Anno 4 Ann, called in Question by any Perfon whatever, till the Parlia1705. ment itself hath taken Notice of them. This is grounded on the greatest Equity and Reafon, because that which concerns all, fhould be debated by all: Nor is it poffible for a Parliament to debate, or come to a clear Refolution on any Question, or to give Advice to her Majefty, as they ought, without this Freedom. I give good Authority to justify what I fay; Sir Robert Atkins (Fol. 54) in his Treatife of the Power and Privilege of Parliaments, tells us of the Cafe of one Sir Thomas Haxey, in the Time of King Richard II. who having delivered a Petition to the King, with which he was difpleafed, the King fent to the Speaker to know who it was that delivered that Petition; by which, fays Sir Røbert, it is apparent, the King cannot take Notice of any thing done in Parliament, (he names the House of Commons) but as it is reprefented to him by the House itself. Having faid this, give me leave to read to your Lordships a Paragraph of her Majefty's Speech to her laft Parliament laft Year. My Lords and Gentlemen, We have, by the Blef fing of God, a fair Prospect of this great and defirable End; if we do not difappoint it, by our own unreasonable Hu· mour and Animofity, the fatal Effects of which, we have fo narrowly escaped in this Seffion, that it ought to be a fufficient Warning against any dangerous Experiments for the future.' I fhall not go about to fhew the Grammatical Conftruction of thefe Words, but chufe rather to fay, that as we enjoy many Bleffings under her Majefty's happy Government, fo I hope we fhall have this too, that her Majesty will never give Ear to any fecret and private Information; but as it comes to her in a Parliamentary way, by the Houses themselves, The laft Thing, my Lords, is that which I take to be of the greatest Concernment to us all, both Queen and People. I love to speak very plain, and fhall do fo in this Point. My Lords, I think there can be nothing more for the Safety of the Queen, for the Preservation of our Conftitution, for the Security of the Church, and for the Advantage of us all; than if the Prefumptive Heir to the Crown, according to the Act of Settlement, in the Proteftant Line, fhould be here amongst us. 'Tis very plain, that nothing can be more for the Security of any Throne, than to have a Number of Succeffors round about it, whose Intereft is always to defend the Poffeffor from any Danger, and prevent any Attempt against him, and revenge any Injury done him. Is there any Man, my Lord's, who doubts, that if the Duke of Gloueefter had been now alive, her Majefty had not been more se cure = 3705. Cure than the is? We cannot think of that Misfortune with. Anno 4 Anna, out the greatest Grief; but yet we are not to neglect our own Safety; and tho' a Succeffor be not the Child of the Prince, yet is he the Child of the Queen and the People. Befides, my Lords, the Heats and Differences which are amongst us, make it very neceffary, that we should have the Prefumptive Heir refiding here: The Duty and Refpect we pay her Majefty, and the Authority of the Law, can hardly keep us in Peace and Union amongst ourselves at prefent; what then may we not fear when these Bonds fhall ever happen to be broken ? And would it not be a great Advantage to the Church, for the Prefumptive Heir, to be perfonally acquainted with the Right Reverend the Prelates? Nay, would it not be an Advantage to all England; that whenever the Succeffor comes over, he should not bring a Flood of Foreigners along with him to eat up and devour the Good of the Land? I will fay no more to your Lordships, but conclude with this Motion; That an Humble Addrefs be prefented to her Majefty by this House, that her Majefty will be gracioufly pleased to invite the Prefumptive Heir to the Crown of England, according to the Acts of Parliament made for fettling the Succeffion of the Crown, in the Proteftant Line, into this Kingdom, to refide here.' This Motion was back'd by several Lords, but opposed by a great Majority, fo that after a Debate of four Hours, the Question being put, Whether the Princess Sophia fhould be fent for over to England, or not? The previous Question was put, Whether that Question should be put? And was carried in the Negative: However, fome Lords who were for inviting the Princefs Sophia to come over, entered their Proteft; and tho' the greatest Part of the House of Peers were against this Invitation, yet they fo far concurred with the Tendency of this Speech, that they carried it without dividing on the 19th of the fame Month, the Queen again prefent, that a Bill fhould be Bill for the betbrought in, for the better Security of her Majefty's Perfon ter Security of and Government, and of the Succeffion of the Crown of Eng- brought in. her Majefty, land, in the Proteftant Line, &c. and at the fame time, or- Another for na dered turalizing the Hanover Line. As follows $ Because, we humbly conceive, the having a Prefumptive-Heir to the Crown refiding within the Kingdom, would be a great ftrengthening to her Majefty's Hands in the Administration of the Government, a Security of her Royal Perfon, and the Succeffion to the Crown, as by Law established, in the Proteftant Line. Winchelsea, Jersey, Buckingham, Nottingham, Anglesea, Haver- Anno 4 Annæ, dered another Bill to be brought in for naturalizing fach of the Illuftrious House of Hanover, as were Proteftants. 1705. A third to appoint a Regency on the Queen's De @cafe. A fourth for a Addrefs of Thanks for her A Rider offer ed to the Bill for the bet ter Security of her Majefty's Perfon. “And rejected. Proteft thereon. And on the 21ft, the Judges, according to Order, brought in a Bill to nominate thefe following Commiffioners to act upon the Decease of her Majefty, for the better Security of the Hanover Succeffion, viz. Archbishop of Canterbury, Lord High Admiral, Lord Keeper, Lord Treasurer, Lord PrivySeal, Lord Prefident of the Council, Lord Steward of the Houfhold, and Lord Chief Juftice of England for the Time then being. The Lords, on the 22d, having adjourned the Debate touching the Mifcarriages of the laft Campaign, occafioned by the Allies, fine die, went upon the Scotch Affairs (the Queen prefent) and ordered the Judges to bring in a Bill for an Union with Scotland, and that a Committee fhould fit thereon. On the 24th, They refolved, that Thanks fhould be given to her Majefty for her great Care touching Scotland, and for her good Intentions, and for her Care in promoting the Interest of Scotland by the Hanover-Succeffion in the Proteftant Line. Refolved alfo, That all the Clauses in the former Act for an Union with Scotland fhould be repealed, except that which empowered her Majefty to nominate Commiffioners. December the 3d, Hodie 3a vice leta eft Billa, entitled, An A&t for the better Security of her Majesty's Person and Government, and of the Succeffion to the Crown of England in the Proteftant Line. A Rider was offered to be added to the Bill to restrain the Lords Juftices from giving the Royal Affent to any Bill for repealing or altering the A&t 31 Caroli Secundi, called, The Habeas Corpus Act; the Act called, The Toleration Act; that called, The Triennial Act; and the Act for regulating Trials in Cafes of Treafon. And the fame being read, after Debate, the Question was put, Whether this Rider fhall be read a fecond time? It was refolved in the Negative. Diffentient Because, we conceive, these Acts, mentioned in the foregoing Rider, are as neceffary for the Preservation of the Protestant Religion, and the Rights and Liberties of the Subjects of England, as the Act of Uniformity, in the Opinion of the House itself, is for the Preservation of the Church of England. Beaufort, Scarfdale, Haversham, Northampton, Guilford, Granville Granville, Guernsey, Buckingham, Weymouth, Nottingham, Anno 4 Annæ, Then, after further Debate, the Question was put, Whe ther this Bill fhall pass? It was refolved in the Affirmative, Diffentient' 1705. If, Because, it having been our humble Opinion, that Protest thereon. nothing can fo firmly fecure the Succeffion to this Crown in the Proteftant-Line, as the prefumptive Heir's refiding in this Kingdom, and our Propofal of an humble Address to her Majesty for that Purpose having been refufed, this whole Bill alfo being founded on the faid Heir's being abfent at the -Time of the Queen's Demife, we fear the Bill may prove not only ineffectual to thefe good Purposes for which it is defigned, but dangerous alfo in preventing the faid Heir's coming hither, in the mean time, by the Opinion some have of the Succeffor's being fo well fecured, that no fuch further Care needs to be taken about it. 2dly, Becaufe every one of the feven Lords Juftices, conftituted by this Bill, is therein made fo far independent of the very Succeffor, as not to be difplaced by the faid Succeffor in that Inftrument, which is to be depofited here for -the Addition of more Lords Juftices; the Reason for which Addition we think equally ftrong, by enabling alfo the Succeffor to exclude, by the faid Inftrument, any of those feven Juftices; which faid Juftices may otherwife be found (when, perhaps, it will be too late) invefted with too great a Power, if they can ever be fuppofed capable of ill employing it. 3dly, Which laft Objection we conceive to be of more Weight, fince it was refufed by the Houfe to refrain those future Lords Juftices from repealing the following A&s, viz. An Act for preventing Dangers which may happen from Popish Recufants; an Act for the more effectual preferving the King's Perfon and Government, by difabling of Papifts from fitting in either House of Parliament; the A&t for the better fecuring the Liberty of the Subje&t, and for Prevention of Imprisonment beyond the Seas; the Act for the further Security of his Majefty's Perfon, and the Succeffion of the Crown in the Proteftant-Line, and for extinguishing the Hopes of the pretended Prince of Wales, all other Pretenders, and their open and fecret Abettors; the A&t for exempting their Majefties Proteftant-Subjects, diffenting from the Church of England, from the Penalties of certain Laws; the Act for the frequent meeting and calling of Parliaments; and the Act for regulating of Trials in Cafes of Treafon and Mifprifion of Treafon; which Laws we account the very 1705. X Pillars 1705. Anno 4 Annæ, Pillars of our Conftitution, and that confequently no Subje&s whatsoever ought to be entrusted with the Power of paffing any Act to repeal them, during the Time, when it will be impoffible for the Succeffor to know any thing of the Matter, or fo much as that the faid Succeffor is become our Sovereign. Enquiry into the 4thly, Because in this very Bill, which entrusts the Lords Jullices with a Power of giving the Royal Affent to Laws of fo dangerous a Nature, and with all the executive Power, yet, we conceive, they are restrained from revoking the leaft military Commiffion, or difbanding any Officer of the Army, tho' never fo much deferving to be fufpected by them. Lastly, We apprehend the great Danger her Majefty may be expofed to, fince whatever is infufficient to fecure the Succeffion in the Proteftant Line, and may render it liable to Difficulties or Uncertainties, muft alfo encourage ill Designs against her facred Life; which may be thought the only Obftacle in the Way of fuch wicked Perfons, who may flatter themselves with the Hopes of Confufions after it. Beaufort, Carnarvon, Denbigh, Buckingham, Anglefea, Haverfham, Nottingham, Thanet. I diffent for the four laft Reafons, And I also, And I alfo, Granville. The 6th being appointed to enquire, Whether the Church Lord Rochefter. was in Danger, the Lord Rochefter began the Debate, and told their Lordships, the Subject-Matter of it was of so tender a Nature, that it was difficult to fpeak to it: For her Majefty had expreffed herself so conclufively in her Speech, that it feemed to be to contradict the Queen to fpeak freely; but in regard that the Minifters might be fuppofed to compofe the Speeches, he defired that what he laid might not be offenfive to the Queen, to whom he had all the Affection and Refpect that could be. He faid, that Minifters might mistake, and not always act for the public Good, and inftanced in the Miniftry of Portugal, where the King was our Friend, the Miniftry feemed to be otherwife, infomuch, that that Alliance was of no Benefit to us: That the Duke of Buckingham and Archbishop Laud were hearty in the Intereft of King Charles I. and yet did many things that very much injured him. The full Expreffions in the Queen's Speech he compared to the Law in King Charles the Second's Time, to make it Treafon to call the King a Papift; for which very Reafon, he faid, he always thought him fo. The Reasons he gave for his Fear of the Church's Danger arofe from these three Causes: First, The Security-Act in Scotland: Second ly, |