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feited all her liberties, on account of an infult committed by the citizens upon the University; in confequence of which, many of their privileges were taken from them, and granted to the Univerfity; from hence, we may fee, that a city may forfeit her privileges, and I do not know but the city of Edinburgh has already done fo; for if it should appear, that the citizens had been generally concerned in that riot and murder, if they should protect or conceal the murderers, or if the magistrates of that city had, either through fear or defign, connived at the murder, they might be justly deemed to have forfeited their charter; and in fuch a cafe, I do not know but it may be thought proper to divest them of fome of their privileges, by way of punishment, and as an example for other cities in time to come.

For this reafon, I think, my Lords, we ought to make a particular inquiry into that affair, and into the conduct of the magistrates upon that occafion; and this inquiry is the more neceffary, because it does not feem that any full difcovery has yet been made of the authors of that riot. This I hope may be obtained by virtue of the power and authority of Parliament; and when we have difcovered the authors, we may take fuch measures as may be thought moft proper for bringing them to condign punishment. As this tumult at Edinburgh was of the moft heinous nature, and as a very high indignity was by thofe rioters put upon the crown itself, we ought, in my opinion, to begin with it; but let us begin where we will, it is incumbent upon us to make fome inquiry into that and other riots which have lately happened; for after His Majefty has in his speech expreffly mentioned and complained of thefe riots and tumults, it would look very odd in this Houfe to take no notice of them, nor make any attempt to punish the authors of those that are paft, as well as endeavouring to prevent any fuch for the future. Such a neglect would fhew a very great disrespect and disregard for the honour and intereft of our Sovereign, which I

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am fure every one of your Lordships will endeavour to avoid, as much as you can. I shall not at present take upon me to make any motion, because I think it will come better from those who have the honour to be employed in Administration; and I hope fome of them will stand up and move for fome fort of inquiry in that affair, or make fome motion tending to that purpose.

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For my own part, my Lords, in taking notice of the affair in the manner I have already done, I have done my duty as a Lord of this House; and if nothing farther should be done, I fhall, from what I have faid, have at least this advantage, that if I should find myself obliged to oppose any methods that may hereafter be proposed for preventing fuch riots in time to come, which may very probably be the cafe I hope it will not be thrown in my teeth, that I am a favourer and an encourager of such riots; for, from what I have now faid, the contrary will appear. It appears, I believe, that I am as great an enemy to riots as any man: I am forry to see them fo frequent as they are; but I fhall never be for facrificing the liberties of the people, in order to prevent their engaging in any riotous proceedings; because I am fure it may be done by a much more gentle, and much lefs expenfive, method. A wife and a prudent conduct, and a conftant pursuit of upright and just measures, will establish the authority as well as the power of the Government; and where authority' is joined with prudence, the People will never be tumultuous; but I muft obferve, and I do it without a defign of of fending any person, that ever since I came into the world, I never faw an Administration that had, in my opinion, so much power, or fo little authority. I hope fome methods will be taken, for reftoring to the laws of this kingdom their ancient authority; for if that is not done, if the Lord Chief Justice's: warrant is not of itself of fo much authority, as that it may be executed by his Tipftaff in any county of England, without any other affiftance than what is provided by law, it cannot

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be faid, that we are governed by law, or by the civil magiftrate: if regular troops fhould once become neceffary for executing the laws upon every occafion, it could not then be faid that we were governed by the civil power, but by the military fword, which is a fort of government I am fure none of your Lordships would ever defire to fee established in this country. Lord Carteret, Feb. 10, 1737

W A R.

I AM old enough to remember the first great war against

France, and I remember that as foon as the Dutch applied to us for affiftance, King William immediately laid the case before Parliament, and took their advice, as to what was proper to be done upon that emergency, before he came to any refolution. Upon the breaking out of the fecond war, the late Queen did the fame; and I muft fay, that I think every King of this nation ought to follow that example; if they expect the affistance of Parliament, they ought to take the advice of Parliament; and our hiftories will inform us, that where they have done fo, they have generally done well; and where they have done otherwife, they have had but little success.

Mr. Cockburn, Jan. 25, 1734.

With refpect to the question now before us, I hope no gentleman expects, that for his fatisfaction His Majefty should be obliged to difclofe to this Houfe all the fecrets of his government, all the negotiations he is now carrying on with VOL. II.

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foreign powers, and all the private informations he may have received, in relation to the views and defigns of the feveral powers now engaged in war; nor can it be expected that His Majefty fhould now declare pofitively to us what he is refolved to do, in relation to his engaging or not engaging in the present war; if any fuch thing could be done, I believe it would very foon put an end to the question; but no fuch thing has ever yet been practifed, nor has this House ever thought such a practice neceffary, for inducing them to agree to any demand made by the Crown, and I hope it never will: for if ever this fhould come to be thought necessary, it would lay this nation under a very great difadvantage, because it cannot be expected that what is once disclosed in fuch a numerous affembly should continue long a fecret; from whence this inconvenience would neceffarily enfue, that foreign powers might at all times proceed with great fecrecy in their measures, for the deftruction or difturbance of this nation, while we could have nothing to anmoy our enemies, nor even be provided for own defence, but in the most open and public manner: nay, if our King should at any time get information of the defigns of our enemies, he would be obliged to discover to this House, that is to say, he would be obliged to tell our enemies, from whom he had that information, and on such a supposition, 'tis certain no information would ever be given to us; we could never know any thing of the fecret defigns of our enemies till the very moment of their execution; and therefore we must conclude, that fuch a maxim eftablished in this Houfe would be abfolutely inconfiftent with the fafety of our country. For this reafon we muft, in the prefent cafe, and in all fuch cafes, take the argument entirely from what appears in His Majefty's speech, and from thofe public accounts which are known to every gentleman in the Houfe. Upon this footing, Sir, and upon none other, fhall I presume to give my reafons for agreeing to the augmentation proposed; and, indeed, upon this footing the reasons are, in my opinion, fo evident and so strong, that there

is no occafion for inquiring into any fecrets, in order to find other reasons for our agreeing to this augmentation. From what has as yet appeared, we are not, 'tis true, obliged to engage in the prefent war; for as the motives, or at least the pretended motives for the war, relate entirely to the affairs of Poland; and as that is an affair in which the intereft of this nation is no way concerned, we are not obliged to engage in the war upon that account; the Emperor has indeed called upon us for the fuccours, which he pretends' are ftipulated by the treaties fubfifting between us; but as we are not by any treaty engaged to fupport either one party or the other in Poland, or to fupport His Imperial Majesty in his views relating to that kingdom, therefore we do not think ourselves obliged, by any treaty fnbfifting between us, to furnish him with fuccours in a war which has been occafioned, as is pretended at least, merely by the present dispute about the election of a King of Poland. If we were abfolutely certain that the motives affigned were the real and the only motives for the prefent war; if we had a full affurance that the parties engaged would carry their views no farther, I fhould readily grant that there would have been no occafion for our putting ourselves to any expence, nor would there be now any neceffity for the augmentation proposed; but this is what we neither could at the beginning, nor can yet depend on; foreign Courts may have fecret views which cannot be immediately difcovered; but His Majesty, by offering to interpofe his good offices, has taken the moft effectual method of discovering the fecret views of all the parties concerned; and if by the interpofition of his good offices he fhould discover, that either of the parties engaged in war will accept of no reasonable terms, we may from thence conclude, that the affair of Poland was not the only and real motive for the war, but to join with all our force against that party who we found had formed fuch a defign.

In the formation of every defign for overturning the balance of power in Europe, the party that forms it must not only have

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