A. C. away with this Letter, carried alfo an Order for 168 the Enlargement of the Earl of Sunderland, who had been Arrefted at Rotterdam; that Earl having See the fufficiently juftified his past Conduct by a Letter Appendixto which was made publick in London.

the Second

Part.

Feb. 14.

The first time the King Advis'd with his Pirvy-Council he propos'd to them, Whether the Convention might be legally turn'd into a Parliament? which his Majefty thought highly neceffary to be done, both to avoid the ufual Delays occafion'd by the calling a new Parliament, and to preferve abundance of Members whom he knew entirely fatisfied with the prefent Settlement. The Board was divided upon the Queftion, but the Majority concluded in the Affirmative, alledging fome Examples of fuch aTranfmutation. To put this Project in Execution the King went to the House of Lords in great Solemnity, and being feated on the Throne, and the Commons attending at the Bar with their Speaker, his Majefty made a Speech, The King's wherein he told them, "That he had lately acSpeech to quainted them how fenfible he was of the Kindthe Parlia nefs, and how much he valued the Confidence ment, Feb... they had repos'd in him. That he was come "there to affure them, that he fhould never do any thing that might leffen their good Opinion of "him. That he thought it neceflary to acquaint them, the condition of Affairs abroad, and particularly that of Holland was fuch, that unlefs "fome fpeedy care were taken of them. they would

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run a greater hazard than the Convention would have them expos'd to. That they themselves "must be fenfible, that the Pofture of Affairs here "would require their ferious Confideration, and "that a good Settlement was neceflary, not only "for the Peace at home, but for the fupport of the "Proteftant Intereft both here and abroad. And "particularly, that the State of Ireland was fuch, "that the Dangers were grown too great to be ob"viated by any flow Method. Therefore he muft "leave it to them to confider of the moft effectual "ways of preventing the Inconveniences that might arife by delays, and to judge what Forms

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might be proper to bring those things to pafs, A. C. "that were for the good of the Nation, which 168. "he was confident were in all their Minds, and

"which He, on his part, fhould be always ready t to promote.

Feb. 18.

This Speech was followed by that general Hum, A Bill to whereby the numerons Affembly of the Commons tun the of England are ufed to fhew their Applaufe; and Convention the Peers, pursuant to the laft Claufe of the fame into a Par Speech, and the Directions fome of their Memliament, bers had receiv'd from the Privy-Council, brought in a Bill to remove and prevent all Questions and Difputes concerning the Afembling and Sitting of this prefent Parliament, which they read twice that Afternoon, and having paft it, the Day following fent it to the Commons for their Concurrence.

mons.

Upon the receipt of this Meffage the Commons Debates went into a Committee of the whole Houfe, and upon it in Mr. Hamden, their Chairman, put the Question, the House Whether a King elected and declared by the Lords of ComSpiritual and Temporal, and Commons affembled at Westminster, the 22d of January 168, coming to, and confulting with the faid Lords and Commons, did not make as compleat a Parliament, and Legislative Power and Authority, to all Intents and Purpofes, as if the faid King fhould cause new Summons to be given, and new Elections to be made by Writs? This Question occafion'd a long and warm Debate, the Party which ftood up for the ftrict Ancient Conftitution, and which was headed by Sir Edward Seymour and Sir Thomas Clarges maintaining, "That, ac"cording to Sir Edward Coke, a Parliament confifts "of the King's Majefty fitting there as in his Po"litick Capacity, and of the three Estates of the "Realm, that is to fay, 1st. the Lords Spiritual, 2dly. the Lords Temporal, and 3dly. the Commons. That as to the Lords Spiritual and Temporal, every one of them being of full Age when "a Parliament is to be held, ought, of right, to "have a Writ of Summons to come to that Parlia26 ment; and that as to the Commons, the fame "Author fays, they are refpectively Elected by "the Shires or Counties, Cities and Burroughs by "force

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A. C. "force of the King's Writs. That the Lords and 1688. "Commons Affembled at Westminster the 22d of January were not Summon'd thither by the King's Writ, and therefore that though the King "afterwards came to them, yet fuch King, Lords "and Commons could not be a Parliament. The prevailing Party anfwer'd "That it was generally admitted. that in an Hereditary Kingdom, if the "King fhould die without an Heir, either Lineal "or Collateral, the Crown in that cafe would de"volve, or, as it were, efcheat to the whole Peo"ple and Nation; and that hereupon the Estates and "Representatives of fuch a Nation might difpofe of "the Crown to whom they pleafed, or quite alter "and change the Government into what Form they thought fit; Examples of which were brought in "out of Germany. Italy, France and Portugal. That "in like manner it was where a King did abandon, "forfake or defert his Government, by going or flying out of his Kingdom, without appointing any Guardian to protect and take care of his People in his Abfence, whereby the Throne be"came Vacant, the Eftates of fuch a People might "appoint another King or Governour. That King "James II. having abandon'd his People Unguard "ed and Undefended, at the Mercy of a Foreign "Army, even in the Heart of the Country, with

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out fo much as leaving a Guardian or Great Seal "behind him, his great Officers and Ministers of "State flying fome one way and fome another, "what could the Nation do but what they had "done? To wit, feveral of the Lords Spiritual "and Temporal many of the Knights, Citizens "and Burgeffes of a former Parliament, the Aldermen and divers Common Councilmen of the City "of London, addreft themselves to the Prince of "Orange,defiring him to take upon him the Admini "ftra fon of Publick Affairs, until the meeting of the "intended Convention of the Three Eftates or great "Council of the Realm; and to fend Letters Sub"fcrib'd by himfelf both to the Lords Spiritual and "Temporal, that were Proteftants, to meet on the "faid 22d of January at Westminster, and to the "feveral

feveral Shires, Counties, Univerfities, Cities, &c. A. C "for Electing of fuch number of Perfons to repre- 1683. "fent them, as of right were to be fent to Parlia

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ment. That accordingly fuch Letters were fent "and Elections made, and the Convention thus "conven'd, after mature Deliberation refolv'd, "That the Prince and Princefs of Orange fhould be King and Queen of England. That after they 66 were Proclaim'd King and Queen, and he come "ard confulted with the Three Eftates fo Affem"bled, what could be wanting in that Affembly to "make them a full and compleat Parliament? Or "what could be had more then was in this Convention of King, Lords and Commons, if the "faid King fhould flue out Writs for calling a new Parliament? That if (as was agreed by all) the fubftantial parts of a Parliment be and con "Gift of an Affembly or Convention, or meeting 66 together of the King and Three Estates, the difference of the Lords and Commons being cal"led by Writ or by Letter was nothing material, "fince both Writ and Letter were to the fame ef"fect; and that in fome Ancient Records, it is "mention'd, That Parliaments fhould be Sum"mon'd by Letters, particularly in King John's great Charter in the 17th of his Reign, he pro"mises to Summon the Bishops, Abbots Earls &c. by his Letters. That the Prince of O. ange's not "being King at the time of his fending forth his "Letters matter'd not, for he was the Perfon to "whom the Administration of the Government "was then committed. That it was evident, that "in many Parliaments it was not fo material how "the King Lords and Commons came together, "as that they were together. That the manner of "calling together the Three Estates of the Realm, "by the Prince of Orange's Letters was a much "fairer Proceeding, confidering the state of Affairs 66 as to the calling of them together, than was in "feveral Cafes, wherein they were never doubted "to be a Parliament when jin'd with a King. That "Edward II. being Imprifon'd by his Queen, Son "and Nobles, they iffued forth Writs in the Im"prifon'd

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1683.

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prifon'd King's Name to fummon the Lords, and "to chufe Knights, Citizens and Burgeffes to meet at Westminster (16th of Jan. 1325.) That this, 66 one would think, was pretty hard,and an abfolute "force upon the King, by making ufe of his Name againft his Will, fo that it could not be faid to be "his Act; yet the Lords and Commons being met, they depos'd Edward II. and declar'd his "Son Edward III. King, and this new King, and "the Lords and Commons, fo (as one might fay)

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irregularly conven'd together, made feveral "Acts of Parliament, and have been ever fince "adjudg'd a good Parliament to all Intents and "Purposes, without any fubfequent Act of Con"firmation. That in like manner Richard II. be

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ing taken Prifoner by Henry Duke of Lancaster, "the Duke iffued forth Writs in the King's Name (the King then in Prifon) to Summon the Lords, "and to Elect Reprefentatives for the People, to 66 meet at Westminster the 13th of September, 1399. 66 That thofe being met, by this irregular Summons, they depos d Richard II. and declar'd the "Duke of Lancaster King; and that new King, 66 and the Lords and Commons, fo irregularly conven'd, being join'd together, were alfo and are to this Day, adjudg'd a good Parliament, to all Intents and Purpofes. Laftly, That the "Lords and Commons Affembled at Westminster, "the 15th of April, 1660. were conven'd by "Writs in the Name of the Keepers of the Li"berties of England, who were Ufurpers; yet "when King Charles II. came to them, and they "receiv'd him as King, he and they together were "adjudg'd a Parliament, and they Enacted that "they should be fo taken, and they made many "Laws, which were put in Execution; and they continued as a Parliament until the 29th of De"cember following; and though most or all those "Acts were afterwards confirm'd by a fubfequent "Parliament conven'd by the King's Writs in May 1661. yet that Confirmation, according to many good Judgments, was rather to fatishe fome Scru

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"pulofity,