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 LIBRARY 
 
 ONIVCRSITY 0# 
 CALIPORMIA 
 SAN DtEGO
 
 THE UNIVERSITY LIBRARY 
 
 liNIVERSITY OF CALIFORNIA, SAN DIE5(y 
 
 LA JOLLA. CALIFORNIA
 
 AN 
 
 EXPOSITION 
 
 OF 
 
 THE CIRCUMSTANCES 
 
 WHICH GAVE RISE TO 
 
 THE ELECTION 
 
 OF 
 
 Sir Francis Burdett, Bart. 
 
 FOR THE 
 
 City of Westminster, 
 
 AND OF 
 
 THE PRINCIPLES 
 
 Which governed the Committee who conducted that Election. 
 
 TO WHICH ARE ADDED, 
 
 SOME DOCUMENTS NOT HITHERTO PUBLISHED. 
 
 By Order of the Committee. 
 
 LONDON, 
 
 PRINTED BY A. WILSON, WILD COURT ; 
 
 PUBLISHED BY SAMUEL TIPPER, I.EADENHAIX STREET ; AND SOLD BY 
 
 ALL BOOKSELLERS THROL'GHOUT THE UNITED KINGDOM. 
 
 1807.
 
 UNIVERSITY OF CALIFORNIA, SAN DIEGO 
 
 III II mil ill 'I 'I :ill lllll' I Ml 
 
 3 1822 01690 4468 
 
 AN 
 
 EXPOSITION, 
 
 Sfc. 
 
 W4 
 
 X HE true friends of tlieir country liave long fell, with great 
 regret, tliat the system wliich has grown up, and has heen so 
 long carried on, of governing by corruption, is pregnant with 
 the most serious mischiefs to the state. It had, of late years, 
 become of unparalleled enormity ; and peculations and abuses, 
 of a magnitude beyond conception, were daily discovered : but 
 it appeared that, however flagrant the crime, such was the 
 power of the system, that no remedy could be applied, nor any 
 redress be obtained. The oppressions too, consequent upon 
 the expense of this system of venality, had become so intole- 
 rable, and were so grievously enforced, without the interven- 
 tion of a jury, by the unconstitutional and inquisitorial power, 
 and arbitrary decisions, of Commissioners appointed by the 
 Crown, that many of the adherents of the system which had 
 been adopted by the Pitt and Melville faction, began themselves 
 to complain, and to cease to wonder at the discontent of the 
 people. 
 
 A2
 
 The people felt the oppressions under which they laboured, 
 and anxiously wished Iheni to be removed. But to whom 
 could they apply, on whom could they depend, for assistance ? 
 They had discovered the cause of the evil, and they found that 
 the parlies who possessed most influence in the government, 
 were those who were most interested in the perpetuation of the 
 abuses. Besides, the conduct of the Pittites and the Whigs 
 was equally calculated to shake, if not to destroy, the confidence 
 of the people in all public men. The former had, in direct 
 opposition to their professions, carried on the government of 
 the country, since the year 17S4, by means of corruption, and 
 that very system of borough-mongering which they stood pledged 
 to the people to reform, and which they had juslly declared 
 must destroy the country, if the country did not destroy it. The 
 Whigs had not been able, even by an active and apparently 
 sincere opposition to the disastrous measures pursued by the 
 Pitt and Melville faction, and by an avowal of the most po- 
 pular principles for a series of upwards of twenty years, to wipe 
 off the slain upon their character produced by that banefid 
 coalition at the end of the American war, by which they were 
 enabled to seize " their share of Ihe public plunder," and " to 
 exercise for a time the powers of governinent in the country." 
 
 The memory of this monstrous act was still fresh in the minds 
 of the people, and its effects still in full activity, when, not 
 content with the infamy it had brought upon them, they again 
 united themselves w ith a set of men of the most arbitrary prin- 
 ciples, whose princely fortunes had been purloined from the 
 people, and to whom they had been in strong and systematic 
 opposition for so long a period. With such men they again 
 coalesced, and were enabled, as'before, to assume the govern- 
 ment, and partake the plunder of the country. What else, in- 
 deed, did they during the period of their power ? What hope, 
 that they had raised, did they fulfil ? What expectation did they
 
 realize ? Which of the numerous pledges they had given to 
 the people did they redeem ?* It has been said their time was 
 short — True — but it was long enough to provide tor tliemselve* 
 and their adherents, though not to take care of the couutr). 
 It was long enough for them to enable the man to whom thev 
 had allied themselves, to hold two offices which were constitu- 
 tionally inconsistent with each other. It was long enough to 
 confirm and increase tlie severity of the measures, to pas tiie 
 debts, and raise a statue to the menuiry of that minister, upon 
 the score too of his public merits, whom they had so long op- 
 posed as tlie destroyer of the country. It was long enough few- 
 all these, but not to do any thing for the people. They might, 
 indeed, have saved themselves, in some degree, by merely ap- 
 pearing to attempt to obtain those benefits for the people to 
 which they were pledged : but, no ; they even discontinued 
 their declarations in their favour, and " the best of patriots" 
 <leclared, " that the people must submit to go from the first 
 floor into the garret ;"t from thence the natural course would 
 be to the cellar, and ultimately to the street ! Rut their time 
 was short ! True — Thanks to God and the King, it was long 
 enough to unmask their li>porrisy. 
 
 Such were the remarks of those who had most rea'^on to 
 
 * Tlio abolition of tlie Sluve Trade cannot hv. considerud as a hoon to 
 this conntry, and it was only consented to becanse the plantcis liid at 
 lenjitli discovered that its continnance wonld confirm their rtiin, by in- 
 creasinK their prodnce beyond the consumption of I-2nrope. The Catho- 
 lic Abortion would, perhaps, have attached a few great families to the 
 faction in power, and was avowedly intended to stifle any attempt in fa- 
 vour of the groat body of that sect, who appeared in this case entirely un- 
 considered, and who could not in it find any amelioration of their lot. 
 
 t Mr. Fox's speech on the increase of the Property Tax to 10 per cent, 
 and extending the inquisition of the commissioners to the income of la- 
 bourers, earning for tlie support of llieir families 30s. a week.
 
 6 
 
 think upon the subject, — the middle classes of societN . It ap- 
 peared to them that all public men were alike, and that with 
 *' country" in their mouths, their whole object was to share Ihc 
 spoil. 
 
 With these feelings of the people, it was feared that they 
 would look upon the evils that oppress the country as utterly 
 irremediable ; that they would consequently be iudiflereut to 
 the conduct of their rulers ; that all hope of salutary reform 
 being given up, the love of their coimtry would be extinguish- 
 ed, and in the hour of peril none would be found to defend 
 his native land from foreign or domestic usurpation. It was 
 feared that that independent spirit which Englishmen have so 
 justly boasted ; that spirit which produced the Revolution of 
 l6S8 ; that spirit which elevated the people of this land above 
 nil others, was about to be offered up at the shrine of the com- 
 bined and opposing factions. 
 
 The consequences to be dreaded from this supineness, both 
 morally and politically, were, that this country, so long famed 
 for its manly virtues and determined spirit, would, from being 
 the freest country on the earth, become, like Spain, enervated, 
 debased, enslaved, and depopulated : the ad\antages of its in- 
 sular situation, so favourable to liberty, w ould be lost, and this 
 once proud and happy people would ultimately become the 
 vassals of some tyrant of the Continent. 
 
 To prevent these mischiefs, if possible, some friends of the 
 ancient constitution endeavoured to rouse the dormant spirit of 
 the people of \N'e>lMiiiibler : and, to afford to its inhabitants an 
 opportunity of proving that there still e.xisted a public in the 
 country, and that all the noble virtues of their ancestors were 
 not entirely eradicated, they proposed to them to return two 
 men to parliament, who appeared, from circumstances, best cal- 
 culated to restore to them the purity of the constitution, and, 
 by so doing, to stimulate and encourage the people at large to
 
 follow llieir example. For this purpose ihey selected Sir Fraucii 
 Burdett and Mr. PauU. The whole political life of the former 
 had been devoted to his country — his moral character forbade 
 tliem to fear he would ever desert it. Of the latter, they knew 
 that he had undertaken an object of great national importance, 
 ill consequence of which the factions were united against him, 
 and that he professed to maintain all the principles of the 
 former. These w^ere tlie only men w horn the " full grown cor- 
 ruption of tlie times" had left to their choice. 
 
 The letters addressed by Mr. Fawkes to the freeholders of 
 Yorkshire, and by Sir Francis Burdett to those of Middlesex,* 
 convinced them the more of the propriety of this line of con- 
 duct. A deputation accordingly waited upon the latter, to ascer- 
 tain whether, if elected, he would attend his duty in Parliament ; 
 to which he consented, f 
 
 In consequence, however, of Mr. PauH's conduct, the persons 
 who were voluntarily preparing the business of his election, had 
 determined to withdraw from him, as soon as his committee 
 should be appointed to take it out of their hands. This appoint- 
 ment was made at the dinner of the 1st of May : none of their 
 names were included in it ; X and all the books and papers pre- 
 pared for him were delivered up the next morning, inuiiediately 
 after his return from the duel with Sir Francis Burdett. 
 
 A meeting was held on the same evening (Saturday), when it 
 was determined to call the electors of Westminster, and friends 
 of Sir Francis Burdett, together on the Monday following, at 
 the Crown and Anchor Tavern, to take into consideration the 
 measures necessary to be adopted. The same pej-soiLs met 
 
 * Appendix, No. I. t Appendix, No. V. 
 
 t It does not appear that this committee ever acted. Certain it Li, 
 they took no steps to advertiiic tlie meeting proposed to be lieid th« 
 Monday following.
 
 8 
 
 again on the Sunday evening, when Resolutions were prepared 
 for the meeting on Monday. 
 
 It was also discussed, whether, from the principles which 
 might be deduced from the address of Mr. Fawkes, as well as 
 from the understood friendship and comnuuiiraiion between 
 that gentleman and Sir Francis Burdelt, it would not be advise- 
 able to put them jointly in nomination. This, however, was 
 resisted, on the ground that Mr. Fawkes's parliamentary career 
 had been very short, that, notwithstanding his address, his 
 name was but little known ; and his principles and conduct still 
 less ; and that, therefore, the meeting ought not to commit itself 
 with the people without better authority. The good sense of 
 this reasoning prevailed. 
 
 At the meeting at the Crown and Anchor ou the Monday, 
 the persons who had called it were prevented by an incessant 
 clamour from reading the resolutions they had prepared, or 
 from stating the circumstances, know n only to themselves, which 
 had influenced their conduct in respect to Mr. Paull ; and the 
 meeting hastily and turaultuously decided to nominate Mr. 
 Paull jointly with Sir Francis Burdett. Feeling it impossible to 
 coincide in that nomination without a sacrifice of their prin- 
 ciples, these gentlemen left it to the meeting to appoint persons 
 to carry its measures into effect. 
 
 In the mean while they retired, and, taking into consideration 
 the circumstances in which they were placed, came to the fol- 
 lowing resolutions, which they published ; and entered into an 
 immediate subscription to carry them into effect. 
 
 At a meeting of friends of Sir Francis Burdett, Bart. (Elector* 
 oi Westminster), held at the Crown and Anchor Tavern, 
 in the Strand, on Monday the 4th instant, 
 
 Mr. SAMUEL BROOKS in the Chair, 
 
 IT V7AS RESOLVED UNANIMOUSLY, 
 
 1. That the recent conduct of Mr. Paull has been such as to
 
 induce us to withdraw from him our support at the ensuing 
 election. 
 
 2. That tiie whole conduct of Sir Francis Burdett has been 
 frank, honest, and manly ; and in the late instance we have only 
 to regret, that, yielding to pubhc prejudice, his valuable hfe 
 should have been put to hazard, when he stands almost alone 
 the devoted and intrepid friend of humanity, of England, its 
 people, and /7s laws. 
 
 3. That Sir Francis Burdett, Bart, at this critical juncture, 
 in withdrawing from parliament in despair of the public cause, 
 from the general corruption and venality of the times, could 
 not have recollected, that when to controul bad government, and 
 to guard the public liberty, becomes difficult, the duty increases 
 with the difficulty ; and it is therefore more necessary, more 
 urgent, and more important, that we should recur to the old 
 principles of English freedom, and call upon him to serve us 
 in parliament, to correct the abuses of administration, and 
 guard the constitution. 
 
 4. That it would be to the immortal hohour of the City pf 
 Westminster, and afford a great and glorious example to the 
 electors of the United Kingdom, that ihey should return Sir 
 Francis Burdett to parliament, free from every sacrifice and 
 expense to himself, upon independent principles, consonant to 
 the genuine spirit of the constitution of England, which de- 
 clares that elections .shall be free, ajul without corru|)tion. 
 
 3. That for this purpose a subscription be now opened : — 
 that Franc/* Glossop, E^i. Compton Street, Solio ; Mr. William 
 Adams, 73, Dean Street ; Mr. George Puller, 1 Jy, Long Acre ; 
 and Mr. Samuel Brooks, 110, Strand, be treasurers of this 
 fund ; — and that subscriptions be received by them and the 
 following persons : Edward Langley, Esq. 19, Edgware Road ; 
 Mr. William Rogers, 1 SO', Oxford Street ; Mr. John Grant, 
 26, St. Martin's le Grand ; Mr. Samuel Miller, Skinner Street. 
 SAML'EE BIIOOKS, Chairman.
 
 10 
 
 With a stini midfr 200/. they eutererl upon an elertinii, 
 wliich hiid been known before to have cost the immense sum 
 of 50,000/. And tliis they did without any communication, 
 directly or indirectly, with Sir Francis Burdett, and without 
 consulting any of his private friends. Theij dclermhied to carry 
 the election on the ancient and pure principle of the constitu- 
 tion, or not at all. On the day of election, Sir Francis was no- 
 minated ; and by the votes which they gave, the electors shewed 
 their approbation of the conduct of the committee. The whole 
 establishment of the committee consisted of the necessary check 
 clerks on the hustings, a clerk at the conmiittee room, and 
 five or six messengers. The gentlemen who devoted their time 
 to the hustings as inspectors, as well as those who so zealously 
 undertook to rouse the dormant spirit of the people, deserve 
 the thanks of their fellow-citizens. They were all volunteers. 
 
 To Mr. Jennings, who undertook, at a very short notice, to 
 become the organ of the committee on the hustings, the gra- 
 titude of his fellow-countrymen is due, for the readiness and 
 ability with which he executed the office. 
 
 The zeal and energy of the people, roused from the apathy 
 into which they appeared to have fallen, justified the expecta- 
 tions the connuittee had formed of them, from the noble stand 
 made in the former election ; and gave to Westminster a repre- 
 sentative, with whose political principles they were well ac- 
 quainted, on whose firmness they could rely, and of whose 
 incorruptibility they were well assured. 
 
 There are, however, some circumstances which the com- 
 mittee are desirous should be well understood. 
 
 Sir Fr.nicis Burdett was not a candidate — He was called upon 
 to do his dtity in the state : and as the election was conducted 
 on principles of purity, no personal, and but few political allu- 
 sions, in reference to the candidates who offered themselves, 
 wore necessary. The Committee adhered strictly to the prin-
 
 11 
 
 ciple they set out with, namely, the necessity of liaving a repre- 
 sentative chosen by the free voice of tiie people. Thev also 
 wish the fact to be fully understood, that the deputation before 
 mentioned having seen Sir Francis Burdett on the We(hiesdav 
 week preceding the election, and liaving obtained liis promise 
 to obey the call of the people, no farther communication was 
 had with him till a deputation was again sent to announce his 
 return as one of the representatives for Westminster. * 
 
 The object of the committee, in this publication, is to explain 
 to the electors the principles on which their election has been 
 conducted ; to convince them and the nation, that if there be 
 not more honest men in the House of Commons, the fault rests 
 in a great measure with themselves ; to animate them to ex- 
 ertion when the opportunity shall again offer ; and thus, by 
 sending honest, independent, and determined men to represent 
 them, quietly and peaceably to procure that reform which 
 can alone restore the nation to that state of happiness and con- 
 sequence to which it is entitled. The committee are fully con- 
 vinced, that if the repealed clauses of the Act of Settlement 
 were re-enacted ; the House of Commons completely purged 
 of all placemen and pensioners ; the rotten boroughs disfran- 
 chised ; and means taken to render that House the real repre- 
 sentative of the people, the country possesses sufficient re- 
 sources to avert the mischiefs which threaten us. These means, 
 and these only, the conunittee feel to be adequate to effect the 
 salvation of the country, and preserve its independence. The 
 curses of posterity will fall heavy on those men whose selfish- 
 ness, vanity, and corruption, interfere to prevent it. 
 
 Former administrations have feared the people, and have 
 disarmed them ; but a House of Connnons without placemen, 
 pensioners, and contractors, which shall adequately represent 
 
 • Appendix, No. II. and III.
 
 12 
 
 the people, wluoli shall speak its voice, would lind its best sup- 
 port in the affections of the people ; the nation its best security 
 in that aruis-beariiig prescribed by the constitution. The 
 country, defended by free men, instead of mercenaries, would 
 present an insuperable barrier to the despot of the Continent , 
 and we should not then be insolently threatened with subjuga- 
 tion by a foreign foe. 
 
 Westminsta; 
 Aiiff. nth, 1807.
 
 Is 
 
 APPENDIX. 
 
 No. I. 
 
 Tlie following Letter appeared in the public papers on the 29th April 1807. 
 To the Freeholders of the Counti/ of Middlesex. 
 
 Gentlemen, 
 
 After what lias lately passed in review before us, it is impos- 
 sible to shut our e}es to the actual situation of our country, 
 and as impossible to imagine that any efforts of ours can at this 
 time procure redress. 
 
 Lord Melville, with his associates and abettors, under the 
 pretence of loyalty ; the leaders of the Whigs, under the pre- 
 tence of the constitution ; and the leaders of the Catholics, 
 under the pretence of religion, arc all evidently struggling for 
 one and the same object — a share of the common fpoil : 
 Whilst the wholesome power of the crown, the fair liberty of 
 the .subject, and the real interests of any religion, are all sa- 
 crificed to the common object — plunder. 
 
 Of the rights of the people at large, and of their welfare and 
 independence, not a syllable is even wliispered by any of these 
 factions : and any attempt by others to bring the people or 
 their interests into consideration, is siigtnaliscd as treason. 
 
 In this desperate situation of our affairs (for such I esteem 
 it,) I cannot consent to become a candidate for any seal in |)ar- 
 liament. 
 
 W^itb the onmipotenl means of corruption in the power of 
 our sjjoilers, all struggle is vain. We nnisf wail for our redress
 
 14 
 
 and rcgeiicralion till conuplioii shall have exhausted the meau» 
 of corruption : and I do not beUeve that period very distant ; 
 the present ministers being most likely to be our best friends 
 in hastening it. 
 
 Till that time shall arrive, I beg leave to retire from all par- 
 liamentary service ; without the least abatement of zeal for 
 the rights and liberties of my countrynien, to which I will al- 
 ways be ready to sacrifice my own interests, in any manner, 
 whenever there shall appear the smallest prospect of success. 
 1 am, Gentlemen, with respect and gratitude, 
 Your faithful servant, 
 
 FRANCIS BURDETT 
 
 No. II. 
 Letter sent to Sir Francis Blrdett on the close of the Election. 
 
 Committee Room, Britannia Coffee-house, 
 Cocent Garden, 23 d May, 1807. 
 
 Sir, 
 We have the highest satisfaction in announcing to you, that 
 you have been this day returned to parliament for the City of 
 Westminster, by a very large majority of independent and 
 unsolicited electors. We regard this event with the greater 
 pleasure, because, while it has been produced by the spontaneous 
 exertions of the people, it evinces the progress of public 
 opinion, and, by its very decided approbation of your former 
 conduct, will give countenance and effect to your exertions in 
 defence of the true constitution of our country. 
 
 By order of the Committee of Electors of Westminster, 
 SAMUEL BROOKS, Chairman. 
 
 To Sir Francis Burdett, Bart. M. P. for Westminster.
 
 15 
 
 No. III. 
 
 Answer to the preceding letter. 
 
 Gentlemen, 
 I beg of you to accept my grateful thanks for the honour 
 you have done ine in returning me to parliament as your re- 
 presentative, in a manner so unprecedented, so gratifying to 
 my feelings, and, permit me to say, so honourable to vourown. 
 To justify your choice, and to give effect to your noble exertions, 
 will be the first object of my life ; to the end of which, I trust, 
 a steady adherence to the principles of Liberty will keep us 
 united. 
 
 I remain, Gentlemon, 
 
 Your most faithful, humble servant, 
 
 FRANCIS BURDETT. 
 
 May 23(1 1807. 
 
 To the Electors of IVestminstcr assembled at the Croun and Anchor, 
 
 No. IV. 
 
 DAILY STATE OF THE POU.. 
 
 First Day 
 
 Second 
 
 Third 
 
 Fourth 
 
 Fifth 
 
 Sixth 
 
 Scveiitli 
 
 Eighth 
 
 Ninth 
 
 Tentli 
 
 Eleventh 
 
 Tvvrlftli 
 
 Thirteenth . . . . 
 Fourteenth.. .. 
 Fifteenth 
 
 ToTAt. 
 
 Burdtit. 
 
 Cochrane. 
 
 fifiol. 
 
 Shmian. 
 
 78 
 
 112 
 
 99 
 
 
 135 
 
 214 
 
 171 
 
 58 
 
 96 
 
 1.50 
 
 137 
 
 29 
 
 3.S8 
 
 294 
 
 213 
 
 60 
 
 507 
 
 316 
 
 217 
 
 61 
 
 338 
 
 284 
 
 226 
 
 98 
 
 21'J 
 
 175 
 
 137 
 
 37 
 
 245 
 
 234 
 
 210 
 
 54 
 
 129 
 
 130 
 
 113 
 
 50 
 
 603 
 
 250 
 
 210 
 
 212 
 
 571 
 
 390 
 
 275 
 
 209 
 
 518 
 
 401 
 
 70 
 
 228 
 
 405 
 
 266 
 
 2 
 
 321 
 
 430 
 
 231 
 
 . • . . 
 
 470 
 
 482 
 
 261 
 
 57 
 
 758 
 
 5134 
 
 3708 
 
 2137 
 
 2645 
 
 29 
 16 
 72 
 68 
 43 
 32 
 7 
 
 269
 
 l6 
 
 No. V. 
 
 A copy of the following paper was sent by the Committee to every Elector 
 who gave his suffrage for the Election of Sir Francis Burdett. 
 
 Btitcmnia Coffee-house, Covent Garden, 
 23d May, 1807. 
 
 At a Meeting of the Committee appointed by the Electors 
 of Westminster to conduct the Election of Sir Francis 
 Burdett, Bart. 
 
 Mr. SAMUEL BROOKS in the Chair : 
 
 IT WAS RESOLVED, 
 
 That as those who are enemies of the freedom of election, 
 have endeavoured to misrepresent the circumstances under 
 which was undertaken the enterprise that has led to the glo- 
 rious result, for the puipose of celebrating which we are, witii 
 oilier friends to Purity of Election, about to be assembled, it 
 is necessary that we make a record of those circumstances, and 
 also of the progress of our eilorls, together with a declaration 
 of the principles by which we have been, and still are actuated. 
 
 WE THEREFORE DECLARE, 
 
 1 . That, on the 29lh day of April, a deputation of the free 
 and independent Electors of the city and liberties of West- 
 minster, regarding Sir Francis Burdett as the man distinguished 
 above all others for public virtue, and having witnessed his 
 long, arduous, and disinterested endeavours, to cause to be 
 restored to the people of England those rights and liberties, 
 that security for person and property, which their forefathers 
 enjoyed,, applied to him to become a candidate for their city, 
 at the then ensuing election. 
 
 2. That, to tills application, Sif Francis Burdett answered,
 
 17 
 
 *' That he thought it impossible for hira to render any service 
 to the electors or to the country, and that to become a can- 
 didate under such circumstances was only to aid in the delu- 
 sion." That the deputation then asked Sir Francis, " Whe- 
 ther, if elected without his interference, he would accept the 
 seat, and attend his duty in parliament r" To which he replied, 
 " Certainly, this is the right way ; electors ought to seek re- 
 presentatives, not candidates solicit electors : If I should be 
 returned for Westminster, for Middlesex, or any other place, 
 I must, and certainly shall obey the call, and will do the duty 
 of a faithful steward ; but I will not spend a guinea, nor do 
 any thing whatever, to contribute to such election." 
 
 3. That, upon this answer being conmuuiicated In a n-.eet- 
 ing of electors, it was resolved to put Sir Francis Burdelt 
 in nomination at the hustings, which was accordingly done on 
 the day of election, by Mr. Francis Glossop, whose proposition 
 was seconded by Mr. William Adams. 
 
 4. That the conmiittce which bad been previously formed, 
 opened a public subscription, for the purpose of defraying the 
 expenses of the committee-room, of printing, of messengers, 
 and of several other things indispensably necessary ; and tirat 
 a- list of the subscriptions, including names and sums, has been 
 correctly kept, and is ready for inspection. 
 
 5. That, from the first to the last, the committee made use 
 of no means whatever to give an undue bias to the mind of 
 any elector, appealed to no prejudice, had recourse to nothing 
 tending to flatter or to terrify, to soothe or to inflame ; but 
 addressed themselves, in language unvarnished, to the plain 
 good sense and public spirit of the electors, leaving them to 
 follow the dictates of their own consciences, and uniformly aiul 
 decidedly rejecting every overture for a coalition, in whatever 
 manner made, and from whatever (juarter proceeding. 
 
 B
 
 18 
 
 6. That there have been polled, at this election, 
 
 
 single 
 
 VOTES. 
 
 SPLIT VOTES WITH 
 
 TOTAL 
 
 
 Burdtll. 
 
 , Cockrow. 
 
 EUiot. 
 
 Sheridm. 
 
 PauU. 
 
 
 Cochrane 
 Elliot - - 
 Sheridan 
 Paull - - 
 
 632 
 
 438 
 
 592 
 
 17 
 
 14-23 
 286 
 
 152!7 
 226 
 
 1264 
 
 374 
 
 15 
 
 1264 
 
 14.5 
 4 
 
 374 
 145 
 
 7 
 
 15 
 4 
 7 
 
 37f>8 
 
 2137 
 
 2645 
 
 269 
 
 BURDETT 
 
 SingleVoles 
 
 1679 
 1672 
 
 3462 
 1672 
 
 1653 
 1423 
 
 632 
 
 1413 
 286 
 
 438 
 
 526 
 1527 
 
 592 
 
 26 
 226 
 
 17 
 
 8759 
 5134 
 
 13,893 
 3351 
 
 
 3351 
 
 5134 
 
 3708 
 
 2137 
 
 2645 
 
 269 
 
 10,542 
 
 Total - 
 
 5271 
 
 From which it appears that 3351 electors have given single 
 votes at this election, and that 3271 electors have given 
 double votes, making together 86'22 electors polled at this 
 election ; and also, that, in spite of all the weight of power, of 
 undue and corrupt influence, and of a calumniating hired daily 
 press. Sir Francis Burdett has received within 7 as many single 
 votes as all the candidates put together. 
 
 7. That this result, while it is gratifying in itself, is still more 
 so, when accompanied with reflectioiis on that state of things, 
 when the electors of Westminster, attached to names, and in- 
 attentive to principles, became the mere instruments of the 
 Treasury, and of the great aristocratical families, who, by an 
 amicable compromise, each put in a member ; and thus, as to 
 all practical purposes connected with the elective franchise, 
 had re<luced this great and enliglitened city to a level witli the 
 rottenest of the numerous rotten boroughs. 
 
 8. That, as to our principles, they are those of the Con- 
 stitution of England, and none other; that it is declared by 
 the Bill of Rights, that one of the crimes of tlie Tyrant Jameft
 
 J 9 
 
 was that of interfering, by his ministers, in the election ot 
 members of parliament ; thai, by the same great standard oi 
 our liberties, it is declared, that the election of members of par- 
 liament ought to be free; that, by the act which transferred the 
 crown of this kingdom from the lieads of the House of Stuart 
 to the heads of the House of Brunswick, it is provided, that for 
 the belter securing of the liberties of the subject, no person 
 holding a place or pension under the crown shall be a member 
 of the House of Commons : That those are Constitutional 
 Principles; and as we are convinced that all the notorious pe- 
 culation, that all the prodigal waste of the public money, that 
 all the intolerable burtlhens and vexations therefroni arising, 
 that all the oppression from within, and all the danger from 
 without, proceed from a total abandonment of these great 
 constitutional principles ; we hold it to be our bounden duty 
 to use all the legal means in our power, to restore those prin- 
 ciples to practice. 
 
 9. That though we are fully convinced, that, as the natural 
 consequence of the measures pursued for th€ last sixteen years, 
 our country is threatened with imminent danger from the foe 
 which Englishmen once despised ; and that, though we trust 
 there is not a man of us who would not freely lay down his life 
 to preserve the independence of his countrj', and to protect it 
 from a sanguinary and merciless invader ; yet W€ hesitate not to 
 declare, that the danger we should consider next in importance, 
 the scourge next to be dreaded, would be a packed and cor- 
 rupt House of Commons, whose votes, not less merciless, and 
 more insulting, than a conqueror's edicts, would bereave us of 
 all that renders country dear, and life wortli preserving; and 
 that, too, under the names and forms of law and justice, — un- 
 der those very nynies, and those very forms, which yielded se- 
 curity to the persons and property of our forefathers, 
 
 B'2
 
 20 
 
 ]0. That iu choosing Sir Francis Burdett as our represen- 
 tative and steward, we liave, as far as rested with us, taken 
 care to prevent the existence of such a House of Commons ; 
 that we trust our example will, when occasion serves, have 
 due weiglit with electors in general; and that, by our nulled 
 exertions, the blessings of the constitution will be restored ; 
 the just prerogatives of tlie crown, as limited by law, secured ; 
 ancient and well-earned nobility supported, and the rights and 
 liberties of the people established upon solid foundations. 
 
 That this resolution and declaration be signed by the 
 chairman of the committee, and that they be published. 
 
 (Signed) SAMUEL BROOKS, Chairman. 
 
 Crown and Anchor Tavern, Stra)id, 
 25d May 1807. 
 
 At a numerous meeting of the friends of Sir Francis Burdett, 
 Bart, convened by advertisement to celebrate his Flection 
 for Westminster ; 
 
 JOSEPH CLAYTON JENNINGS, Esq. in the Chair : 
 
 Resolved, 
 That the above report of the committee, appointed to con- 
 duct the election of Sir Francis Burdett, be read. — It was ac- 
 cordingly read. 
 
 Hesolved uyianimously , 
 That this meeting agrees with the connuittee for conducting 
 the election of Sir Francis Burdett, in the resolution and de- 
 claration read to them from the chair ; that they concur in the 
 great constitutional points on which the committee has founded 
 its conduct ; and tJiey request the committee to accept their 
 sincerest thanks for the communication.
 
 ^1 
 
 Resolved tinanimoiisly, 
 That an anniversary of tlie glorious triumph of the ek'ctors 
 of Westminster, by the election of Sir Francis Burdett, be 
 held at this house on the 23d day of May. 
 
 (Signed) J. CLAYTON JENNINGS, Chairman. 
 
 Resolved unanimously, 
 That the thanks of this meeting he given to Mr. Jennings, 
 for his discreet, spirited, and able conduct during the election. 
 
 (Signed) WILLIAM JONES BURDETT. 
 
 No. VI. 
 
 Address from t!ie Committee to the Electors, on tlic final close of tlie poll. 
 To the Electors of Westminster . 
 
 The Victory, the unexampled and glorious victory, which 
 lias been achieved by your spontaneous exertions, fully sanctions 
 that conduct which your committee adopted, and invariably 
 pursued, throughout the contest which has just terniiiiated. 
 
 The return of Sir Francis Burdett, as your representative in 
 parliament, is an event which they trust you will ever retain in 
 your memory, as a most indisputable proof of what may be ac- 
 complished by the nianly exercise of the elective franchise, 
 when conducled by the honourable and pure principles of the 
 constitution. Continue to adhere to tlio^e principles — recal 
 them to your own minds — instil them into those of your chil- 
 dren — they will effect every thing that honest men can wish. 
 
 Retrace your own exertions — look back upon them with that 
 honourable pride which freemen can alone feel — the glorious 
 result will ever be before you.
 
 2i 
 
 You have had to contend against wealth, infhience, and 
 power — Will) zeal, virtue, and perseverence, you have con- 
 quered. Yours has been the act — be yours the honour. The 
 event will gall the enemies of your rights, the enemies of 
 your constitution. Re, therefore, vigilant — sleep not on your 
 post. The time may come, and that, too, much earlier than 
 you expect it, when you may be called again into action : — 
 be prepared for it. If the example you have set be followed 
 in other places, or if you be again called to the contest, and are 
 again victorious, the country may yet be restored to its con- 
 stitutional vigour. 
 liritannia Coffee-house, Piazza, ConenUGardm, 24^ft May. 
 
 No. VII. 
 
 The Address of Sir Francis Burdett to his constituents, on the final 
 close of the poll, which appeared in the papers of 25th May 1807, 
 
 To the Electors of Westminster. 
 
 Gentlemen, 
 
 Next to the consciousness of endeavouring sincerely to serve 
 my country, nothing can be more pleasing to my mind than the 
 public approbation of my endeavours. Accept my grateful 
 thanks. 
 
 At the same time forgive me feeling something like despair 
 of any good to the country, whilst I see the regular expenses 
 of corruption greatly exceed all the expenses necessary for any 
 war which we can be justified in pursuing ; whilst I see 
 attempts to delude the public mind, by comparatively petty and 
 insignificant inquiries into what is termed peculation ; whilst 
 tliose inquirers themselves think it not dishonourable to seize 
 greedily every opportunity of enriching themselves out of the
 
 23 
 
 public spoil, by any other means not termed by them pecula- 
 tion. 
 
 Such wretched notions of public honour and lionesty can 
 afford no signal benefit to the public, nor can give us any suit- 
 able redress. They appear to me to resemble the notion of 
 cliastity entertained by the prostitute, who boldly challenged 
 any one to say — that she ever went out of the regiment. 
 
 According to them, all within the regiment, all within the red 
 book, is honourable and virtuous ; and they insult us by de- 
 claring, that they have as good a title, by the red book, as any 
 of the people can have, to the fruits of their industry, or to the 
 inheritance of their ancestors ; from which industry, and from 
 which inheritance, be it remembered, and from them alone, 
 the red book itself takes every thing that it has to bestow : so 
 that they pretend as good a right to all which they can contrive 
 to take from us, as we have to the remainder — till they can 
 take that too. 
 
 Gentlemen, figure to yourselves a gang of robbers, combined 
 to plunder the peaceable and industrious inhabitants of several 
 surrounding parishes, and agreeing amongst themselves to share 
 the booty in such different proportions as the leader of the gang 
 shall appoint to each. From time to time it will happen, that 
 some thief or other amongst them will purloin a part of tlie 
 booty, and clandestinely appropriate to himself more than his 
 appointed share : the purloiner is detected ; and the gang, 
 with open mouths, exclaim against the atrocity of cheating the 
 regiment : the only crime of the kind which they acknowledge 
 to be so. Would it not be ridiculous in these plundered 
 parishes to take any part in such a dispute, and to divide 
 themselves into strong parties for the accusers or the accused ? 
 As long as the thieves in common take all they can seize, what 
 is it to the plundered people who share the booty, how they 
 share it, and in what proportions? Ought they not rather to 
 destroy the gang, and abolish the combination?
 
 Such is my conception of the different corrupt ministers we 
 Iiavc seen, and their corruj)t adherents. And unless the pubh'c, 
 witli an united voice, shall loudly pronounce the abolition of 
 the whole of the present system of corruption, I must still con- 
 tinue to despair of my country. 
 
 You, Gentlemen, by this unparalleled election, have loudly 
 pronounced your sentiments. May your voice be echoed 
 through the land ! 
 
 In the mean time, though an individual is as nothing in the 
 scale, I will carry with me your sentiments into the House of 
 Commons. And I assure you, that no rational endeavours of 
 mine shall be omitted, to restore to my countrymen the undis- 
 turbed enjoyment of the fair fruits of their industry ; to tear out 
 the accurs'ed leaves of that scandalous red book ; and to bring 
 back men's miuds to the almost forgotten notions of the sacred- 
 ness of private property, which ought no longer to be transfer- 
 red from the legitimate possessors, by the corrupt votes of venal 
 and mercenary combinations. 
 
 I will continue, Gentlemen, disinterestedly faithful to the in- 
 terests of my country, and endeavour to prove myself 
 
 Your zealous representative, 
 
 FRANCIS BURDETT. 
 
 No. VIII. 
 
 Tlie Conimiltee having determined to present to Sir Francis Burdett 
 the Car, Banners, and Flags, used during the Election and Procession, 
 the following Letter \ns transmitted to him. 
 
 Committee Room, Britannia Coffee-house, 4th July, 1807. 
 Sir, 
 
 After the almost unexampled victory obtained by the electors 
 of Westminster in favour of the people, they can no where so
 
 25 
 
 properly deposit the memorials of their triumph, as in your 
 hands. The conmiittee have, therefore, to request that you 
 will accept tiieui. 
 
 The car and banners used at the celebralion of an event of 
 so nmcli importance to the country, the memory of whicli will 
 descend to our posterity, cannot fail to remind you of the great 
 public principles by which it was produced. 
 
 The factions which have been so long contending for Ihe go- 
 vernment had both been tried. Each, in its turn, had op- 
 pressed, plundered, and disgusted the people. The virtues, 
 both private and public, for which your character was revered, 
 pointed out to Ihe electors of Westminster the man whom they 
 should call to their aid. The name of " Burdett" was pro- 
 nounced, and '' Burdett and our Country" resounded from 
 every part of this great City. " ol3-l-" Electors came forward, 
 and secured, by an unparalleled " Majority," " The triumph 
 of Westminster," over the associated panders of venality, and 
 tools of corruption. " You were called from the retirement 
 you had chosen," and returned with the utmost " Purity of 
 Election" to advocate the cause of your country, as their re- 
 presentative in the senate. 
 
 You are sent to express " the sense of the people," and 
 to lend your best assistance to restore to them those in- 
 estimable blessings of " the constitution," of which they have 
 been deprived by a long series of fraud and hypocrisy : to re- 
 store to them " a full, fair, and free representation in parlia- 
 ment," and the use of trial by jury in all cases whatever. In 
 short, to assist in restoring to them that constitution which their 
 ancestors did not think dearly purchased with their blood. 
 
 The car and baimers must remind you, at all times, of those 
 great public principles, to support which you stand pledged to 
 the country. They will animate you to your duty. You will 
 perform it. And if the perishable materials, of which they are
 
 S6 
 
 composed, permit them to be preserved beyond the period of 
 your own existence, your children will look upon them with 
 reverence and affection as the highest honour they derive from 
 their ancestor. But were you to fail, they would remain a con- 
 stant reproach upon your conduct, and your children would 
 justly consider them the greatest blot in their escutcheon. 
 
 By order of the Committee, 
 (Signed) SAMUEL BROOKS, Chairman. 
 To Sir Francis Burdett, Bart. M. P. for Westminster. 
 
 No. IX. 
 
 ANSWER. 
 
 Wimbledon, July 7, 1 807. 
 
 Sir, 
 
 I shall receive with pleasure and gratitude those memorials 
 of the patriotism, spirit, and independence of the electors of 
 Westminster, which the committee propose to deposit in my 
 hands. Amongst them, your excellent letter will not, in my 
 humble opinion, be the least useful, or the least esteemed. 
 They will, I hope, not only serve to remind me and my children 
 of the great duties all men owe their country, but also help to 
 revive the ancient love of liberty in the heart of every English- 
 man, his children, and latest posterity. 
 
 I remain. Sir, 
 
 Your most obedient, humble servant, 
 
 FRANCIS BURDETT. 
 
 Mr. Samuel Brooks.
 
 27 
 
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 THE 
 
 SPEECH 
 
 OF 
 
 JOHN LEACH, Esq. M. P. 
 
 IN THE 
 
 COMMITTEE OF THE IVHOLE HOUSE, 
 
 UPON 
 
 THE STATE OF THE NATION, 
 
 ON 
 
 Monday, December 31, 1810. 
 
 Ul'ON 
 
 THli QUESTION OF LIMITATIONS TO THE ROYAL 
 AUTHORITY IN THE HANDS OF THE " 
 REGENT, 
 
 LONDON 
 
 lltlNTED FOR J. RIDCWAY, 170, PICCADILLA', 
 OPPOSITE BOND-STREET. 
 
 1811. 
 W. Flint, Printer, Old Bailey.
 
 SPEECH, &c. i=r 
 
 ^4 
 
 On Monday, the 31st of December, 1810, 
 the House, having formed itself into a Commit- 
 tee for taking into consideration the state of 
 the nation, the Chancellor of the Exchequer 
 moved the following Resolution — 
 
 Resolved, 
 ** That, for the purpose of providing for the 
 ** exercise of the royal authority, during the 
 *' continuance of his Majesty's illness, in such 
 •' manner, and to such extent, as the present 
 ** circumstances, and the urgent concerns of 
 ** the nation appear to require, it is expedient 
 " that his Royal Highness the Prince of Wales, 
 ** being resident M'ithin the realm, shall be 
 " empowered to exercise and administer the 
 ** royal authority, according to the laws and 
 ** constitution of Great Britain, in the name 
 " and on the behalf of his Majesty, and under 
 
 B
 
 9 
 
 ** the style and title of regent of the kingdom ; 
 " and to use, execute, and perform, in the 
 
 *' name, and on the behalf of his Majesty, all 
 
 *' authorities, prerogatives, acts of govern- 
 
 ** ment, and administration of the same, which 
 
 '' belong to the king of this realm to use, 
 
 *' execute, and perform, according to the laws 
 
 ** thereof, [subject to such limitations and 
 
 *' exceptions as shall be provided.]" 
 
 Mr. LAMBE moved to amend the proposed 
 resolution, by leaving out the latter words 
 within the brackets. 
 
 Mr. LEACH, in the course of the debate, 
 spoke to the following effect : 
 
 The amendment moved by my honourable 
 friend suggests for discussion two important 
 questions : The right of the two houses of Par- 
 liament to subject the royal authority in the 
 hands of the regent to limitation and exceptidn ; 
 — the expediency of doing it if they have the 
 right.
 
 My right honourable friend, who moved 
 the resolution, pressed upon the Committee the 
 precedent of 1788. — The noble lord who spoke 
 last but one ( Lord Castlereagh,) has told us, 
 that to depart from this precedent would be to 
 embarrass the public interest, and to occasion 
 serious future mischief. It becomes us then to 
 consider what is the authority of precedent. 
 A succession of precedents beginning in remote 
 times form the common law of the,land, and the 
 common law of parliament. They prove the law, 
 not simply by the exercise of it, but by the 
 acknowledgmentof it, by the submission to it, 
 which is implied in the continued exerciseof it. 
 — A single precedent, and that in modern times, 
 not having the authority derived from this ac- 
 knowledgment and submission, is nothing more 
 than the particular opinion of the actors upon 
 a particular occasion. 
 
 In courts of justice, where those who declare 
 the law cannot be supposed to have, nor have in 
 truth any other motive than a sense of public 
 duty, a single precedent is entitled to, and re- 
 ceives great respect. It is the honest judgment
 
 of oncor more eminent and learned persons upon 
 the point declared. It is prima facie an autho- 
 rity, but it is not conclusive. It may be ques- 
 tioned and examined : those who question it 
 must shew error in it; must expose some 
 misapprehension of principle, or some mistake 
 in the conclusion ; and if error be once shewn, 
 the authority is gone. 
 
 A parliamentary precedent cannot stand upon 
 higher grounds. Let us act upon the precedent 
 of 1788, if error be not shewn ; if there be no 
 misapprehension of principle, no mistake in the 
 conclusion. 
 
 If the two houses of parliament, in supplying 
 the defect of the personal exercise of the royal 
 authority, have the right to subject that autho- 
 rity in the hands of the regent to limitation 
 and exception, the right must be founded either 
 in the statute law of the land, or in the common 
 law of parliament, or in constitutional princi- 
 ples apphcable to the special case. 
 
 It is admitted that no statute gives the right.
 
 The common law of parliament, as I have before 
 observed, is to be found in parliamentary prece- 
 dents. It may be collected also from ancient 
 text writers, whose works are entitled to autho- 
 rity, as containing not only principles and doc- 
 trines derived from parliamentary proceedings 
 of which records exist, but as being a sort of 
 tradition of the effect of former parliamentary 
 proceedings of which there are no existing re- 
 cords. 
 
 It is admitted that the right now claimed to 
 limit the royal authority is not to be met with 
 in any text writer. There is indeed no text 
 writer who treats of this question. But it is 
 insisted that there is in ancient parliamentary 
 precedents much authority for this right. My 
 right honourable friend, the Chancellor of the 
 Exchequer,and the noble Lord to whom I have 
 before alluded (Lord Castlereagh) assert that 
 in no instance where the two houses of par- 
 liament have supplied this defect in the perso- 
 nal exercise of the royal authority, whether 
 arising from infancy or infirmity, have they
 
 ever conferred upon the regent the entire power 
 and prerogatives of the crown. Now with 
 respect to this question, of right in tli€ two 
 houses to limit the royal authority, there can 
 be no distinction in principle, whether they ex- 
 ercise that right and duty to supply the present 
 defect, which our resolution of a former night 
 has declared, by naming one person or more 
 than one person to fill the office of regent, whe- 
 ther they name a sole regent or a council of 
 regency, or a regent controlled by a council. 
 I agree that in no instance have the two houses 
 supplied the defect by giving to a sole regent 
 the whole royal authority, for in no such in- 
 stance have they named a sole regent ; in no 
 such instance has there been at the time an heir 
 apparent of full age. But upon the best exa- 
 mination which I have been able to give to all 
 the precedents in our history, I cannot find 
 that in any casein which the two houses of par- 
 liament have supplied the defect of the personal 
 exercise of the royal authority, whether aris- 
 ing from infancy or infirmity, have they ever 
 proceeded to limit and abridge that authority 
 itself wherever placed.
 
 7 
 
 I believe that th e first precedent upon this 
 point is the case of Edward III. The Com- 
 mittee know that the unfortunate monarch Ed- 
 ward II. while confined in Kenilworth Cas- 
 tle was compelled by the Queen,his wife, and her 
 favourite Mortimer, to summon a parliament. 
 In this parliament he was compelled by the same 
 influence to resign his throne, and his son Ed. 
 ward III. then fourteen years of age, was de- 
 clared king. Mr. Hume, the historian, tells us 
 that a council of regency was appointed by par- 
 liament, consisting of twelve persons, whom he 
 names. He does not tell us from whence he de- 
 rives his knowledge of this fact. From the Rolls 
 of Parliament it sufficiently appears that a council 
 was appointed, but I can find no trace of the ac- 
 tual appointment there or elsewhere. I think 
 it reasonably to be inferred, that this council 
 possessed the whole regal power without 
 limitation, because deriving their authority in 
 effect from the Queen and Mortimer, whose in- 
 struments they were, a limitation of the power 
 of the agents would have been a limitation of 
 the power of the principals ; and because the 
 
 2
 
 8 
 
 historian mentions no such limitation, and be- 
 cause in the succeeding precedent of the next 
 reign there was no such limitation. 
 
 Edward the third died on the first of June 
 1377, leaving his grandson and successor Rich- 
 ard II. eleven years of age. He was crowned 
 at Westminster on the 15th of July in that year, 
 and on the succeeding day an ordinance was 
 made by the house or council of peers, as it is 
 there termed, there being no existing parliament, 
 and the minor king being present in person,the 
 effect of which, was that the king and the peers 
 should chuse twelve persons to form a council 
 of regency with the chancellor and treasurer, in 
 other wordsjthat the peers should name the coun- 
 cil. The letters patent appointing this council 
 are to be found in the seventh volume of 
 Rymer*s Foedera. They are in general, words 
 applying without limitation to the whole regal 
 authority. 
 
 A parliament was called in the month of Oc- 
 tober following, and it appears by the Rolls of
 
 parliament that upon the petition of the com- 
 mons, according to the then form Of proceed* 
 ing, the number of the council was changed 
 by the house of peers ; and it was provided 
 that they should be annually elected, but no 
 limitation appears to have been imposed upon 
 their authority. 
 
 The next precedents are to be found in the 
 reign of Henry VI. At the death of Henry 
 V. his father, this prince was only nine 
 months old. His elder uncle, the Duke of 
 Bedford, was then in France. His next uncle, 
 the Duke of Gloucester, caused the great seal 
 of the late king to be put into the hands of the 
 infant monarch, and from thence delivered over 
 and put to a commission authorising the Duke 
 of Gloucester to hold a parliament. By this 
 parliament the Duke of Bedford, when he should 
 return to England, and the Duke of Glouces- 
 ter in his absence was appointed protector and 
 defender of the realm. The patronage of cer- 
 tain offices civil and ecclesiastical was given to 
 the protector personally. All other patronage 
 
 c
 
 10 
 
 was declared to remain in the disposition of the 
 king by the advice of the protector and coun- 
 cil assisting in the government, and certain 
 persons were appointed to be the counsellors 
 assisting in the government. The authority of 
 the protector and council in matter of govern- 
 ment thus to be exercised in the name of the 
 king was given in these general words, and ne- 
 cessarily extended to the whole regal power. 
 
 In the 32d year of the reign of this monarch 
 the nation was in his person visited with the 
 same calamity as now afflicts this country, in 
 the person of our beloved sovereign. 
 
 The parliament stood adjourned till the 14th 
 of February, and by the influence of Richard 
 Duke of York, and by the advice of the privy 
 council^ as it is alledged in the public instru- 
 mentSj the great seal was put to a commission, 
 authorising the Duke of York to meet and hold 
 the parliament on the day to which it had been 
 adjourned. 
 
 By this parliament.Edward, Prince of Wales,
 
 u 
 
 then an infant in the cradle, when he should 
 come to years of discretion, and the Duke of 
 York in the mean time was named protector 
 and defender of the realm, with a council as- 
 sisting in the government, according to the 
 precise form of the prior precedent in this 
 reign. 
 
 In a few months the king resumed his power, 
 and the Duke of Somerset, the avowed enemy of 
 the Duke of York, being placed at the head of 
 the administration, the Duke of York took to 
 arms, and the first battle of St. Alban's was 
 fought, in which Somerset was slain, and the 
 king made prisoner ; and then in the 34th year 
 of the reign the parliament renewed the appoint- 
 ment of the Duke of York to be protector and 
 defender of the realm,with a council according 
 to the former precedents, his authority being 
 limited to determine when Edward, Prince of 
 Wales, should come to years of discretion. 
 
 The only remaining case is that of Edward 
 the 6th. This prince at the death of his father.
 
 12 
 
 Henry the 8th, was nine years old, and the will 
 of his father had appointed sixteen executors, 
 whomhedesired to have entrusted with the whole 
 regal authority until his son should attain the 
 age of eighteen. Parliament sanctioned this 
 will, and tlieadmiriistration proceeded accord- 
 ingly. Somerset being elected by the counsel to 
 be chief counsellor under the title of protector, 
 and this is therefore to be considered as another 
 parliamentary precedent of a regency withoutli- 
 mitation, inasmuch as the authority could only be 
 legally derived from the sanction of parliament. 
 
 The noble lord has referred to the cases of 
 Custodes Regni, lieutenants of the king, or 
 lords justices appointed to administer the 
 government during the temporary absence of 
 the monarch from the kingdom, and tells us, 
 that in all such instances limited authorities 
 alone are granted. The noble lord must per- 
 mit me to state that thee cases have no ap- 
 plication. These are not appointments to sup- 
 ply the defect of the moral capacity of the 
 king ; they are not appointments made by the 
 
 2
 
 two houses of parliament ; but they are ap- 
 pointments made by the sovereign of his own 
 authority to provide against inconvenience in 
 the administration of the government, during 
 his temporary absence. The extent of their 
 power depends 'altogether upon the pleasure of 
 the sovereign, and has been very different at 
 different times, as the nature of the absence 
 and the difficulty or facility of communication 
 with the sovereign made more or less power ex- 
 pedient. 
 
 Upon the best consideration, therefore, of 
 the precedents which I have stated, and which 
 I believe to be all in our history, in which the 
 two houses of parliament, without an efficient 
 third estate have supplied the defect of the per- 
 sonal exercise of the regal authority, I pre- 
 sume to say, that this right is not found in the 
 common law of parliament, is supported by 
 no authority, and is repelled by all such autho- 
 rity as there is upon the subject; and whatever 
 objection may be made to the times and cir- 
 cumstances, in which particular precedents oc-
 
 14. 
 
 curred, yet the general conclusion is» that in no 
 times, nor under any circumstances have the 
 two houses of parliament ever assumed the right 
 now claimed. 
 
 Let us, however, for the sake of the argu- 
 ment, proceed to consider this question of right 
 as if authority were equally absent on both sides, 
 as if the case of supplying the defect of the per- 
 sonal exercise of the regal authority were wholly 
 new, a case not provided for. — 1 entirely agree 
 with the Chancellor of the Exchequer, that, in 
 the consideration of right individual character 
 is wholly out of the question. — I admit, that 
 the question of right must be the same as if the 
 illustrious and excellent person proposed to be 
 regent, in the place of all those high qualities 
 which entitle him to, and command the admi- 
 ration and affection of the country, were a per- 
 son of the very lowest rate of character and ta- 
 lent, to whom it could be supposed that the 
 two houses, by reason of the pretensions of 
 birth would be induced to commit the high 
 office of regent.
 
 15 
 
 I agree that the individual character of the 
 Prince must go for nothing upon the question 
 of right, though it would be far otherwise upon 
 the question of expediency if the right were 
 supposed. 
 
 But if the individual character of the pro- 
 posed regent is of no weight upon the question 
 of right, of what weight can be the individual 
 character of the sovereign, the defect of whose 
 authority is to be supplied ? Can the right of 
 the two houses to supply this defect depend up- 
 on the fact, whether the sovereign is deservedly 
 the most popular or the most unpopular prince 
 that ever filled the throne ? Let not our affec- 
 tions and feelings in this respect misguide our 
 better judgments. Not only can the individual 
 character of the sovereign be of no weight upon 
 the question of right, but it could, as I think, be 
 of no weight upon the question of expediency, 
 if the right were admitted. The expediency is 
 to the public interests. Is it expedient for the 
 public interests th-it the whole regal authority 
 should be placed in the hands of the regent ?
 
 16 
 
 Is it essential to good government, to the main- 
 tenance of the constitution ? Of what impor- 
 tance to these questions can it be, whether the 
 indisposed sovereign is more or less entitled to 
 the love and reverence of his people ? If it be 
 asked whether in such afflicting circumstances 
 you would deal in the same manner with a mo- 
 narch who deserved all the blessings, and with a 
 monarch who called forth all the execratfons of 
 his people : Certainly not. Affection and grati- 
 tude give grace and honour to national charac- 
 ter, as they give estimation and value to indi- 
 viduals. The affection and gratitude of the 
 people should follow the person of a beloved 
 monarch into the shades of his retirement, 
 should surround his repose with all the dignity 
 that can influence respect. But most unfortu- 
 nate would be the direction of such feelings if 
 they led us to forget what was due to the 
 power and splendour of the throne itself ; and 
 most unnecessarily and unwisely to select 
 such particular form of paying our just tribute 
 to the virtues of our afflicted sovereign, as 
 should endanger the substantial interests of 
 his people.
 
 17 
 
 To return to the consideration of the question 
 of right, as if the case of supplying the defect 
 of the personal authorit}' were new. The king 
 hy reason of infirmity, is incapahle of those 
 acts of ro3'al authority which require his per- 
 sonal interference. — The constitution has pro- 
 vided no remedy, necessity demands that this 
 defect should be supplied. By whom to be 
 supplied, but by the remaining estates of the 
 kingdom. Of necessity it is the right and 
 duty of the two houses to supply this defect. 
 What is the particular defect? The political ca- 
 pacity of the king is entire. Personal infirmity 
 cannot touch it. It must at all times per- 
 vade in equal force the general administration, 
 of government. The natural capacity of the 
 king is entire ; there is no demise.of the crown ; 
 the throne is full. The defect is in the moral 
 capacity of the King ; the will to do acts, 
 rcquiiiDg personal interference. This v/ill is 
 then to be supplied, some representative of 
 the royal will is to be appointed to act for 
 the. king, and in his name, in matters requiring 
 his personal interference. This is the extent 
 
 P
 
 18 
 
 of tlic necessity, and tli:it rojal will supplied in 
 the person of the Piince as regent,, the defect 
 is cured, and the monarchy entire.' The right 
 created only by necessity is limited hy necessity, 
 and here ends the right and duty of the two 
 houses. 
 
 But is that all which this resolution calls upon 
 us to do? No. It requires us to subject this 
 royal will to be represented by the regent to 
 some limitations and exceptions. He is to act 
 for the king, not in all matters requiring his per- 
 sonal interference, but in some such matters 
 only ; and as to these excepted matters there is 
 to be no representation of the royal will ; the 
 functions of royalty to that extent are to 
 be suspended : the constitutional monarchy 
 therefore is not to be reanimated, but a mutilat- 
 ed monarchy is to be created, a new monarclij'-, 
 for the difference makes it new. In consider- 
 ing this question we are not to look at the par- 
 ticular limitations and exceptions : for if there 
 be the right to limit, it can have no bounds but 
 the pleasure of the two houses. How is this 
 
 1
 
 19 
 
 right of Innovation, of change, to be brougljt 
 within the necessity wliich creates il? It is said 
 tliat if the exercise of the right be lin-sitecl by 
 tlie mere necessity;,an(l is to end w iili supplying 
 in the regent the defect of the royal will much 
 inconvenience may ensue, and therefore the two 
 houses, upon tlie principle of public exi)e(lien~ 
 cy, must have a right to go beyond the neces- 
 sity in order to avolil the inconvenience. 
 
 To M'hat end are dignities and prerogatives 
 given to the crown ? As the means of efficient 
 government, as the means of maintaining the 
 constitution, the balance of the three estates. 
 As an abstract question, then, it must be ad- 
 mitted to be most inexpedient and dangerous, to 
 leave it to the two liouses to determine in any 
 case wliat portion of restraint and controul ui)ou 
 themselves the crown shall possess. But itmay 
 be said, we have but a choice of evils, and the 
 least evil is, that the two houses should possess 
 tliis power of limit ition, though the danger 
 cannot be denied. What is the evil on tlie other 
 side ? It is said if the reirent be entrusted with
 
 20 
 
 certain prerogatives of ihc crown, he may, dur- 
 ing this temporary exercise of the royal authori- 
 ty so abuse his power as to create obstruction to 
 the due exercise of the future government of the 
 king Mhcn he resumes the throne. An instance 
 has been put, th.at he may during the regency 
 create so many peers that when the king re- 
 turns to power, he cannot, upon principles of 
 public policy, for some time add to the number, 
 and thus the king's government will be enfee- 
 bled by the want of this power of making peers. 
 
 The supposed evil therefore is, that when 
 his Majesty is happily restored to the throne, 
 the public interests may suffer by the want of 
 his entire constitutional prerogatives. Now 
 this evil is at least uncertain, for although we 
 all look with sanguine hopes to the recovery 
 of his jMajesty, yet it is not morally certain. 
 It is fair in argument to assume the possiI)ility 
 of the abuse of power by the regent, however 
 little to be apprehended in fact ; but it cannot 
 even in argument be assumed tliat it is certain 
 the regent will abuse his power.
 
 21 
 
 Now to avoid this uncertain evil, what are 
 we called upon to do? To incur certainty, 
 an evil precisely of the same nature. The 
 evil which the public interests may suffer by 
 the want of the entire constitutional preroga- 
 tives of the crown in the hands of the regent; 
 and we arc desired to consider this certain evil 
 as so much preferable to the same evil in 
 uncertainty, that we are to purchase this 
 preference at the price of assuming in the two 
 houses a power over the regal authority, which 
 in its principle cannot be denied to be of most 
 dangerous and unconstitutional tendency. 
 
 In this way of viewing this part of the case, 
 I have given a weight to the argument of the 
 possibility of the abuse of power by the regent ; 
 to which I think it in no degree entitled 
 upon general principles. A regent may abuse 
 the royal power, a monarch may abuse his 
 power; but has not tlie constitution given to 
 the two houses of parliament, such means of 
 restiaint and controul upon the loyal authority, 
 as both in theory and practice eflectually to 
 guard against such abuse, and is it to be appre-
 
 bended tint these means^ wliich liave been found 
 e/licient in tlie case of nionarc}i% will be too 
 feeble to resist a regent ? That a regency, a 
 temporary government, ^vill piiive more power-* 
 ful tlian a monarchy, a j>ernKin;nt govern- 
 ment ? 
 
 Anotlicr mode of arguing tliis question is, 
 that tl)e two liouses liaving a light to supply 
 tlie whole roval will, have therefore a rig-ht to 
 supply any part of th.e royal will, for the greai- 
 ter right includes the less. In matter of pro- 
 perty a right to dispose of il;!e whole, necessa- 
 rily includes a right to dispose of a part. If 
 the whole is mine, every part is mine ; who has 
 a right to say that I shall not give what is mine 
 wholly or in part ? But does the defect of the 
 royal will make the royal authority the proper- 
 ty of the tuo houses ? Make the royal preroga- 
 tives their property, to l;c disposed of wholly or 
 in part at their pleasure ? What is one main ob- 
 ject of tliese prerogatives ? To enable the crown 
 to maintain its independence of the tuo Ikm'.sc-. 
 Canittlien be contended, with any colour of 
 principle, that the riglit to restore the royal au-
 
 23 
 
 thority includes in it, as intlie relation of 
 part to whole, aright to limit the royal autho- 
 rity, a right so to limit it, if the two houses please, 
 as to make it dependent upon the two houses, 
 a riglit so to limit it as to destroy it ? 
 
 Again, it may be said that if the right of the 
 two houses is to be so limited by the necessity, 
 that it is to end by supplying in the regent the 
 defect of the royal will, the two houses cannot 
 even have the power to provide for the security 
 of the kfng's person, or for the facility of his 
 return to power. It appears to me tliat such 
 consequence docs not necessarily follow. — 
 The objection is to the right of the two houses 
 to impose limitations upon the royal authority ; 
 but provisions which secure the king's person and 
 liis return to power, are not necessarily limita-r 
 tions upon the constitutional authority of the 
 crown, but matters merely collateral. — I admit; 
 that the particular provisions about to be proposed 
 for those objects, are in their nature limitations 
 of the royal authority ; and to guard, tlicreforc, 
 against an undue assumption of power, by the
 
 24 
 
 two houses, under colour of sucli provisions, 
 I am disposed to think, that it might l;e more 
 sound in principle to say, that even to this 
 extent the two houses could not, of their own 
 authority interfere, nor until they had supplied 
 the third estate. — The only argument against 
 it is, that by possibility the regent may uot 
 concur in proper provisions — that the first act 
 of power by the regent may be a gross viola- 
 tion of his public duty. I confess that the 
 constitutional powers of the two houie ?, con- 
 sidering thequestion generally, and not the par- 
 ticular case, are sufficient to relieve me from 
 this apprehension, but I think this point not 
 very important. 
 
 For these several reasons, assuming, for the 
 sake of the argument, but .not admitting that 
 this claim of ri^^ht in the two houses to inforce 
 limitations- upon the regent is to be considered 
 as if authority were equally absent on both sides, 
 that it is a new case, and a case not provided 
 for, my conclusion is, that the right is as un- 
 founded in principle as it is in piecedtnt. And
 
 25 
 
 here I should be warranted in terminating the 
 argument ; for if it beclear,asl think it is, that 
 there is no right, then the question of expedi- 
 ency in the particular case cannot arise. 
 
 lam willing, however, to consider the ques- 
 tion of expediency, not the supposed public 
 expediency, which is used in argument to sup- 
 port the right, and to which I have already at- 
 tended, but the expediency of using the right 
 
 in the particular case, if the right existed. 
 
 I 
 
 A right to be u«ed as it may be expedient, as 
 times and circumstances may require, stands 
 separated by clear distinction from a positive 
 rule of conduct which is applicable to all 
 times and circumstances. Before the right is 
 used the expediency must be proved. 
 
 Is it as a general proposition expedient that 
 wherever the personal exercise of the royal au- 
 thority is for a time to be placed in other hands, 
 some of its functions and prerogatives should be 
 suspended; that in the hands of a regent the pub-
 
 26 
 
 lie should lose the benefit of some means of good 
 government, which in the hands of a king must 
 be intended to be necessary for the public ser* 
 vice r In forming our judgment upon this ques- 
 tion we may have the benefit of the wisdom of 
 those who have gonebefore us; of former legisla- 
 tures, who havinghad occasion to provide for the 
 temporary exercise of the regal authority, were 
 called upon to consider, whether it was or was 
 not expedient to the public interests to suspend 
 in such case, any of the functions or prerogatives 
 of royalty, upon the ground of possible abuse by 
 the temporary possessor or possessors. These 
 acts of parliament having passed ^hen the third 
 estate was efficient, form no precedent as to the 
 right of the two houses of parliament to limit 
 the royal authority, when there is no efficient 
 third estate, and have therefore not been no- 
 ticed by me in the consideration of the right. 
 
 By the statute of, the first and secand of Phi- 
 lip and Mary, chapter 10, it is provided in case 
 of the death of the queen leaving issue to suc- 
 ceed her, if male, under the age of eighteen years.
 
 27 
 
 or if female, under the age of fifteen years, 
 that Philip should have the education and go- 
 vernment of such issue and of the realm, until 
 the issue attained the ages stated. 
 
 It could not have escaped this legislature, 
 that by possibility the regency of Philip, by rea- 
 son of the uncertainty of the age of the issue, at 
 the death of the queen, might have been of the 
 shortest duration, but the whole royal authori* 
 ty is conferred without limitation. 
 
 By the 6th of Anne, chapter the 7th, com- 
 monly called the succession act, after reciting 
 that it might happen at the death of the queen, 
 that the next protestant successor might be 
 out of the realm, provides, that in such case 
 the Archbishop of Canterbury, and six great 
 officers of state, who are named, together with 
 seven other persons appointed by the successor 
 during the life of the queen, if he should think 
 fit to appoint such, should, until the arrival of 
 the successor, or until he should otherwise de- 
 termine their authority, execute all powers, au- 
 thorities, matters, and acts of government, and
 
 28 
 
 administration of government, in as full and 
 ample a manner as the successor himself could 
 do if present within the realm ; with these ex- 
 ceptions only, that the}' should not have power 
 to dissolve parliament without the consent of 
 the successor, nor to give the royal assent to 
 any bill for altering or repealing the statute of 
 Charles II. for securing the established church 
 of England, commonly called the act of uni- 
 formit}'^, nor the act made in Scotland in the 
 last session of its last parliament, for securing 
 the protestant religion and presbyterian church 
 government in Scotland. 
 
 These particular exceptions have no applica- 
 tion to the matter of the present limitations; 
 they u,re\voul of the particular circumstances of 
 the limes. The proposed regency was of a 
 moat temporary nature ; it could not endure 
 many months. And yet it was not thought ex- 
 pedient to make a precedent for suspending any 
 general function or prerogative of royalty. 
 
 By the 24th George II. chap, 24, it is pro- 
 
 2
 
 29 
 
 vided that if the crown should descend to any 
 of the children of the then late Prince of Wales 
 under the age of eighteen, the Princess Dowa- 
 ger of Wales should be guardian of the succes- 
 sor, and regent of the kingdom with a council 
 of regency. Certain powers are given to her 
 personally; but with respect to the granting of 
 peerages, pardons for high treason, grants of 
 great offices, treaties for peace and war, and 
 some other important matters, she was to act 
 only by the consent of a certain number of the 
 council. But the whole royal authority is by this 
 act conferred upon the regent and council toge- 
 ther, except the power of altering the succes- 
 sion to thecroM'u, and altering or repealing the 
 two acts for securing the established religion of 
 England and Scotland. 
 
 By the 5th of the present king, precisely the 
 same provisions are made, and the same powers 
 given to a regent and council, in case of the 
 death of the king, during the minority of his 
 successor. 
 
 The particular exceptions in these two acts, 
 like those in the succession act, have no appli-
 
 50 
 
 cation to Ibe matter of the present limitations. 
 The regencies estaljJished might have been of 
 the shortest duration, and the acts may not un- 
 fairly be considered as declarations of the legis- 
 lature against the expediency of suspending any 
 general function or prerogative of royalty 
 during a temporary government. 
 
 If it be said, that these statutes, except that 
 of Philip and Mary, divide the powers of 
 royalty amongst many, and that a security 
 was thereby provided against the abuse of power, 
 which might make it expedient to give the whole 
 regal authority in such cases, although it 
 may not be expedient with respect lo a single 
 person. 
 
 I answer that in case of power in the hands 
 of an individual, the public derive protection 
 against its abuse, from his honour and charac- 
 ter, and responsibility to public opinion ; and 
 hat all history and experience prove that au- 
 thority derived from the law, is never so liable to 
 abuse as when by its distribution amongst num- 
 bers the force of responsibility is divided. 1
 
 31 
 
 must consider that these legislatures resorted 
 only to the expedient of numbers, because from 
 the circumstances of these cases there could 
 be no heir apparent competent to the govern- 
 ment, no person who being one day to fill the 
 throne, in his own right, might consistently he 
 placed in the temporary possession of it. 
 
 My general conclusion upon the head of ex- 
 pediencyis, that in no case in the English history, 
 excep t the precedent of 1 78S, the error of v^hich 
 I have endeavoured to expose, has it ever been 
 thought expedient to suspend during the tempo- 
 rary possession of power,any function or prero- 
 gative of royalty. And gentlemen have to ask 
 themselves, whether^ having regard to all the 
 circumstances which belong to the times, the 
 sovereign, and the regent; it can be expedient 
 for the public interests to make tipon this oc- 
 casion the first precedent of a royalty muti- 
 lated and defective in its powers. 
 
 The considerations which I have submitted 
 to the Committee have been the result of much 
 labour and some reflection. They may form
 
 S2 
 
 materials upon which gentlemen may exercise 
 their better judgments. Speaking for myself 
 and from my own conviction, I am bound tosay, 
 that it does appr-ar to me that if any function 
 or prerogative of the crown be now suspended, 
 that it will, be for the first time in the an- 
 nals of the country ;•— that the right of the 
 two houses of parliament to make such sus- 
 pension in the absence of an efficient third es- 
 tate is supported by no authority, and is re- 
 pelled by all such authority as the case affords; — 
 that it is whollyinconsistent with the principle 
 of necessity, which is the basis of our proceed- 
 ing — and that it is attempted to be supported by 
 assumptions false in reasoning aAd dangerous 
 and unconstitutional in their tendency; — and 
 that the argument of expediency is as unfound- 
 ed as the claim of right. I feel, therefore, but 
 I desire to express it with all due respect for 
 the opinions of other gentlemen, that if the com- 
 mittee be brought to reject the amendment pro- 
 posed, they will act under an awful responsibili- 
 ty to that people, whose interests they will not, I 
 think, protect ; and to that constitution, the in- 
 tegrity of which they ^v^l nor. I think, nrnintain. 
 W. fliut, PriQter, Old Bailt), Loadon.
 
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