2 1 1 1751. PROCEEDINGS of the POLITICAL CLUB, &c. 347 a king at full age has, of appointing and changing the adminiftration at pleasure; for even a king at full age cannot legally act in any state affairs, without the concurrence of fome one or more of his minifters; but then family, and the establishment of a- B C As to our parliament's being a fuf- This example alone, Sir, muft E refutes to concur, to turn him out, and appoint another in his ftead, which an infant king, or regent, with a council of regency, appointed by parliament, cannot do; and in my opinion, it must always be of the most dangerous confequence to give either of them fuch an unlimited power in this refpect, as a king at full age is by our conititution invested with; for power produces fuch an alteration in the fentiments and behaviour of mankind, that from the conduct of a perfon without power, we can make no judgment of what he or she will be when invefted with fovereign power. For this reason, Sir, if we confider the bill now before us as a precedent, which will be followed upon every future occafion, and in this light it ought certainly to be confidered, we must conclude, that the regent thereby appointed has as much power as ever ought, or can fafely be given to a regent. She has in every thing a negative voice; for nothing can be done without her concurrence; and except a few of the chief officers of ftate, fhe has the fole power of difpofing of all places and employments under the government, that are not granted for life. In fhort, fhe has the whole of the fovereign power, except in things where no remedy could be applied, even when the king comes of age, should it then appear that fhe had done amifs. This is the reason why she is not by her fole authority to appoint bishops or judgG es, because they have their places for life; whereas fhe may by her fole power appoint much greater officers, fuch as the lord lieutenant of Ireland, the general of our army, the goverX X 2 F ΠΟΙΟ 348 PROCEEDINGS of the POLITICAL CLUB, &c. Aug. one act of parliament may be lawfully altered or repealed by a fubfequent; and every other method of altering or abrogating what has been eftablished by act of parliament, must be unlawful: The word, lawfully, must therefore in this claufe be understood; but when we come to that claufe, in this committee, if the noble lord will please, for the more fecurity, to propofe inferting that word by way of amendment, I can affure him, I fhall make no objection to it. nors of our plantations, and many others I could name; and as no great officer, not even any of those that are to be of the council of regency, can be appointed without the concurrence of the regent, it will be impoffible for any one of the coun. A cil of regency, or for all of them together, to form a faction against the regent, or to acquire fuch an influence in either house of parliament, as may prevent the removal of such factious counfellors, by an address of parliament Nay, the members B of the council of regency can never There is, in my opinion, Sir, as affemble or meet as a council of re- little neceffity for an amendment that gency, unless when called fo to do has been mentioned to another clause by the regent, nor can any matter or in this bill, meaning that for the thing be brought under their confi- continuance of the parliament for deration, but fuch as may be pro- three years after the acceffion of the pounded to them by the regent; fo C minor fucceffor; for as the act of the that as on the one hand, all poffible 7th and 8th of king William for care has been taken, by this bill, to continuing the parliament upon the prevent its being in the power of the demife of the king, is not by this regent to do any thing that may be bill repealed or altered, if his preprejudicial to the nation or the infant fent majefty fhould die, after the king, which, upon the prefent occa- diffolution of one parliament, and fion, I fhall moft readily grant, was Dbefore the meeting of another, the quite unneceffary; fo on the other, preceding parliament will immedithe utmost care has been taken to ately convene by virtue of that act, 'prevent its being in the power of the and will be the parliament that by council of regency to form themselves this bill, when paffed into a law, is into a faction against the regent to continue for three years. However, if gentlemen infift upon this amendment, when we come to that claufe, I can at present fee no reafon why it should not be altered, fo as to obviate all their fcruples upon this head. The bill now under our confide To conclude, Sir, I fhall be far from being against fuch amendments Fas ration is therefore, in my opinion, E Sir, a bill as wife and as cautioufly framed, as any bill that was ever brought into parliament; and yet the framers of it are far from a Tuming to themfelves any character of infallibility, or intending that this parliament fhould affume any fuch character, as the noble lord was pleafed in infinuate. There is, indeed, a claufe for preventing the regent's doing any thing for fetting afide or altering the method of government fettled by this bill, and for inflicting the penalties of premunire upon all thofe that fhall be affifting therein; but can this relate to any thing that may be done, or propofed to be done, by parliament ? Surely, may be thought proper to any claufe in the bill now before us; but the palling of this bill in fome fhape or other I must think abfolutely neceffary, in order to remove that defect in our constitution, which fubjects the nation to the government of G whoever can, by fair or foul means, get poffeffion of the perfon of a minor or infant king, which defect has often expofed us to great dangers, and once was the caule of the de Aruction 1751. PROCEEDINGS of the POLITICAL CLUB, &c. 349 The laft Speech I shall give you upon Mr. Chairman, N any matter of law, I fhould be I very ready to fubanit to the opi struction not only of the minor king, what was our conftitution before a but of the royal family of which he houfe of commons was established, was defcended. And as I think it and what it has been fince the eftawill in general be neceffary, upon blishment of this house. Before the every future occafion, tho' not up- commons came regularly to have a on the prefent, to lay the regent un- fhare in the legislative part of our der restraints, therefore, left what A government, the whole of it was we do now should be made a prece- lodged in the king and the great badent, when it should not, I fhall be rons or peers; and these last have for agreeing to all the restraints con- not only before, but ever since been tained in this bill; and confequently deemed the hereditary counsellors of I must be for retaining the words obthe crown. I hus our conftitution jected to by the Hon. gentleman ftood from the time of the conqueft who spoke first upon this subject *. B to the reign of Edward I. for what it was in the time of the Saxons, I fhall not now take the pains to inquire; and from this conftitution it is evident, that when a minority happened, the government did not devolve upon whoever could get C poffeffion of the infant king, but upon the great barons, or fuch as they fhould appoint to exercife the government during the minority of the king, and they alone had a right to determine when that minority was or should be at an end; all which is clearly manifefted from the history of the reign of Henry III. for the earl of Pembroke was established regent by an affembly of the barons, immediately after the death of king John; upon the earl's death another regency was immediately established by the fame authority; and tho' the young king was, at the age of 16, declared by the pope's bull to be of full age, and impowered to take the government upon him, notwithstanding the great authority of the popes at that time, the barons would not admit of it, nor allow him to take the government into his own hands; and yet afterwards they declared him of full age, tho' he was but in his 20th year, and confequently not arrived at what was then deemed full age by the common law of the king. dom. E nion of the two learned gentlemen, As what I have faid, may to fome This, I fay, Sir, was our conftitution before the house of commons was established; but after our par Š. London Magazine for June laßt, p. 249. liaments 350 PROCEEDINGS of the POLITICAL CLUB, &c. Aug. liaments came to be regularly confti- the request of, or in compliment to tuted, and to confift of the reprefen- his queen, had heaped fo many tatives of the commons, as well as honours upon her relations and fathe great barons, our conftitution vourites, and had thereby fo much with refpect to minorities was alter- raised the jealoufy and envy of the ed. Upon the death of the king, old nobility, that he provided a leaving his fucceffor a minor, the A powerful party for his brother the immediate government of the king- duke of Gloucester, to head against dom devolved, as before, upon the the queen, in cafe of his death begreat barons of peers, by virtue of fore his eldest fon was of age; and that hereditary right they have, of by his having put to death his brother being the king's counsellors, and the duke of Clarence, he had left they lodged it in fuch hands as they Gloucefter without a rival for power. thought proper; but then the regu- B At the fame time, by refusing to do lation made by them was not final juftice to the duke of Buckingham, or abfolute: It lafted only until a the next most powerful man in the parliament could be affembled, and kingdom, he made him an inveteby that parliament it was to be con- rate, tho' fecret enemy, and by that firmed or altered. Therefore I can- means laid a foundation for his joinnot admit, Sir, that with respect to ing in any schemes against his chilminorities, there was any fuch ter- Cdren. The confequences of thefe rible defect in our conftitution, from imprudent fteps he forefaw before. the conqueft down to the 8th year his death, and made a faint attempt of K. William III. when a new alte- to prevent them, but he died before vation was made in our conftitution, he could take any effectual measures; by enacting, That upon the demife of and, indeed, it was not eafy to have the king, the parliament then in be- contrived any fuch. The most effectual ing, or the last preceding parlia-D would certainly have been, to have ment, fhould immediately meet, fit, done juftice to the duke of Bukingand act. By our conftitution there- ham before his death, and to have fore the care of our government has got the queen mother appointed fole always been fufficiently provided for regent by parliament, with the during a minority, tho' an ambitious whole fovereign power, during her man, fupported by a rebellious party, fon's minority; for the more danger might feize upon the government E a regent may be in, the more power, as well as the perfon of our infant fuch regent should be invested with; king, contrary to the whole tenor and it would have been ridiculous to of our conftitution, which was the have given the duke of Gloucester cafe upon the demife of Edward IV. any fhare in the government but and will be the cafe again, make what depended upon the regent; for what laws you will to prevent it, as to grant favours or power to an amoften as any ambitious man has power bitious man, is only enabling him to enough to carry his defigns into ex- take what you do not grant. ecution. The giving of fuch a man fuch a power is not, Sir, to be prevented by ftanding laws, which fignify nothing against a man who has power enough to break them with impunity: It can be prevented only by a prudent conduct in the preceding reign, and proper regulations exprefly made for that very purpose. Edward IV. at 5 F G Another effectual measure might have been, Sir, if Edward had got fuch a law paffed in his last parliament, which was held but a year before his death, as we have now in force: I mean that for the parliament's meeting immediately upon the demife of the king; for as the old and difcontented nobility feem to have had very little influence in that parlia These reasons, Sir, induce me to think, that the law now proposed is far from being fo neceffary as fome gentlemen would make us believe, nor do I think that any good argument can be drawn from what the learned gentleman who spoke last was pleafed to fuggeft; for faid he, the parliament that meets upon the king's demife may be prevented from acting, or fettling a regency, by thofe that get poffeffion of the young king's perfon, who in his name may prorogue or diffolve it as foon as it has met, by virtue of the words in the act, unless the fame should be fooner prorogued or diffolved by the next beir to the crown; for those words fuppofe the next heir in a capacity to act, which the next heir, when under age, is not. If the next heir should be a prifoner in France, and he fhould fend a French general here, with orders to prorogue or diffolve the parliament that had met upon the demife of his ancestor, I believe, no member of parliament would fhew the leaft regard to fuch orders, unless the general brought an army with him fufficient to enforce them. Just so, if any bold enterpriser should attempt to prorogue or diffolve the parliament in the name of a minor fucceffor, before they had fettled a regency, I believe, the parliament, inftead of feparating, would fend him to the Tower, unless he had an G army fufficient and ready to fupport him; and if he had, no law that could be made either before or after the event, would be of any fignification. 1751. PROCEEDINGS of the POLITICAL CLUB, &c. 351 parliament, it is probable, that if who gave the royal affent to the the fame parliament had met upon repeal of an act flavifhly paffed in that king's death, they would have one of Henry VIII.'s parliaments, fettled the regency upon the queen by which the king's proclamation was dowager, and, would notwithstandmade of almoft equal authority with ing the duke of Gloucefter's diffimu- an act of parliament: A law which lation, have taken proper meafures A no king at full age would easily to prevent his being able to head have parted with; and for the repeal any faction with fuccefs against her; of which the nation will for ever stand but after he had got poffeffion of indebted to that regent, tho' he met the throne, and had cut off all those with a very ungrateful return. who could make any ftand against him, I do not wonder at his getting fuch a parliament chofen as he B defired; for no man durft ftand a candidate in oppofition to him. Therefore, Sir, what happened at that time muft fhew the wisdom of the law we have now in force, for the parliament's meeting immediately upon the demife of the C king; and as we now have fuch a ftanding law, I do not think it neceffary to fettle a regency before the event happens: On the contrary, I think it would be better at all times to leave it to the parliament which is to meet upon the king's demife; D because the true intereft of the nation would then ftand fair to prevail, whereas, if fettled during the life of the king, the intrigues of the cabinet may get the better of the interest of the nation. Another reason is, because it is impoffible to judge be- E fore-hand what may be most proper to be done; for the quefton depends fo much upon the circumftances of things and perfons, that the leaft change in either may make that very improper or dangerous, which a year or two before appeared to be the wifeft fettlement that could be made. And a third and most pungent reafon is, becaufe if the parliament should think any law neceffary, in which they could not expect the concurrence of a king at full age, without rifking a combuftion, they might then appoint fuch a regent as would readily give the royal affent to fuch a law; an inftance of which we had in the duke of Somerset, during the minority of Edward VI. F How |