1751. PROCEEDINGS of the POLITICAL CLUB, &c. 251 any eastern monarch: Opus effe non forti folum viro, fed etiam libero, exfolutoque legum vinculis, was a faying of one of their wifeft and most ex perienced magiftrates, in a time of imminent danger; and in this country I am fometimes apt to with, that our king had in time of war a more unlimited power than he has by our conftitution; for men without merit are often preferred to commands, both in our army and navy, by the intereft they or their friends have in parliament, and fometimes men who for their misconduct have deferved to be hanged, are effectually fereened by the fame fort of intereft. When we confider this, we need not be furprifed at the court of Ruffia's infifting fo ftrenuously upon the prefervation of the prefent conftitution in Sweden; and if we were in this respect going to make any alteration in our conftitution, we might, perhaps, have the fame fort of meffage from France, which the court of Sweden had lately from Ruffia. Shall we then divide, and thereby weaken, without any neceffity, the executive power of our government, at a time when it is poffible, if not probable, that in cafe of the misfortune of his majefty's death before his fucceffor comes of age, which heaven avert, we may be involved in a war, during the minority of our fovereign. Thus, I think, it is plain, Sir, that the regent must allow herself to be governed by him, who happens to get the afcendancy in this council of regency; for if the does not, confu. B fion must be the confequence; and how dangerous this may be to herfelf, to her children, and to the nation, I need not defire gentlemen to reflect. Nay, let her manage whatever way the will, the confequence may be fatal; for if the allows her- C felf to be governed by the perfon who gets the afcendancy in the council of regency, it will be the fame as if that perfon had been appointed fole protector with fovereign power, which may be as fatal to her and her children, as the fole protectorship of D the duke of Gloucester was to the widow and children of Edward IV. and if the contends with that perfon in any measures of government, it will introduce confufion, which may be as fatal to her family, as the confufion introduced by the ufurpation E of Richard III. was to the family of York. Thefe, Sir, are the internal dangers we have juftly to apprehend from our incumbering the government of the regent with a council of regency; but as to the external F dangers they are ftill more confiderable, because more national. It is very certain, Sir, that a fole and ab. folute government is, in time of war or great danger, the moft capable of exerting its natural ftrength, if directed by wile couníels: The Ro- G man commonwealth would often have been ruined, if they had not had recourfe to a dictator, who, during his dictatorship, was as abfolute as I fay, Sir, without any neceffity; for I have already fhewn, that no fuch neceffity can ever arife, except from the danger to which the infant king may be expofed by the ambi tion of a fole regent invefted with all the power of a fovereign; and without regard to the many known and excellent qualities of the princefs now to be appointed, I think this is a danger that can never be juftly apprehended from a mother, efpecially one who in her own right can pretend no title to the crown. But fuppofing, that fome fuch danger might formerly have been apprehended, 7252 PROCEEDINGS of the POLITICAL CLUB, &c. June A hended, furely, there is lefs occa- need not enlarge upon the hiftory of fion for fuch an apprehenfion now any of these minorities, which is fa than ever was heretofore; because well known; but I must obferve, in former ages the estate hereditarily that if we met with misfortunes by vefted in the crown was fufficient for appointing councils of regency durfupporting the government in time of ing the minority of Richard and peace; fo that a fole regent might Henry, it was what could not be have been for years without call. avoided; because, to have appointed ing a parliament, and confequently, a younger uncle of the infant king might have carried on ambitious de- fole regent with fovereign power, figns even to their completion with- would have been a fhocking indigout any check from parliament : nity to the eldest; and to have apWhereas now, even in time of peace, pointed the eldeft, who was preour government cannot be carried on B fumptive heir to the crown, might for above a year without the con- have proved as fatal to the infant currence as well as meeting of the king, as it did afterwards to Edparliament; and therefore without a ward V. Upon both thefe occafions corrupt or a pack'd parliament no therefore, we were under the neceffole regent can now carry any defign fity of appointing a council of reto perfection, that may be prejudicial gency, and if we thereby fuffered, to the title of the infant king; nor C as we did feverely during the minocan it be prefumed, that the mother rity of Henry, we had the comfort will ever form any fuch defign, un- to reflect, that neceflity and not lefs fhe marries again and has chil choice was the cause of our fuffering. dren by that marriage, in which cafe But if we fhould now weaken our the parliament may, as foon as it government by dividing its executive happens, interpofe, and by refufing power, and fhould by that means be the neceffary annual fupplies may D ftripped of all or moft of our foreign force her to diveft herself of the poffeffions, as we were during the whole or fome part of her power, if minority of Henry VI. the lofs will it should be thought neceffary for the be infinitely greater to the nation, fafety of the nation or its infant fo- and we fhall with bitter remorse revereign. flect, that without any neceffity we expofed ourselves to this danger E F Let us but recollect, Sir, the furprifing fuccefs of the fole regency of the earl of Pembroke in the infancy of Henry III. and the many misfortunes brought upon the nation by the factions in the councils of regency appointed during the minority of Richard II. Henry VI. and Edward VI. The earl of Pembroke, in lefs than three years of his fole regency, not only restored his infant king to the throne, which was upon the very brink of being loft by the father, but eftablished him on that throne, and the nation in peace and ranquillity. On the other hand, G during the infancy of Richard II. Henry VI. and Edward VI. there was never any fettled tranquillity at home, nor any fuccefs abroad. I When I talk of foreign poffeffions, Sir, I hope no gentleman fuppofes I point at any of those dominions his majefly is poffeffed of in Germany. By our foreign poffeffions, I mean our plantations and fettlements in Afia, Africa, and America, together with the important fortreffes of Gibraltar and Port Mahon, fo neceffary for the protection of our commerce in the Mediterranean; for from the expence the French are now putting themselves to in repairing and aug. menting their marine, we may forefee, that in the very next war that happens between the two nations, they will endeavour to drive us out of all thofe poffeffions; and this they may effectuate, if we should at the B 1751. PROCEEDINGS of the For thefe reafons, Sir, the bill now before us deferves a more mature deliberation than fome gentlemen feem refolved it fhould have. In my opinion, most of its claufes fhould be expunged, and almoft every one of the reft amended; but I fhall not conclude with any motion, till I hear the fentiments of other gentlemen upon the fame fubject. The next that spoke was C. Cæcilius, the Purport of whofe Speech was as follows: POLITICAL CLUB, &c. 253 pointed regent entirely out of the queftion. If the prefent conjuncture were only to be confidered: If we were to confider nothing but the character and difpofition of the amiable princefs now to be appointed regent, I believe, no gentleman would think of laying her under any reftraints or regulations: No one would hefitate a moment in agreeing to inveft her not only with fovereign but with abfolute power; because it would be only extending the power of a perfon to do good, whole nature can never allow her to do what fhe thinks is evil, and whofe wisdom will always direct her to distinguish properly between the good and the evil. But when we are making regulations for the good government of fociety, we must not confider perfons, but things. For this reafon our ancestors chofe, and have handed down to us, a limited rather than an abfolute monarchy. They knew as well as we, that a wife, active, and juft king, might be trufted with abD folute power: That the more absolute he was, the better it would be for the fociety; but they confidered how difficult, if not impoffible, it was, to refuse to a bad king those powers that had been given to a good one; and therefore they refolved not to trust a good king with powers, that a wicked one might make a bad use of. E F G This, Sir, is the true caufe of all the restraints and limitations, which the fovereign power has by our conftitution been laid under; and for the fame reafon a regency, during the minority or incapacity of a king, has always by our conftitution been laid under ftill greater reftraints and limitations. fhall not difpute with the Hon. gentleman who spoke laft, about what our conftitution may be in theory; but whatever it may be in theory, I am fure, it is from hiftories, records, and precedents, and from them alone, that we can determine what it is in practice; and from 254 PROCEEDINGS of the POLITICAL CLUB, &c. June A from them I defy any one to fhew, that a regent or protector was ever by law intrufted with a full and abfolute fovereign power: I mean, as abfolute a power as our fovereign is nfually intrufted with. The duke of Gloucefter, indeed, after the death of Edward IV. ufurped a fole regency with fovereign power; but no man will contend, that his power was legal or conftitutional; and the ufe he made of it can never, I am fure, be any encouragement for the parliament to follow that precedent. B Even the earl of Pembroke, in Henry the IIId's minority, was not intrufted with the full fovereign power, tho' there never can be a time when abfolute power may feem more neceffary, than it appeared to be at that time; yet he was not trufted with the power of the great feal; and it was particularly provided, that the feal fhould not be put to any grants of caftles during the king's minority; fo that his fuccefs was more owing to his own wisdom, and to the infolence of the French, than to the extensive power that had been granted him as regent of the kingdom. ftitution to appoint a regent with fovereign power: That by our conftitution we limited the power of a fuppofed good regent (as every man muft in charity be fuppofed to be, till the contrary appears from his conduct) for the fame reason that we limit the power of a fuppofed good king, because a good man is never to be trufted with any unneceffary power, that a bad man may make an ill ufe of. I may repeat the fame argument, Sir, with regard to the infancy of Henry VI. for when the parliament appointed the duke of Bedford regent of the kingdom, and in his abfence his brother the duke of Gloucefter, but reftrained the power of both, so that they could not act Cwithout confent of the council of regency appointed by parliament, can we fuppofe, that any member of either house gave it as his reason for thus reftraining their power, because the infant king would be in danger, if they did not? Must not Dwe rather fuppofe, that the reason affigned was, because the appointing of a council of regency was agreeable to our conftitution? And if the fame reason had prevailed, in the minority of Edward V. if the lords who appointed the duke of Gloucefter protector or regent of the kingdom with fovereign power, had not been more guided by their refentment against the queen mother and her relations, than by the rules of our conftitution, the ruin of that royal family might have been prevented; for Henry the VIIth's title to the crown was fo remote and uncertain, that the people would never have fupported his claim, if all good men had not conceived an antipathy to Richard III. on account of the cruel murders he had been guilty of. The Hon. gentleman has admitted, Sir, that when the king's perfon, or his right to the crown, may be any way in danger from the E power of the perfon appointed regent, his power ought to be reftrained, by faddling him with a council of regency; but does not every gentleman fee, that this argument can be leaft urged when there is most occafion for it? Can we fuppofe that, F in the parliament by which the duke of Lancaster was appointed regent in the minority of Richard II. it was ever made ufe of as an argument for not invefting him with fovereign power, because his ambition might prompt him to murder the G infant king and ufurp the crown? No, Sir, the argument certainly made ufe of upon that occafion was, that it was inconfiftent with our con With regard to thefe three minorities, meaning thofe of Richard II. Henry VI. and Edward V. I must obferve, Sir, that the queen mother of each was alive at the time, and yet 1751. PROCEEDINGS of the POLITICAL CLUB, &. 255 yet the nation never thought of apmended to them by the regent : pointing the queen mother to be re- They can act in nothing, their refogent of the kingdom, nor fo much lutions will fignify nothing, without as guardian to her infant fon, much her concurrence; and if they fhould lefs did they think of appointing her refufe to confent to any thing, or regent with fovereign power; there- any measure, neceffary for the good fore we must impute what is now A of the kingdom, they are under the proposed entirely to his majefty's annual check of parliament, as all wifdom and goodness, and the known or any number of them may be revirtues of that excellent princefs, who moved by an addrefs from both is now to be appointed regent; and houfes of parliament. if it should be thought neceflary to lay her regency under any reftraints, it does not proceed from any jealou- B fies we can entertain of her conduct, but from the nature of our conftitution, and the dangers that might enfue from establishing a precedent for giving fovereign power to a regent, which, if once given, could never hereafter be refufed, and which might in future times be attended with fatal confequences. This council of regency will therefore, Sir, be rather a fecurity for the regent, than an obstruction to any of her measures; for tho' by our state maxim the king can do no wrong, I doubt if that maxim can be applied to one who is appointed regent of the kingdom during the minority of the king; and therefore C it is the more necessary for the regent to have the approbation and confent of the chief officers of state to every important act of her government; and to have that confent authenticated in fuch a manner, as to be able to make it appear, in cafe D of any unfortunate confequence, that what the did was in puriuance of the beft advice, and what was at the time thought the most proper and neceffary measure for the publick good. As to the restraints that are propofed by the bill now before us, they are fo very inconfiderable, that I wonder to hear any gentleman find fault with them, or apprehend that they can produce any faction, or any confufion in our government ; for they are none but fuch as every wife king would chufe to lay himself under. Would any wife king chufe to make peace or war, to prorogue or diffolve parliaments, or to remove E any great officer of ftate, or appoint any of our bishops or judges who are to hold their offices for life, without the advice of the principal men in the kingdom, and who by the posts they have worthily filled, have fhewn themselves to be the moft capable of giving wholefome advice to their fovereign? Thele are the chief restraints which the regent is to be under; and as to the council of regency, their power is merely reftrictive They have no active power; for they cannot fo much as G meet, except when called by the regent; and when they do meet, they can take nothing under their confideration but what is recom F I fhall conclude, Sir, with obferving, that the oppofition now made to the appointing of a council of regency, and the propofition to inveft the regent with fovereign power, plainly fhews the wisdom of his majesty's choice, as to the perfon he has recommended to us for regent in case of his death before his fucceffor attains the age of eighteen; and does great honour to the perfon fo recommended by his majelty. As I think it highly merited, I fhould in this moft heartily join, if I were not fully convinced, that it is abfor lutely inconfiftent with our conftitution, and that the precedent upon fome future occafion might be attended with the most fatal coniequences. It is this alone that makes me |