Parliament to be the first Parliament after the King's demise, but the first Parliament that should be by him called, and therefore the Queen did not take the declaration, nor at the beginning of the next, because the coronation intervened, when she took it.

The 4 Anne, c. 8, which was made the year before the Union, was after the Union reënacted by 6 Anne, c. 7. 6 Anne, c. 7, is entitled an Act for Security of her Majesty's person and government, and of the Succession to the Crown in the Protestant line; and enacts that that Parliament, or any other Parliament which should be thereafter summoned by the Queen, her heirs or successors, should not be determined or dissolved by the death or demise of the Queen, her heirs or successors, but such Parliament shall and is hereby enacted to continue.-§ 5. And if there be a Parliament in being at the time of such demise, but the same happen to be separated by adjournment or prorogation, such Parliament shall immediately after such demise meet, convene, and sit, &c.

§ 11 takes notice, that it might happen that the next Protestant successor might, at the time of the Queen's demise, be out of the realm of Great Britain, in parts beyond the seas, and therefore makes provision for the administration of the Government, and particularly for holding the Parliament during his absence. And particularly § 17, that the Lords Justices shall not dissolve the Parliament continued and ordered to assemble and sit as aforesaid, without express direction from such succeeding King or Queen.

§ 18. That all the members of both Houses of Parliament, who are or shall be continued by this Act as aforesaid, shall take the oath, &c.

1714, July 9th, the Parliament was prorogued to the 10th of August.

Aug. 1st, Queen Anne died: and the same day the Parliament met, and in the House of Lords they took the oath, according to the 6th Anne; and so likewise did the Commons, as soon as the Speaker and they could make a House.

25th, the Parliament prorogued to the 23rd of September. Sept. 20th, the King came to St James's.

23rd, the Parliament prorogued by Commissioners under the Great Seal to the 21st of October.

Oct. 21st, further prorogued by Commissioners under the Great Seal to the 13th of January following; but, in the mean time, viz. the 5th of January, the Parliament was dissolved by proclamation.

King George did not take the tests at the meeting of this Parliament. He was not in England at that time; neither did he take them on the 23rd of September, which was after he came into England, and was a meeting of Parliament, because Lords and Commons were both there when the Commissioners prorogued them. This happened in case where the Parliament was separated by pro

rogation; and on the death of the Queen they assembled, according to the Act of Parliament, and made several laws.

As on the death of King William, the Parliament being then meeting, it was taken to be the same Parliament and the same session, so now the opinion was that it was the same Parliament but a different session, the former session having been determined by the prorogation.

Thus, in the Act that passed this session for the civil list, c. 1, there is a recital of the Soap Act, which passed in the same Parliament, just before the last prorogation by the Queen, and it is said to be an Act made in the last session of this present Parliament; the nature of the thing shows it to be another session, just as in the common case of a prorogation; and in the session 1 George, c. 2, in the Act to rectify Mistakes in the Names of the Commissioners of the land tax, &c., § 8, the laws which would have expired at the end of that session of Parliament, are enacted to continue in force till the end of the next session of Parliament.

So that this was a different session of the same Parliament, as the present case is, and the King did not come to the House and take the tests; so that the apprehension then must be, that the first Parliament in the 1 Gul. et Mar. must be, what certainly was the meaning of the Act when made, a new Parliament called by the authority of the successor."

On these reasons the Lords all present agreed, that there was no need for the King now to take the test; but he might do it at his coronation, if that intervened before a new Parliament should be chosen.

On the King's coming to the throne, he ordered Sir R. Walpole and Sir S. Compton to confer together about his affairs, and let him know what they thought fit to be done for his service from time to time. Sir R. Walpole seemed so sensible that he should be laid aside, that he was very irresolute what to do, whether to retire into the House of Lords and give up all business, or whether to continue.

But the King and the Speaker persuading him to continue, he went on, and undertook what the King expected from him, as to the Civil List and the Queen's jointure, which he forwarded in Parliament.

During which time, by his constant application to the King by himself in the mornings, when the Speaker, by reason of the sitting of the House of Commons, was absent, he so worked upon the King that he not only established himself in favour with him, but prevented the cashiering of many others, who otherwise would have been put out.

The Speaker for some time came constantly to the King every afternoon, and had secret conferences with him; but in about three

weeks' time he saw his credit diminish, and so left off the constancy of his attendance. The Tories and others, who expected great changes and alterations, finding things not to answer their expectations, began to retire about the end of the short session of Parliament that was held for settling the Civil List.

The King, when he came to the throne, had formed a system both of men and things, and to make alterations in several offices, as to their power, and particularly as to mine. About July 8th he told me that he expected to nominate to all benefices and prebendaries that the Chancellor usually nominated to. I told him, with great submission, that this was a right belonging to the office, annexed to it by Act of Parliament and immemorial usage, and I hoped he would not put things out of their ancient course. told me my Lord Cowper* told him, that in the latter part of his Chancellorship, in the Queen's time, he laid before the Queen a list of all persons whom he recommended to benefices, that she might be satisfied they were good Churchmen. I did not give up this point, but directly desired him to consider it; and afterwards, at another time, he told me that I should go on as usual.

He

Sunday, July 16th. I then saw him again: he seemed now very pleasant, and I gave him a list of all the Judges, both in England and Wales, King's Serjeants, and Council, and other subordinate officers in the law, in his invariable nomination, and told him, that as to those which were not Judges in England, they were many of them Parliament men, and some now stood again. So he ordered me to make out fiats for such of them as were like to be Parliament men.

He also told me, now that he had heard that I had acted prudently in his father's time, as to the commissions of the peace, that

*Lord Cowper's Diary, found amongst Lord King's papers at Ockham, confirms George the Second's account of the conversation.

EXTRACT FROM LORD COWPER'S DIARY. ·

"November 13th, 1705.-I had the Queen's leave to bestow my livings of £40 and under without consulting her.

"June 25th, 1706.-At cabinet. Before it begun, I had discourse with the Archbishop about disposing of the livings in my gift, and my having promised the Queen to present as she directed in all the valuable ones; he said he feared it would be under a worse management than under the late Keeper's servants, by the importunity of the women and other hangers-on at court, and promised to endeavour to get that matter into a proper method."

These importunate women and other hangers-on at court, were probably the first and loudest to cry "the Church is in danger," on every occasion that suited their interest or secured their patronage; and they thought the best security of the Church was to be found in the worst distribution of the richest benefices in that Church.

his pleasure was, that I should put into the commission of the peace all gentlemen of rank and quality in the several counties, unless they were in direct opposition to his Government; but still keep a majority of those who were known to be most firmly in his interest, and he would have me declare the former part as his sentiment.

I did declare this to very few, but I did to Sir T. Hanmer among others, which afterwards occasioned me a great deal of trouble; for he gave me the names of Sir R. Kemp, Sir C. Blois, and three others, to put into the commission of the peace for Suffolk, which I promised him to do, and intended so to have done in the November following, when the commission of the peace was renewed. I showed these names to the Duke of Grafton, the Lord-Lieutenant, but he would not hear of them. I told him what the King had told me, and what I had said to Sir Thomas Hanmer; whereon he went to the King, and complained to the King, who told me of it, and that the Duke of Grafton assured him these men were Jesuits, and that he did not intend that such should be put in. I told him I never intended to put in any such; but these were certainly gentlemen of quality, and recommended to me by Sir T. Hanmer, whom his Majesty knew to be well affected to his Government. But I was not so fond of them; but if his Majesty did not think fit they should be put in, I should not put them in. He told me that I must in this be guided by the Duke of Grafton, the Lord-Lieutenant; so I did not put them in.

November 24th, Friday.-Sir R. Walpole came to my house, and informed me that there was a treaty on foot between the King and the Duke of Wolfenbuttel, whose resident, Count Dehn, was here; that it was as good as adjusted, and that Lord Townshend being sick, he could not attend to it; and that the King would not let it be communicated to the whole Cabinet, but would take the three first of the lay Lords, viz. the Chancellor, President of the Council, Privy Seal, the two Secretaries, and Sir R. Walpole, the Chancellor of the Exchequer. I told him I had heard nothing of it, but that whatever the King commanded must be submitted to. He left with me a draft of the intended treaty in English. I desired to see the French, because that must be the original.

At this time, he took occasion to tell me of the great credit he had with the King, and that it was principally by the means of the Queen, who was the most able woman to govern in the world.

However, he wished now he had left off when the King came to the throne, for he looked upon himself to be in the worst situation of any man in England; that that which engaged him to go on, was seeing every one willing to settle a large Civil List on the King. He went with the others, and that the Civil List now given exceeded the Civil List given to his father, and all the additions made to it; so that this Civil List, which was given with unanimity, was

more than the late King ever had, and so was a justification of his conduct as to that matter in the late reign: that he was now struck at by a great number of people. All those who had hopes on the King's coming to the throne, seeing themselves disappointed, looked upon him as the cause. All the discontented Whigs, and Carteret, Roxburgh, Berkeley, Bolingbroke, the Speaker, Compton, and Pulteney, were entered into a formal confederacy against him; and if he could once retire, he never would meddle by way of opposition, but would comply with the Government in everything,

25th.-Lord Townshend sent me the French draught of the intended treaty.

Sunday, 26th.-At Court. Sir R. Walpole desired me to be at home the next evening, for he would come and talk with me about the treaty: The King spoke to me that he was entering into a treaty with the Duke of Wolfenbuttel; that it was personal to him, and that he had appointed me a Commissioner. I told him it was usual to appoint the whole Cabinet. He said he did not like it. I told him I must submit to his pleasure.

27th.—I was at home all the evening to expect Sir R. Walpole ; but he sent me word at eight that evening that he could not come. 28th. Sir R. Walpole came to me in the evening, and talked to me about the treaty, and that he was against having the Cabinet; no good ever came from them.

29th. This being the day in term when I had resolved to go to Ockham, just before I went out, there came a Bill to me by a messenger, signed by the King, for passing the Commission under the Great Seal, to treat and sign with the Ministers of the Duke of Wolfenbuttel. The said Bill or Warrant was dated the 28th of November. I immediately put the seal to the Commission, delivered it to the messenger, and forthwith went to Ockham.

30th.-Received at Ockham a letter from the Duke of Newcastle, dated November 29th, wherein he acquainted me that the treaty with the Duke of Wolfenbuttel had been adjusted with Count Dehn; and he being very pressing to have it signed forthwith, the Duke desired me to be in town this day, that so we might meet, and sign with Count Dehn on Friday. He likewise took notice, that when I came, the Commission must be re-sealed, the reason whereof he would tell me when he saw me. To this I returned answer, that my constant and continued application to the business of the Court of Chancery had brought upon me rheumatical and sciatical pains; and if I had any regard to myself or family, I must for remedy stay three or four days in the country. And, therefore, I hoped he would excuse my coming this day, especially when there was no necessity, because two are sufficient to sign.

Dec. 1st.-Received a letter from the Duke of Newcastle, dated 30th November, letting me know that there was a mistake in the