never ftand in need of Parliaments. Secure the right of elections, and the legislative power." "Mr. Pollexfen.] Firft make a fettlement of the laws, that they may be afferted, and thofe muft all be confulted by Lords and Commons; and then fettle the Crown. Every man fees the nature of this propofition; I am as much for the amendment of the government as any man, and for repreffing the exorbitances of it; but the way you are in will not fettle the government, but reftore King James again. If but a noife of this goes beyond fea, that you are making laws to bind your Prince, it will tend to confufion. The greatest enemy you have cannot advife better. One kingdom is gone already; and this is in confufion. Some of the Clergy are for one thing, fome for another; I think they fearce know what they would have: and the more we divide, the more it makes way for the popish interEe 3 eft. eft. Popery is the fear of the nation; and all that voted against popery, may fear popery. But now we begin to forget it. Formerly it was thought impoffible that popery should come in, and that the Tefts would keep it out.-But how can we bring to pafs all there propofals before he is King? We cannot; and when he is King, perhaps he will not pats thefe into laws. -To ftand talking and making laws, and in the meantime have no government at all! They hope better things from our actions abroad, and a better foundation of the proteftant intereft. The Prince's de laration is the caufe of your coming hither, that the kingdom may be established, and the laws and government fecured from being fubve ted again. If we ftand talking here, we fhall do as ftrange things as those who prevailed by arms in the late times; and, not coming to a fettlement, it ended in their own deftruction, and never came into any fettled government; fo the authority of the King fwept away all at last. We lately had a bill of exclufion; it was talked of fo long, that both parties fuffered; one formerly, the other fince. A law you cannot make till you have a King. The thing you go upon is not practicable: one Gentleman is of opinion, to take away all the laws fince this King came to the Crown;" another, to make a new Magna Charta.' If you fit till all these motions are confidered, we may think to make our peace with King James as well as we can, and go home." 6 "Mr. Garroway.] I would not draw this debate out at length; fomething must be done: a great many things have been named by feveral perfons to be redreffed. I hope we do not go about to fit here till all be done. All we can do for the prefent is, to repr. fent to the Prince, that these things may be done; and, under fome fhort heads, to prefent the Prince with what you would have done, to give fecurity to the government; and let an oath be admini tered to him; and in a few days you may come to your end.” "Mr. Seymour.] We fhall fuffer by our doing, more than by reafon of not doing at all. Will you think fit to leave the difp nfing power unqueftioned in Weftminster-Hall? Though the clock do not ftrike twelve at once, muft it not ftrike at all? Will you do nothing, because you cannot do all ? Will you let men go on in the fame practices they have formerly? Will you ellablifh the Crown, and not fecure yourfelves? What care I for what is done abroad, if we must be flaves in England, in this or that man's power? If people are drunk and rude below, as was complained of, muft that ftop proceedings in Parliament?" "Sir Thomas Lee.] I find there is a difference in the com415 mittee, how to wo;d the question. I know not how to propofe words to reach every man's fente. If you put it fo general, how our liberties have been invaded, perhaps a few days will state it. There was an opinion formerly, of the long robe, that must be exploded, that the King may raife what army he pleases, if he pay them.' That is the fupport of flavery, when there is other support to the King than the people's affections to their Prince." ' "Colonel Birch.] I am as much afraid of losing time as any body whereas diforders of the army in Ireland are spoken of, they will be ftill worfe, unless provifion be made to keep us from flavery and popery. I differ from what Gentlemen say, as to the time it will take you up. I think it will not take you a day's time, when you have filled the vacancy of the throne. Prepare what you would have repealed, and prefent it. As to the Faft moved for, I know not what we should faft for-I will not call to-morrow Sunday*, for I do not find it called fo in books: I would fit to-morrow, and I hope to make an end to-morrow. There is a tax called hearth-money; take that away, and the Prince will have ten times more fafety than in all his army, and that may be in one line." "Mr. Hampden, junr.] You are, by order, to confider the ftate of the nation. Though you have voted, that King James has abdicated the crown, you have not done all; we are still free, an not tied by oaths. The time 'preffes hard, on many accounts; and to rife without doing more than filling the throne that is vacant, is not for the fafety of the people. It is neceffary to declare the constitution and rule of the government. In the late convention, there was a vote paffed, That the governC ment was in King, Lords, and Commons.' I move, that the Journal may be in pected. You have voted, That King James has violated the conftitution of the nation,' call the chief Governor what you will." "Mr. Harbord.] You have an infallible fecurity for the adminiftration of the government: all the Revenue is in your own hands, which fell with the laft King, and you may keep that back. Can he whom you place on the throne, fupport the government without the revenue? out it? It is reafenable you should be redreffed by laws; but Can he do good or harm withunlefs you preferve your government, your papers cannot protect you. Without your fword, how will you be fecured from January 30th. the |