The proceedings relating to Lord Danby have contributed to settle three points concerning parliamentary impeachments. First, that impeachments laid by the Commons in one session, or one Parliament, continue in force to the next; secondly, that a peer impeached by the Commons is ordered to withdraw; thirdly, that the King's pardon cannot be pleaded in bar of an impeachment. Every one of these questions, but especially the last, is of high importance to the constitution.

April 21.

It was at this time that Sir William Temple, thinking that the ministry, and finally the succession, would fall into the power of Monmouth, proposed a new privy council. It was to consist of 30 members. Some of the most violent Whigs, Russell, Cavendish, Capel, and Powle, were admitted. According to the present theory of our constitution, there is no part of it more perfect than that which regards the appointment of the ministers of the crown. As the power of refusing supplies has brought all public business within the sphere of the House of Commons, it follows, as a necessary consequence, even though the House should offer no advice on the subject, that ministers must be capable of bearing their scrutiny, and acquiring their con

as members of Parliament, before they are trusted as servants of the crown.

The mo

narchy itself derives great advantage from this restraint to the personal will of the sovereign. Not only is the King less liable than other sovereigns to errors, which even the best intentioned are exposed to, by the arts of specious impostors and dishonest flatterers, but he has this security for the conduct of the most violent parliamentary leaders, that ambition can hardly lead them to wish the total destruction of that monarchy, of which they may hope at a future time to exercise the powers.

But such ideas were far from being understood before the Revolution. During the reign of Charles the First, indeed, an attempt seems to have been made to conciliate the great parliamentary leaders, by entrusting them with offices of the crown. The Earl of Bedford, as we have seen in the early part of this work, was amongst those who were thus favoured. But the King was soon disgusted with them, and Lord Clarendon thinks he has sufficiently justified this dislike, when he tells us, that they always advised the King to comply with the wishes of his Parliament.

Nor was the measure now proposed by Temple likely to be attended with the success which he expected from it. Had he begun by asking

the dismissal of all the obnoxious ministers, and the formation of a new council, by the union of the great Whig leaders, with Secretary Coventry and others, who had experience of office without the ambition of being chief ministers, a firm administration would have been formed, and the necessity of a revolution might have been prevented. But Temple had only in view to add to the strength of the old court. Fifteen of the thirty members of whom the new council was to be composed, were to be officers of the crown, on whom it was supposed the King might rely. It was thought that fewer concessions would be required, when the leaders of the Commons were members of the council, and that the King, with such assistanee, might safely dissolve the parliament should it persist in unreasonable demands. It was considered as a most favourable circumstance, should affairs come to an extremity, that the property of the new council amounted to 300,0001. a year, whilst that of the members of the House of Commons seldom exceeded 400,0001.

It is obvious, that such a council was formed rather to be a rival to the Parliament than dependant on it, and the Whig leaders, to obtain at most half the confidence of the King, were

"For the bare being preferred," says Secretary Coventry, "maketh some of them suspected, though not criminal." * The public were not yet able to conceive that men could be at the same time counsellors of the King and friends of the people; and it was only by a complete change of councils, that they could have been convinced of its integrity. It is not surprising then, that the King's speech, announcing the new council, was received coldly by the House of Commons, and that little more than a fortnight after, they should present an address, praying the removal of the Duke of Lauderdale from all offices and employments, and from His Majesty's presence for ever.

The president of the new council, much against the opinion of Temple, was Lord Shaftesbury. But the cabinet council, which digested all affairs before they were brought forward, consisted of Essex, who was the new Lord Treasurer, in place of Danby, Sunderland, Secretary of State, Halifax, and Temple. Six days after the appointment of the new council, in a debate on the succession, Colonel Birch said, "It must not be the addition of four or

* MSS. at Longleat. See also Sidney's Letters to Saville, April 21. and May 12.

five persons to the council that will do it; it must be thoroughly done:-I hope the King will not have one that was at the giving such advice as we have had!" Lord Russell spoke with zeal and firmness regarding both the Succession and Popery. He ended, by desiring, "that a committee be appointed to draw up a bill to secure our religion and properties in case of a Popish successor." *

The motion made by Lord Russell, is a sufficient evidence that he was not yet convinced of the necessity of excluding the Duke of York from the throne. Temperate by nature, and not actuated by any personal feelings against the Duke of York, he probably wished to reconcile the King's interests to those of his people, in the manner most agreeable to the royal inclination; and if he was mistaken, we must admit his loyalty whilst we pity his delusion. His vote in the council was to the same effect; for various limi

* On the same day, an address to the crown was carried, praying that the King would give orders for the execution of Pickering, and other condemned priests. This was a savage and inhuman request, as, with the exception of Pickering, the crime of these priests was no other than that of exercising their religious functions. The King desired time to consider of his answer. A message was some time afterwards brought down by Lord Russell, intimating, that the King would order the execution of Pickering, but that the rest were still before the House of Lords.

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