Bill entirely to the Lords. But it was thought necessary, by some ostensible act, to counteract the misrepresentations of Shaftesbury; and the anxiety of a King in behalf of the succession of his brother, was likely to produce a favourable effect on the minds of his people. On the debate in Council on this message, Lord Halifax first manifested his zeal against the Bill, and entirely separated himself from Sunderland, Essex, and Godolphin, who were its secret friends, and wished not to throw it out of the House of Lords at the first reading.

The third reading of the Bill occasioned a long debate. Sir Leoline Jenkins again spoke against it; and Mr. L. Hyde, on the same side, said, that if the law was passed, there was a loyal party which would never obey it, but would think themselves bound, by their oath of allegiance and duty, to pay obedience to the Duke! He remarked that the proviso, ordered to be added for the security of the Duke's children, did not include the words " presumptive heir to the Crown." He was answered by Sir William Jones, a profound lawyer, and a man of great eminence, who maintained, as Mr. Booth had done, that the words " presumptive heir to the Crown" were totally unknown to our law-books; and that the succession

Nov. 15.

The Bill now passed the Commons, 1680. and Lord Russell was ordered to carry it up to the House of Lords for their concurrence. He did so four days afterwards. We are told in the Life of James that many members wished the Bill to be kept back for a short time longer, not thinking the Lords sufficiently prepared; but that Lord Russell, carried on by his exceeding ardour on this occasion, and having the Bill in his hand, ran away with it in spite of all opposition. Finding they could not withhold him, many members accompanied him, and, when it was delivered, gave a mighty shout.

In the debate on the first reading, Lord Essex and Lord Shaftesbury were the chief speakers for it, and Lord Halifax against it. The King was present all the time, and the whole House of Commons, having adjourned their proceedings expressly for this purpose, attended the debate. On a division the Bill was lost, 63 being against it, and only 30 for it. The Lord Sunderland, to the great surprise and displeasure of the King, appeared in the minority. The great majority on this occasion is not difficult to account for. Besides the bishops, whose principles and interest were both against the Bill, there were a number of Lords, either attracted by the distinctions and swayed by the pleasures

sonal canvass of the King. In the debate, the party against the cxclusion derived great advantage from the ready wit and ingenious eloquence of Lord Halifax. For, unhappily, this very able man, though pursuing the same objects as Lord Essex and Lord Shaftesbury, had so great a respect for his own wisdom, that he preferred leaving our religion and liberty without any security, to accepting that which was devised by the judgment of his political friends. *

Lord Halifax proposed, as an expedient to secure the country from the dangers apprehended, that the Duke should be banished for life. The Whigs were totally averse to this proposal, and James himself dreaded it still more than the Exclusion Bill. +

I shall conclude this chapter with the excellent observations of Mr. Fox, on the comparative

* It is more conformable to the character of Lord Halifax to suppose him swayed by the motive I have assigned to him, than by personal animosity against Shaftesbury. Yet he no doubt viewed with apprehension the prospect of Monmouth succeeding to the throne. It would appear, both from Burnet and Temple, that his quarrel with Shaftesbury was rather an effect of his opposition to the Exclusion Bill, than the cause of it

+ Life, vol. i. p. 635.

merits of the Bill of Exclusion and the plan of limitations.

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"To those who acted with good faith, and "meant that the restrictions should really take place and be effectual, surely it ought to have "occurred, (and to those who most prized the "prerogatives of the Crown, it ought most

forcibly to have occurred,) that in consenting "to curtail the powers of the Crown, rather "than to alter the succession, they were adopt

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ting the greater, in order to avoid the lesser "evil. The question of what are to be the powers of the Crown, is surely of superior im"portance to that of who shall wear it? Those, "at least, who consider the royal prerogative as "vested in the King, not for his sake, but for that "of his subjects, must consider the one of these "questions as much above the other in dignity,

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as the rights of the public are more valuable "than those of an individual. In this view, the "prerogatives of the Crown are in substance " and effect the rights of the people; and these " rights of the people were not to be sacrificed "to the purpose of preserving the succession tò "the most favoured prince, much less to one "who, on account of his religious persuasion,

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was justly feared and suspected. In truth, "the question between the exclusion and "restrictions seems peculiarily calculated to

Ex

"ascertain the different views in which the differ"ent parties in this country have seen, and perhaps ever will see, the prerogatives of the "Crown. The Whigs, who consider them as "a trust for the people, - a doctrine which the "Tories themselves, when pushed in argument, "will sometimes admit, -naturally think it their duty rather to change the manager of the "trust, than to impair the subject of it; while others, who consider them as the right or pro

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perty of the King, will as naturally act as they "would do in the case of any other property, " and consent to the loss or annihilation of any part of it, for the purpose of preserving the "remainder to him whom they style the rightful 66 owner. If the people be the sovereign, and "the King the delegate, it is better to change “the bailiff, than to injure the farm; but if the

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King be the proprietor, it is better the farm. "should be impaired, nay, part of it destroyed, "than that the whole should pass over to an usurper."

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A doctrine, entirely similar in its scope and purport to the opinion here given by Mr. Fox, is laid down by Lord Russell, in the paper which he delivered to the sheriffs on the scaffold: "As to the limitations that were proposed," he there says, "if they were sincerely offered, and had passed into a law, the Duke then should have